The URL can be used to link to this page

Home My WebLink About45-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 45-06 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.007 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.055 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM SHEILA M. TURNER, LOCATED NORTH 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 City of Dublin is preparing to construct a bikepath tunnel at the intersection of River Forest Road and Dublin Road; and WHEREAS, the City desires to enter into an agreement to purchase a 0.007 acre, more or less, fee simple interest, and a 0.055 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 One Thousand Two Hundred Seventy-Five Dollars and 00/100 Cents ($1,275.00); and WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee simple interest in the 0.007 acre, more or less, fee simple interest, and a 0.055 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, THEREFORE, BE IT RESOLVED 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 0.007 acre, more or less, fee simple interest, and a 0.055 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 ~..5 f day of , 2006. ayor -Presiding Officer ATTEST: 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. puty Clerk of Council, Dublin, Ohio 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: July 17, 2006 RE: River Forest Road Bikepath Tunnel Project Ordinance 45-06 SUMMARY: We have completed the land acquisition process for the construction of a Bikepath tunnel at the intersection of River Forest Road and Dublin Road. This project required the acquisition of right- of-way and temporary construction easements from three (3) landowners. A drawing of the proposed right-of--way and temporary construction easements was previously provided with Resolution Nos. 50-06 through 52-06 on May 15, 2006 and Ordinance Nos. 35-06 and 36-06 on July 3, 2006. We have reached an agreement with the remaining property owner for the appraised value. Ordinance No. 45-06 is being submitted to Council for approval of the acquisition of the necessary right-of--way and temporary construction easement. RECOMMENDATION: Legal Staff recommends approval of Ordinance No. 45-06 authorizing the land acquisition. Exhibit "A" Parcel 8-WD City of Dublin, Ohio From: Shelia M. Turner All Right, Title, and Interest in Fee Simple in the Following Described Property without Limitation of Eusting 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 1.734 acre pazcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instnunent of Record 199904080088430 ofthe 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 North 17° 22' O1" West a distance of 53.04 feet to a point on the existing centerline of Right of Way of Dublin-Bellepoint Road; thence South 72° 34' 42" West a distance of 39.95 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 pazcel herein described; Thence South 17° 22' O1" East along the westerly Right of Way line of Dublin-Bellepoint . Road a distance of 8.00 feet to an iron pin set; Thence with a curve to the right, along said Right of Way line with an arc length of 31.42 feet, with a radius of 20.00 feet, with a chord bearing of South 27° 37' S9" West, with a tangent of 20.00 feet, and a chord length of 28.28 feet to an iron pin set; Thence South 72° 37' S9" West a distance of 8.00 feet to an iron pin set; Thence crossing through said Turner property North 27° 37' S9" East a distance of 39.60 feet to the Principle Point of Beginning and enclosing an area of 0.007 acres; . Of the above described azea 0.007 acres is contained within Franklin County Auditor's Pazce1273-000456; All iron pins set are'/,-inch inside diameter by 30 inches with a cap stamped "American Consulting, Inc." and will be set after construction is completed. The bearings aze 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. Unteaeiner, 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 Instrument of Record 199904080088430 of the Recorder's Office, Franklin County, Ohio. American Consulting, Inc.. =''=aC~~~j'C~ OF"O~_'O'''• Charles ~ B ~~y ~ 3-3 a~ r y' ~ Unt~rr~~nar Charles P. Unterreiner, P.S. 7819 Date t 7~1 a . EXHIBIT ~ t9~c/s-r Q' • PROD. N0+ C0 20 0 4 013 3 . EXHIBIT B PARCEL 8-WD FILE N0+ 6 AMERICAN CONSULTING, INC. 2550 CORPORATE EXCHANGE DRIVE 0.007 ACRES DRAWN BY+ Fda COLUIIBUS~ OHIO 43231 RIGHT OF WAY Architects (614190!-2235 FAX+ (6141901-2236 Consultants DUBLIN, OHIO CHKD BY+ CPU Engineers SCALES I' = 40' • ' = IRON PIN FOUND 0 20 4o ao p =IRON PIN SET ® ti = RR SPIKE -FOUND SHELIA M. TURNER I.P. SET ARE q" I.D. RIVER FOREST RESIDENTIAL ~ IRON PIN 30" LONG WITH •LOT #7 CAP INSCRIBED AMERICAN 1N5T. #1999404080088430 CONSULTING, INC. P10 273-000456 ~ 1.734 AC. ~ ~ ~ ~ I ~ Q S l7° 22' 0/" E, 8.00' vt I I I 20 CH - S 27° 37' S9" W, CH L - 28.28' W W ~ R = 20.00', ARC L - 3/.42', T = 20.00' ~ P.O.B. i I I 3Q S 72° 37' S9" W, 8.00' ~ S 72° 2" I I ®N 27° 37' S9" E, 39.60' ti: 39.95' I LP.S. i N 17 Ili 0 ° „ I.P.S. ~ 53.04' - Ex. R/W LP.S? ~ I ~ RIVER FOREST RD. ~ I PB 28, PGS 46-47------3 I R.S.F~ I Ex. R/W i I I I 3I 10' x l0' TELE. ~ I I ~ I ~ ~y EASEMENT ~ a i DB 3763, PG 432 ?o ~ I mw I W I I ~ ~ o~ i ~ w ~ cam I I I 6 ~ DAVIDOBLOOM ~ ~ I I RIVER FOREST I - - - RESIDENT I AL LOT X87 BASIS OF BEARING+ INST. #200402120031509 ~ BEARINGS ARE BASED ON THE OHIO STATE PID 273-000538 PLANE COORDIANTE SYSTEM, SOUTH ZONE, ./.6/0 AC. -HAD B3 (86 ADJUSTMENT) • 1 HEREBY CERTIFY THAT ;,~•'"P.~~OFpy°«~, THE FOREGOING DRAWING REPRESENTS THE a=a''~~ f,,.•-••••••••-,. /O'•4 RESULTS OF AN ACTUAL FIELD SURVEY OF THE f. Ch~rles~`•. ~ PREMISES PERFORMED UNDER MY RESPONSIBLE SUPERVISION AND THAT THE SAID DRAWING IS Unte+rei~~ar , ~ ~ CORRECT TO THE BEST OF MY KNOWLEDGE ~'~q 7819 p,i AND BELIEF. s~ 1 S~ Yo4 . j~ r~~G=.~ - - - 3 3-0~ ''•..,,,,,,RVC CHARLES P. UNTERREINER P.S. N0. 78/9 DATE AMERICAN CONSULTING, INC. SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN AND BEING IN VIRGINIA MILITARY SURVEY NUMBER 2544 Exhibit "A" Parcel 8-T City of Dublin, Ohio From: Shelia M. Turner 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 1.734 acre pazcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instrument of Record 199904080088430 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 of Dublin-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° 25' Ol" East a distance of 53.04 feet to a point on the existing centerline of Right of Way of Dublin-Bellepoint Road; thence South 72° 34' 42" West a distance of 39.95 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 South 27° 37' S8" West a distance of 15.56 feet to a point; Thence North 17° 22' Ol" West a distance of 223.00 feet to a point set on the northerly line of said Turner property, also being the southerly property line of William M. Caserta as recorded in Instrument of Record 200407200167997; Thence North 72° 37' S9" East a distance of 11.00 feet to a point on the westerly Right of Way line of Dublin-Bellepoint Road; Thence South 17° 22' Ol" East a distance of 212.00 feet to the Principle Point of Beginning and enclosing an azea of 0.055 acres; Of the above described area 0.055 acres is contained within Franklin County Auditor's Parce1273-000456; All iron pins set aze'/e-inch inside diameter by 30 inches with a cap stamped "American Consulting, Inc." and will be set after construction is completed. T'he 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. Unten-einer, 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 Instrument of Record 199904080088430 of the Recorder's Office, Franklin County, Ohio. American~~C,,onsu~/lting, Ina ,~•°P.~E•OF~O°"~,~ By: C.~ ~ -3'~~ ~~y~~.Charl s1y'G•~- Charles P. Unterreiner, P.S. 7819 Date ; ' f ~ p . 1 Unt~rr~iner `90 78f3 Oi. EXHIBIT ~5k, s;cs;r~r``;' GfiNE`it)~ '°r CITY OF DUBLIN DUBLIN RD./RIVER FOREST RD. ~ PREPARED BY THE CITY OF DUBLIN, BIKEPATH TUNNEL DIVISION OF ENGINEERING ssoo shier-Icings Itoaa.D~blin, Ohio 4~o1~-lam S H E L I A M. T U R N E R Phone(614)410~d600 ~Faa(614)761-6s06 ~w t, s dif 4~ ~ ~ ~ s, ~ ~P r ~ ~ i • y i~ 310 I 9~. I 0.055 ACRES I •+++~r!+' ~ I 90.0 r TEMP. EASM. I _ 3zo.oo ~~y I ~ „~1 'f3 ~ f". I 71~ ~ _ t may: 6 o / ~ o i ~ o ~ ryr. ~ _ • * ~ ! 7 M ~ 14420 i ~ ~ 8 ~ 0.007 ACRES ~ ~ I, ~ P 3zo ~ ~ ~ ~ ~ ~ ~ ~ ~ - 4 -1~~~~~~~~ c n _ ~ ` rte` O k 200 ~ 200 ~ ~ .PROPOSED ~.r ~ : ~ ` ~ + w~ - BIKEPAT~ 'r( ~ I f .p t , f PROPOSE ~ m . #817 a~' ~ J~.F m i Y 77 ~I - ' r y ~ + DRAWN CHECKED DATE: JOB N0. JLR 05/11 /06 04008CIP