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Home My WebLink About68-06 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.260 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, A COMBINED 0.167 ACRES, MORE OR LESS, UTILITY EASEMENT, AND A COMBINED 0.137 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, DONATED BY WENDY'S INTERNATIONAL, INC., LOCATED ON THE WEST SIDE OF SHAMROCK BOULEVARD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to extend Shamrock Boulevard and realign Village Parkway to improve related traffic circulation; and WHEREAS, Wendy's International, Inc. is required by a previous zoning commitment to dedicate to the City of Dublin a fee simple interest, utility easements and temporary construction easements in and to the premises described in the attached Exhibits "A", "B", "C", "D" and "E" located in the City of Dublin, Franklin County, Ohio; WHEREAS, the City desires to receive as a land dedication from Wendy's International, Inc. a fee simple interest, general utility easement and temporary construction easement described in the attached Exhibits "A", "B", "C", "D" and "E" located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, this dedication will require Wendy's International, Inc. to execute a General Warranty Deed, Easement Agreement for Utilities and Grant of Temporary Construction Easement to the City of Dublin without consideration or compensation being paid to Wendy's International, Inc. 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 accept and receive a General Warranty Deed, Easement Agreement for Utilities and Grant of Temporary Construction Easement related to the land dedication from Wendy's International, Inc. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted bylaw. Passed this ~ day of ~6 (>Qyh~ -e!~ , 2006. 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. Ordinance No. 68-06 Passed 20 Dep~ Clerk of Council, Dublin, Ohio ~~SCHOTTENSTEIN ZOX& DU N NOO.,LPA MEMORANDUM TO: Dublin City Council Jane S. Brautigam Paul A. Hammersmith, PE, Director ofEngineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: October 11, 2006 RE: Shamrock Boulevard Extension - Wendy's International, Inc. Ordinance No. 68-06 PROJECT BACKGROUND: This project requires the appropriation of right-of--way, utility easements and temporary construction easements from seven (7) property owners (Columbus Southern Power Company, Continental Sawmill Limited Partnership, Core Village Commons, Lowe's Home Centers, Inc., Shamrock Crossings LLC, Charles W. Warner/Edward E. Belz, and Wendy's International, Inc.) for the extension of Shamrock Boulevard and the realignment of Village Parkway. The above property owners have been contacted and we are currently involved in discussions regarding the necessary appropriations. Due to the lengthy discussions conducted so far, in July 2005, the City received an extension on grant funding until July 31, 2007 for construction of this project. Council previously passed Ordinance No. 50-06 authorizing the purchase of a utility easement and temporary construction easement from Lowe's Home Centers, Inc. in reference to this project. Additional legislation will be needed in order to complete this project. One such piece tirmrwszD.com of legislation is in reference to the Wendy's International, Inc. parcel and is detailed below. Columbus pROPOSED LEGISLATION: Cleveland cina~nau For the City to undertake this construction project, the City needs to acquire a 0.260 acre, more or less, fee simple interest, a combined 0.167 acres, more or less, utility easement, and a combined 0.137 acres, more or less, temporary construction easement from Wendy's International, Inc. A drawing of the proposed right-of--way, utility easement and temporary construction easement is attached hereto for your reference. Based on a previous zoning commitment, Wendy's was required to dedicate the necessary right-of--way and easements at no cost to the City. In order to accept this donation, Legal Staff has prepared the attached Ordinance providing for the acceptance of the donation and will facilitate the execution of the right-of--way and easements to be recorded. {H0784510.2 } 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 ~~SCHOTTENSTEIN ZOX& DU N Nco.,~en RECOMMENDATION: Legal Staff recommends approval of Ordinance No. 68-06 for acceptance of the donated right- of-way and easements necessary for the extension of Shamrock Boulevard and realignment of Village Parkway from Wendy's International, Inc. www.SZD.com Columbus Cleveland Cincinnati (H0784510.2 } 250 West Street, Columbus, Ohio 43215-2538 ( P.O. Box 165020, Columbus, OH 43216-5020 ( Voice: 614-462-2700 ~ Fax: 614-462-5135 EXHIBIT PARCEL 1-WD DESCRIPTION of a 0.260 Acres Tract for Shamrock Boulevard Being a 0.260 acres parcel of land located in the City of Dublin, County of Franklin, State of Ohio, being a part of 35.087 acres of land in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands, conveyed to Wendy's IntemationaI. Inc., in six tracts, with references as follows: 1. AI! of an original 0.971 acre tract conveyed by deed of record in Deed Book 3517, Page 826; 2. All of an original 4.210 acre tract conveyed by deed of record in Deed Book 3440, Page 828; 3. AlI of a 5.270 acre tract conveyed by deed of record in Deed Book 3596, Page 274; 4. AlI of a 3.509 acre tract conveyed as Tract I by deed of record in Deed Book 3791, Page 229; 5. All of an original 20.828 acre tract conveyed as Tract II by deed of record in Deed Book 3791, Page 229, and; 6. Ail of an original 2.752 acre tract conveyed by deed of record in Deed Book 3716, Page 428, these and all further references being to the records of the Franklin County Recorder's Office, said 0.260 acres parcel for highway purposes being more particularly described as follows; BEGINNING at an iron pin called and found at the northwesterly corner of a 2.132 acres parcel of land conveyed to the City of Dublin as Parcel No. i3WV for West Dublin-Granville Road and Shamrock Boulevard right of way purposes by deed of record in Instrument 200002290040470, the TRUE POINT OF BEGINNING of Parcel Na. 1-WD being described herein; thence, North 02° 41' 14" East, with the westerly right of way line of said Shamrock $oulevard, a distance of 140.05 fee[ to an iron pin set; thence, South 87° 18' 46" East a distance of 19.47 feet to an iron pin set; thence, North 17° 47' 48" East a distance of 1.87 feet to an iron pin set at anon-tangential point of curvature; thence, 176.73 feet along anon-tangential curve to the right, whose radius is 480.00 feet, whose central angle is 21 ° OS' 46", and whose chord bears North 13° 27' 00" East a distance of 175.74 feet to an iron pin set in the grantor's easterly line and the westerly tine of S.OI2 acres conveyed #o A. Frederick Vogel, Trustee, and Cynthia Vogel Kenst, Trustee, of record in Instrument Numbers 200401290020606 and 200401290020608, said point also being in the westerly line of a f fty feet wide easement for vehicular, pedestrian and utility service, of record in Instrument 20040I290020609; thence, South 02° 35' 38" West, with the grantor's easterly line and the westerly line of the said Voge15.012 acres tract, a distance of 314.50 feet to a point in the northerly right of way line of the existing Shamrock Boulevard; thence, North 87° 18' 46" West, with the said northerly line, a distance of 53.28 feet to the TRUE POINT OF BEGINNING. The parcel as described above, contains 0.260 acres, more or less, subject to all legal highways and other easements of record. The bearings in the above description are based on NAD83 (1986) datum. CaiIs for iron pins set will be set upon completion of construction by an Ohio Registered Surveyor in compliance with the Ohio Revised Code. A drawing of this description is attac~otl~iQ'~~" ~'"~ r ~ti~" ,,~~.~~~Q.t~~.......p~i~ ROGER Pr. t S~11TH a Roe .Smith - ~ 8899 P. ., P.E. ~~.9F~lsTE~.~~'• Ohio Registered Surveyor 5-6899 ~~'•a SVRVE •~~'~ •~-- ~ • ` 524200511:44 AM ~ ~---- Page 1 of 2 a part thereof. EXHIBIT ~F h- DESCRIPTION OF A 0.260 ACRES PARCEL 1-WD, a part of the loads of WENDYS INTERNATIONAL, INC. located in QUARTERTOWNSHlP 3, T2N, R19W CITY OF DUBLIN COUNTY OF FRANKLIN, STATE OF OHIO WENDYS INTERNATIONAL, INC. I ~~ D.B. 3517, Pg. 826 O.B. 3440, Pg. 828 D.B. 3596, Pg. 274 `' Tracl I, D, B. 3791, Pg. 22g Trocl II, D.B. 3791, Pg. 229 D.B. 3716, Pg, 428 ~~ ~\3` 35.087 Ac. r o -z1•os'46" IPSO I R =480.00' I t - 176.73' L N17'47'4B"E ChBrg-Ni3'27'00"E / 1,87' C - 175.74' IPS ~~~ ~~~ ~~~ ~ IPS N17'47'48" ~ a 1.87' .+.' ~ y ~ m ~F IV tip 587'18'46"E ~~ w w o, 19.47' z m ~ r t'~ Q 4- a 3~ moo N02'a1'14"E IPS r 5 02'35'38" W w True Po1nt 14o.os' 31a,50' 3 0 ~ o ~o of Beginning ~ ` ~ m woo ,~ o ?± U N O p i ` N (V y- O O ~ _ ~ ~ u K I P. o+`~ N N jo~^ 000 N 87'18'46" d N CV ~ 53.28' t ~ w y f Q c ~ f ' ~ f~ e~ I GRAPHIC SCALE or (1N FEET) J 1 inch = 100 it. ~~•` OF ~~ '~. .•`~~'~P~• • •••••. i'o OGER Id. _ * ' SMITH ; ROG R I. SMITH 8899 ' P.S. , P. p ; ~' OHIO REGISTERED SURVEYOR -% ~' .;sT,..• .• ~} 1 5-6899 '•.,~`5'(/R VE~p~•••,' -- PROJECT DUBUN SHAMROCK AVENUE JOB N0. 14573147 SUBJECT WENDY'S INT'NL ROW PARCEL, 1-WD DATE 24 MAY OS ~~~ 8Y RMS CHECKED JAM PACE N0. 2 OF 2 ARCHITECTS .ENGINEERS . PLANNERS REVISED EXHIBIT PARCEL 1-PEl DESCRIPTION of a 0.123 Acres Permanent Easement $eing a 0.123 acres parcel of land located in the City of Dublin, County of Franklin, State of Ohio, being a part of 35.087 acres of land in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands, conveyed to Wendy's lntemational. Inc., in six tracts, with references as follows: 1. Alf of an origina10.971 acre tract conveyed by deed of record in Deed Book 3517, Page 826; 2. All of an original 4.210 acre tract conveyed by deed of record in Deed Book 3440, Page 828; 3. All of a 5.270 acre tract conveyed by deed of record in Deed Book 3596, Page 274; 4, All of a 3.509 acre tract conveyed as Tract I by deed of record uJ Deed Book 3791, Page 229; 5. All of an original 20.828 acre tract conveyed as Tract II by deed of record in Deed $ook 3791, Page 229, and; G. All of an original 2.752 acre tract conveyed by deed of record in Deed Book 3716, Page 428, these and al] further references being to the records of the Franklin County Recorder's Office, the said 0.]23 acres permanent easement being more particularly described as follows; BEGINNING at an iron pin called and found at the northwesterly corder of a 2.132 acres parcel of land conveyed to the City of Dublin as Parcel No. 13WV for West Dublin-Granville Road acid Shamrock Boulevard right of way purposes by deed of record in Instrument 200002290040470, the TRUE POINT OF BEGINNING of Parcel No. 1-PEl being described herein; thence, South 02°41'14" West, with the existing westerly right of way tine of said Shamrock Boulevard, a distance of 383.67 feet to a tangential point of curvature of the said Shamrock Dublin-Granville right of way line; thence, southwesterly 23.18 feet ou a tangential curve to the right, whose radius is 25.00 feet, whose central angle is 53°07'51", and whose chord bears South 29°15'10" West a distance of 22.36 feet to a point; thence, North 02°41'14" East, pazallel to and ten feet, measured perpendicular to the said westerly right of way line of said existing Shamrock Boulevard, a distance of 543.72 feet to a point; thence, South 87°18'46" East, crossing the grantor's lands, a distance of 10.00 feet to a point in the westerly right of way line of the proposed Shamrock boulevard to an iron pin set; thence, South 02°41'14" West, with the right of way extension of the proposed Shamrock Boulevard, a distance of 140.05 feet to the TRUE POINT OF BEGINNING. The permanent easement, Parcel 1-PEI, as described above, contains 0.123 acres, more or less, subject to al] legal highways and other easements of record. The bearings in the above description are based on NAD83 (1986) datum. Calls for iron pins set will be set upon completion of construction by an Ohio Registered Surveyor in compliance with the Ohio Revised Code. A drawing of this description is attached hereto and made a part thereof. Roger Smith P.S., P.E. Ohio Registered Surveyor S-6899 Ja]45731471CIVILISURVEYIDFSCRIP74cv Aescklom\WEt~lt•PEl,doe 4!I 12006 3:55 PM (REVGSED) Page 1 of 2 EXHIBIT DESCRIPTION OF A 0.123 ACRES PERMANENT EASEMENT PARCEL 1-PE1 across the lands of WENDYS INTERNATIONAL, INC. located in QUARTER TOWNSHIP 3, T2N, R 19W CITY OF DUBLIN COUNTY OF FRANKLIN, STATE OF OHIO sa~•1 s'4s"E 10.00' WENDYS INTERNATIONAL, INC. D.B. 3517, Pg. 826 D.B. 3440, Pg. 828 D.B. 3596, Pg. 274 Tract I, D.B. 3791, Pg. 229 Tract II, D.B. 3791, Pg. 229 D.B. 3716, Pg. 428 35.087 Ac. ~; GRAPHIC SCALE a ~ 60 0 30 60 v IP r~ .~. o~ o ~- ~ N ,- Q ~ B True Point of Beginning ~~ e- ~' N O t I ~ .~ (IN FEET ) a 1 inch = b0 tt NI N `° I 0 N N ~ ~ +aP~~,.•. _ •-:y~•,R=25.00' c ~a~:' ~'••~'~=23.18' -~ ' ppBfR 1~. ~ s 53'07'51" E~117H a 8 ~ Chrg S29'15'10"W 3 a~ 22.36' .~~~ a r w ~ ROGER .SMITH P.S.. R~y OHIO REGISTERED SURVEYOR s-sass i~ w 00 N e M PROJECT OUBUN SHAMROCK BOULEVARD JOB N0.14573f4' v SUBJECT WENDYS INT'L PERMANENT EASEMENT 1-PE1 REV DATE 12 APR O6 8Y RMS CHECKED JAM PAGE N0. 2 OF 2 g ~ 2 N(m s ~-- ~ O O 1- `lam O p NN ~ W O O Y rn N N J $} .~ U X _ 00 ~ '~ j O ° o O ~ Q N ~ EL ~ - ~ ~ \ Q ^ U C 1 ~ a: s ii n??Granville Rd. IeYly R/W Line _ R/W~ tIIRS ARCHITECTS ENGINEERS • PLANNERS EXHIBIT PARCEL 1-PE2 DESCRIPTION of a 0.044 Acres Permanent Easement ]3eing a 0.044 acres parcel of land located in the City of Dublin, County of Franklin, State of Ohio, being a part of 35.087 acres of land in Quarter Township 3, Township 2 North, Range 19 West, United States Military Lands, conveyed to Wendy's International. Inc., in six tracts, with references as follows: 1. All of an original 0.971 acre tract conveyed by deed of record in Deed Book 3517, Page 826; 2. All of an original 4.210 acre tract conveyed by deed of record in Deed Book 3440, Page 828; 3. All of a 5.270 acre tract conveyed by deed of record in Deed Book 3596, Page 274; 4. All of a 3.509 acre tract conveyed as Tract 1 by deed of record in Deed Book 3791, Page 229; S. All of an original 20.828 acre tract conveyed as Tract II by deed of record in Deed Book 3791, Page 229, and; 6. All of an origina12.752 acre tract conveyed by deed of record in Deed Book 3716, Page 428, these and all further references being to the records of the Franklin County Recorder's Office, the said 0.044 acres permanent easement being more particularly described as follows; BEGINNING FOR REFERENCE at an iron pin called and found at the northwesterly comer of a 2.132 acres parcel of land conveyed to the City of Dublin as Parcel No. 13WV for West Dublin-Granville Road and Shamrock Boulevard right of way purposes by deed of record in Instrument 200002290040470; thence, North 02° 41' 14" East, with the westerly right of way line of said Shamrock Boulevard, a distance of 140.OS feet to an iron pin set; thence, South 87° 18' 46" East, continuing with the said westerly right of way line, a distance of 9.95 feet to the TRUE POINT' OF BEGINNING of Parcel No. 1-PE2 being described herein; thence, 206.28 feet along a curve to the right, whose radius is 490.00 feet, whose central angle is 24° 07' 13", and whose chord North 14° 44' 49" East a distance of 204.76 feet to a point in the grantor's easterly Iine and the westerly line of 5.012 acres conveyed to A. Frederick Vogel, Trustee, and Cynthia Vogel Kenst, Trustee, of record in Instrument Numbers 200401290020606 and 200401290020608, also being in the westerly line of a ffty feet wide strip of land for vehicular, pedestrian, and utility service, of record in Instrument 200401290020609; thence, South 02° 35' 38" West, with the grantor's easterly line, the said Vogel westerly line, and the said easement westerly line, a distance of 25.79 feet to an iron pin set in the westerly right of way line of Shamrock Boulevard; thence, 17b.73 feet along anon-tangent curve to the left, whose radius is 480.00 feet, whose central angle is Z1° OS' 4b", and whose chord bears South 13° 27' 00" West a distance of 175.74 feet to an iron pin set in a westerly right of way comer; thence, South 17° 47' 48" West, continuing with the said westerly right of way Iine, a distance of 1.87 feet to an iron pin set in a westerly right of way comer; thence, North 87° 18' 46" West, continuing with the said westerly right of way line, a distance of 9.52 feet to the TRUE POINT OF BEGINNING. The permanent easement parcel, as described above, contains 0.044 acres, more or less, subject to all legal highway and other easements of record. The bearings in the above description are based on NAD83 (1986) datum. Calls for iron pins set will be set upon completion of construction by an Ohio Registered Surveyor in compliance with the Ohio Revised Code. A drawing of this description is attached he>;etjp~d made a part thereof. O OGER b1. ,t , • SMt7H - :.; Ro er .Smith 11899 - P. .E. .S: ~crsTEA:~P ~,•~ EXHIBIT Ohio Re istered Sttrve or 5-6899 ,,,`'•., UR ~O .~•~~ g y ••,auVE~,.a~•• J:1145)714TCIVILISURVEY~DESCRIPI~tev desekl°~a1WENl•PE2.doc 5242005 I I:46 AM Page I of 2 ~~~' ~.~' I~t~TBLIN W~1tiD~`'~ INTERNATIONAL, II~C. PREPARED BY THE CTI'Y OF DUBLIN, ,1~ 1L1 1 ~ J....)1 ! EN~~~EER~~ SHAMROCK BLVD. ssa4~s~~~ (6a~as~* •b~x {gtbaj~61~65t362~ D L BLIN, C) HIO _ ~_ 3.103 kc 1 __.. ~ _ r - ,' CO~U#,i8U5 POVy'EA: 0.034 Ac. -4728 Ac. PAf2CE: i '~ ~ 273-D08288 ~ ~ ~NG I NfENi~YS 3NTERNATiC'NA~, INC. D.B. 3517. PG. 826 D.B. ~ ~ ¢ 344U°, PG. 828 D.B. 359£, PC. ~ ~°n 274 TRACT I, D.B. 3x91, PG. O.Os4 Ac. ~ q J 229 TACT 1~, D.B. 3791, PG. ~ m v.-__L 229 D.B. 3718, PG. 428 1 ~ 35.787 AC. ~ ~ ~ ' ~''; ! CJ n v, ? I ~ ~~ ~~~ ~ ~~ ¢~~ i ~ c' Lzii 2 ~ q U ~r d~ ~ ~ -sv ~ ~ ~ pFr- O- ~ u~j ~ ~ ~j~pu7 ? Y tt~tt G7 Y v~ U F t 0.113 Ac. ` ` ~ Y ~ ~ ~i ? ' s ? I ~ i~pT TC 5,^A~. -~i~ ~~ SR tb1 ur SR 167 ~~ ~ FEE SiMPi~ INTEl~EST. {0.264 ACRES.} !~ = UTILITY EASEMENT. (fl.i7o4 AC T fl.123 AC ~ Q.167 ACRES.) TEMIa{?RARY C~JNSTRUCTIO-w EASEMENT. (0.1Q3 AC + G.C3~ A:: .r C.1?7 kCRES.;