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Home My WebLink AboutOrdinance 038-16RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 38-16 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.224 ACRE, MORE OR LESS, PERMANENT EASEMENT, AND A 0.111 ACRE, MORE OR LESS, TEMPORARY EASEMENT, FROM 535 METRO PLACE SOUTH, LLC, FOR THE PROPERTY LOCATED AT 535 S. METRO PLACE FOR THE PUBLIC PURPOSE OF CONSTRUCTING A SHARED -USE PATH AND RELATED IMPROVE Vul ENTS. WHEREAS, the City of Dublin (the "City's is preparing to construct the Smiley Park shared -use path project, which will include the construction of a shared -use path and related public improvements through Smiley Park (the "Project'7; and WHEREAS, the Project requires that the City obtain certain easements from Franklin County Parcel No. 273 - 001701 owned by 535 Metro Place South, LLC (the "Grantor "), said easements more fully described in the attached Exhibit "A" and depicted in the attached Exhibit "R;" and WHEREAS, the City and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary easements for the sum of $56,950.00; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transaction between the City and the Grantor. �10W, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, �7 of the elected members concurring, that: Section 1, The City Manager is hereby authorized to execute all necessary conveyance documents to acquire a 0.224 acre, more or less, permanent easement, and a 0.111 acre, more or less, temporary easement for twelve (12) months, commencing on the date construction begins, from 535 Metro Place South, LLC, for the sum of $56,950.00, said easements located within Franklin County Parcel No. 273- 001701, and more fully described and depicted in the attached Exhibits "A" and "B. " Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Pa �d this � "h day of V�C_''.��'G�� , 2016. Mayor — PWsidin J'Officer ATTEST: Clerk of Council Office of the City Manager M 52gq Emerald Parkway � qublin, CH 43817 -1g9q .1III Phone; 614 - 410 -4400 * Fax: 614.410-449q To. Members of Dublin City Council ' From; Dana L, McDaniel, City Mana�el Dates October 6, 2016 Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Kenneth B. Richardson, PE, PS, Senior Civil Engineer Philip K. Hartmann, Assistant Law Director Re. Qrdinance 38-16 - AUTHQRIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.224 ACRE, MORE OR LESS, PERMANENT EASEMENT, AND A 0.111 ACRE, MORE OR LESS, TEMPORARY EASEMENT, FROM 535 METRO PLACE SOUTH, LLC, FOR THE PROPERTY LOCATED AT 535 S. METRO PLACE FOR THE PUBLIC PURPOSE OF CONSTRUCTING A SHARED-USE PATH AND RELATED IMPROVEMENTS. BACKGROUND The City of Dublin (the ty') is preparing to construct the Smiley Park shared -use path project, which will include the construction of a shared -use path and related public improvements through Smiley Park (the "Project'. The City is obtaining easements from various landowners to construct the Project. 535 Metro Place South, LLC (the "Grantor's owns property from which the City needs a permanent easement and a temporary easement. The property is located at S35 S. Metro Place, which is just west of Frantz Road, After engaging in amicable discussions, the parties have come to mutually agreeable terms for the acquisition of the easements far $56,950.00, which is approximately 10 °/0 over the appraised vaiue ACQUISITION The City will be acquiring from the Grantor only the easements necessary far purposes of the Project, as depicted in the legal descriptlans and depiction attached to this memorandum. The acquisition includes a 0.224 acre permanent easement and a 0.111 acre temporary easement. RECOMMENDATION Ordinance 38 -16 would authorize the Ciry Manager to execute ail necessary conveyance documents to formally acquire the necessary easements described above. Staff recommends that Council approve Ordinance 38 -16 at the second reading�pubflc hearing on October 24, 2016 2016, Parcel 1T Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading Situated in the State of Ohio, County of Franklin, City of Dublin, being a part of Lot 8 of the Amended Subdivision of Part of Lot 4 and Addition to Metrocenter as delineated in Plat Book 57, Page 36 conveyed to 535 Metro Place South LLC by Instrument #201505280069493, all records herein are from the Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads 7911 PS" at the southeast corner of said Lot 8; Thence, North 08 °1814" East, a distance of 10.00 feet along the east line of said Lot 8; Thence, North 81 °42'32" West, a distance of 226.00 feet crossing Lot 8 to the True Point of Beginning; Thence, crossing said Lot 8 the following two courses: 1. Thence, North 81'42'32" West, a distance of 10.00 feet to a point; 2. Thence, North 08 °1814" East, a distance of 483.70 feet to the south Right of Way of Metro Place South (60 foot) as delineated on the Metrocenter Subdivision in Plat Book 55, Page 8; Thence, along the south Right of Way of said Metro Place South, with a curve to the right, a radius of 1120.00 feet, an arc length of 10.13 feet, a chord bearing of North 89 °00'13" East, and a chord distance of 10.13 feet to a point; Thence, South 08 °18'14" West, a distance of 485.34 feet crossing said Lot 8 to the True Point of Beginning containing 0.111 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (2011). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described tract is a part of Auditor's Tax Parcel Number 273 - 001701 -00 and is based on Instrument #201505280069493. I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in May 2016 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC 0 F ..........�y�o 08/09/2016 A Charles A. Wagner - Professional Surveyor 8091 Date = w O .4�0NAL - NAFTRO PLACE SOUTH �(_ -- - -- - - - - -- BME PATH EASEMENT NSTRUMENT(201001120004P]4 :) UTUTY EAB MDNT M W. PDB 6-9 RADIUB-1120.00 ARC IENGIH. 0.131 DELTM000' 08" CHORD N g013E CORD DISTAM 0. Id14..I S' COLUMBUS AND SOUTHERN OHIO ELECTRIC COMPANY ` INSTRUMENT #19100613001 10' AMEPoIECI EASEMENT NSIRUMEM /IBB8W18008221J I I 1'I ll 10 CUDYBUB AND SUl1HEHIM IN.'. UEENTIII95mI]W "7 d ° F:.I m PROPOSED PQNANQIT EASEMQIT s �4 ��;� 535 METRO PLACE SOUTH LLC o INSTRUMENT /201505280069493 k'. LOT 8 273- 001701 -00 = �,�I PROPOSED 1EIAPOIARY EASEMENT - 0.111 AGES AMENDED SUBDIVISION OF PART OF LOT 4 AND AO CITY TO DUBLIN ENTER 15 CITY OF DUBLIN CW OF FRANKLIN STATE OF OHIO I'r IV POINT OF POINT OF I•'.'I Y SEVER EA MDRT REFERENCE /1960081.024952 COLUMBUS AND SWTERN I0JwMMT'C CUAPANY SINUYENT �IBBWB1300 N8l'42'32'W 226.00' N81Y2'3YW IMODH — —� — — — — — 10' CCUJMBJS AND SWiHERN ASHLAND INC. 2VIRIC COMPANY OHIO EM INSRUYENT NT3, 1804 PG /BB PG 7 AOR1070183890 4 A09E5 n3- NZ2e4 -m 01 BASIS OF BEARINGS THE BEARINGS SHOYN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSIEM, SOUTH ZONE, NADW (2011). HEREBY CERTIFY THIS PLAT WAS BASED DEHD SURVEY CONDUCTED BY CW DESGN GROUP, LLC UNDER MY GUIDANCE IN MAY 2x8 MO TO THE BEST OF MY 4149 D6E DEPICR THE BOUNDARY UNES. �Y 7+n✓ OB/09/2018 CHARLES A. WAGNE4 PS-150111 DAIS CW DESIGN GROUP. LLC CW Design Group E.o.EE..i eo..E.P.. PHONE: 614 - 846-9279 972 UnN6Bm DAME Worthington, Ohio 43065 EXHIBIT 0 60 30 ;I II 10' TIME WARNER C MUNICATUM EASEMENT INSTRUMENT i19B8D4010081100 10' WIG fll l TS HONE GO. EASEMENT INSTRUMENT i19B7p5p900B89B3 I I �I dl s I s� I n 0.20'01410 BELL TELEPHONE COMPANY EASEMENT INSTRUMENT /IBB70FAB008BBB3 10 O00 BELL 1EIFPHOE INSINUTAMTA�wWl050B00B8BB] — 140811TWE 10.00' — — — — — 10' COLUMBIA GAS EASEMENT DB 3117. PG 188 COWYBUS 4 LLC INSIXUYENT 801110250138118 10.800 A 0 OF 1% 273 0019 B -00 b�B P< ,........ oy�o;- .' V , 9 i. WADI .0 D ip - ZONAL PARCEL 1T TEMPORARY EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE AND GRADING 15 -0021 e Parcel 1 P Exhibit A Permanent Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading Situated in the State of Ohio, County of Franklin, City of Dublin, being a part of Lot 8 of the Amended Subdivision of Part of Lot 4 and Addition to Metrocenter as delineated in Plat Book 57, Page 36 conveyed to 535 Metro Place South LLC by Instrument #201505280069493, all records herein are from the Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning an iron pin with a cap that reads 7911 PS" at the southeast corner of said Lot 8; Thence, North 81 °42'32" West, a distance of 251.00 feet to a 5/8" diameter iron pin bent at the southwest corner of said Lot 8; Thence, North 08 °18'14" East, a distance of 491.07 feet along the west line of said Lot 8 to the south Right of Way of Metro Place South (60 foot) as delineated on the Metrocenter Subdivision in Plat Book 55, Page 8; Thence, along the south Right of Way of said Metro Place South, with a curve to the right, a radius of 1120.00 feet, an arc length of 15.23 feet; a chord bearing of North 88 °21'18" East, and a chord distance of 15.23 feet to a point; Thence crossing said Lot 8 the following two courses: 1. Thence, South 08 °1814" West, a distance of 483.70 feet to a point; 2. Thence, South 81 °42'32" East, a distance of 236.00 feet to a point on the east line of said Lot 8; Thence, South 08 °18'14" West, a distance of 10.00 feet along the east line to the Point of Beginning containing 0.224 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (2011). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described tract is a part of Auditor's Tax Parcel Number 273 - 001701 -00 and is based on Instrument #201505280069493. I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in May 2016 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC o F,,,, E 08/09/2016 Charles A. Wagner - Professional Surveyor 8091 Date = w O O '•.' 8-BOOI .4�ONAL METRO PLACE SOUTH EXHIBIT B g/yl ___ - - - - - - - - --_------- — wsTNimpo Pu � N 11zoa0asl4 0 60 :'.I UTILITY FA4MENT Po W. PGS 5-9 .'I CIUS-1120A0 30 A ARC LINOI11-15.2r MOD 'I•:.� MOOD oIENEN�N15.23' E 1 yI s' COLUMBUS AND SOUTHERN r OHIO IMEC1NIC COMPANY I 'Ii INSTRUMENT i1919006130023447 " 10' THE WARNER CGIMUNICATW EASEMENT 10' AMERIMCH EASEMENT INSTRUMENT i19B901010081100 . _., NSIRUMEM /19B5W15008221J ! 1C 0110 BE111E1EPIIWE CQ FASENENT , INSTRUMENT i19B7D50900B59B3 10 CGDMWs AND sOUTHNWN I- 11=10 UE EN T1 �19M051J0023447 �fi I: IR 0 METRO PLACE SOUTH LLC ;I ,7 INSTRUMENT #201505280069493 0 273- 001701-00 PROPOSED PERMANENT EASEMENT - 0.224 ACRES �E AMENDED SUBDIVISION OF PART OF LOT 4 ..I,' AND ADDITION TO METROCENTER . ..I CITY OF DUBLIN COUNTY O FRANKLIN STATE OF OHIO I dl..j d I POINT OF ux2V0HIO BELL T HONE BEGINNING COMPANY EASEMENT 'J 20' SANITARY SEMER 84)02 NT INSTRUMENT /1987050BOOB5BBJ .'I :.� INSTRUMENT 919500NW ENT 5' COLUMBUS AND SWTERN O WIG 13131 E EPHO E 1 8110 E LTD IC CGAPANY COMPANY EASEMENT INSTNUMENT #1950051250047447 INSRiUMENT #198]050BOOB9B9J - - - - - .•'77.C'C:- ':- ':::.I:1' ' :— r:....... PINNEY ROAD (30F_,P,RIVATE —ME-+A a n— — 10 COLUMBUS AND SOITIEFN ASHLAM) INO OHIO ELECT IC COMPANY INSTRUMENT (200B110T0153s90 VW 1804 PG 09 4057 ACHES V) 01z2Rh00 BASIS OF BEARINGS THE BEARINGS SHOYN ON THIS PLAT APE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SWTH ZWE, NADW (2011). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DIMM MOUP, LLC UNDER MY WIDANCE IN MAY 2015 AND TO THE 1ST OF MY 1049 DOE DMM THE BOUNDARY UNIM. �Y 7+n✓ OB/OB/2015 MARLE5 A. WAMM PS -BOBI DATE CW D GN GROUP. LLC CW Design Group E.o.EE..i eo..E.P.. PHONE: 614 - 846-9279 972 UnN6Bm Dd" Worthington, Ohio 43065 10' COLUIBA GAS EASEMENT DB 3117. PG 198 COWYBUs 4 LLD INSTRUMENT Rm11D25GJ811B 10.800 ACHES 1j1,1NNYYIOIF,,.,, 2725 0019JB -OB �4�B ......... oy%o;- .' V :S: 9 :, WADI ' 0 ip - -ZONAL PARCEL 1 P PERMENANT EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE AND GRADING 15 -0021 e Permanent Easement for Shared -Use Path, Utilities, Storm Drainage and Grading Iof Dublin OHIO, USA 535 Metro Place South LLC 535 Metro Place South Dublin, OH 43017 PID: 273 - 001701 0 50 100 200 Feet