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HomeMy WebLinkAboutResolution 035-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 35 -17 Passed 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.2919 -ACRE FEE SIMPLE RIGHT -OF -WAY FROM PINNEY 7495, LLC, LOCATED AT 7495 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 "Project'7, and WHEREAS, the Project requires that the City obtain a fee simple right -of -way from Pinney 7495, LLC, as described in the attached Exhibit A and depicted in the attached Exhibit B. NO Aly THEREFORE, BE IT RESOLVED by the CouV ncil 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 0.2919 -acre fee simple right -of -way, 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 take effect upon adoption in accordance with 4.04(x) of the Dublin Revised Charter. Clerk of Council 2017. 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 35-17 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 EXHIBIT A Ver. Date: 02/13/2017 Page 1 of I PARCEL 11 -WD S.R. 161 / COSGRAY RD. ROUNDABOUT ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS Grantor /Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression "Grantor /Owner" includes the plural, and words in the masculine include the feminine or neuter). 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 Pinney 7495, LLC, An Ohio Limited Liability Company (hereinafter known as the "Grantor") by Instrument Number 201104200052126 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 said county line, South 87 degrees 49 minutes 49 seconds East, a distance of 1310.09 feet to a p.k_ nail (set) at the northeasterly comer 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, said corner being in the northerly line of a tract in the name of Jeffry Weingarten, Jeffry Weingarten T.O.D., Virginia M. Acosta T.O.D., as recorded in Original Record 12627, Page JIO and Instrument Number 200908250124342; thence leaving said county line, along the northerly line of said Weingarten tract and the southerly line of said Jerome I associates, LTD., tract, South 75 degrees 3 minutes 38 seconds West, a distance of 176.19, to a p.k. nail (set), at the northwesterly comer of said Weingarten tract, and the Point of Beginning of the parcel herein described; thence, clockwise along the following four (4) courses; 1. Thence, leaving the southerly line of said Jerome I Associates, LTD., tract, along the westerly line of said Weingarten tract, South 08 degrees 41 minutes 37 seconds East, a distance of 116.63 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ", passing a 3/4 inch pipe (found) at a distance of 43.31 feet; 2. Thence, leaving said westerly line, across the grantor's tract, South 77 degrees 12 minutes 10 seconds West, a distance of 114.78 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ", on the easterly line of a tract in the name of Jeffery T. Beckman, as recorded in Instrument Number 20061 1060222669 of Franklin County records; 3. Thence, along easterly line of said Beckman tract, North 05 degrees 11 minutes 07 seconds West, a distance of 113.28 feet to a p.k. nail (set), at the northeasterly corner of said Beckman tract, said comer being in the southerly line of said Jerome I Associates, LTD., tract, passing a 3/4 inch pipe (found) a distance of 61.3 t feet; 4. Thence, along the southerly line of said Jerome I Associates, LTD., tract, North 75 degrees 03 minutes 38 seconds East, a distance of 108.19 feet to the Point of Beginning; containing 0.2919 acres, of which the present road occupies 0.1238 acres, and is contained within Franklin County Auditor's parcel No. 271- 000018 -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 ?Q I Q o. \Oq ^x SQL_: Q- 2q�aAc Oor—v 7) c000t illanet, P.S. Surveyor No. 7900 Co ME, S '� �- NVE, °> DEAN C. RU40LE P.E. P.S. i ' 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 11 -WD GPD GROUP SR 161 /COSGRAY RD. ROUNDABOUT r— ¢ FULK RD. is m m POC. UNION COUNTY LP.F. FRANKLIN COUNT?? --1, ml `OI 4O V'I RALPH E. SMUCKER �I 271 - 000020 -00 II INST. 200406290150741 STATE OF OHIO 3' 75 °0 38" o ° FRANKLIN COUNTY LEGEND: WASHINGTON TOWNSHIP P.O.B. POINT OF BEGINNING V.M.S. NO. 6748 P.O.C. POINT OF COMMENCEMENT 10 1238 ACRE - P.n.s. P.K. NAIL (SET) � OP.F. 314' PIPE (FOUND) N Gt.P.s. 518' x 30' REBAR (SET) LIMITED LIABILITY COMPANY W/C'AP STAMPED GPD" 271 - 000018 -00 0 I.P.F. 518' REBAR (FOUND) 40 0 20 40 7 INCH = 40 FT. JEROM�D o A91L OO 463 RA O AN OHIO L1 2712000 pg0j0109 17 INST, tr 0 3' 75 °0 38" o ° N 61 E 72 °6 P.K.S. 0 .L'N 0.2919 Q m 1- 71 -WD ACRES 1W 7 / 10 1238 ACRE w N / � � o .fx SA PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271 - 000018 -00 _ INST. 201104200052126 /2 cZn m ~ N � oNm oo� rno-� -o• m m n m Z m ll PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271-000319-00 INST. 201104200052126 OFQ\ S I VEN ��O yf PAULLANEY L� �' \ i�VG�O -�' R/W S.R. 161 / 0.0200 ACRES FISH / W 0 JEFFRY WEINGARTEN, JEFFRY WEINGARTEN T.O.D., VIRGINIA M. ACOSTA T.O.D. 272 - 000328 -00 O.R. 12627, PG. J10 9 INST. 200908250124342 * 0.1238 ACRES P.R.O. +0.1681 ACRES ADDITIONAL R/W - 0.2919 TOTAL ACRES PERTINENT DOCUMI -NTS USED: INST 200406290150741, INST 201508070109463 INST 201104200052126, INST 200908250124342 INST 200871060222669 BASIS OF BEARINGS: BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT'FRANK72' AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT 'WE130'BEING N 84 036'52' W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (2017). L. MULLANEY, P.S. 7900 ( ) DA TE 1 t'