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HomeMy WebLinkAbout81-05 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, lnc. _ Form No. 30043 Ordinance No. WHEREAS, the City of Dublin owns a 25-foot wide strip of land east of 252, 278, 316, 338 and 363 Monsarrat Drive and west of 207 Marion Street, 191 and 194 Longview Drive, and 187 and 192 Grandview Drive; and 81-OS Passed 20 AN ORDINANCE DECLARING CERTAIN CITY-OWNED PROPERTY AS SURPLUS AND TRANSFERRING SAID PROPERTY TO ADJACENT PROPERTY OWNERS WHEREAS, the City has determined it does not have a current or future use for the land; and WHEREAS, City staff have worked with adjacent property owners to determine the best disposition of the land; and WHEREAS, adjacent property owners are in agreement with the transfer of the City-owned property as described herein. 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-owned property as described herein and in Exhibits A and B are determined to be surplus property. Section 2. The 25-foot section ofCity-owned property located between 338 Monsarrat Drive and 192 Grandview will be transferred to Carol Hiser, 192 Grandview Drive; the 25-foot section of City-owned property located between 252 Monsarrat Drive and 207 Marion Street will be transferred to Terry and Brenda Artrip, 207 Marion Street; the 25-foot section of City-owned property located between 278 Monsarrat Drive and 194 Longview Drive will be transferred to Kenneth and Joanna Weiss, 194 Longview Drive; the 12.5-foot section of City-owned property located between 316 Monsarrat Drive and 191 Longview Drive will be transferred to Howard and Mary Peck, 191 Longview Drive; and the 25-foot section ofCity-owned property located between 363 Monsarrat and 187 Grandview Drive will be transferred to Willard and Mildred Nicol. Section 3. Legal staff is hereby directed to prepare deeds and transfer the City-owned property to the adjacent property owners as described herein. Section 4. That this Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this ~~^ day of vL 200 Mayor -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 Department of Public Service 6555 Shier Rings Road • Dublin, OH 43016-8716 Phone: 614-410-4750 • Fax: 614-923-5529 CIT]' OF DUBLIN 11~Temo TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manager "r~ DATE: December 7, 2005 INITIATED BY: Frank Ciarochi, Deputy City Manager/Director of Public Service RE: City Owned Property along Monsarrat Drive, Ordinance 81- OS Background Council will recall that in April staff advised it had received a request from a resident of Monsarrat Ilrive that the City remove stumps on City-owned property left after AEP trimmed trees from around its lines. Until this request was received staff was unaware the City owned a 25' foot strip between the following properties: 252 Monsarrat Drive 207 Marion Street 278 Monsarrat Drive 194 Longview Drive 316 Monsarrat Drive 191. Longview Drive 338 Monsarrat Drive 192 Grandview Drive 363 Monsarrat Ihive 187 Grandview Drive Upon confirming the City did own the strip of property staff met with AEP, which agreed to clean up the wood left behind as part of its operations. Staff then contracted to have the tall stumps with embedded wire fencing "flush cut" and the fencing removed. This work was done in June. Concurl•ent with the clean up and stump cutting/fence removal staff continued to research the ownership of the Land, surrounding properties, easements, and potential City use of the City's land. Staff determined the City had no need or potential use for the property and met with residents on July l 3`h to discuss ongoing maintenance and disposition of the property. The options for disposition of the property included: 1. Continue "as is." The City would continue to own the property but leave it in a "natural state" (i.e. little maintenance would be performed). 2. Transfer half of the property to each adjacent property owner. This would involve transferring 12.5 feet to each adjacent owner. However, there would be some problems with this solution as encroaching features of some of the adjacent properties could end up being owned by their neighbors. The most prevalent of these situations was a driveway at 194 Longview. There is also an easement along the west property lines of the properties to the west of the City-owned property. Therefore, if'h of the City-owned property was transferred to each of the adjacent owners the properties on the west side (i.e. Monsarrat addresses} would have an easement that would no longer be along the property line but rather through their property. 3. Transfer all 25' of the City-owned property to one of each of the adjacent property owners. The existing geography is such that it gives the appearance the City-owned property is a part of the properties to the east. However, this solution would require agreement between each of the adjacent property owners. At the July 13t'' meeting the residents requested time to consider the proposals for disposition of the property. The residents indicated they would like to meet with staff again on August 24`h at which time they would provide their decisions. Prior to the August 24`h meeting staff received letters from David & Julie Grow (338 Monsarrat) and Carol Hiser (192 Grandview) requesting all of the City-owned property adjacent to their properties be transferred to Ms. Hiser. Staff also received verbal requests from Carolyn Nash (252 Monsarrat) and Brenda Artrip (207 Marion Street) that all of the City-owned property adjacent to their properties be transferred to Mr. & Mrs. Artrip. Additionally, staff received a request that some of the stumps that had been "flush cut" be ground. However, staff was unclear as to the number of stumps residents wanted ground. At the meeting on the 24`" the residents indicated they wanted only the stumps that "stood out" and were not a part of the undergrowth or "natural" appearance of the area ground. Staff agreed to have these stumps ground and that work was performed the week of September 19th At the meeting on August 24th, Mr. & Mrs. Mullenix {278 Monsarrat) and Mr. & Mrs. Weiss (194 Longview) indicated they wanted all of the City-owned property adjacent to their properties transferred to Mr. & Mrs. Weiss. Mr. Peck { 191 Longview) indicated he wanted 12.5 feet (1/2 of the City-owned property} adjacent to his property transferred to him. Mr. & Mrs. Mitchell {316 Monsarrat which is to the west of the City-owned property and Mr. Peck's property) were unable to attend the meeting so staff contacted them to determine their preference for disposition of the property. The Mitchells indicated they would not like the remaining 12.5 feet transferred to them, so staff contacted Mr. Peck to inquire if he would like the fu1125' transferred to him. In a phone call on October 26t'', Mr. Peck declined having the full 25' transferred to him. This will leave the City with ownership of a small strip of land between Mr. Peck and the. Mitchells. Fred Hahn indicated the City would plant or "do something" on the 12.5' strip still owned by the City so that it would be virtually maintenance free. Mr. Carlton (363 Monsarrat} was unable to attend either the July 13th or August 24'h meeting so staff contacted him to relay the information provided at the meetings and determine his preference for disposition of the City-owned property. Certified letters were sent to Mr. Carlton on August 30`h, September 12~' and September 27 . Mr. & Mrs. Nicol (187 Grandview) indicated at the August 24th meeting they would like to have the full 25 feet of City-owned property adjacent to their property transferred to them. All of the letters sent to Mr. Carlton informed him of the Nicols' desire to have the property transferred to them. Mr. Carlton did not respond to any of the letters. The September 27`'' letter requested Mr. Carlton respond by October 7th. Since Mr. Carlton did not respond by October 7'h staff concluded he was not interested in having any of the property transferred to him. Exhibit A (attached) reflects the strip of land currently owned by the City. Exhibit B reflects the transfer of the property as agreed to by the adjacent property owners (described above). Staff has researched the development text and found no clauses that would prohibit such transfer of the property. Legal staff has also reviewed the attached legislation and determined the City can transfer the City-owned property as described. Should the City decide to maintain ownership of this property it is likely several encroachments would need to be addressed. Additionally, maintenance standards for the property would need to be established and budgeted. Please address any questions to Frank Ciarochi at 410-4751. Recommendation Staff recommends Council declare the City-owned property surplus by passing Ord. 81-OS and direct legal staff to proceed with preparing deeds to transfer the property as described. Staff would also like to acknowledge the contributions of the residents in reaching these agreements. JB/FAC/tb .~tiliC~1111entS C: Terry & Brenda Artrip Richard & Patricia Carlton David & Julie Grow Carol Hiser William & Beverly Jensen Gregory & Natalie Mitchell Carolyn Nash Willard & Mildred Nicol Howard & Mary Peck Kenneth & Joanna Weiss Fred Hahn, Director of Parks and Open Spaces T:\wordy.Frmk\Mem.~\CounciM4onsamat PropeAy.dce C CITY OF DUBLIN PREPARED BY TII~ CITY OF DIIBIaI, DIVISION OF ENGINEERING 5800 Shier-Rings Road • Dublin. Ohio 43018-1288 Phone (814)410-4800 • }1az (814)781-8508 (~ ~ ~ I 1 ~ O~~ry ~ '' ~ 1 ` i~ 1 ~ 1 ! ~ ~~ 1 0~ ~ N 1 tY i ~ ' oI w i c~ ~ `~-- J W -~--, Q r-----rtT---, cn ~ o a +~ ~ a ~ I 3 ~ r 1 f ~__. ~ ___ _ _ i E E i ~~ 14 ~ ~~ ~ ~. ~o 7F ~~ ~~ ~ ~ ~O f ~ CURRENT CONDITIONS EXHIBIT "A" MONSARRAT DRIVE AREA DUBLIN, OHIO - - ----- - - - - ---- -------- __ MARION STREET 1 ~~ ~ ~h ~O~ N ~O~ O RIDGEVIEW ADDITI PB 24 PG 55 so.~a• _. ~i~.~~ ,`~ ~ ,~O ~O~ ~ ~~~ LONGViEWi ADDITION PB 23 ~ PG ~~ ~~ rk ~~~ O~~ ~~ ~O --- LONG~EW DRIVE -------------- .. 120.00' ~---- - - ~ ~_~_. '~ O ~ '~~ o ~~ '~~ ~ m ~° ~ ~o ~° ~o~ GOULD ADDITION N0. 1 ~~.~. PB 27 PG 36 I ~.~ ;, o ~ ~ ~ ~~ ~~ ~ GOULD ADDITION N0. 2 ~ ~~~, PD L7 PG 73 GRANDVIEW DRIVE _...~ ---__._ __e. _.~ 118.54 _.__.__. _ ._-- R ~ti O~ v DRAWN CHECKED DATE: JOB NO. JLR FC 10/26/05 ~~ ~~ j ~O~ =INDICATES AREA UWNED BY THE CITY OF DUBLIN. CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN, DIVISION OF ENGINEERING 5800 Shier-Rings Road • Dublin, Ohio 43016-1236 Phone (614)410-4600 • Fax (614)761-6506 DRAWN CHECKED JLR I FC PROPOSED CONDITIONS EXHIBIT "B" MONSARRAT DRIVE AREA DUBLIN, OHIO ~~~/- - ~ _ MQRI~?N STREET i ~ ^- _--_-- / _.=- r ~ 1f 5.44• ~ _--- -- ;--- __- --_ ~ ~ ~ ~ ~ ~ , ~ ~~ ~ i ~~ ~~ ~O ~~ ti ~ ~ ~ i IZ ~ ~ RIDGEVIEW AODITIO ~~ PB 24 PG 55 -- ~~~ --------- - 115.73' ~ - ,~ I w i _. _ ~ _ __ 139.44' ~ ~ ~ ~ ., ~ o ~ o ~ ~ ~ o++~ a w ~ ! ~ LQNGVIEV~J' ADDITION ~. ~' ~-1 ~ a ! P8 23 PG 1 Q ~ •-. ~ __ J W 1 _ - n 138.44' -- _ ~ Q r-- > --'tom- v_- LONGVIEW DRIVE - -. _ ------------ ____ _______ ~ o a- ------ ------- O~ r ONT ~ T-" 132.50• _ - __ _._ ... __. _ .. _. _._ ,_ ~I I Wm ~ ~ ~ f ~~~ o~ ~ ~ o~ ~ o~ ~~ j ~o W ~c~rD ~ b i ~/ ~/ ~0 I ~ ~ ~ ; ~ ~ GOULD ADDITION NO. 1 { I ~ ~__ ~ ~_W~ j - 133.#' PB 27 PG 36 , w i 40.3T j I i ' ~ ~ N , 1 '~ 4 ~ ~~ ~ ~ I g o~ ~'` ~ ~,` o' ~ ~ ~ ~ ~ ~ ~ O ~ ~ \ ~ ~ GOUI_D E1E~DITION N0. 2 ~ - ~' ~.__~__.! PB 27 PG 73 148.oD' _ ---~-~ __`_ GRANDVIEW_DRIVE _____ _ ___ _7"~ -- -- i#3.54. - -- W 4 ! y ~y y i) ~ W ~ ~~ p ~O I ~~ O ^ ~ n inl ____ ~ _151.i2' DATE: JOB NO. 10/26/05 ~O~ 0~ ~~~ O =INDICATES AREA ^WNED BY THE CITY OE DUBLIN.