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HomeMy WebLinkAbout26-05 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Inc. Form No. 30043 Ordinance No. 26-OS Passed , 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.024 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.040 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM SALTERGATE N-W INVESTMENT CO., LTD., LOCATED EAST OF SAWMILL ROAD AND NORTH OF SALTERGATE DRIVE, CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to construct a new phase of Emerald Parkway extending from Sawmill Road to Saltergate Drive to Hard Road to improve related traffic circulation; and WHEREAS, said improvement requires the City of Dublin to obtain a fee simple interest and temporary construction easement in and to the premises described in the attached Exhibits "A" and "B" located in the City of Columbus, Franklin County, Ohio; WHEREAS, the City desires to enter into an agreement to purchase a 0.024 acre, more or less, fee simple interest and a 0.040 acre, more or less, temporary construction easement, for the construction of a new phase of Emerald Parkway extending from Sawmill Road to Saltergate Drive to Hard Road for $10,840.00; and WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee simple interest in the 0.024 acre, more or less, fee simple interest and a 0.040 acre, more or less, temporary construction easement, located east of Sawmill Road and north of Saltergate Drive, in the City of Columbus, Franklin County, Ohio, as described in the attached Exhibits "A" and "B"; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding for this acquisition. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a Real Estate Purchase Contract and any necessary closing documents related to the acquisition of the 0.024 acre, more or less, fee simple interest and a 0.040 acre, more or less, temporary construction easement and paying any related costs. Sect;nn 2. There be appropriated from the unappropriated balance in the Emerald Parkway - Phase 5 TIF Fund the amount of Ten Thousand Eight Hundred Forty Dollars and 00/100 Cents ($10,840.00) to account 440-0314-780-2551, for the purchase of acquiring the 0.024 acre, more or less, fee simple interest and a 0.040 acre, more or less, temporary construction easement and paying any related costs. S ..te~s inn There be advanced to the Emerald Parkway -Phase 5 TIF Fund the amount of $10,840.00 from the Capital Improvements Tax Fund. This advance will be repaid in the future from service payments generated from the modified McKitrick TIF district. Section 4. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this day of 2005. Mayor -Presiding Officer r ATTEST: I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section ~~i~" ~ 731.25 of the Ohio Revised Code. Clerk of Council _ uty Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manager~ow..~., J- ~J Date: A ri126, 2005 P Initiated By: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer Stephen J. Smith, Law Director Re: Emerald Parkway, Phase 5A -Sawmill Road to Hard Road Ordinance No. 26-OS Summary This project requires appropriation ofright-of--way and temporary construction easement from Saltergate N-W Investment Co., Ltd. for the construction of a new phase of Emerald Parkway from Sawmill Road at Saltergate Drive to Hard Road. A drawing of the proposed right-of--way and temporary construction easement is attached for your review. This project will include replacement of the traffic signal and curb ramps at the intersection of Sawmill Road and Saltergate Drive and repaving of the intersection. An agreement has been reached with Saltergate N-W Investment Co., Ltd. for compensation of this acquisition. The agreed upon compensation was based on an independent appraisal. Ordinance No. 26- 05 has been submitted to Council for approval of this acquisition. Recommendation Legal and Engineering Staff recommend Council adoption of this ordinance. o ~ ' RSAL SSTATS DSSCRIPTION of 10.024 acres Proposed Right-of WaY for Tha City of Columbus The following Real Estate situated in Section 1, Township 2, Range 19 of the United Lands, in the City of Columbus, Franklin County O~o~ and bein States Military Saltergate N-W Investment Co g part of a 3.004 act,e tract conveyed to 200010100205320 of the F mP~y1 Ltmrted, as ~0~~ m Instntments 200010100205319 ,and follows; tanklin County Recorder s Office, and being more particularly described as Beginning, for reference, at a point in Sawmill Road at Franklin Coup En 7769, at the intersection of the centerline of Saltergate Drive, said Saltergattye Drib g shoes ~ ~ PGat of Olde Sawmill Phase One, recorded in plat Book 48, Page 14; Thence S 87-16-11 E, 85.06 feet along the said center line of Saltergate Drive to a point; Thence N 02-43-49 E, 30.00 feet to an iron piri set in the north line of Saltergate Drive and the south lino, and also being the most easterly coiner and PRINCIPAL PLACE OF BE 0.024 acre parcel described herein; grantor's GINNING of flee Thence N 87-I6-11 W, 27.32 feet along the saidf north Line of Saitergate Drive and the grantor's south line to a point of curvature; Thence with a curve to the right having a radius of 20.00 feet, an are len 90-00-00, and a chord bearing N 42-16-11 W, 28.28 feet, to a point of tan of 31.42 feet, a delta angle of Road as shown on the plat of Olde Sawmill .phase One; Bency m the east line of Sawmill Thence N 02-43-49 E, 27.32 feet along the east ;line of Sawmill Road and the grantor's west line to a PK nail set in concrete sidewalk at the most northerly comer of the 0.024 acrd parcel herein described; Thence S 42-16-11 E, 66.93 feet across the grantor's land to the PRINCIPAL p~~ OF BEGINNING containing 1,034 sq, ft., or 0.024 a<:res, more or loss, subject to all legal rights-of--way, easements and restrictions of record. Iron pins indicated set aze 5/8" x 30" rebazs with a plastic I.D. cap stamped'`Dodson 6446". This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon an actual survey of the premises in May 2004, and upon available public records, Bearings listed are based on the line between Franklin County Engineer's monuments FCGS 7772 and FCGS 7769 ~1'ing the bearing of N 02-34-54 E. Walter A. Dodson, P.S. p g / B / Burgess & Niple, Inc II! ~„IIA1NIIry„+ . ~ ILA .~l o - * i •DODSON ~ ~R.~ E,.~~ ~~~e EXHIBIT ' City of Columbus Sec 1, T 2, R 19, U.S.M.L., 'Franklin County, Ohio I 587,18, Sawmill Forest ~ 48"E P.B. 52, Pg, 44 I 363,87' 0 100' 200' SALTERGATE N-W INVESTMENT COMPANY, w LIMITED ~ ~ 3.004 Acres o INST. 200010100205319 ¢p ~ o INST. 200010100205320 N ~ z PID: 1 14085 - ~ Saltergate. Village v Townhomes Condominium ~ I o ro O,R. 10484, Pg. B12 N J R=20.00' J L=31,42' D=90'00'00" Chd-N42' 16' 11 "W, 28.28'- ' R=1570.00' Q L=118.95' (n 0.024 Acres D=4'20'27" N87'16'11"?y Chd=N89'26'24"W, 118.92' MON BOX ~ X5.31' _ IPF FCOS 7769 SALTER ,ATE 'PF IPF - N ~ DRI VE 60 n3 n " IPF IPF ti I Olde Sawmill Square IM Shopping Center 0 1.209 Acres S O.R. 4972, Pg. 101 I y PID: 590-199950 I 0 30' 60' PK Rs20.00' N L°31.42' D=90'00'00" DETAIL N sA~. Chd=N42'16'ti"yV, 28.28' I ~ 0.024 Acros Pertinent Documents; 1,034 s.f. 1 Plat of "Olds SaWmlll Phase One', 27 32' P.B. 48, Pg. 14. 2 Plat of "Olds Sawmill Section Eight", NST16'11"?y w P.B. 59, Pg, 39, ~ 3 other plats and documents as Ilsted rn o°~~ Olds Sawmill Phase One ,9 Plat Book 48, Page 14 LEGEND MON Box S 8T16'11" E 85.06' o Monument Found 7769 z •PK PK Nall Set • 5/B" x 30" robot set With plastic I,D, cap: "DODSON 6446" ()parenthesis indicates record dimension if different than measured. I t Nips I do heroby certify that this plat was based upon an ; E 0 F sae6 Reed 1~d''de~p~60 Ohto 4sEE0 actual survey of the promisee in May, 2004, using ~~.`,t~~'''~~~~~~''•.~y':, (e14 4so- closed loop traverse With a mothemotical closure greater h Bey °on than 1:20000, Bearings Ilsted aro based the line between (~AA~ / CI~ QF' Franklin County Monuments numbered 7772 and 7769 equal ~ ~ C~LUl?,tBU~ to: N 02-34-54 E # OO~SON i ;A e. - Survey of 0.024 acres ~ ~e~ 6446~~,r ~ from G~~~ G ! S,t E, : q. Soltergate ~-w Investment r- y R y E~~(~ Company, LTD., Columbus, Ohio 51910 / Walter Alien Do son PS 6446, Ohio W.A'D, 5/17/04 Itl 33861 . , REAL 88TATE DESCRIPTION of 0.090. acres Temporary Ega~ent for The City of Columbus The following Real Estate situated in Sectian 1, Townshi 2 Lands, in the City of Columbus, Franklin County, Oluo, and betn~e 19 of the United States Military Saltergate N-W Investment Company, Limi B part of a 3.004 acre tract conveyed to 200010100205320 of the Franklin County Recorder s o~~~ m' Instruments 200010100205319 and follows; ,and being more particularly described as Beginning, for reference, at a point in Sawmill Road at Franklin County fingineet's monument FCGS 7769, at the intersection of the centerline of Saltergate Drive, said Saltergate Drive being shown on the plat of Olde Sawmill phase One, recorded in plat Book 48, Page 14; Thence S 87_16-11 E, 85.06 feet along the said center line of Saltergate Drive to a point; Thence N 02-43-49 E, 30.00 feet to an iron pin set in the north line of Saltergate Drive and the grantor's south lino, and also being the most easterly comer and PRINCIPAL; PLACE OF BEGINNING of the 0.040 acre parcel described herein; Thence N 42-16-11 W, 66.93 feet across the grantor's land to a point in the cast line of Sawmill Road as shown on the Plat of Olde Sawmill phase One, h~ a PK nail set in concrete sidewallG Thence N 02-43-49 E, 28.28 feet along the east Tine of Sawmill Road and the grantor's west line to at the most northerly corner of the 0.040 acre parcel herein described; Thence S 42-16-11 E, 106.93 feet across the grantor's land to a point in the north line of Saltergate Drive . and the grantor's south line, and also being the most easterly corner of the 0.040 acre parcel herein described; Thence N 87-16-11 W, 28.28 feet along the north line of Saitergate Drive and the grantor's south line to thc PRINCIPAL PLACE OF BEGINNING containing 1,739 sq. ft., or 0.040 acres, more or less, subject to all legal rights-of-aay, easements and restrictions of record. Iron pins indicated set are 5/8" x 30" rebars with a plastic LD. cap stamped'~Dodson 6446". This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,. and was based upon an actual survey of the premises in :May 2004, and upon available public records. Bearings listed are based on the line between Franklin County Engineer's monuments FCGS 7772 and FCGS 7769 having the bearing of N 02-34-54 E. G~~ lter .4. o ~ / g dson, P.S. 6446, OWo Burgess & Niple, Inc 1r ~ ' 0 F ~ j' WAl.T1~ ~ ' i A o i ~ OODSDfl ? ~ R V,E,`I ,r; ElCHIBIT , v ~ City of Columbus Sec 1, T 2, R 19, U"S"M. L., Franklin County, Ohio I Sowmill forest S87'18'48"E P.B. 52,; Pg. 44 ~ 363,87' I 0 100' 200' SALTERGATE. ~N-W INVESTMENT COMPANY, w LIMITED v 3.004 Acres o n INST. 200010100205319 p M INST, 200010100205320 N O z° PID: 114085 ~ ~ Soltergote ~Iloge Townhomes Condominium ~ ~ ~ O.R. 10484, Pg, gl2 I R=20.00' '-f t.=31.42' 0=90'00'00" 3 Chd=N42'16'1'1"W, 28.28' R=1570.00' Q 1 1.=118.95' (n 0,040 Acres D=4.20'27" ` N87'16'11"W Chd=N89'26'24'1N, 118.92' MON BOX 225,31' IPF IPf fCGS 7769 IPf SALTER ATE - 60 N. DRI VE ~ ~3 IPF IPF n ~ <n Olde Sawmip Square 4 IM Shopping Center iv 1.209 Acres e ° O.R. 4972, Pg. 101 m PIO: 590-199950 I w o~ a dp ~ N v ~ N N 0 30, o 60' z PK S ~ ~ mac; ~6` DETAIL ~ 'e.'~~• N Y a` ~i, r~l d, I 0.040 Acres ~ 1,739 s.f. Pertinent Ooeumenta: t Plot of "Olde $owmlll Phase One', 27 32' P.B. 48, Pq. la. 28.28' 2 Plat of "Oltle Sowmill Section E1ght", P.B. 59, Pg. 39. W N 87'16'11" yy 3 other plots and documents as listed ~ g Olde Sowmill Phase One nI~ Plot Book 48, Page 14 LEGEND MoN Box s 8716'11" E o fCGS 7769 85.06' O Monument found Z •PK PK Nail Set • 5/8" x 30" rebar set with plastic 1, D. cap: "DODSON 6446" ~„~w««~u„~~I paronlhesis indicates record dimension ~ ~ O ~ ~ t,~ i( different than measured. Bur~aee k Nlple t= ~ i:''~p`~''.,y 60e5 Read Road, ColumOue, Ohio 4~YY0 I do hereby certify that this plot was boxed upon on t actual survey of the premises in May, 2004, using A. o (ei4) 4bo-4030 closed loop traverse with o mathematical closure greater ? ~ ~ ~`ey r0r' than 1:20000. Bearings listed ore bored the line between % t :9 G11GS~N C ~ 4 ~ CITY OF COLUMBUS Franklin County Monuments numbered 7772 and 7769 equal = ~ 6446~~, S to: N 02-3a-Sa E. ~ Survey of 0.040 acres from ~~''ar,~R V E ~ O Soiltergote N-W Investment M+",««•«"` Company, LTD„ Columbus, Ohio DG~4Lc,~ s~jg !o Walter Allen Dodson PS 6446, Ohio / W'A'D' 5/17/04 scet« i•" loo• 33861 & 1 ~ - i ~ 5' ` ~ a ~ ~ , ,4 - r `r~,p) ~ 1 e,. , ~ ..r . ;c ~ ~ j ~ r ~ i e,i r t = ~ i i':S n. ~ ~ ~ ;I I r A.;~ ~r ~ J Rxt ..r: "fit-. •~r. 1 iC r~, F~ e 4, -f"" •hr ri:: f 1 .YSr M ~ ~ 't ~O y e:; ' ~ '.y ~ '>t .I t.H' ~ Sid ' _ ~ ~ ~ ~$'k "J..G~6~ - y`1 ~ 5 ~ i ~ y ~R 1'.E s~ , ~ ~ M ~ sti JAEy &~5 ~ ~ a' - $t 4A st fit. ~ ~'--w~ ~3 ~a~ - ~ ter' ,t r ~i ~ a } t ~ ~ `^.,v-+~.,,, aw T, a1' sfi c ' hs a~ty~~+p y, '1: } n ' r:. 4R ~ v. - r a'Ei" a r-' F' _ ~ > ~ o- ~ x ,f ~ , r - _ _ ' ~ ,r - ~ ~ , ~ - j - ~ _ r .ter f it } n 1 ~ ~ y ~A * ~ * N ~v D ~ . \G \ ,r ~ ,~E;; w,~, ~ f ~ ~ ~ ~ r, cn ' cn ~ . _ ~ r Y t~ ~:.r S. W ~ ~ ~~~k ~ ~ ~ sk fix ' 3., r w F ~ ~ I 4. , r, U - ~ ~ a~ z~ ~ 1 ~ M k E . ~g r v ~ a T t ~ c.. .Z.1lii EXHIBIT CITY OF DUBLIN o ~ EMERALD PARKWAY PHASE 5 A PREPARED BY THE CITY OF DUBLIN, ~ DIVISION OF ENGINEERING E. OF SAWMILL RD. N. OF SALTERGATE DR. 5800 Shier-Rings Road • Dublin, Ohio 43016-1236 ~ EAST OF DUBLIN, OHIO Phone (814)410-4800 • Fas (614)761-8506