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HomeMy WebLinkAboutOrdinance 046-17Dayton Legal Blank, Inc. Ordinance No. 46 -17 RECORD OF ORDINANCES Passed Form No. 30043 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE AND ACCEPT 0.2336 -ACRE FEE SIMPLE RIGHT -OF- WAY (0.1913 -ACRE OF WHICH IS PRESENT ROAD OCCUPIED); AND A 0.0141 -ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM BRIAN CUNNINGHAM AND CORIN CUNNINGHAM, LOCATED AT 7515 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 0.2336 -acre, more or less, fee simple warranty deed for public right -of -way (0.1913 -acre of which is present road occupied), and a 0.0141 -acre, more or less, temporary easement from Franklin County Parcel No. 272 - 0000468 -00 owned by Brian Cunningham and Corin Cunningham (the "Grantors "), said property interests more fully described in the attached Exhibits A and depicted in the attached Exhibits B; and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interests for the sum of $34,818.00, which is the appraised value of the property interests; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transaction between the City and the Grantors. NOI//U, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, f of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documents to acquire and accept a 0.2336 -acre, more or less, fee simple warranty deed for public right -of -way (0.1913 -acre of which is present road occupied), and a 0.0141 -acre, more or less, temporary easement from Brian Cunningham and Corin Cunningham for the appraised value of $34,,818.00, said property interests located within Franklin County Parcel No. 272- 0000468 -00, and more fully described and depicted in the attached Exhibits A and B. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. yor — Presiding Officer 0 -�/� Clerk of Council 12017. Office of the City Manager 5200 Emerald Parkway *Dublin, OH 43017-1090 C1�T of Dublin Phone.- 614-410-4400 9 Fax: 614-410-4490 AOft dab, -MCM0 To.x Members of Dublin City Council V "p, From:, Dana L. n McDaniel, City Maag 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 Res, S.R. 161 & Cosgray Road Intersection Improvement Project Ordinances Authorizing Acquisition - Nos. 45-17 and 46-17 The Project requires the acquisition of property interest from the following property owners: Two of the acquisitions will be total takes because the acquisitions will impact virtually the entir parcel — the Weingarten parcel and the Pinney 7495,. LLC parcel. I ']'here is no resolution for Jerome I Associates. LID. because the City and the Union County Engineer's Office have a preliminary agreement with this property ownerfor the donation of the necessary prop ert�s interests. 1"he Prqject requires two fee simple rights-of-way and two temporary construction easements ftom Jerome I Associates, LTD. Memo re. Ord. -land 46-1 July 27, 2017 Page 2 of 2 The Project also requires that the City acquire a 0.2336-acre, more or less, fee simple warranty deed for public right-of-way from Brian and Corin Cunningham, as well as a 0.0141-acre, more or less, temporary easement. These property interests are provided in the table below. The City, through its acquisition consultant O.R. Colan Associates, participated in good faith discussions with both Pinney 7495, LLC and the Cunninilly hams, and has come to mutually agreeable terms for the acquisition of the property interest for their appraised values. The property acquisition consists of the following property interests from each of the above-named property owners, as depicted in the maps attached hereto: Staff recommends approval of Ordinance Nos. 45-17 and 46-17 at the second reading/public hearing on August 14, 2017, as the ordinances authorize the City Manager to execute all necessary conveyance documents and formally accept the necessary property interests described above, P. .O.. stands -for Present Road Occupied, which means that this pol-tion of the acquisition is already encumbered with a roadway easement. 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: 02/23/2017 Page I of 1 PARCEL 13 -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 Brian Cunningham and Corin Cunningham (hereinafter known as the "Grantor ") by Instrument Number 201602120018199 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 county line, along said V.M.S. line, South 05 degrees 38 minutes 18 seconds East, a distance of 4119.98 feet to a p.k. nail (found) on the centerline of right of way of State Route 161; thence, leaving said V.M.S. line, along said centerline, Northeasterly, an arc distance of 359.98 feet, along the are of a curve deflecting to the left, having a central angle of 05 degrees 23 minutes 59 seconds, a radius of 38119.72 feet, and a chord that bears North 76 degrees 08 minutes 38 seconds East, a chord distance of '359.85 feet to the southwest corner of a tract in the name of Robert E. Williams, II, as recorded in Instrument Number 200607110134578 of Franklin County records; thence, leaving said centerline of right of way, along the southerly line of said Williams tract, North 71 degrees 32 minutes 09 seconds East, a distance of 360.03 feet to the northeasterly corner of a tract in the name of the City of Dublin, an Ohio Municipal Corporation, as recorded in Instrument Number 201002100016822 of Franklin County records, said corner being in the southerly 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 Instmment Number 201511060158372 of Franklin County Records and Instrument Number 201511160161900 of Franklin County Records, said comer also being the Point of Beginning of the parcel herein described, passing the southeasterly corner of said Williams tract at a distance of 251.13 feet; thence, clockwise along the following four (4) courses; b- ((Dq -A I. Thence, along the southerly line of said Bennington tract, North 71 degrees 32 minutes 09 �L tT seconds East, a distance of 164.60 feet to a p.k. nail (set) at the northwesterly corner of a tract in G.233��1� the name of Jeffrey T. Beckman, as recorded in Instrument Number 200611060222669 of . (� Franklin County Records; �L-7 L 2. Thence, along the westerly line of said Beckman tract, South 05 degrees 06 minutes 37 seconds �(6 East, a distance of 77.08 feet to a 5/8 inch by 30 inch rebar (set), with a cap stamped "GPD", ggg passing a 3/4 inch pipe (found) on the southerly existing right of way line of State Route 161 at a distance of 54.10 feet; a3. Thence, leaving said property line, across the grantor's tract, South 80 degrees 59 minutes 14 I- seconds West, a distance of 160.45 feet to a 3/4 inch pipe (found) on the easterly line of said City Z a0 of Dublin tract, said pipe also being on the southerly existing right of way line of State Route U �} 161; U �1 z 4. Thence, leaving said existing right of way line, along said property line, North 05 degrees 11 minutes 46 seconds West, a distance of 49.99 feet to the Point of Beginning, containing 0.2336 A< acres, of which the present road occupies 0.1913 acres, and is contained within Franklin County Auditor's parcel No. 272- 000468 -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 us}n r�T+�Iot f the Ohio State Plane Coordinate System, South Zone (2011). . g tie - This description was prepared and reviewed under the supervisio eATLLY�ilNAL)yy; Surve or No. 7900 from a survey conducted for the City of Dublin, hi in JulyL2016. MUL�ANEy 2 23 17 P� 7900 �p eve L. M laney, .S. Date �n G /ST;F / Professional Surveyor No. 7900 �/� 0 / n z 0 `zo N �'< � n T one m�z m O N � y 0 z 1,800.955.4731 EXHIBIT B www.gpdgroup.com GPD GROUP® PARCEL 13 -WD SR 161 /COSGRAY RD. ROUNDABOUT STATE OF OHIO FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. NO. 6748 O KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 271-000011-00 INST. 201577060158372 & INST. 201511160167900 / EX SN/ O KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 271-000014-00 INST. 201511060158372 30 0 15 30 1 INCH = 30 FT. N & INST. 201571160761900 EX SN 360.03' 09" E j1o3z O9w E (SEE DETAIL) N / 0.2336 ACRES* NC R/W S.R. 161 P.O.B. (SEE DETAIL) /ER 49.99' 11 4 0 1913 ACRES P� 160.45' 80 °59'14 0.1913 ACRES P.R.O. +0.0423 ACRES ADDITIONAL R/W = 0.2336 TOTAL ACRES PERTINENT DOCUMENTS USED: LEGEND: P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT . PA.5. P.K. NAIL (SET) OP.F. 314'" PIPE (FOUND) •i.P.s. 518'X 30 "REBAR (SET) W /CAP STAMPED "GPD" OLPT 516" REBAR (FOUND) / P.O.C. 13 BRIAN CUNNINGHAM AND CORIN CUNNINGHAM 272 - 000468 -00 INST. 201602120018199 INST. 201002100016822, INST. 201602120018199, INST. 200611060222669, INST. 20 15110 60 1583 72, INST. 201571760761900 PA i" i I.P.S. )2 � T ~ N � � N m Ot O -1 rn�nm m Z o � rn m BASIS OF BEARINGS: Q BEARINGS ARE BASED ON THE BEARING BETWEEN ¢ FULK RD. I`O POINT OF BEGINNING DETAIL FRANKLIN COUNTY ENGINEERS MONUMENT 'FRANK72" I`^. AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT P.O.C. "WE130 "BEING N 84 °3652" W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE UNION COUNTY PLANE COORDINATE SYSTEM, SOUTH ZONE (2011). I P F FRANKLIN COUNTY 5 05°38'18" E I �y S.W. CORNER OF P. [PO. B.] 419'88' �I INST. 20,9607110134578 OF ml PEE Co STEVEN �O �I 251't L• I R I N 71 °32'09" E MULLANEY 350.03' .p 7PJ00 P'K'F' A = 3819.72' LT. R = 3819.72' L = 359.98' / _ °08'38 ' ` E-- Oo \ Ch Brg m, N 76 ' V G Ch Dist = 359.85' EXHIBIT A Ver. Date: 02/13/2017 Page I of I PARCEL 13 -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 Brian Cunningham and Corin Cunningham (hereinafter known as the "Grantor ") by Instrument Number 201602120018199 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 county line, along said V.M.S_ line, South 05 degrees 38 minutes 18 seconds East, a distance of 419.98 feet to a p.k. nail (found) on the centerline of right of way of State Route 161; thence, leaving said V.M.S. line, along said centerline, Northeasterly, an arc distance of 359.98 feet, along the arc of a curve deflecting to the left, having a central angle of 05 degrees 23 minutes 59 seconds, a radius of 3819.72 feet., and a chord that bears North 76 degrees 08 minutes 38 seconds East, a chord distance of 359.85 feet to the southwest corner of a tract in the name of Robert E. Williams, II, as recorded in Instrument Number 200607110134578 of Franklin County records; thence, leaving said centerline of right of way, along the southerly line of said Williams tract, North 71 degrees 32 minutes 09 seconds East, a distance of 360.03 feet to the grantor's northwesterly comer and the northeasterly corner of a tract in the name of the City of Dublin, an Ohio Municipal Corporation, as recorded in Instrument Number 201002100016822 of Franklin County records, said comer being in the southerly 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 Dome Trust, as recorded in Instrument Number 201511060158372 of Franklin County Records and Instrument Number 201511160161900 of Franklin County records, passing over the southeasterly comer of said Williams tract at a distance of 251.13 feet, thence, along the easterly line of said City of Dublin tract, South 5 degrees l 1 minutes 46 seconds East, a distance of 49.99' to a 3/4 inch pipe (found) on the southerly existing right of way line of State Route 161 and the Point of Beginning of the easement herein described; thence, clockwise along the following four (4) courses; 1. Thence, leaving the easterly line of said City of Dublin tract, North 80 degrees 59 minutes 14 seconds East, a distance of 160.45 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ", on the westerly line of a tract in the name of Jeffrey T. Beckman, as recorded in Instrument Number 200611060222669 of Franklin County records; 2. Thence, along the westerly line of said Beckman tract, South 05 degrees 06 minutes 37 seconds East, a distance of 2.57 feet to a point; 3. Thence, leaving said property line, across the grantor's tract, South 80 degrees 05 minutes 00 seconds West, a distance of 160.63 feet to a point on the grantor's westerly property line and the easterly line of said City of Dublin tract; 4. Thence, along said property line, North 05 degrees 11 minutes 46 seconds West, a distance of 5.11 feet to the Point of Beginning, containing 0.0141 acres, of which the present road occupies 0.000 acres, and is contained within Franklin County Auditor's parcel No. 272- 000468 -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, Surveyor No. 7900 oFOh� UjP STEVEN �\ L. 1,AULlANEY \`���VE lei i 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 13-T GPD GROUP. SR 161 /COSGRAY RD. ROUNDABOUT n z O �o C -1 °moo � n T one � 2 4 � N A N D 0 Z EX SN/ N 71 032'09" E " E 360.03' N 11,32'09 (SEE DETAIL) / r / 0.0141 ACRES ° `f R/W S.R. 161 ° SN a Ex P.F.' SEE DETAIL) �• 14" E 160.45 M' R/ 0 °59 160.63' SN 5 80 °05'00" W BASIS OF BEARINGS: 5.11' 13 BRIAN CUNNINGHAM AND CORIN CUNNINGHAM 272 - 000468 -00 INST. 201602120018199 PERTINENT DOCUMENTS USED: INST. 201002100016822, INST. 201502120018199, INST. 200611060222669, INST. 2015110 6 01583 72, INST. 201511160151900 BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72" AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT "WE130 "BEING N 84 °3652" W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (2011). t 1- t2s. /2 z m ~NTI J NoN� rno-+ -o• O NOS � O Z O O � STATE OF OHIO h E FULK RD. i POINT OF BEGINNIVG DETAIL 3�0 �4P. U NION COUNTY FRANKLIN COUNTY FRANKLIN COUNTY S 05 038'18" E I �y EASEMENT AREA 419.98' -'H S.W. CORNER OF INST. 49.99' WASHINGTON TOWNSHIP P.K.S. 1 INCH = 30 FT. V.M.S. NO. 6748 LEGEND: P.O.B. POINT OF BEGINNING O P.O.C. °P.KS. POINT OF COMMENCEMENT P.K. NAIL (SET) KEVIN G. BENNINGTON, 9P.F. 314" PIPE (FOUND) l3 MARK A. BRYANT, Ot.P.s. 518" x 30" REBAR (SET) O LARRY D. CLARKE, W /CAP STAMPED "GPD" AND MARC A. PALMER, KEVIN G. BENNINGTON, SUCCESSOR CO- TRUSTEES MARK A. BRYANT, OF THE DUROC TRUST / LARRY D. CLARKE, 271-000014-00 AND MARC A. PALMER, INST. 201511060158372 SUCCESSOR CO- TRUSTEES & INST. 201511160161900 / OF THE DUROC TRUST 511 271 - 000011 -00 EX INST. 201511060158372 & INST. 201511160161900 / / n z O �o C -1 °moo � n T one � 2 4 � N A N D 0 Z EX SN/ N 71 032'09" E " E 360.03' N 11,32'09 (SEE DETAIL) / r / 0.0141 ACRES ° `f R/W S.R. 161 ° SN a Ex P.F.' SEE DETAIL) �• 14" E 160.45 M' R/ 0 °59 160.63' SN 5 80 °05'00" W BASIS OF BEARINGS: 5.11' 13 BRIAN CUNNINGHAM AND CORIN CUNNINGHAM 272 - 000468 -00 INST. 201602120018199 PERTINENT DOCUMENTS USED: INST. 201002100016822, INST. 201502120018199, INST. 200611060222669, INST. 2015110 6 01583 72, INST. 201511160151900 BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72" AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT "WE130 "BEING N 84 °3652" W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (2011). t 1- t2s. /2 z m ~NTI J NoN� rno-+ -o• O NOS � O Z O O � / E OF Oy 'll Gj STEVEN �O P_K.F. N 7r °360.03' G = 05 °2359" LT. 1. MULLF.NEY R = 3819.72' L = 359.98' -fr 1900 �Q Ch Big = N 76 °08'38" E L131 cZ 2 Ch Dist = 359.85' h E FULK RD. i POINT OF BEGINNIVG DETAIL O.C. �4P. U NION COUNTY FRANKLIN COUNTY S 05 038'18" E I �y P.O.B. 419.98' -'H S.W. CORNER OF INST. 49.99' CI P.K.S. / E OF Oy 'll Gj STEVEN �O P_K.F. N 7r °360.03' G = 05 °2359" LT. 1. MULLF.NEY R = 3819.72' L = 359.98' -fr 1900 �Q Ch Big = N 76 °08'38" E L131 cZ 2 Ch Dist = 359.85'