Loading...
HomeMy WebLinkAboutOrdinance 032-18Dayton Legal Blank, Inc. Ordinance No. 32-18 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE 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 HYLAND-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 WHEREAS, 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. NOW, THEREFORE, BE IT ORDAIINED by the Co incil 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 $300.00, 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 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 procedurespursuant 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 t e effect in accordance with 4.O4(b) of the Dublin Revised C rter. Passe t s da f , 2018. Mayor — Presfflng Officer ATTEST: �v Clerk of Council Cityol'Dublin Office of the C'Ity Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 Phone: 614-410-4400 * Fax: 614-410-4490 To.* Members of Dublin City Council From,* Dana L. McDaniel,, City Mann Dates, rill,, 2018 Lnitiated 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 Ordinance 32-18 4 Rev. Ordinances to Appropriate - Nos,, 32-18 33-18,1 34-18 & 35-111WI, Hyland -Croy Road / Riviera Connector (17-016-CIP) I The City of Dublin ("City") intends to construct the Hyland -Croy Road / Riviera Connector (the "Project-'�, which is a new public roadway connecting the era neighborhood with Hyland -Croy Road. In the 2018-2022 Capital Improvements Program (CIP), site acquisition is programmed in 2017 and utility relocation, construction and landscape programmed in 2018. The Project requires the acquisition of property interest from the following property owners: 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 Rera Ventures, 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 in the event that negotiations are unsuccessful. The Ordinances also authorize the City to enter into reasonable administrative settlement in the best interest of the City without further legislation. Ordinances 32-18 through 35-18 —Appropriations for Hyland -Croy Road / Riviera Connector (17-016-CIP) April 19, 2018 Page 2 of 3 Ordinances 32-18 through 35-18 —Appropriations for Hyland-Croy Road /Riviera Connector (17-01b-CIF) April 19, 2018 Page 3 of 3 Staff recommends adoption of Ordinances Nos. 32-18 through 35-18 at the second reading/public hearing on May 7, 2018, as these Ordinances authorize the City Law Director's Office to file I * . compiaints for appropriation in the event ongoing negotiations are unsuccessful and furthermore will keep the Project moving forward. The Ordinances also authorize the City to enter into reasonable administrative settlement in the best interest of the City without further legislation. 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