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Home My WebLink AboutResolution 019-17RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Resolution No. 19-17 Passed A RESOLUTION OF INTENT TO APPROPRIATE 0.009 -ACRE, MORE OR LESS, OF FEE SIMPLE RIGHT -OF -WAY; AND A 0.005 -ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM THE INDIAN RUVA UNYTED METHODIST CHURCH OF DUBLIN, LOCATED AT THE INTERSECTION OF AVERY ROAD AND BRAND ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS. WHEREAS, the City of Dublin (the "City's is preparing to construct a roundabout at the intersection of Avery Road and Brand Road (the "Project"); and WHEREAS, the Project requires that the City obtain right -of -way and a temporary construction easement from the Indian Run United Methodist Church of Dublin 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 RESOLVED 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 intention to appropriate, for the public purpose of constructing a roundabout, a 0.000 -acre fee simple right -of- way and a 0.005 -acre temporary construction easement, as described in the attached Exhibit A and depicted in the attached Exhibit B. Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owner(s) and person(s) in possession or having an interest of record in the property described in the attached Exhibit A and depicted in the attached Exhibit B, and this notice shall be served according to law. Section 3. This Resolution shall e effect upon adoption in accordance with 4.04(a) of the Dublin Revised Cha r. Paled this day//o a f �<� I 2017. ,j4,AriMr TTEST: Clerk of Council Form 6301 Cliffice of the Cfty Manager V 5200 Emerald Parkway # Dublin, OH 43017-1090 istyof Dublin Phone: 614-410-4400 ie Fax,: 614-410-4490 Cit 14 To: Members of Dublin City Council From: Dana L. McDaniel, City Mawr94;0�� Date: April 6. 2017 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 The City of Dublin (the '"*City') is preparing to construct a roundabout at the intersection of Avery Road and Brand Road (the "Project"). The City will be obtaining property interests from various landowners to construct the Project. This Project requires that the City acquire fee simple right-of-way and a temporary construction easement from the Indian Run United Methodist Church of Dublin (the "Grantor-') from '" .€ el Number 273-010855. City staff has been in discussion with the Grantor and hopes to reach an amicable agreement for the acquisition of the right-of-way and temporary easement; however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. The acquisition consists of 0.009-acre of fee simple right-of-way and a 0.005-acre temporary easement. The Law Department recommends approval of Resolution 19-17 as approval of the Resolution will keep the Project moving forward. Parcel 1 - Indian Run United Methodist Church of Dublin Iof Dublin OHIO, USA 15- 011 -CIP Aver Road / Brand Road Roundabout 4 -3 -17 0 50 100 zoo Feet Parcel 1 WD Exhibit A Right -of -Way Dedication 0.009 Acres Situated in the State of Ohio, County of Franklin, City of Dublin, and part of Virginia Military Survey 2544, and being part of Reserve F of Hawk's Nest Section 2 Phase 3 as recorded in Plat Book 94, page 19 as conveyed to INDIAN RUN UNITED METHODIST CHURCH OF DUBLIN, INC. (hereafter referred to as Grantors) as described in I.N. 200201100010663 and being more particularly described as follows: COMMENCING at Franklin County Geodetic Survey Monument Box Number 6647 at the centerline intersection of Brand Road and old Avery Road, also being the northeasterly corner of a 0.226 acre tract conveyed to the Franklin County Commissioners by deed of record in Official Record 015264 -J14; THENCE on the centerline of old Avery Road, the easterly line of the said 0.226 acre tract, and the easterly line of a 6.900 acre tract conveyed to Indian Run United Methodist Church of Dublin, Inc., an Ohio Corporation Not For Profit as described in Official Record 3691 -E01, South 160 08' 06" East for a distance of 107.55 feet to the Northwest corner of the grantor's lands; THENCE through the dedicated right -of -way of old Avery Road and on the northerly line of the Grantors lands and through Reserve F as conveyed to the City of Dublin, Ohio, a municipal corporation as described in IN 200004270082025, North 73° 51'54" East for a distance of 81.94 feet to a 5/8" Iron Pin Set at the TRUE POINT OF BEGINNING; THENCE continuing on the northerly line of the Grantors lands and through the City of Dublin lands, North 731 51154" East for a distance of 15.06 feet to a 5/8" iron pin found at the Northeast corner of the Grantor's lands; THENCE on the easterly line of the Grantors lands and through the City of Dublin lands, South 34° 50'26" East for a distance of 42.23 feet to a 5/8" iron pin found at the Southeast corner of the Grantor's lands; THENCE on the southerly line of the Grantors lands and through the City of Dublin lands, South 731 51'54" West for a distance of 5.00 feet to a 5/8" Iron Pin Set; THENCE through the Grantor's lands, North 461 40' 33" West for a distance of 46.44 feet BACK TO THE TRUE POINT OF BEGINNING. The above- described parcel contains 0.009 acres lying within Franklin County Auditor's Parcel Number 273 - 010855. The basis of bearing in the above described parcel are based on Grid North, as obtained by RTK/GPS observations taken from Franklin County Engineer Monuments: Station FCGS 6647 and FCGS 6648, with a bearing of South 82 degrees 28 minutes 55 seconds East, tied to Ohio State Plane South Datum NAD83(2011)(EPOCH 2010.0000) (Project Adjustment Factor (1/X): 1.000018100) This Description was prepared by Burgess & Niple, under the direct supervision of William C. LeRoy, P.S., Ohio License No. 7664 and is based on field surveys, centerline and boundary monument locations performed and certified by Barr Engineering, Inc., delivered in May, 2016. aOO (E OF p " " Burgess and Niple, Inc. WILLIAM , C vv v *` LEROY 'lA 7664 CASTS William C. LeRoy, P.S. Date nrS70NAL. ", Ohio Reg. No. 7664 Page 1 of 2 The location of all existing survey monuments and determination of centerlines, rights -of -way, and boundary lines as referenced herein were located in the field and boundaries resolved between April, 2016 and May, 2016 by Barr Engineering, Inc. under the direct supervision of Amy Bernicken, Ohio Registered Surveyor No. 8571. %0%%to Barr Engineering, Inc. ° AMY °� L o.. ,• ®o Amy Bernicken, P.S. Date ` + #' s « ®, e; >•��Q~ Ohio Reg. No. 8571 Page 2 of 2 The basis of bearing shown on this plat ore based on Grid North, as obtained by RTK /GPS PARCEL 1 �� observations token from Franklin County Engineer Monuments: Station FCGS 6647 and FCGS 6648, with a RIGHT -OF -WAY DEDICATION bearing of South 82 degrees 28 minutes 55 seconds East, tied to Ohio State Plane South Datum NA083(2011) STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN (EPOCH 2010.0000) (Project Adjustment Factor (1/x)" 1.000018100) VMS N0, 2544 FCGS 6647 5 NM �1 NMS FRANKLIN COUNTY COM \ OR 9 J14 "" _ \ 055/30//30/ MISSIONERS 1990 P.O.C. —Ex R/W AS 3`p09 e Ex R/W V O m x A INDIAN RUN UNITED METHODIST CHURCH OF DUBLIN, INC., AN OHIO CORPORATION NOT FOR PROFIT 273- 000390 OR 3691, PG E01 \`\`\`\\\\`\uapuuwnWpggryii 6305 BRAND RD y�PIF- OFOy,. 6J 0 WILLIAM C. *: LEROY ' *_ .� 7664 4 o 0 \ yL A O \ o < L s N N W � t naiuumoNpO\� \ u I hereby certify that this Plot is a true delineation Of a survey mode by Burgess & Niple, Inc. for City of Dublin beginning in October 2007, and completed in March 2016 by me or under my direct supervision. Burgess and Niple, nc. I✓o V. 8 0016 WTiam C. Leroy, Dote e Registered Professional Surveyor No. 7664 1 S 258 55 E FCGS 6648 BRAND ROAD R/W DEDICATED IN PB 94 PG 19 Ex R /W— TOTAL AREA = 0.009 ACRES WE 10, C x U AS LINE EASE. T Ex R /W- C=q G O AS OF OR 3114 GOA 13 INC u� x N 73° z T.P.O.B. 1.P.F 15.06' f J` 2° \ N 9p_ �u'.x'S.� \ ` 1 O �N,tEo \\NpIAN Rj CHURCH OF MEZH 0D0`I O,Og56 ,. \.N. 2� 20 \1000 \0663 1 \ RESERVE F CITY OF DUBLIN 273- 010285 I.N. 20004270082025 6205 BRAND RD 51' 54" O+ -R 4 HAWK'S NEST SECTION 2 PHASE 3 PB 94 PG 19 5 51' 54" W 00' % 5.00' / P.O.C. T.P.O.B P.R.O. r I.P.F. o M.N.F. EXHIBIT B See Legal Description for Basis of Bearing is. 30' Scale: 1 = 30 LEGEND Point Of Commencement True Point Of Beginning Prior Roadway Occupied Iron Pin Found Pipe Found Mag -Nail Found . M.N.S. Mag -Nail Set 01.PS. Iron Pin Set Parcel IT Exhibit A Temporary Easement for Road Improvements, Utilities, Storm Drainage, and Grading 0.005 Acres Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey 2544 and being part of lands conveyed to INDIAN RUN UNITED METHODIST CHURCH OF DUBLIN, INC. (hereafter referred to as Grantors) as described in I.N. 200201100010663 and being more particularly described as follows: COMMENCING at Franklin County Geodetic Survey Monument Box Number 6647 at the centerline intersection of Brand Road and old Avery Road, also being the northeasterly corner of a 0.226 acre tract conveyed to the Franklin County Commissioners by deed of record in Official Record 015264414; THENCE on the centerline of old Avery Road, the easterly line of the said 0.226 acre tract, and the easterly line of a 6.900 acre tract conveyed to Indian Run United Methodist Church of Dublin, Inc., an Ohio Corporation Not For Profit as described in Official Record 3691 -E01, South 16108' 06" East for a distance of 107.55 feet to the Northwest corner of the grantor's lands; THENCE through the dedicated right -of -way of old Avery Road and the northerly line of the Grantors lands, North 73151'54" East for a distance of 76.14 feet to the TRUE POINT OF BEGINNING of the herein described easement; THENCE continuing on the northerly line of the Grantors lands, North 73° 51'54" East for a distance of 5.80 feet; THENCE on the easterly line of the Grantors lands, South 46° 40' 33" East for a distance of 46.44 feet; THENCE on the southerly line of the Grantors lands, South 73151'54" West for a distance of 5.80 feet; THENCE through the Grantor's lands, North 46° 40' 33" West for a distance of 46.44 feet BACK TO THE TRUE POINT OF BEGINNING. The above - described parcel contains 0.005 acres lying within Franklin County Auditor's Parcel Number 273 - 010855. The basis of bearing in the above described parcel are based on Grid North, as obtained by RTK/GPS observations taken from Franklin County Engineer Monuments: Station FCGS 6647 and FCGS 6648, with a bearing of South 82 degrees 28 minutes 55 seconds East, tied to Ohio State Plane South Datum NAD83(2011)(EPOCH 2010.0000) (Project Adjustment Factor (1/X): 1.000018100) This Description was prepared by Burgess & Niple, under the direct supervision of William C. LeRoy, P.S., Ohio License No. 7664 and is based on field surveys, centerline and boundary monument locations performed and certified by Barr Engineering, Inc., delivered in May, 2016. a`E °Oi Oii Burgess and Niple, Inc. °o WILLIAM A/ Q _..9 LEROY o 'W�4 • /`�O� 7664 S TEP�, William C. LeRoy, P.S. Date ;; Ohio Reg. No. 7664 The location of all existing survey monuments and determination of centerlines, rights -of -way, and boundary lines as referenced herein were located in the field and boundaries resolved between April, 2016 and May, 2016 by Barr Engineering, Inc. under the direct supervision of Amy Bernicken, Ohio Registered Surveyor No. 8571. Barr Engineering, Inc. •'• A%1Y MXKE �.•�'£GrSIERX�•'��,�. °� Ohio Reg.1No. 8571 Date s�' �� NA a S`,,�� The basis of bearing shown on this plat are based on Grid North, as obtained by RTK /GPS observations taken from Franklin County Engineer Monuments: Station FCGS 6647 and FCGS 6645, with a bearing of South 82 degrees 28 minutes 55 seconds East, tied to Ohio State Plane South Datum NAD83(2011) (EPOCH 2010.0000) (Project Adjustment Factor (1 /X): 1.000018100) FRANKLIN COUNTY COMMISSIONERS OR 15264, PC UI4 05/30/1990 _Ex R /W--�; _ VMS j`009 '--Ex R/W x A 4 INDIAN RUN UNITED METHODIST CHURCH OF DUBLIN, INC., AN OHIO CORPORATION NOT FOR PROFIT 273- 000390 OR 3691, PC E01 6305 BRAND RD PARCEL 1 T TEMPORARY EASEMENT FOR ROAD IMPROVEMENTS, UTILITIES, STORM DRAINAGE, AND GRADING VMS "VM J.C. e) 0 0 \ yL A 0 a I I hereby certify that this Plat is a true delineation of a survey made by Burgess & Niple, Inc. for City of Dublin beginning in October 2007, and completed in March 2016 by me or under my direct supervision. Burgess and Niple, Inc. William C. Leroy, Date Registered Professional Surveyor No. 7664 �I BRAND ROAD R/W DEDICATED IN PB 94 PC 19 Ex R /W� ► TOTAL AREA = 0.005 ACRES Ex U 10' CAS LINE EASE. ro Ex R /W� COLUMBIA GA =OHIO, INC - X OR 31147 PG A Ex U c m 9 f t \ T.P.O.B. `r \ 96 A 90. ` 5q. E N 1�° 5T, 5 °g0, va, O. 33 Tn 1 ' TNOIAN HUkC OOf 913' 41Ve 9s 99 X JSJ X05- 1 fe55 v- s \ 213'010 ppO \0663 / 2002 S 13° C - W 1-T x S 73° 51' 54' W I W RESERVE F 5.80' So �p1 D \ CITY OF DUBLIN OEO q PO t9 273 - 010285 / P5 9 6205 BRAND RD EXHIBIT B See Legal Description for Basis of Bearing 0 15' 30' Scale: 1 = 30 LEGEND P.o.c. Point Of Commencement T.P.o.e True Point Of Beginning P.R.O. Prior Roadway Occupied 01.P.r. Iron Pin Found pP.F. Pipe Found o M.N.F. Mag -Nail Found .M.N.S. Mag -Nail Set 0I.P.S. Iron Pin Set