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HomeMy WebLinkAbout34-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 3Q(143 34-06 Ordinance No. Passed , 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.270 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.047 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM DAVID BLOOM, LOCATED SOUTH OF RIVER FOREST ROAD AND WEST OF DUBLIN-BELLEPOINT ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS the Cit of Dublin is re arin to construct a bike ath tunnel at the Y p p g p intersection of River Forest Road and Dublin Road; and WHEREAS, the City desires to enter into an agreement to purchase a 0.270 acre, more or less, fee simple interest, and a 0.047 acre, more or less, temporary construction easement for the construction of a bikepath tunnel located at the intersection of River ~ Forest Road and Dublin Road for Fifty Two Thousand Three Hundred Dollars and 1 ents 2 00.00 • and 00/ 00 C $5 ,3 , ~ ) h f r m nti n o •ectiv s will re uire the i of Dublin to obtain a WHEREAS t e a o e e o ed b e C J q tY fee simple interest in the 0.270 acre, more or less, fee simple interest, and a 0.047 acre, more or less, temporary construction easement, in the City of Dublin, Franklin County, Ohio, as described in the attached Exhibits "A" and "B". NOW, TH~ORE, 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 Agreement and any necessary closing documents related to the acquisition of the 0.270 acre, more or less, fee simple interest, and a 0.047 acre, more or less, temporary construction easement and paying any related costs. Section 2. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt construction of a bikepath tunnel at the intersection of River Forest Road and Dublin Road is necessary to protect the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this _~1~_ day of , 2006. Mayor -Presiding Officer ATTEST: - ~ C~,~~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Dep Clerk of Council, Dublin, Ohio i MEMORANDUM TO: Dublin City Council Jane S. Brautigam FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: May 31, 2006 RE: River Forest Road Bikepath Tunnel Ordinance Nos. 34-06 through 36-06 SUMMARY: We are beginning the land acquisition process for the construction of a Bikepath tunnel at the intersection of River Forest Road and Dublin Road. This project requires the acquisition of right- of-way and temporary construction easements from three (3) landowners. Drawings of the proposed right-of--way and temporary construction easements were previously provided with Resolution Nos. 50-06 through 52-06 on May 15, 2006. We have been unable to reach an agreement with two (2) of the property owners. Ordinance Nos. 35-06 and 36-06 have been submitted to Council for approval to appropriate the necessary right-of--way and temporary construction easements. We have reached an agreement with one (1) of the property owners for the appraised value. Ordinance No. 34-06 has been submitted to Council for approval of the purchase of the necessary right-of--way and temporary construction easement. RECOMMENDATION: Legal Staff recommends approval of Ordinance Nos. 34-06 through 36-06. {H0684789.1 } Exhibit "A" Parcel6-WD City of Dublin, Ohio From: David Bloom Ali Right, Title, and Interest in Fee Simple in the Following Described Property without Limitation of Ezisting Access Rights in the Name of and for the Use of The City of Dublin. Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey Number 2544 and being part of record 1.610 acre pazcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to David Bloom by Instrument of Record 200402120031 S09 of the records of Franklin County, being a parcel of land lying on the left side of the centerline of Right of Way ofDublin-Bellepoint Road and bounded and described as follows: Commencing for reference at a railroad spike found in the centerline of existing Right of Way ofDublin-Bellepoint Road at the intersection of said centerline with the centerline - of existing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 46-47; thence South 17° 22' O 1" East a distance of 210.94 feet to a point on the existing centerline of Right of Way ofDublin-Bellepoint Road; thence South 72° 37' S9" West a distance of 40.02 feet to a point on the westerly line of said Dublin-Bellepoint Road existing Right of Way and being the Principle Point of Beginning for the parcel herein described; Thence crossing through said Bloom property North 35° 00' 46" West a distance of 62.27 feet to an iron pin set; Thence North 70° 40' 00" West a distance of 90.53 feet to an iron pin set; Thence North 47° 33' 39" West a distance of.40.69 feet to an iron pin set; Thence North 28° 06' 11" West a distance of 41.57 feet to an iron pin set; Thence North 72° 37' SS" East a distance of 99.66 feet along the existing southerly Right of Way line of River Forest Road as described by Plat Book 28, Pages 46 and 47 to an iron pin set; Thence with a curve to the right, along said existing Right of Way Line of River Forest Road with an arc length of 28.49 feet, with a radius of 20.00 feet, with a chord bearing of South 66° 33' 04" East, with a tangent of 20.00 feet, and a chord length of 26.15 feet to an iron pin set; Thence South 17° 22' O1" East a distance of 172.36 feet to the Principle Point of Beginning and enclosing an azea of 0.270 acres; Of the above described azea-0.270 acres is contained within Franklin County Auditor's Parcel 273-OOOS38; All iron pins set aze'/.-inch inside diameter by 30 inches with a cap stamped "American Consulting, Inc." and will be set after construction is completed. The bearings are based on the Ohio State-Plane Coordinate System, South Zone, as established by the National Geodetic Survey, North American Datum of 1983, (1986 Adjustment) from GPS observations made from Franklin County Monument "Frank 6648" and City of Dublin Monuments "3-02" and "97-008". The above description was prepazed in February 2006 by Charles P. Unterreiner, Professional Surveyor 7819 from a field survey made by American Consulting, Inc. in January 2005 under the direction of said surveyor. A drawing of the above description known as Exhibit "B" is attached hereto and made part thereof. Grantor claims title b Instrument of record in Official Rewrd 19224 Pa e B 19 9~'``~~A y` Y ~ g mac. V Recorder's Office, Franklin County, Ohio. ~ Charles EXHIBIT = ` ~ ~ Un?~rrsin~r 5- American Consulting, Ina i 7;;Zg ~ ~Or Charles P. Unterreiner, P.S. 7819 Date Exhibit "A" Parcel 6-T City of Dublin, Ohio From: David Bloom Temporary Easement in the Name of and for the Use of The City of Dublin. Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey Number 2544 and being part of record 1.610 acre parcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to David Bloom by Instrument of Record 200402 12003 1 509 of the records of Franklin County, being a pazcel of land lying on the left side of the centerline of Right of Way of Dublin-Bellepoint Road and bounded and described as follows: Commencing for reference at a railroad spike found in the centerline of existing Right of Way ofDublin-Bellepoint Road at the intersection of said centerline with the centerline of existing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 46-47; thence South t7° 22' Ol" East a distance of 228.75 feet to a point on the existing centerline of Right of Way of Dublin-Bellepoint Road; thence South 72° 37' S9" West a distance of 40.02 feet to a point on the westerly line of said Dublin-Bellepoint Road existing Right of Way and being the Principle Point of Beginn_ng for the parcel herein described; Thence North 79° 21' 03" West a distance of 31.37 feet to a point; Thence North 13° 49' 46" West a distance of 70.18 feet to a point; Thence North 60° Ol' S0" East a distance of 23.94 feet to a point located on the westerly Right of Way line of Dublin-Bellepoint Road; Thence South 17° 22' Ol" East a distance of 90.00 feet along the westerly Right of Way line of Dublin-Bellepoint Road to the Principle Point of Beginning and enclosing an azea of 0.047 acres; Of the above described area 0.047 acres is contained within Franklin-County Auditor's Pazce1273-000538; The bearings are based on the Ohio State Plane Coordinate System, South Zone, as established by the National Geodetic Survey, North American Datum of 1983, (1986 Adjustment) from GPS observations made from Franklin County Monument "Frank 6648" and City of Dublin Monuments " 3-02" and "97-008". The above description was prepared in February 2006 by Charles P. Unterreiner, Professional Surveyor 7819 from a field survey made by American Consulting, Inc. in January 2005 under the direction of said surveyor. A drawing of the above description known as Exhibit "B" is attached hereto and made part thereof. Grantor claims title by Instrument of record in Official Record 19224, Page B 19 of the Recorder's Office, Franklin County, Ohio. American Consulting, Inc; r ' Charles P. Unterreiner, P.S. 7819 Date .~,~p'~E OF ph~p f g, Ch~rles~ x i• P. - i t.~rltErr~lrir ' y`S PROJ. N0+ C020D40133 . EXHIBIT B PARCEL 6-WD FIDE N0+ 2 AMERICAN CONSULTING, INC. 2550 CORPORATE EXCHANGE DRIVE 0.270 ACRES SUITE 300 RIGHT OF WAY DRAWN BY+ FJA COLUMBUS, OHIO 43231 Architects (614190%2235 fAX= (6!4190/-2236 Consultants DUBLIN, OHIO CNKD BY+ CPU Engineers ~ ~ SHELIA M. TURNER • ~ cn ~ `1 RIVER FOREST RESIDENTIAL ~o LOT # 7 70 \ mom` N INST #1999404080088430 ~ ~ \ mo P1 D 273-000456 ~ \ ~ ~ 1.734 AC. ' ~ ~R. S. y?. 2 tin - o ~ ! P.S. I.P.S.=i \ \ o ~ _ N ~ ~ Rld/8' PG k6,4 Sao z i / o PB 2 w 6-WD 3 ' ~ o / ~z. R` N 28° 06' l1" W Q~ I.P.S. ~ i \ ~ 41.57' ` RiK, ''O~ A ~ ~ c' ~ fi =i ~ \ N 47° 3' 39" W P.O.B. \ 40.69' ~ ~ \ ~ 90.53' ~ ~ \ LOT #86 N 35° 00' 46' W m ~ WILLIAM E. & 62.27 o ~ \ m'o ~ LINDA J. T000 ~ o ~ ~ _ N © -i ` ~ \ \ ~ DAVID BLOOM \ RIVER FOREST RESIDENTIAL 'p m` \ Q 10' x 10' TELE. LOT #87 ~ ~-~cF' EASEMENT INST #200402!20031509 ~,;a \ \ OB 3763, PG 432 P1D 273-000538. /.6/0 AC. \ \ 1Q - N 72° 37' S5" E, 99.66' \ \ 2Q - CH S 66° 33' 04" E, CH L 26.1 o\ \ R - 20.00', ARC L 28.49' T = 20.00' SCALE: I' = 80' S 17° 26' 0/' E, 172.36' BASIS OF BEARING+ o ao ao 160 • = IRON PIN-FOUND p IRON PIN SET BEARINGS ARE BASED ON THE OHIO STATE -o-a RR SPIKE FOUND PLANE COORDIANTE SYSTEM, SOUTH ZONE, LP. SET ARE 3/" 1.0. NAD 83 (86 ADJUSTMENT) IRON PIN 30" LONG WITH 1 HEREBY CERTIFY THAT' CAP INSCRIBED AMERICAN THE FOREGOING DRAWING REPRESENTS THE CONSULTING, INC. RESULTS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED UNDER MY RESPONSIBLE SUPERVISION AND THAT THE SAID DRAWING IS • ,,~~~.~E_OF.G~f~,:,, CORRECT TO THE BEST OF MY KNOWLEDGE _ AND BELIEF. ' Charles ` r F. s 8 Un'e~;ei;per ~ ~ ~~-.._.SVRV~YCQ;,,,,.•' CHARLES P. UNTERREINER, P.S. N0. 7819 DATE AMERICAN CONSULTING, INC. SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, .CITY OF DUBLIN AND BEING 1'N VIRGINIA MILITARY SURVEY NUMBER 2544 PRO). NOt 0020040/33 . EXHIBIT B PARCEL 6-T fttE Noy 2 AMERICAN CONSULTING, INC. 2550 CORPORATE EXCHANGE DRIVE p.047 ACRES SUITE 300 TEMP. EASEMENT DRnwN BYE FJa COLUMBUS, OHIO 4323! A~chltects (6141901-2235 FAX: (614190/-2236 Consultants DUBLIN, OHIO CHRD BYE CPU Engineers ~ \ SHELIA M. TURNER 8 ~ RIVER FOREST RESIDENTIAL ' ` x\ ~ 1 LOT #7 ~ o N INST. #1999404080088430 ~ ~0\ m-" PID 273-000456 ~ m° 1.734 AC. ~ R.S. <6' E AS ~ 4 , ~ m z ATT 2789, PG ,,i~ `cn v o ` ' I~EN D i ~ ° \i SvER F ~6-47 ~ \o ~ - . - " u. P- 28. P ~ to \ - B ® l0' x lO' TELE. DAV10 BLOOM ~ ~ EASEMENT RIVER FOREST ` \ o OB 3763, PG 432 ` ~ -n RELOT E#87 AL ` ° m !Q N 79° 2l' 03~ W, 31.37' INST #200402/2003/509 3 ~ Gm \ ~ ~ ` 20 N 13° 49' 46" W, 70.18' PID 273-000538 ~ z mr 30 N 60° Ol' S0" E, 23.94' 1.610 AC. ~ ~ m\` Z \ m- ®S 77° 22' 0l" E, 90.00' ~ 4 ` ~ \ o ~ ` r ~ ~ o in ~ Z \ / ` -i P.O.B. o u,~~ ° \ SCALE: 1' =.80' N 1 \ 0 40 80 160 ~ ` • -IRON PIN FOUND BASIS OF BEARING Q IRON PIN SET BEARINGS ARE BASED ON THE OHIO STATE RR SPIKE FOUD PLANE COORDIANTE SYSTEM, SOUTH ZONE, LP. SET ARE LD. NAD 83 (86 ADJUSTMENT) IRON PIN 30"-LONG WITH 1 HEREBY CERTIFY TNAT~ CAP INSCRIBED AMERICAN THE FOREGOING DRAWING REPRESENTS THE CONSULTING, INC. RESULTS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED UNDER MY RESPONSIBLE SUPERVISION' AND THAT THE SAID DRAWING IS l,•~~P~~-a~'Oy,,`4 CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~O • l.Il~r'ri4J •y _ / / /j r. ~ @ tJnt_arreinOr ~r ~ ( ~ !//L~. 3 .-3-Cf Vii, `c~%sir~`' CHARLES P. UNTERREINER, P.S. N0. 78/9 DATE SURV~~'~~ ' AMERICAN CONSULTING, INC. SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN AND BEING IN VIRGINIA MILITARY SURVEY NUMBER 2544 CITY OF DUBLIN DUBLIN RD./RIVER FOREST RD. PREPARED BY THE CITY OF DUBLIN, BIKEPATH TUNNEL DIVISION OF ENGINEERING ssoo ~r-Rings Roaa.avbno, oh» 4~o1~-lam DAV 1 D BLOOM PROPERTY Phono (614p110-46(10 ~Faz (614)761-6sOb C _ . _ - ~ o ~ z _ ~y 6.._q Wit` r _ r #y . 200 R=20 't.. ~ g`~ { ; {PROPOSED ~ Y- ~..a P~ R£.. BIKEPAT t { ~ p.27p ACRES y a. ! ~PRgPOSED RNv TINEL .oo i ` ~ ~ 90Ap ' w f xr. b... ~ `f - ~.e i _ ~ F .ll~ ~ - gip- t 5_.: ~ ~ ~ 17 w S ~#8170 ~ ~ , ~ a 1 -4~a I ;~,,~s "`,f I_ ~p . ~ ~ g - , ~q #7 ACRES r ~ 4 ~ ~ ~ _ , y, TE EAS ~ ~ ~ k~ MP. b1F'a > Asa ~ ~ ~ ~ _ tr .~.~1.~1i. DRAWN CHECKED DATE: JOB N0. JLR 05/09/06 04008CIP