HomeMy WebLinkAboutResolution 051-18RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO
Form 6301
Resolution No.
51-18
Passed
A RESOLUTION OF INTENT TO APPROPRIATE A 0.336 -ACRE
FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY,
WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS; A
0.068 -ACRE PERPETUAL PUBLIC UTILITY EASEMENT; AND A
0.047 -ACRE PERPETUAL PUBLIC UTILITY EASEMENT FROM
JOHN E. AND SALLY S. LEPPERT, FROM THE PROPERTY
LOCATED AT 4780 BRIGHT ROAD FOR THE PUBLIC PURPOSE
OF CONSTRUCTING A NEW CUL-DE-SAC AND CONSTRUCTING
SANITARY SEWER LINES AND WATER LINE EXTENSIONS.
WHEREAS, the City of Dublin (the "City") is preparing to construct the Sanitary Sewer
and Water Line Extensions — Areas 4A, 4B, 4C, and Bright Road Cul -De -Sac 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 two perpetual public
utility easements from the parcel identified as Franklin County Parcel Number 273-
008762-00, owned by John E. Leppert and Sally S. Leppert, as described in the attached
Exhibits A and depicted in the attached Exhibits B.
NOW, THEREFORE, BE IT RESOLVED by th Council 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 intention to appropriate,
for the public purpose of constructing a new cul-de-sac to be open to the public without
charge and sanitary sewer and water line extensions, the following property interests:
a 0.336 -acre fee simple warranty deed for right-of-way, without limitation to existing
access rights; a 0.068 -acre perpetual public utility easement; and a 0.047 -acre
perpetual public utility easement, as described in the attached Exhibits A and depicted
in the attached Exhibits 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 Exhibits A and
depicted in the attached Exhibits B, and this notice shall be served according to law.
Sectioti This Resolution all take effect upon adoption in accordance with
4.04 a) of the Dublin Revised harter.
e d t h i Its 2018.
Mfiyor — Prejiqlfing Officer
TTEST:
Clerk of Council
�, a. _ � �.. _., ,,
Resolutions of Intent to Appropriate — Sanitary Sewer and Water Line Extensions — Areas 4A, 4B, 4C and
Bright Road Cul -De -Sac (18-019-CIP, 18-020-CIP)
August 23, 2018
Page 2 of 3
Cliffs Drive to the east approximately 190 feet; and along Bright Road west of Macbeth Drive
approximately 560 feet. The water line extension portion of this Project will serve 48 existing
parcels of which 43 parcels have an existing well, while the sanitary sewer extension portion will
serve 43 existing parcels of which 38 parcels currently have various types of existing home sewage
treatment systems (HSTS).
The Project requires the acquisition of property interest from 18 property owners along Riverside
Drive, Bright Road, and Grandee Cliffs Drive. The City will participate in good faith discussions and
hopes to arrive at mutually agreeable terms with property owners. The policy on public water and
sanitary sewer utility extensions adopted by City Council requests that property owners donate to
the City the perpetual utility easements needed to construct and maintain the utility extensions.
Resolutions of Intent to Appropriate — Sanitary Sewer and Water Line Extensions -- Areas 4A, 4B, 4C and
Bright Road Cul -De -Sac (18-019-CIP, 18-020-CIP)
August 23, 2018
Page 3 of 3
Good Faith Offer Letters along with appraisal information were recently sent to the five property
owners. To date, the City has been in communication with four of the property owners. The City is
hopeful that an amicable resolution can be reached with the property owners; however, these
Resolutions begin the eminent domain process in the event that negotiations are unsuccessful.
Staff recommends approval of Resolution Nos. 51-18 through 55-18 to allow the Project to
continue moving forward.
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DATE: 08/16/2018
Clot of Dublin
OHIO, USA
LEGEND,
8" SANITAR.". PROP. SANITARY SEWER
2" WATER PROP. WATER LINE
E
I
N A 4C PROP. CUL-DE-SAC J
EMERALD PAR AY
AREA BOUNDARY
PARCEL NUMBER
LOCATION MAP
SANITARY SEWER AND WATERLINE
EXTENSIONS -AREAS 4A, 4B9 4C AND
BRIGHT ROAD CUL-DE-SAC
1-270
SCALH: 400'
0 200 400 000
EXHIBIT A
Parcel 8 -WD
SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C
AND BRIGHT ROAD CUL-DE-SAC
RIGHT-OF-WAY ACQUISITION
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 City of Dublin, County of Franklin, State of Ohio; also being a part of Lot
17, Section 2, Township 2, Range 19 United States Military Lands; also being a part of
Franklin County Auditor's tax parcel number 273-008762, a 1.357 acre tract as conveyed
to John E. & Sally S. Leppert as described in Instrument No. 201311060186158; being
more particularly described as follows:
Beginning at an iron pin set at the intersection of the northerly right-of-way line of Bright
Road (County Road #166, 35' right-of-way) and the easterly right-of-way line of Riverside
Drive (State Route # 257; 80' right-of-way), said point being the TRUE POINT OF
BEGINNING, and from said beginning point running thence,
Along a line through said 1.357 acre tract and along the northerly right-of-way line of
Bright Road, South 88° 27'21" East for a distance of 306.76'to an iron pin set along
the easterly line of said 1.357 acre tract, also being along the westerly line of a 1.703 acre
tract as conveyed to Robert C. & Joetta L. Bode as described in Deed Book 3579 Page
311; thence,
Along a portion of the easterly line of said 1.357 acre tract and a portion of the westerly
line of said 1.703 acre tract, South 010 40'36" West for a distance of 25.01'to a MAG
nail set, said point being the southeasterly corner of said 1.357 acre tract and the
southwesterly corner of said 1.703 acre tract and along the centerline of Bright Road;
thence,
Along the southerly line of said 1.357 acre tract and along the centerline of Bright Road,
North 88° 27' 16" West for a distance of 348.30'to a MAG nail set, said point being the
southwesterly corner of said 1.357 acre tract and within the right-of-way of Riverside
Drive, said point also being the southeasterly corner of River Knolls Addition as recorded
in Plat Book 23 Page 33; thence,
Along the westerly line of said 1.357 acre tract and along a portion of the easterly line of
said River Knolls Addition along a line parallel and 10.00' distant to the centerline of
Riverside Drive, North 050 01'18" East fora distance of 173.26'to a MAG nail set, said
point being the northwesterly corner of said 1.357 acre tract; thence,
Along a portion of the northerly line of said 1.357 acre tract, South 880 06' 15" East for
a distance of 40.06' to an iron pin set, said point being the intersection of the northerly
line of said 1.357 acre tract and the easterly right-of-way line of Riverside Drive; thence,
Along a line through said 1.357 acre tract and along the easterly right-of-way line of
Riverside Drive, South 05° 01' 18" West for a distance of 147.96' to the point of
beginning, containing 0.336 acres of land, more or less, of which 0.336 acres is within the
Present Road Occupied (P.R.O.), as determined by Michael L. Keller, Professional
Surveyor, Ohio License No. 7978, based on a survey performed by The Kleingers Group
in February, 2018.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-
NSRS2007), with a portion of the centerline of Bright Road being South 880 27' 21" East
based on a GPS survey utilizing CORS Station "COLB".
Iron pins set are 5/8" diameter rebar, 30" in length, with plastic identifier caps stamped
`THE KLEINGERS GROUP".
Subject to any easements, restrictions, covenants, ordinances or agreements of record.
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Michael L. Keller
Professional Surveyor, Ohio License No
DESCRIPTION VERIFIED
CORNL-LL R. ROBERTSON. P F. P.S.
7978
0.33(c AC
'J,
Date
INSPIRED PEOPLE ' CREATIVE DESIGN "TRANSFORMING COMMUNITIES
LOT 17, SEC 2, TWP 2, R 19 USML; CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
BASIS OF BEARINGS: Q)
BEARINGS ARE BASED ON THE STATE PLANE COORDINATE n
SYSTEM, OHIO SOUTHZONE (NAD83-NSRS2007) WITHA PORTION -�
OF THE CENTERLINE OF BRIGHT ROAD BEING S 88°27'29"E p O
BASED ONA GPS SURVEY UTILIZING CORS STATION "COLB"
_ o C) I RIVER KNOLLS
m b ADDITION
_ Cn PB 23 PG 33
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RlI/ERSIDEDRIVE ~
(S R, 257,• 80'R/W)
N05°01'18E 973.26' —CIL
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0 5/8" CAPPED IRON PIN SET I A
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O I " IRON PIPE FOUND
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��Q'.,..►�-"~"'�,.,ti�0 '•,' I 25.09' DB 3579 PG 391
f MICHAEL 11 I I I 1.703 ACRES
7978 11y
p. -7 .31/x'
OMICHAEL L,
SS/paA� � ELLER DATE
OHIO PROFESSIONAL SURVEYOR N0. 7978
EXHIBIT B
PROJECTNO:
170474.000
PARCEL 8-1.1
DATE:
7/02/18
!CIVIL ENGINEERINGSANITARY
SEWER
SCALE.' 7"=50'
THE
KLEINC.7 ERs
GROUP
j SURVEYING LANDSCAPE
ARCHITECTURE
' ww.kleingers.com
Worthington Rd
sw�°e
s 4.882,43,OH430E2
AND WATER LINE
EXTENSIONS -AREAS
4A, 4B, 4C AND
BRIGHT ROAD
_
0 25
50 100
sHEErNo.
I
OF1
CUL-DE-SAC
:*:/:11:3111re1
Parcel 8-U 1
SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C
AND BRIGHT ROAD CUL-DE-SAC
PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES,
STORM DRAINAGE AND GRADING
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO
Situated in the City of Dublin, County of Franklin, State of Ohio, also being a part of Lot 17, Section 2,
Township 2, Range 19 United States Military Lands, also being a part of Franklin County Auditor's tax
parcel number 273-008762, a 1.357 acre tract as conveyed to John E. & Sally S. Leppert as described in
Instrument No. 201311060186158, being more particularly described as follows:
Beginning at the intersection of the easterly right-of-way line of Riverside Drive (State Route #257, 80' right-
of-way) and the northerly right-of-way line of Bright Road (County Road #166, 35' right-of-way), said point
being the TRUE POINT OF BEGINNING, and from said beginning point running thence,
Along a line through said 1.357 acre tract and along the easterly right-of-way line of Riverside Drive, North
050 01' 18"East fora distance of 147.96'to a point, thence,
Along a portion of the northerly line of said 1.357 acre tract, South 880 06' 15" East for a distance of
20.03'to a point, thence,
Along a line through said 1.357 acre tract and along a line parallel and 20.00' distant to the easterly right-
of-way line of Riverside Drive, South 050 01'18" West fora distance of 147.84'to a point, thence,
Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, North
880 27'21" West fora distance of 20.04'to the point of beginning, containing 0.068 acres of land, more
or less.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), based on
a GPS survey utilizing CORS Station "COLB".
Subject to any easements, restrictions, covenants, ordinances or agreements of record
5, OF
0y�o
MICHAEL L.
K978R
\\� QVPI.y'//
Professional Surveyor, Ohio License No. 7978
INSPIRED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES
LOT 17, SEC 2, TWP 2, R 19 USMLI CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
BASISOFBEAR/NGS:
BEAR/NGSAREBASED ON THESTATEPLANE COORDINATE
SYSTEM, OHIO SOUTHZONE (M083-NSRS2007) W/THA
PORTION OF THE CENTERLINE OF RIVERSIDE DRIVE BEING
N050 01' 18°ERASED ONA GPS SURVEY UTILIZING CORS
STATION COLS".
I I I
I
I
I
I 273-008730-00
I TAMARA L. BROWN
725ORIVERSIDEDR
OR 278871--17
S88006'15'E 1.038ACRES
20.03' P2
I
8-U1
r PERPETUAL EASEMENT
2000 FOR THE
CONSTRUCTIONAND
a MAINTENANCE OF
A
762-00
W - W PUBLIC UTILITIES, JOHME. & �Y L PPERT
STORMDRAINAGEAND 4780BRIGHTRD
h o GRADING /N. 201311060186158
0.068 ACRES 1.357ACRES
I
30.00' 50.00' I
I I
I P.O.B. N882771TV$ P'W — — — —
20.04' N
_ BRIGHT ROAD
(C.R. 166, 3b'RANJ—
I
S O
273-008395-00
I THOMAS A. MCDO WELL
I 0 RIVERS/DEDR
OR 31142 H-08
PARCEL #5
17.370ACRES
I
i
E OF
Oy�o
MICHAEL
K978R
7/03/18
MICHAEL L. p OHIO PROFESSIONAL SURVEYOR N0. 7978 LER DATE
EXHIBIT B
PROJECTNO.
170474.000
PARCEL S -U1
DATE.'
7103/1S
_
CML ENGINEERING
SURVEYING SURVEYING
SANITARY SEWER
Sa4LE-' +"_50'
AND WATER LINE
_
MCHIleingers.com MRE
EXTENSIONS -AREAS
o 25
so 100
THE
KLEI NGERS
M Min9b�Rd
4A, 4B, 4C AND
SHEETNO.
GROUP
B,V3�MI4N,j,'OH63082
BRIGHT ROAD
1
OF 1
CUL-DE-SAC
:*:/:11:3111re1
Parcel 8-U2
SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C
AND BRIGHT ROAD CUL-DE-SAC
PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES,
STORM DRAINAGE AND GRADING
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO
Situated in the City of Dublin, County of Franklin, State of Ohio, also being a part of Lot 17, Section 2,
Township 2, Range 19 United States Military Lands, also being a part of Franklin County Auditor's tax
parcel number 273-008762, a 1.357 acre tract as conveyed to John E. & Sally S. Leppert as described in
Instrument No. 201311060186158, being more particularly described as follows:
Commencing at the intersection of the easterly right-of-way line of Riverside Drive (State Route #257, 80'
right-of-way) and the northerly right-of-way line of Bright Road (County Road #166, 35' right-of-way),
thence,
Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, South
880 27' 21" East fora distance of 20.04'to a point, said point being the TRUE POINT OF BEGINNING,
and from said beginning point running thence,
Along a line through said 1.357 acre tract, North 050 01' 18" East for a distance of 15.53' to a point,
thence,
Along a line through said 1.357 acre tract, South 610 48' 20" East for a distance of 12.27' to a point,
thence,
Along a line through said 1.357 acre tract, parallel and 10.00' distant to the northerly right-of-way line of
Bright Road, South 880 27' 21" East fora distance of 188.78'to a point, thence,
Along a line through said 1.357 acre tract, South 010 32' 33" West fora distance of 10.00' to a point,
thence,
Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, North
880 27'21" West fora distance of200.69'to the point of beginning, containing 0.047 acres, more or less.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), based on
a GPS survey utilizing CORS Station "COLB".
Subject to any easements, restrictions, covenants, ordinances or agreements of record
5, OF
0y�o
MICHAEL L.
K978R
Michael L. Keller
Professional Surveyor, Ohio License No. 7978
7/03/18
Date
INSPIRED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES
LOT 17, SEC 2, TWP 2, R 19 USMLI CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
BASISOFBEAR/NGS:
BEAR/NGSAREBASED ON THESTATEPLANE COORDINATE
SYSTEM, OHIO SOUTHZONE (M083-NSRS2007) W/THA
PORTION OF THE CENTERLINE OF RIVERSIDE DRIVE BEING
N050 01' 18°ERASED ONA GPS SURVEY UTILIZING CORS
STATION COLS".
I
I
I
I
'0. C.Ah,_ err
S88 2771 E/
20.04' N
P. q.
I
S
-E OF
0
273-008730-00
TAMARA L. BROWN
725ORIVERSIDEDR
OR 278871--17
1.038ACRES
PERPETUAL EASEMENT
FOR THE
CONSTRUCTIONAND
MAINTENANCE OF
PUBLIC UTILITIES,
STORMDRAINAGEAND
GRADING
0.047ACRES
S88°2721E 188.78'
L1.j1
N88 2721'W 200.69'
273-008762-00
JOHNE. & SALLYS LEPPERT
4780 BRIGHT RD
IN. 201311060186158
1.357ACRES
BRIGHT ROAD
,..R. 166 35'RANJ - -�-P2
---plw--
273-008395-00
THOMAS A. MCDO WELL
0 RIVERS/DEDR
OR 31142 H-08
PARCEL #5
17.370ACRES
MICHAEL L. "KELLER
OHIO PROFESSIONAL SURVEYOR N0. 7978
I
7/03/18
DATE
EXHIBIT B
PROJECTNO.
170474.000
PARCEL S -U2
DATE.'
7M MS
_
CML ENGINEERING
SURVEYING SURVEYING
SANITARY SEWER
Sa4LE-' +"_50'
AND WATER LINE
_
MCHIlECMRE.com
EXTENSIONS -AREAS
o 25
so 100
THE
KLEI NGERS
M Min9b�Rd
4A, 4B, 4C AND
SHEETNO.
GROUP
B,V3�MI4N,j,'OH63082
BRIGHT ROAD
1
OF 1
CUL-DE-SAC
273-008737
' R
s.
273-008730
273-008653
i
5
0
273-008762-00
JOHN E. & SALLY S. LEPPERT
4780 BRIGHT RD
IN. 201311060186158 1
1.357ACRES (ORIGINAL)
1.019 ACRES (REMAINDER)
I
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I
I
I
8 1
U2 1
8 1
U1 1
8 1
WD 1
iwa
DATE: 07/03/2018
City of Dublin
OHIO, USA
273-008654
LEGEND
PROPOSED RIGHT-OF-WAY
8 -WD: GROSS = 0.336 Ac.
P.R.O. = 0.336 Ac.
NET = 0.000 Ac.
PROPOSED PERPETUAL
PUBLIC UTILITY EASEMENT
8-U 1: 0.068 Ac.
PROPOSED PERPETUAL
PUBLIC UTILITY EASEMENT
8-U2: 0.047 Ac.
0
273-008396
RSIDE DRIVE
w-
273-008804
8 -WD, 8-U1, 8-U2
SANITARY SEWER AND
WATERLINE EXTENSIONS -
AREAS 4A, 4% 4C AND
BRIGHT ROAD CUL-DE-SAC
DUBLIN, OHIO 43016
Mrd
273-008611
SCALE: 1"= 50'
0 25 50 100