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Home My WebLink AboutResolution 031-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 31 -17 Passed .20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.0229 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM RALPH E. SMUCKER, LOCATED AT 7500 PLAIN CITY 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 S.R. 161 and Cosgray Road (the Troject'7; and WHEREAS, the Project requires that the City obtain a temporary construction easement from Ralph E. Smucker, as described in the attached Exhibit A and depicted in the attached Exhibit B. 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 roadway improvements to be open to the public without charge, a 0.0229 -acre temporary construction easement, as described in the attached Exhibit A and depicted in the attached Exhibit B. Section 2. The pity 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 take effect upon adoption in accordance with 4.04(a) of the Dublin Revised Charter. Pas ��fiis��, day of , 2017. Matior — Presid ST: Clerk of Council J C A-- o 1 b it ,Q f4li 71 F�, Office of the City Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 Phone: 614-410-4400 a Fax: 614-410-4490 Members of the Dublin City Coun *1 t L. McDaniel,, City Mana Initiated By: Paul A. Hammersmith, Director of Engineering Michael S. Sweder', PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director Resolution 31-17 Re,: Resolutions of Intent to Appropriate - Resolutions 29-17 through 36-17 S.R. 161/Post Road and Cosgray Road Intersection Improvement Project Two of the acquisitions will be total takes because the acquisitions will impact virtually the entint parcel — the Weingarten parcel and the Pinney 7495, LLC parcel. The City is hopeful that an amicable resolution may be 'reached with the property owners; however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. F The property acquisition consists of the following property interests from each of the above-named property owners, as depicted in the maps attached hereto: I There is no resolution for Jerome I Associates, LTD. because the City and the Union County Engineer's Office have preliminary agreement with this property owner for the donation of the necessary property interests. The Project requires two fee simple rights-of-way and two temporary construction easements from Jerome I Associates., LTD. i Memo re. Resolutions 29-17 through 36-17 Resolutions of Intent to Appropriate — S.R. 161/Post and Cosgray Intersection Improvement April 20, 2017 Property Owner Parcel. Property Interests 'Auditor Par I ce I I ID (0.,5877 acre of which No... Number Robeft E. 1-T Temporary Easement 271-000026-00 Williams, 11 (0.0230 acre re is Rikooj Kevin G* 2o,,T Temporary Easement 271-000011-00 Bennington M rk a (0 0299. ac re agds }fit e._.±� is PROM) A. Bryant Larry 0. Clarke. and 3-T Temporary Easement 271 -000014-00 Marc A. Palme . 0232 acre, I(Q successor Clo Trustees, of the 6 WD1 FeeSimple. R/W 274-0000010-00, (0.1270 -acre of which 0.038.1 Duroc Trust acrd is P,1R.0.2) 6-WD2 Fee Simple R/W (0..9139 acre of which 0.4 8_15 acre *1sP.RA0*) i 6-Ul Utility E asemant (046520 acre 2w* 6 Temporary :tasement Ralph E. Smucker 4-T Temporary Easement 271-000020-00 (0.0229 acre Jeffry, 7 WDI Fee Simple R/W 272 000328-00 Weingarten, (0.,5877 acre of which 3e ffIq We in den 0.2694acre s PiR.0 T*OoD* Virginia. im e _W 7-WD2 Fee$ pf !:R/ Aco sU T�O D (0* 1264 acre of which GN0738, re is Rikooj 71"WD3 F e,,R W ee, bimpl�. acre of which 000009 agds }fit e._.±� is PROM) Jeffrey T. 9-T Temporary Easement 272-000301-00 Beckman (0.0034 acre ±) 12-WD Fee Simple R/W 1272-000151-00 (0.3304 acre ± of which 0.1858 acre ± is P.R.O.) Temporary Easement (0.0132 acre ±) 2 P.R.O. stands for Present Road Occupied,. which means that this portion of the acquisition is already encumbered with Memo re. Resolutions 29-17 through 36-17 Resolutions of Intent to Appropriate — S.R. 161/Post and Cod ray Intersection Improvement April 20, 2017 Page 3 of 3 Staff recommends approval of Resolution Nos. 29-17 through 36-17 at the April 24 meeting as approval of the Resolutions will keep the Project moving forward. 6761 6750 6747 7450 Jerome TWP 7455 7495 7608 B 0 7453 D � 7423 r s7so^ 7soo - _ � 7630 ,. tryashingt 7672 "1 6700 t r� 76e0 7665 } J A7688 trs IL AIL 7ses ',l'Y 4.a �e.1M LEGEND Proposed Right -of -Way Proposed Permanent Easement Proposed Temporary Easement - 1 -Williams 2 - Duroc Trust 3 - Duroc Trust 4 - Smucker 5 - Jerome I 6 - Duroc Trust - 7 - Weingarten (Total take) - 8 - Kretzer 9 & 12 - Beckman 10 - Geitgey - 11 -Pinney 7495 (Total take) - 13 - Cunningham 16- 020 -CIP City of Dublin SR 161 / Cosgray Road Roundabout 0 125 250 500 OHIO, USA Property Acquisition Map Feet Ver. Date: 02/13/2017 EXHIBIT A PARCEL 4 -T S.R. 161 / COSGRAY RD. ROUNDABOUT DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADING EASEMENT Page 1 of I Situated in the State of Ohio, County of Franklin, Washington Township, V.M.S. No. 6748, being part of a tract in the name of Ralph E. Smucker (hereinafter known as the "Grantor') by Instrument Number 200406290150741 of Franklin County records. Commencing, for reference, at a 5/8 inch rebar (found) where the Franklin/Union County line intersects the westerly line of V.M.S. No. 6748 and the centerline of Fulk Road; thence, leaving said V.M.S. line, along the Franklin/Union County line, South 87 degrees 49 minutes 49 seconds East, a distance of 935,32 feet to a point on the grantor's westerly line and the easterly line of a tract in the name of Kevin G. Bennington, Mark A. Bryant, Larry D. Clarke, and Marc A. Palmer, Successor Co- Trustees of the Duroc Trust, as recorded in Instrument Number 201511060158372 of Franklin County records and Instrument Number 201511160161900 of Franklin County records; thence, leaving said county line, along said property line, South 04 degrees 36 minutes 06 seconds East, a distance of 80.68 feet to the Point of Beginning of the easement herein described; Thence, clockwise along the following four (4) courses; 1. Thence, leaving said property line, across the grantor's tract, North 72 degrees 55 minutes 51 seconds East, a distance of 198.86 feet to a point on the westerly line of a tract in the name of Jerome I Associates, Ltd., an Ohio Limited Liability Company, as recorded in Instrument Number 201508070109463 of Franklin County records; 2. Thence, along said property line, South 13 degrees 08 minutes 34 seconds East, a distance of 5.01 feet to a 5/8 inch rebar (found) at the grantors southeasterly corner, said comer being in the westerly line of said Jerome I Associates, Ltd., tract, said comer also being on the northerly existing right of way line of State Route 161; 3. Thence, along said existing right of way line, South 72 degrees 55 minutes 51 seconds West, a distance of 199.62 feet to a 5/8 inch rebar (found) at the grantor's southwesterly comer, said comer being on the easterly line of said Dome Trust tract; 4. Thence, leaving said existing right of way line, along said property line, North 04 degrees 36 minutes 06 seconds West, a distance of 5.12 feet to the Point of Beginning, containing 0.0229 acres, of which the present road occupies 0.0000 acres, and is contained within Franklin County Auditors Permanent Parcel No. 271 - 000020 -00. The bearings for this description are based on the bearing between Franklin County Engineer's Monument "FRANK72" and Franklin County Geodetic Survey Monument "WE130" being North 84 degrees 36 minutes 52 seconds West, as measured with GPS methods using Grid North, of the Ohio State Plane Coordinate System, South Zone (2011). This description was prepared and reviewed under the supervision of Steven L. Mullaney, Professional Surveyor No. 7900 from a survey conducted for the City of Dublin, Ohio in July, 2016. Mullaney, F.S. tal Surveyor No. 7900 OF fib STEVEN O L. MULLANEY �. 7900 a)* � RVE SCw /OQi -I&Ak LEGEND: 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 4 -T GPD GROUP® SR 161 /COSGRAY RD. ROUNDABOUT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT OI.P.F. 518' REBAR (FOUND) OP.F. 314' PIPE (FOUND) FULK RD. Nim Q m P e <oco a vil v� r n �5 87'49'49' E Lp.F.I 935.32' I O 3 KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 271-000014-00 P•O.6 INST. 2 0 15110 6 0 /5 8 3 72 & INST. 207511160161900 / STATE OF OHIO 50 0 25 50 FRANKLIN COUNTY WASHINGTON TOWNSHIP I INCH = 50 FT. V.M.S. 6748 O 5 JEROME I ASSOCIATES, LTD., AN OHIO LIMITED LIABILITY COMPANY 15 -00- 31018.0040 INST. 201505130003598 (UNION COUNTY RECORDS) I.P.F. O RALPH E. SMUCKER 75- 00 -31- 016.0000 O.R. 552, PG. 184 (UNION COUNTY RECORDS) 0.0229 ACRES jY- 0 UNION COUNT FRANKLIN COUN S 13 °08'34' E— RALPH E. SMUCKER 5.01' jM 271- 000020 -00 INST. 200406290150741 N 04 °36'06' W 5.12' N 72 °9 AN ONRO O ES 45E ,51. ASSOIA W7' `COMPANY LI 27 Ep00 8p 0llo -' i /S 12 °55,51, W h 0 JEFFREY T. BECKMAN 272 - 000151 -00 INST. 200611060222669 O JEROME I ASSOCIATES, LTD., AN OHIO LIMITED LIABILITY COMPANY 15 -00- 37018.0040 INST. 201505730003598 (UNION COUNTY RECORDS) 4V S 72 °55'51' W 199.62' - R/W S.R. 16.1 1 v E% SH / p.F. 11 PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271-000018-00 INST. 201704200052126 O G L m y °z�T � c�oNnnm m�Oym Nmcmm� I o"nZ� ao Op2 N OO TE PERTINENT DOCUMENTS USED: INST. 201511060158372, INST. 201511160161900, INST. 200406290150741, INST. 200611060222669, OF O INST. 201704200052126, INST. 200908250124342 BASIS OF BEARINGS: STEVEN O L. BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT FRANK72" MULLANEY AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT 7900 O 'WE130'BEING N 84 °36'52" W, AS MEASURED WITH CPS ' T METHODS USING GRID NORTH, OF THE OHIO STATE \^�13TE��i �R tO�. PLANE COORDINATE SYSTEM, SOUTH ZONE (2011). TE