HomeMy WebLinkAboutOrdinance 054-17Dayton Legal Blank, Inc.
Ordinance No.
54 -17
RECORD OF ORDINANCES
Passed
2
AN ORDINANCE TO APPROPRIATE A 0.0121 -ACRE
TEMPORARY CONSTRUCTION EASEMENT FROM THE GEITGEN
COMPANY, LOCATED AT 7600 FISHEL DRIVE, FOR THE PUBLIC
PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS.
Form No. 30043
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 The Geitgey Company, as described in the attached Exhibit A and
depicted in the attached Exhibit B.
NOW, THEREFORE, BE IT ORDAINED by the Co cil 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 authorization to
appropriate, for the appraised value of $360, for the public purpose of constructing
roadway improvements to be open to the public without charge, a 0.0121 -acre
temporary construction easement, as described in the attached Exhibit A and depicted
in the attached Exhibit B.
Section 2. The City Law Director's office is hereby authorized to file a petition for
appropriation in the county Court of Common Pleas should it become necessary, and
to utilize the quick -take procedures pursuant to R.C. 163.06.
Section 3. This 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, including the authority to reach a reasonable administrative resolution with
the property owner to acquire the property interests in an amount greater than the
appraised value. Should the City reach a reasonable administrative resolution at an
amount greater than the appraised value, no further legislation is required.
Section 4. This Ordinance�shall take effect in accordance with 4.04(b) of the Dublin
Revised Charter. ii�
Pas this �" y of , 2017.
M yor — Pr iding Officer
A4EST:
Clerk of Council
Resolution 54-17
Office of the C'I'ty Manager
5200 Emerald Parkway * Dublin, OH 43017-1090
rnane:
ACM
MIQ111a
To: Members of Dublin City Council
V-
From: Dana L. McDaniel, City Manager
S
Initiated By: Paul A. Hammersmith, Director of Engineering
Michael S. Sweder,, PE, Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Date., August 10, 2011
Re: S.R. 161 & Cosgray Road Intersection Improvement Project
Ordinances to Appropriate - Nos. 54-17 through 58-17
The Project requires the acquisition of property interest from the following property owners,,,
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.
O.R. Colan, the City, and Union County were able to come to a resolution to acquire the necessary
property interests from the properties owned by Robert E. Williams, II, Brian & Corin Cunningham, and
Pinney 7495, LLC.
The City is hopeful that an amicable resolution may be reached with the remaining property owners;
however, these Ordinances authorize the City Law Director's Office to file complaints for appropriation
There is jio resolution f o r Jerome I Associates LTD. because the City has a prelimijiary agreen etit with this property
owner for the donation of the necessary property hiterests.
Memo re. Ord. 54-17 through 58-17
August 10, 2017
Page 2 of 3
in the event that negotiations are unsuccessful. The Ordinances also authorize the City to enter Into a
reasonable administrative settlement in the best interest of the City without further legislation.
Memo r. Ord. 54-17 through 58-17
Augus 0, 2017
Page
The Law Department recommends approval of Ordinance Nos. 54-17 through 58-17 at the August
28 meeting as approval of the Ordinances will keep the Project moving forward.
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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 10 -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
Lot 4 of Fishel Industrial Park No. 1, as recorded in Plat Book 77, Page 79, said Lot 4 being in the name
of The Geitgey Company, an Ohio Corporation (hereinafter known as the "Grantor ") by Official Record
28321, Page H -20 of Franklin County records.
Commencing, for reference, at a 5/8 inch rebar (found), at a southeasterly comer of said Lot 4, said corner
being on the westerly existing right of way line of Cosgray Road; thence, along said existing right of way
line and the easterly line of said Lot 4, North 09 degrees 26 minutes 37 seconds West, a distance of 30.12
feet to the Point of Beginning of the easement herein described; thence, clockwise along the following
four (4) courses;
1. Thence, leaving said existing right of way line, through said Lot 4, North 15 degrees 09 minutes
15 seconds West, a distance of 50.25 feet to a point;
2. Thence, continuing through said Lot 4, North 09 degrees 26 minutes 37 seconds West, a
distance of 50.00 feet to a point;
3. Thence, continuing through said Lot 4, North 04 degrees 40 minutes 48 seconds West, a
distance of 60.21 feet to a point on the westerly existing right of way line of Cosgray Road and
the easterly line of said Lot 4;
4. Thence, along said existing right of way and the easterly line of said Lot 4, South 09 degrees 26
minutes 37 seconds East, a distance of 160.00 feet to the Point of Beginning, containing 0.0121
acres, of which the present road occupies 0.0000 acres and is contained within Franklin County
Auditor's parcel No. 272 - 000593 -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
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1.800.955.4731 EXHIBIT B
www.gpdgroup.com
P PARCEL 10 -T
GPD GROUwM...w SR 161 /COSGRAY RD. ROUNDABOUT
LOT I 0
STA TE OF OHIO
FRANKLIN COUNTY
WASHINGTON TOWNSHIP
V.M.S. 6748
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50 0 25 50
I INCH = 50 FT.
¢ R/W COSGRAY RD.
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THE GEITGEY COMPANY,
AN OHIO CORPORATION N
272 - 000593 -00 a
O.R. 28321, PG. H -20 N 09 °26'37" W
50.00' m I I
LOT 4 0.0121 ACRES ~ _
0
FISHEL INDUSTRIAL PARK NO. I 10 -T o
THIRD AMENDED SUBDIVISION N l5 °09'15" W I
P.B. 77, PG. 79 50.25' P.O.B.
I
N 09 °2637" W I
LEGEND: 30.12' I.P.F. I
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
OLPY 5 18 'REBAR (FOUND) a x3 P.O.C. I
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PERTINENT DOCUMENTS USED:
P.B. 77, PG. 79
G
�` OF O O.R. 28321, PG. H -20
BASIS OF BEARINGS:
G� STEVEN BEARINGS ARE BASED ON THE BEARING BETWEEN
L FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72"
MULLANEY AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT
7900 WE130" BEING N 84 °3652" W, AS MEASURED WITH GPS
'A D METHODS USING GRID NORTH, OF THE OHIO STATE
\� FG/g Ft� PLANE COORDINATE SYSTEM, :SOUTH ZONE (2011).
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