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HomeMy WebLinkAboutResolution 018-18RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 18-18 Passed .20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.091 - ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF- WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS FROM DARSHAN SHAH, FROM THE PROPERTY LOCATED AT 8700 HYLAN D-CROY ROAD FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE. WHEREAS, the City of Dublin (the "City'? is preparing to construct the Hyland -Croy Road and Riviera Connector Project (the ��Project* and VJ HEREAS, the Project requires that the City obtain a fee simple warranty deed for right-of-way, without limitation to existing access rights, from the parcel identified as Union County Parcel No. 1700240390000, owned by Darshan Shah, as described in the attached Exhibit A and depicted in the attached Exhibit B. INOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, [jranklin, 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 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 0.091 -acre fee simple warranty deed for right-of-way, without limitation to existing access rights, 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(x) of the Dublin Revised Charter. Clerk of Council , 2018. '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 18-18 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 County Engineer Environmental Engineer Building Department 233 W. Sixth Street Marysville, Ohio 43040 P 937.645.3018 F 937.645.3161 www.co.union.oh.us/en iQ neer DATE: 2, —7 — ( ZS WA Acreage: 0. ©9 l n_ Marysville Operations Facility 16400 County Home Road Marysville, Ohio 43040 P 937.645.3017 F 937.6455111 Richwood Outpost 190 Beatty Avenue Richwood, Ohio 43344 Public Service with integrit}- VMS#: a Township: Corporation:'J�L,l'I : Owner:�_r Union County, Ohio To Whom It May Concern: The above referenced, and attached description(s) and plat(s) are acceptable and comply with the Union County Conveyance Standards. It has been pre -approved* and final approval will be given when actual transfer happens. Signed by: Date: *Pre -Approval of description does not include any Planning Commission lot split approval, zoning, Health Department or any other approvals needed for transfer. .TEFF STAUCH, PE1PS BILI. NARDUCCI, PE County Engineer I Environmental Engineer Assistant County Engineer Exhibit A PARCEL I -WD (SHAH) INLAND-CROY ROAD & RIVIERA CONNECTOR DESCRIPTION OF 0.091 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 and City of Dublin, Township of Washington (of Franklin County), being located in Virginia Military Survey No. 2925, being part of that 1.293 -acre tract as described in a deed to Darshan Shah, of record in Instrument No. 201801300000770; 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 937.18 feet to a Mag Nail set at the southwesterly corner of said 1.293 -acre tract and the northwesterly comer of that 2.009 -acre tract as described in a deed to Sabra L. Minyard and William Minyard of record in Official Record 69, Page 189, at the TRUE PLACE OF BEGINNING: Thence North 12°12'35" West, continuing along said centerline, a distance of 99.74 feet to a Mag Nail set at the northwesterly corner of said 1.293 -acre tract; Thence North 83'59'10" East, along the northerly line of said 1.239 -acre tract, a distance of 40.24 feet to an iron pin set at the southwesterly corner of Reserve "Q" as shown and delineated upon the plat "Tartan West Section 5", a subdivision of record in Plat Book 5, Page 198-200; Thence South 12°12'35" East, through said 1.293 -acre tract with a new division line, a distance of 98.86 feet to an iron pin set in the southerly line of said 1.293 -acre tract and the northerly line of said 2.009 acre tract; Thence South 82°43'50" West, along said northerly and southerly lines, a distance of 40.15 feet to the TRUE PLACE OF BEGINNING and containing 0.091 -acre of land, 0.068 -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 S��•iE OF ®�®® Wes ille, Ohio DAVN) 2"5'/v o L. avid . Chiesa date 0 lit";40 ® Registered Surveyor No. 7740 g® �4 F AL JA110135_du511n_hy1and\5.9 Omwirgs\baseinfolsuweylDESCRIPTIONS\SHAH W D.docx N12'12'35"W t 99.74' SCOTT D. HARPSTER I.N. 201512180010379 1.831 ACRES THE CITY OF DUBUl O.R. 495, PG. 394 0.240 ACRE TARTAN WEST SECTION 5 P.B. 5, PG. 198-200 N83'59'10"E RESERVE "0" 40.24' 01" P.N. 1700240390000 -Az `0.091 AC. (TOTAL) . N. -0.068 AC. (PRO) ,OD4' ccp 0.023 AC. (NET) TARTAN WEST SECTION 6, PART 3 P.B. 5, PG. 220-221 RESERVE "W" — 1—WD DARSHAN SHAH I.N. 201801300000770 1.293 ACRES SABRA L. MINYARD & WILLIAM MINYARD O.R. 69, PG. 189 2.009 ACRES PIPE '— NOMAN I. MALIK & 1"PIPE JOSEPHINE SAMINA MALIK, TRUSTEES I.N. 201703230002416 8.000 ACRES FUTURE RIGHT--OF-WAY LINE & LANEY STROBLE O.R. 1015, PG. 559 5.784 ACRES § BARBARA STROBLE CELTIC CROSSING 1 P.B. 5, M 357, A, R C RESERVE "A" 1 REFERENCE �R° P01NT RESERVE "B" 1 FLOOD NOTE THE AREA SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP No. 39049COO18K, DATED JUNE 1.7, 2006. t BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE ORIGINATWG FROM FRANKLIN COUNTY ENGINEER SURVEY OF FOGS 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). Saco"�V.- OF '°�i0 P oy DAVID °a L. CHIESA 7740 >' Q . b o Ftp/STEL`' oOo�ooe � 4,�n OGOUO ORp0o0oo0 �� G (] �^� i ISTERED SURVEYOR NO. DATE a D G _ p �mz-< s` 0>< AAO 0 > > Q m=X000,J0() n rzz*0,0,O.,z O ��^8(nW;oZul O Dc=F, 3:�AITi slz m0� O n -n . D z C z z pzOQ Q O�z go F N u, o� LEGEND QO IRON PIN FOUND (AS NOTED) T m © IRON PIN SET 0 (5/8" REBAR 30" LONG m m W/PLASTIC CAP "IBI .a GROUP/S-6872/S-7740") 01 o Co.0 o MAG NAIL SET 09)5 7" MAG NAIL FOUND ® P.R.O. N J � PIPE '— NOMAN I. MALIK & 1"PIPE JOSEPHINE SAMINA MALIK, TRUSTEES I.N. 201703230002416 8.000 ACRES FUTURE RIGHT--OF-WAY LINE & LANEY STROBLE O.R. 1015, PG. 559 5.784 ACRES § BARBARA STROBLE CELTIC CROSSING 1 P.B. 5, M 357, A, R C RESERVE "A" 1 REFERENCE �R° P01NT RESERVE "B" 1 FLOOD NOTE THE AREA SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP No. 39049COO18K, DATED JUNE 1.7, 2006. t BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE ORIGINATWG FROM FRANKLIN COUNTY ENGINEER SURVEY OF FOGS 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). Saco"�V.- OF '°�i0 P oy DAVID °a L. CHIESA 7740 >' Q . b o Ftp/STEL`' oOo�ooe � 4,�n OGOUO ORp0o0oo0 �� G (] �^� i ISTERED SURVEYOR NO. DATE a D G _ p �mz-< s` 0>< AAO 0 > > Q m=X000,J0() n rzz*0,0,O.,z O ��^8(nW;oZul O Dc=F, 3:�AITi slz m0� O n -n . D z C z z pzOQ Q O�z go F N u, o� T m a CI 0 Fp A m V o