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HomeMy WebLinkAboutResolution 016-18RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 16-18 Passed A RESOLUTION OF INTENT TO APPROPRIATE A 0.878 -ACRE FEE SIMPLE WARRAIKITY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS; AND A 0.140 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM BARBARA STROBLE AND LANEY STROBLE, FROM THE PROPERTY LOCATED AT 8622 HYLAND-CROY ROAD FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE. .20 WHEREAS, the City of Dublin (the ""City'7 is preparing to construct the Hyland -Croy Road and Riviera Connector Project (the "Project'; and WHEREAS, the Project requires that the City obtain a fee simple warranty deed for right-of-way, without limitation to existing access rights; and a temporary construction easement -From the parcel identified as Union County Parcel No. -1®0240600000, owned by Barbara Stroble and Laney Stroble, as described in the attached Exhibits A and depicted in the attached Exhibits B. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, r7 of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the public purpose of constructing a new roadway to be open to the public without charge improvements to be open to the public without charge, the following property interests: a 0.878 -acre fee simple warranty deed for right-of-way, without limitation to existing access rights; and a 0.140 -acre temporary construction easement, as described in the attached Exhibits A and depicted in the attached Exhibits B. Section 2n, 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 Exhibits A and depicted in the attached Exhibits B, and this notice shall be served according to law. Section 3., This Resoluti shall take effect upon adoption in accordance with 1-1 4.04(a) of the Dublin Reyito Charter. Pas this this ��d,y of , 2018. yor — Pqb:�siding Officer ATTEST: Clerk of Council 'Ask, Cityof' DUD -1.111 Office of the City Manager 5200 Emerald Parkway * Dublin, OH 43017-109' Phone: 614-410-4400,o Fax: 614-410-4490 1 Too, Members of Dublin City Council From: Dana L. McDaniel, City Maria Date,* April 5, 2018 Resolution 16-18 IY� Tnitiated By: Paul A. Hammersmith, P.E., Director of Engineering / City Engineer Michael S. Sweder, P.E., Civil Engineer II Philip K. Hartmann, Assistant Law Director Xe: Resolutions 15 through 18-18 -Intent to Appropriate - Hyland -Croy Road / Riviera Connector (17-016-CIP) The City of Dublin ("City") intends to construct the Hyland -Croy Road / Riviera Connector (the "'Project'% which is a new public roadway connecting the Riviera neighborhood with Hyland -Croy Road. In the 2018-2022 Capital Improvements Program (CIP), site acquisition was programmed in 2017, and utility relocation, construction and landscape is programmed in 2018. opple 111111111111i i � l�,1= 111A, 1�;l To date, the City has agreed to terms with three of the property owners: Sabra L. Minyard & William Minyard, E. Elaine T. Horr, Trustee and Riviera Ventures, LLC. Those acquisitions are addressed in separate legislation and an associated memorandum. The City is hopeful that an amicable resolution can be reached with the remaining property owners; however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. Memo re. Resolutions 15-18 through 18-18 - Intent to Appropriate - Hyland -Croy Road / Riviera Connector (17-016-CIP) April 5, 2018 Page 2 of 2 Acquisition The property acquisitions consist of the following property interests from each of the named property owners listed below (minus Minyard, Horr, DCSD and Riviera Ventures, LLQ and as depicted in the maps attached hereto: Verty OW: ProInterests ner:�. Parte! : P tOperty, '��Auditor P r 110 No'$ , Number Darshan Shah Fee Simple R/W (8700 Hyland -Croy Rd) 1 -WD (0.091 acre ± of which 0.068 acre ± 1700240390000 is P.R.O.) Fee Simple R/W 4 -WD (0.372 acre ± of which 0.076 acre ± is P.R.O.)., 4-S1 Stormwater & Drainage Easement Nomas I. Malik & (0,033 acre ±) Josephine Sarcina Malik, Trustees 4-S2 Stormwater & Drainage Easement (0.002 acre �) 3900240590000 (7089 Firenza Place) 4-53 Stormwater & Drainage Easement (0.002 acre t) Temporary Construction Easement 4-T (0.299 acre �) Fee Simple R/W Barbara Stroble & Laney 6 -WD (0.878 acre ± of which 0.021 acre Stroble is P.R.O. ) 1700240600000 (8622 Hyland -Croy Rd) 6-T Temporary Construction Easement (0.140 acre t) Fee Simple R/W 7-WD1 (0.946 acre ± of which 0.021 acre is P.R.O.) 7-WD2 Fee Simple R/W (0.231 acre ±) Kevin D. Mullins & Jocelyn Mullins (8600 Hyland -Croy Rd) 7-S1 Stormwater & Drainage Easement (0.002 acre 3900240370000 7-S2 Stormwater & Drainage Easement (0.002 acre f) 7-T Temporary Construction Easement (0.186 acre �) 74 Staff recommends approval of Resolution Nos. 15-18 through 18-18 to allow the Project to continue moving forward. City of Dublin OHIO, USA 17-015-C I P Hyland -Croy Road / Riviera Connector (Cacchio Lane) 125 250 500 Feet PARCEL 6-T (STROBLE) HYLAND-CROY ROAD & RIVIERA CONNECTOR DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT JEROME TOWNSHIP, UNION COUNTY, OHIO Situated in the State of Ohio, County of Union, Township of Jerome, being located in Virginia Military Survey No. 2925, being part of that 5.784 -acre tract as described in a deed to Barbara Stroble and Laney Stroble, of record in Official Record 1015, Page 559, all references herein being to the records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Beginning at a point at the southeasterly comer of said 5.784 -acre tract and northeasterly corner of that 1.178 -acre tract (part of that 5.678 -acres), as described in a deed to Kevin D. Mullins and Jocelyn Mullins, of record in Official Record 804, Page 218; Thence South 84°04'50" West, along the southerly line of said 5.784 acre tract and the northerly line of said 1.178 -acre tract, a distance of 393.44 feet to a point; Thence though said 5.784 -acre tract the following courses: 1. North 79041'49" West, a distance of 66.73 feet to a point; 2. North 05051120" West, a distance of 7.89 feet to a point; 3. North 85003'16" East, a distance of 138.27 feet to a point; 4. North 44014'19" East, a distance of 22.88 feet to a point; 5. North 1401 F 12" East, a distance of 27.28 feet to a point; 6. South 81042'40" East, a distance of 26.65 feet to a point; 7. South 03°26'29" West, a distance of 55.65 feet to a point; 8. North 84004150" East, a distance of 275.52 feet to a point; 9. South 05051120" East, a distance of 3.00 feet to the place of beginning and containing 0.140- acres of land. Bearings herein are based on a field traverse originating from Franklin County Engineer survey of FCGS monuments "Frank 72" and "Frank 172", establishing a bearing of North 12°12'35" West for Hyland -Croy Road and are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011 adjustment). This description was prepared by IBI Group Survey, Westerville, Ohio. IBI Group Survey PIE OF 0 Westerville, Ohio DAV LVID a B C18A vid L. Chiesa date 0 9 B-7740 O O Registered Surveyor No. 7740 ��OP1RiL SJ J:\110135_dublin_hyland\5.9 Drawings\baseinfo\survey\DESCRIPTIONS\Stroble T EASEMENT.docx i 0 �1 1 1�� THE CITY OF DUBLIN 1 O.R. 488, PG. 174 la0.988 ACRE (RW -5) W N O �1 U o 1 �1 CELTIC a� CROSSING 1 P.B. 5, y PG. 357, A. B. RESERVE "A" 1 N� T / 1 RESERVE "B" 1 1 1 1 5 THE BOARD OF EDUCATION OF THE DUBLIN CITY SCHOOL DISTRICT O.R. 80, PG. 209 25.614ACRES Line Table Line # Length Direction L1 393.44' 584'04'50"W L2 66.73' PARCEL 6 7 ?m N05'51'20"W L4 138.27' BARBARA STROBLE & KEVIN D. MULLINS & ° ° y OR a1 'o �m^C9 L 3 z io y o (n - 1 O� LANEY STROBLE JOCELYN MULLINS v` ; z 0 , 0 DARSHAN SHAH n 4 O.R. 1015, PG. 559 O.R. 804, PG. 218 b ' m m m y I.N. 201801300000770 ELAINE T. mc� Z p � � S05'51'20"E 5.678 ACRES a x o 1.293 ACRES NOMAN I. MALIK & 5.784 ACRES {oon o HORN TR. JOSEPHINE SAMINA MALIK TRS.m P.N. 1700240600000 FROM FRANKLIN COUNTY ENGINEER SURVEY OF 2. O.R. 816, I.N. 201703230002416 FCGS MONUMENTS "FRANK 72" AND "FRANK 172", w O N Z SABRA L MINYARD & PG' 734 8.000 ACRES ° < WILLIAM MINYARD 1'500 ACRES 01460889010 PARCEL 6—T BEGINNING ; D a O.R. 69, PG. 189 2.009 ACRES OF O�eoeo 0.140 ACRE L7 G) a i o o®"e L5 L8 DAVID c 1 1�� THE CITY OF DUBLIN 1 O.R. 488, PG. 174 la0.988 ACRE (RW -5) W N O �1 U o 1 �1 CELTIC a� CROSSING 1 P.B. 5, y PG. 357, A. B. RESERVE "A" 1 N� T / 1 RESERVE "B" 1 1 1 1 5 THE BOARD OF EDUCATION OF THE DUBLIN CITY SCHOOL DISTRICT O.R. 80, PG. 209 25.614ACRES Line Table Line # Length Direction L1 393.44' 584'04'50"W L2 66.73' N79'41'49"W L3 7.89' N05'51'20"W L4 138.27' N85'03'16"E o„ z H N44'14'19"E I.N. 207 5082801 209 22 (FRANKLIN) z io y o (n - 1 O� N14'11'12"E I.N. 201508310007071 (UNION) S81'42'40"E n a S03'26'29"W m r lW000ON O N84'04'50"E mc� Z p � � S05'51'20"E L3L4 L L9 L10 ACCHIO LANE RIW y in z 20 D Ll 03 D m? O D G RIVIERA VENTURES LLC o„ z H I.N. 207 5082801 209 22 (FRANKLIN) z io y o (n - 1 O� I.N. 201508310007071 (UNION) nW v r" n < n 167.055 ACRES (ORIG.) m r lW000ON O mc� Z p � � Z m BEARING REFERENCE {oon n BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE In m m-4ORIGINATING o FROM FRANKLIN COUNTY ENGINEER SURVEY OF C Q FCGS MONUMENTS "FRANK 72" AND "FRANK 172", w O N Z ESTABLISHING A BEARING OF NORTH 12'12'35" WEST FOR r ? to HYLAND-CROY ROAD AND ARE BASED ON THE OHIO STATE m N 01460889010 PLANE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83 (2011 OF O�eoeo ADJUSTMENT). G) a i o o®"e DAVID CHIESA e 7740 :'pFGlSTE�.�'• r e� mo 0 0000eo®o, agog a as 2tl/o Z--c16-� REGISTERED SURVEYOR NO. DATE 2 z n O O D hai PARCEL 6 -WD (STROBLE) HYLAND-CROY ROAD & RIVIERA CONNECTOR DESCRIPTION OF 0.878 ACRE - RIGHT-OF-WAY 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 Union, Township of Jerome, being located in Virginia Military Survey No. 2925, being part of that 5.784 -acre tract as described in a deed to Barbara Stroble and Laney Stroble, of record in Official Record 1015, Page 559, all references herein being to the records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Beginning FOR REFERENCE at a Mag Nail found at the centerline intersection of Hyland -Croy Road (width varies) with Celtic Crossing Drive (50 feet in width); thence North 12°12'35" West, along the centerline of Hyland -Croy Road, a distance of 572.04 feet to a Mag Nail set at the southwesterly corner of said 5.784 -acre tract and the southeasterly corner of that 1.178 -acre tract (part of that 5.678 acres), as described in a deed to Kevin D. Mullins and Jocelyn Mullins, of record in Official Record 804, Page 218 at the TRUE PLACE OF BEGINNING: Thence North 12112'35" West, continuing along said centerline, a distance of 30.20 feet to a Mag Nail set at the northwesterly corner of said 5.784 -acre tract and the southwesterly corner of that 8.000 - acre tract as described in a deed to Noman I. Malik and Josephine Samina Malik, Trustees, of record in Instrument Number 201703230002416; Thence North 84117' 11" East, along the northerly line of said 5.784 -acre tract and the southerly line of said 8.000 -acre tract, a distance of 1104.95 feet to an iron pin set at an angle point; Thence North 84°04'50" East, continuing along said northerly and southerly lines, a distance of 152.15 feet to an iron pin set at the southeasterly comer of said 8.00 -acre tract; Thence South 05°51'20" East, though said 5.784 acre tract with a new division line, a distance of 11.36 feet to an iron pin set; Thence South 79°41'49" East, continuing though said 5.784 acre tract, a distance of 66.73 feet to an iron pin set in the southerly line of said 5.784 acre tract and the northerly line of said 5.678 -acre tract; Thence South 84°04'50" West, along said southerly and northerly lines, a distance of 216.26 feet to an iron pin set at an angle point; Thence South 84°17'11" West, continuing along said northerly and southerly lines, a distance of 1,101.59 feet to the TRUE PLACE OF BEGINNING and containing 0.878 -acre of land, 0.021 acre being within the existing right-of-way of Hyland -Croy Road. Bearings herein are based on a field traverse originating from Franklin County Engineer survey of FCGS monuments "Frank 72" and "Frank 172", establishing a bearing of North 12°12'35" West for Hyland -Croy Road and are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011 adjustment). Irons pins set consist of a %-inch rebar, 30 inches long with an orange plastic cap stamped "IBI Group, S -6872/S-7740". This description was prepared by IBI Group Survey, Westerville, Ohio, and is based on an actual field survey of the premises performed in summer of 2017. IBI Group Survey Wes ille, Ohio n8-7740 avid L. ChiesaRegistered Surveyor No. 7740 O i JA1101 0 t THE CITY OF DUBLIN ' O.R. 495, PG. 394 0.24040 ACRE [01 m -.1 xel THE CITY OF DUBLIN O.R. 495, PG. 394 0.295 ACRE (RW -8) CELTIC CROSSING ;LOT LOT 1 P.B. 5, PG. 357, A, R RESERVE "A" _- 1 3 f NA SPANOS ELAINE T. ¢ 235, PG. 122 HORR, NOMAN I. MALIK & 93 ACRES TRUSTEE JOSEPHINE SAMINA MALIK, TRUSTEES O.R. 816, I.N. 201703230002416 2 P1. 734 8,000 ACRES L. MINYARD & 1.500AM MINYARD ACRES69, PG. 189 09 ACRES O 1"PIPE S05°51'2( 11.. PARCEL 6—WD "PIPE 0.878 ACRE-., 1,104 95' s 1"PIPE THE CITY OF DUBLIN O.R. 488, PG. 174 p 0.988 ACRE (RW -5) 24 O D% W ,mayy 4' �n1Z c1 �' LOT 3 LOT 4fLOT 4RESERVE "B" 5 THE BOARD OF EDUCATION OF THE DUBLIN CITY SCHOOL DISTRICT O.R. 80, PG. 209 25.614 ACRES LEGEND @O IRON PIN FOUND (AS NOTED) IRON PIN SET (5/8" REBAR 30" LONG W/PLASTIC CAP "IBI GROUP/S-6872/S-7740") O MAG NAIL SET ,a MAG NAIL FOUND ® P.R.O. BEARING REFERENCE BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE ORIGINATING FROM FRANKLIN COUNTY ENGINEER SURVEY OF FCGS MONUMENTS "FRANK 72" AND "FRANK 172", ESTABLISHING A BEARING OF NORTH 12'12'35" WEST FOR HYLAND-CROY ROAD AND ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83 (2011 ADJUSTMENT)./ 1"PIPE BARBARA�STROBLE & a� > LANEY STROBLE 0 o 5 O.R. 1015, PG. 559 mz 5.784 ACRES ���°'r" P.N. 170024060000 w >c� 0.878 ACRE (TOTAL) � c —0.021 ACRE (PRO) N Z N 0.857 ACRE (NET) o, L 579'41'49"E 66.73' *S84 E DETAIL"A 1.17g ACRES 4'50"W RIVIERA VENTURES LLC I.N. 201508280120922 (FRANKLIN) 216.26' I.N. 201508310007071 (UNION) N84"04'50"E 167.055 ACRES (ORIG.) 152.15' FLOOD NOTE THE AREA SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP No. 39049CO018K, DATED JUNE 17, 2008. 00000a��P-��° O F py/O o 0 ' DAVID ` L. >r c CHIESA ' tt 7740 �a 00 °°�C/STEL: oo 4 6 -WD STROBLE MALIK 5.784 ACRES 8.000 ACRES S05'51 '20"E 1,104.95' • 11.36' 1,101.59' S79"41'49"E 6 66.73' RIVIERA VENTURES LLC 167.055 ACRES (ORIG.) DETAIL "A" 1 "=100' -7Yy /-Z NO. DATE 03 G A D C p -IO rnz� -C *0>. O :E�z 3m "z n_Ln0 ouozzm��oa�' rrnr�0 0np0 70 mpz*0,00 > z0 ��cCcozz�z -< OZC �Z3701T1;Q �zz- MO.C)O ov0 O2000 Ou ONZ 90 m z N