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Home My WebLink AboutOrdinance 053-16RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 53 -16 Passed , 20 AN ORDINANCE TO APPROPRIATE A 0.180 -ACRE, MORE OR LESS, PERMANENT EASEMENT FROVI VVESTPOI14TE METRO LAKES SPE, LLC, LOCATED AT 485 METRO PLACE SOUTH, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A PUBLIC SHARED -USE PATH AND RELATED IMPROVEMENTS. WHEREAS, the City of Dublin (the "City'? 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 connecting to Smiley Park (the " "Project's; and WHEREAS, the Project requires that the City obtain a permanent easement from Westpointe Metro Lakes SPE, LLC as described in the attached Exhibit A and depicted in the attached Exhibit B, said property interest located in the City of Dublin, County of Franklin, State of Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, `° of the elected members concurring, that: Section 1. Council considers it necessary and declares its authorization to appropriate, for the appraised value of $10,800, for the public purpose of constructing a public shared -use path and related public improvements, a 0.180 -acre permanent easement, as described in the attached Exhibit A and depicted in the attached Exhibit B. Section 2. The City Law Director's office is hereby authorized to file a petition for appropriation in the county Court of Common Pleas should it become necessary. Section 3, This 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 4. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Pa sed this day, of Neo "(cam 2016. iyiayor — ATTEST: sid[rA Officer Clerk of Council Office of the Cloty Manager 1200 Emerald Parkway * Dublin, OH 43017-1090 I*t-x,r of Dubl in Phone.- 614-410-4400,o Fax: 614-410-4490 Cit V*IJ To: Members of Dublin City Council Fromm, Dana L. McDaniel, City Mana f Date: November 17, 2016 In*ltl*ated By: Paul A. Hammersmith, PE, Director of Engineering/City Enginee Kenneth B. Richardson, PE, PS, Senior Civil Engineer Philip K. Hartmann, Assistant Law Director I The City of Dublin (the "City") 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 connecting to Smiley Park (the "Project). The City is obtaining easements from various landowners to construct the Project. This Project requires that the City acquire a permanent easement from Westpointe Metro Lakes SPE, LLC (the "Grantor") from the property located at 485 Metro Place South, identified as Franklin County Parcel Number 273-004290. City staff has been in discussions with the Grantor and hopes to reach an amicable agreement for the acquisition of the easement, however, this Ordinance authorizes the City Law Director"s Office to file a complaint for appropriation in the event that negotiations are unsuccessful. The appropriation consists of a 0.180-acre, more or less, permanent easement. The appraised fair market value of the permanent easement was determined to be $10,800. Staff recommends approval of Ordinance 53-16 at the second reading/public hearing on December 5, as approval of the Ordinance will keep the project moving forward. Permanent Easement for Shared -Use Path, Utilities, Storm Drainage and Grading Iof Dublin OHIO, USA Westpointe Metro Lakes SPE, LLC 485 Metro Place South Dublin, OH 43017 PID: 273 - 004290 0 75 150 300 Feet Parcel 5P 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, and being a part of a 7.034 acre tract conveyed to Westpointe Metro Lakes SPE, LLC by Instrument #201105160062536, all records herein are from the Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning at a 5/8" diameter pin located on the southwest corner of said 7.034 acre tract; Thence, North 08 °18'14" East, a distance of 10.00 feet along the west line of 7.037 acre tract to a point; Thence crossing said 7.034 acre tract the following two courses: 1. Thence, South 81'42'32" East, a distance of 499.09 feet to a point; 2. Thence, North 87 °55'02" East, a distance of 284.61 feet to the east line of said 7.037 acre tract; Thence, South 06 °02'42" East, a distance of 10.02 feet along the east line and to the south line of said 7.037 acre tract; Thence along the south line of said 7.037 acre tract the following two courses: 1. Thence, South 87 °55'02" West, a distance of 286.21 feet to a point; 2. Thence, North 81 °42'32" West, a distance of 500.00 feet to the Point of Beginning containing 0.180 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 - 004290 -00 and is based on Instrument #201105160062536. 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 ? C , Charles A. Wagner - Professional Surveyor 8091 Date = w O O '•.' S�OOI .4�ONAL 0 60 r060 1' =60' CITY OF DUBLIN COUNTY OF FRANKLIN STATE OF OHIO .x.WW__1 WES NM METNO LAKES SK. = INSTRUMENT /1011051800825]8 7.034 k ACNE 4 Z23- 0042900 r tl i `r /4 f; f: :. 208V2'42'E 10.02' r P. f CITY OF DUBLIN MID INSTRUMENT Y/00 31002 0M 1.868 AC1B:5 273-010858 -00 CW Design Group E.o.EE..i eo..E.P.. PHONE: 614 - 846-8278 972 UnkfiBm Or" Worthington, Ohio 43065 CW DEMON DRWP. L PARCEL 5P PERMENANT EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE AND GRADING 15 -0021 e �. F. POINT OF Mar IEGINNING /. e BASIS OF BEARINGS THE BEVONGS mm ON THIS KAT ARE BASED ON �,1��s,Op� "" O'''ya 1HE 8110 STAM PE DOmDINATE BYSIEM, SgIIH 1.1 y/O y ZOK NAD83 C1011x `41 G1411.E8 •'. 20. HIUR BY CERDFY THIB PUT WAS BASED DELD WRWY CONDUCTED BY DW DESIGN GROUP, LLD UNDER MY * : A. % -0 : Q NB'IB'1L'E �' 10.00' OUIDANCE IN MAY 2018 AND TO THE BERT OF MY NN091EDCE DEPK;15 THE BOUNDARY UNES y WAOBI B' 0 88j Y B T B 9 Q p% '�,_ ONAL _..0 CHM S A WAGNER, PS-B091 DATE CW Design Group E.o.EE..i eo..E.P.. PHONE: 614 - 846-8278 972 UnkfiBm Or" Worthington, Ohio 43065 CW DEMON DRWP. L PARCEL 5P PERMENANT EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE AND GRADING 15 -0021 e