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HomeMy WebLinkAboutResolution 054-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 54 -17 Passed ,20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.0230 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM ROBERT E. WILLIAMS, II, LOCATED AT 7608 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'; and WHEREAS, the Project requires that the City obtain a temporary construction easement from Robert E. Williams, II, 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 0.0230 -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 owners) 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 Resolutio shall take effect upon adoption in accordance with 4.04(a of the Dublin Revis'f Charter. P ss d this f ay of , 2017. F ; ayor — P(`esiding Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway •Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 410 -4400 •Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Mana�o4 Q-70 Initiated By: Paul A. Hammersmith, Director of Engineering Michael S. Sweder, PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director Date: July 27, 2017 Re: S.R. 161 & Cosgray Road Intersection Improvement Project Resolutions of Intent to Appropriate - Nos. 52 -17 through 57 -17 BACKG ROU N D Resolution 54 -17 Memo The City of Dublin ( "City "), the Franklin County Engineer's Office, and the Union County Engineer's Office (collectively, the "Project Partners') are working together to construct a roundabout at the intersection of S.R. 161 /Post Road and Cosgray Road (the "Project "). The Project Partners entered into a cooperative construction agreement on June 28, 2016 for the intersection improvements. In accordance with the agreement, the City will be the main point of contact regarding the property acquisition necessary for the Project, but Union County is responsible for costs of purchasing or acquiring those property interests from the various property owners. The City, at the request of the Ohio Department of Transportation, engaged O.R. Colan Associates ("O.R. Colan') as the acquisition consultant for the Project. In this role, O.R. Colan has been the main point of contact with the property owners, and will be working with the property owners to reach amicable resolution. O.R. Colan is also working with the tenant on two of the properties that will need to be relocated. The Project requires the acquisition of property interest from the following property owners: • Robert E. Williams, II • Kevin G. Bennington, Mark A. Bryant, Larry D. Clarke and Marc A. Palmer, Successor Co- Trustees of the Duroc Trust (3 properties) • Ralph E. Smucker • Jerome I Associates, LTD., an Ohio Limited Liability Company' • Jeffry Weingarten, Jeffrey Weingarten T.O.D., Virginia M. Acosta T.O.D. • Jeffrey T. Beckman (2 properties) • The Geitgey Company, an Ohio corporation • Pinney 7495, LLC, an Ohio limited liability company • Brian Cunningham and Corin Cunningham Two of the acquisitions are being sought as total takes since the acquisitions will impact virtually the entire parcel — the Weingarten parcel and the Pinney 7495, LLC parcel. ' There is no resolution for Jerome I Associates, LTD. because the City has a preliminary agreement with this property owner for the donation of the necessary property interests. Memo re. Res. 52-17 through 57-17 July 27, 2017 Page 2 of 3 The City is hopeful that an amicable resolution may be reached with the property owners; however, these Resolutions begin the eminent domain process in the event that negotiations are unsuccessful, To date, the City has agreed to terms with two of the property owners — Brian & Corin Cunningham and Pinney 7495, LLC. Those acquisitions are addressed in separate legislation and correspondence memorandum, The property acquisition consists of the following property interests from each of the above-named property owners (minus the Cunningham and Pinney 7495 LLC parcels), as depicted in the maps 0 attached hereto A 2 P.R.O. stands for Present Road Occupied, which means that this portion of the acquisition is already encumbered with a roadway easement. Memo re. Res. 52-17 through 57-17 July 27, 2017 Page 3 of 3 Staff recommends approval of Resolution Nos. 52-17 through 57-17 at the July 31 meeting as *ect m * P,pproval of the Resolutions will keep the Proj oving 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 EXI JBIT A Ver_ Date= 02/13/2017 Page 1 of I PARCEL 1 -T S.R. 161 / COSGRAY RD. ROUNDABOUT DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADING EASEMENT 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 Robert E. Williams, II (hereinafter known as the "Grantor ") by Instrument Number 2006071 1 01 34578 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 359.65 feet to the northwesterly comer of the grantor's tract and the southwesterly comer of a tract in the name of Robert E. Williams, II, as recorded in Official Record 65, Page 517 of Union County records, said comer being on an 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 201`i11160161900 of Franklin County records; thence, leaving said county line, along the grantors westerly line and said easterly line, South 05 degrees 36 minutes 31 seconds East, a distance of 279.03 feet to a point on the northerly existing right of way line of State Route 161 and the Point of Beginning of the easement herein described; Thence, clockwise along the following five (5) courses; 1. Thence, leaving said property line, across the grantor's tract, North 70 degrees 10 minutes 17 seconds East, a distance of 101.98 feet to a point; 2. Thence, continuing across the grantor's tract, North 72 degrees 55 minutes 511 seconds East, a distance of 148.98 feet to a point on the grantor's easterly line and a westerly 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 2015 1 10601 5 9372 of Franklin County records and Instrument Number 20151 l 160161900 of Franklin County records; 3. Thence, along said property line, South 05 degrees 34 minutes 49 seconds East, a distance of 5.10 feet to a point on the northerly existing right of way line of State Route 161; 4. Thence, leaving said property line, along said existing right of way line, South 72 degrees 55 minutes 51 seconds West, a distance of 223.70 feet to a point; 5. Thence, continuing along said existing right of way line, Southwesterly, an arc distance of 26.12 feet along the arc of a curve deflecting to the right, having a central angle of 00 degrees 23 minutes 45 seconds, a radius of 3779.71 feet, and a chord that bears South 73 degrees 07 minutes 44 seconds West, a chord distance of 26.12 feet to the Point of Beginning, containing 0.0230 acres, of which the present road occupies 0.0000 acres, and is contained within Franklin County Auditor's Permanent Parcel No. 271- 000026 -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. �G OF rCo v z lq '�17 STEVEN on Laney, .S. Date L Surveyor No. 7900 PvlU7 00 �. 7900 .n 1&%, LEGEND: 1.800.955.4731 www.gpdgroup.com GPD GROUP. P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT 01Y.F. 518' REBAR (FOUND) EXHIBIT B PARCEL 1 -T SR 161 /COSGRAY RD. ROUNDABOUT STATE OF OHIO FRANKLIN COUNTY 60 0 30 60 WASHINGTON TOWNSHIP V.M.S. 6748 1INCH = 60 FT. O ROBERT E. WILLIAMS, 11 15- 0031014.1000 O.R. 65, PG. 517 (UNION COUNTY RECORDS) O KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 15- 00310060.000 INST. 20,1511060158372 & INST. 201511160151900 (FRANKLIN COUNTY RECORDS) UNION COUNTY �I FRANKLIN COUNTY ml �I �I O ROBERT E. WILLIAMS, II 271- 000026 -00 INST. 200607110134578 loo ¢ FULK RD. O KEVIN G. BENNINGTON, w ROBERT E. WILLIAMS, 11- MARK A. BRYANT, 15- 0031044.000 Ic O.R. 65, PG. 517 AND MARC A. PALMER, (UNION COUNTY RECORDS) I`^ S 87'4949'E CO-TRUSTEES OF 359.65' EXHIBIT B PARCEL 1 -T SR 161 /COSGRAY RD. ROUNDABOUT STATE OF OHIO FRANKLIN COUNTY 60 0 30 60 WASHINGTON TOWNSHIP V.M.S. 6748 1INCH = 60 FT. O ROBERT E. WILLIAMS, 11 15- 0031014.1000 O.R. 65, PG. 517 (UNION COUNTY RECORDS) O KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 15- 00310060.000 INST. 20,1511060158372 & INST. 201511160151900 (FRANKLIN COUNTY RECORDS) UNION COUNTY �I FRANKLIN COUNTY ml �I �I O ROBERT E. WILLIAMS, II 271- 000026 -00 INST. 200607110134578 loo KEVIN G. BENNINGTON, w MARK A. BRYANT, LARRY D. CLARKE, 0.0230 ACRES AND MARC A. PALMER, SUCCESSOR J- T CO-TRUSTEES OF THE DUROC TRUST N 72 05551" E 274 - 000011 -00 148.98" INST. 2 0 15110 6 0 /5 8 3 72 & INST. 2 0 151/16 0 /619 0 0 N 70010'17'E 701.98' _t1APcN 923-70' 51� E 0 KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 274 - 000011 -00 INST. 201511060158372 & INST. 201511160161900 5. lo- SN ¢ R/W S.R. 16, / N 72 5 a o e 1IOpN CITYOjpR2 AN ON NSU Ipj0 j682 201002 iEx RLW T / A = 00 °23'45' RT. o / R = 3779.71' L = 26.12' / Ch Brg = S 73 007'44" W Ch Dist = 26.12' ,w x R1W�/ ANEY. P.S. / LP /F_ rFTE OF Op Q Y 'Z PERTINENT DOCUMENTS USED: INST. 201571060158372, INST. 201511160761900, INST. 200607110134578 & O'.R. 65, PG. 517 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 (2011).