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Home My WebLink AboutResolution 056-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 56 -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 "Project'; 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, T7 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 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(a) of the Dublin Revised Charter. r P ssed this ay of 12017. ayor — P siding Officer TTEST: 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�ve. Q74e- 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 BACKGROUND Resolution 56 -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 unsuccessftjl N 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 attached hereto Robert E. 1-T Temporary Easement 271-000 02 6 -00 W1,311"ams, 11 (0.0230 acre E 4W'Mont 271-00WI1 00 Acr(� r0y Easerneht 2 k00001+00 Ralph E. Smucker 4-T Temporary Easement 271-000020-00 (0.0229 acre ±) ' 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 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