HomeMy WebLinkAboutOrdinance 058-18Dayton Legal Blank, Inc.
58-18
Ordinance No.
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND
CONTRACTS TO ACQUIRE A 0046 -ACRE TEMPORARY
CONSTRUCTION EASEMENT AND A U.253 -ACRE FEE SIMPLE
WARRANTY DEED FOR RIGH' -OF -WAY, WITHOUT LIMITATION
OF EXISTING ACCESS RIGHTS FROM MOLLIE SIN-KHAY AND
KHOUN KHAY AND TEAV SINM, LOCATED AT 6236 RINGS 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's is preparing to construct the Tuttle Crossing
Boulevard Extension and Avery Road Improvements project (the "Project'; and
WHEREAS, the Project requires that the City obtain a temporary construction easement
and a fee simple warranty deed for public right-of-way, without limitation of existing
access rights from the parcel identified as Franklin County parcel number 274-000067,
owned by Mollie Sin -Khat' and Khoun Khay and Teav Sinn (the "Grantors'}, as described
in the attached Exhibits A and depicted in the attached Exhibits B; and
WHEREAS, the City, through its acquisition agent for the Project, and the Grantors
participated in good faith discussions and have come to mutually agreeable terms for the
acquisition of the necessary property interests for the sum of $22,316.00, which is the
appraised value of the property interests; and
WHEREAS, the City desires to execute and accept necessary documents to complete the
transaction between the City and the Grantors.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware,
Franklin, and Union Counties, State of Ohio, of the elected members concurring
that:
Section 1, The City Manager is hereby authorized to execute and accept all necessary
documents to acquire a 0.046 -acre temporary construction easement and a 0.253 -acre
fee simple warranty deed for public right-of-way, without limitation of existing access
rights, from Mollie Sin-Khay and Khoun Khay and Teav Sinn, for the appraised value of
$22,316.00, said property interests located within the parcel identified as Franklin County
parcel number 274-000067, and more fully described and depicted in the attached Exhibits
A and B.
Section 2. 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
without further legislation being required.
Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin
ATT
Cleii of C ncil
�gt�h;lc�
2018.
Office of the C*Ity Manager
5200 Emerald Parkway * Dublin, OH 43017
CU4"' t y o u b I n Phone,, 614.410.4400 # Fax,,- 614.410.4490
To.s Members of Dublin City Council
From.,v Dana L. McDaniel, City Mana
Dateiv August 23, 2018
Initiated By,,w Paul A. Hammersmith, Director of Engineering
lean -Ellen Willis., PE, Engineering Manager - Transportation
Philip K. Hartmannf Assistant Law Director
Re.: Ordinance Nos, 56-18 through 58-18
Acquisition of Right -of -Way and Easements
Tuttle Crossing Boulevard Extension and Avery Road
Improvements (13-013-CIP)
Ordinance 58-18
LN_l�ll_V'
The Project requires the acquisition of property interests from multiple property owners on Tuttl
Crossing Boulevard, Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court. I
The City, through its acquisition agent, has come to mutually .r: terms with multiple
property owners in connection with the Project. The property acquisitions from these owners
consists of the following property interests from the named property owners, as depicted in the
map attached hereto:
Ord. Nos. 56-18, 57-18 and 58-18 — Acquisition of Property Interests
August 23, 2018
Page 2 of 3
...............
Property Owner Property Interests
pe Auditor Acquisition Pr'o
Pa
rcel ID
Number
Manlj*eh Firouzian,, Trustee of 0.018 acre Temporary 273-008180 $1,01-0
the Manlj'eh Firouzian Construction Easement
Revocable Trust Agreement
(Farce{ 22 -
5400 Wilcox Rd,
The details regarding each property acquisition are as follows:
Man1'*3*eh FI*rouzl*an,, Trustee of the Man1jeh Firouzl"an Revocable Trust Agreement, The
property is located on the east side of Wilcox Road, north of the Tuttle Crossing Boulevard, at
5400 Wilcox Road, Dublin, Ohio 43016. The City participated in good faith discussions with Manije
Firouzian resulting in mutually agreeable terms for the acquisition of the property interest for the
appraised value, which was $1,010,
Nos. 56-18, 57-18 and 58-18 -- Acquisition of Property Interests
U
August 23,, 2018
Page 3 of 3
Mollie Sin-Khay and Khoun Khay and Teav Sinn: The property is located on the north side o
Rings Road, west of Avery Road, at 6236 Rings Road, Dublin, Ohio 43016. The City participated 1
good faith discussions with Mollie Sin-Khay and Khoun Khay and Teav Sinn resulting in mutually
agreeable terms for the acquisition of the property interest for the appraised value, which was
$22f 316. 1
These Ordinances authorize the City Manager to execute all necessary conveyance documents t*
formally acquire the necessary property 'Interests from each property owner.
Staff recommends adoption of Ordinances Nos. 56-18, 57-18, and 58-18 at the second reading/public
hearing on September 10, 2018, as these ordinances authorize the City Manager to execute all
necessary conveyance and contract documents to formally accept the necessary property interests
�escribed above.
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Figure 1: Project Overview Map "
13-013-CIP Tuttle Crossing Boulevard Extension and Avery Road Widening Project, Phase 1
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EXHIBIT A Page 1 oft
LPA RX 851 WD Rev. 06/09
Ver. Date 03/13/2017
PARCEL 58 -WD
PID 99815
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENT
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
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).
[Surveyor's description of the premises followsl
Situated in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia
Military Survey Number 3004, and being part of that 2.229 acre tract described in a deed to Mollie
Sin-Khay and Khoun Khay and Teav Sinn, of record in Instrument Number 201701300014404, all
records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being a
parcel on the left side of the proposed centerline of construction for Rings Road, as delineated on the
centerline plat for Tuttle Crossing Boulevard and Avery Road Improvements, of record in Plat Book
_, Page , said parcel being more particularly bounded and described as follows:
Commencing for reference at Franklin County Geodetic Survey monument number 1934, said
monument being at the intersection of the existing centerline of right-of-way for Rings Road and the
existing centerline of right-of-way for Avery Road (South), said point being 3.73 feet left of Rings
Road proposed centerline of construction Station 322+93.56;
Thence South 85 degrees 26 minutes 57 seconds West, along the existing centerline of right-of-way
for Rings Road, a distance of 464.85 feet to a MAG nail set at the southeast corner of said 2.226 acre
tract, being at the southwest comer of that 1.114 acre tract described in a deed to Matthew B. Brown,
of record in Instrument Number 201412030160512, said MAG nail being on the north line of that
22.624 acre tract described in a deed to Angelo J. Dallas, or his successor, as Trustee under the
Angelo J. Dallas Trust Agreement dated May 17, 1996 (1/2 -interest), of record in Instrument Number
199804100085905 and Dolores D'Amico, Valerie M. Scheel and Jodelle M. D'Amico, as Trustees
under the Dolores D'Amico Family Trust (aka Dolores D'Amico Trust) dated February 13, 2002
(1/2 -interest), of record in Instrument Number 200407130162385, said MAG nail being at Rings
Road proposed centerline of construction Station 318+28.32, and said MAG nail being the TRUE
POINT OF BEGINNING for this description.
EXHIBIT A Page 2 of 2
LPA RX 851 WD Rev. 06/09
Thence South 85 degrees 26 minutes 57 seconds West, continuing along the existing centerline of
right-of-way for Rings Road, along the south line of said 2.229 acre tract and along the north line of
said 22.624 acre tract, a distance of 200.00 feet to a MAG nail set at the southwest corner of said
2.229 acre tract, being at the southeast comer of that 2.229 acre tract described in deeds to Harry D.
Miller aka Harry David Miller and Anna Louise Miller, of record in Instrument Number
200307230228395 and Instrument Number 201401130004548, said MAG nail being at Rings Road
proposed centerline of construction Station 316+28.32;
Thence North 04 degrees 32 minutes 03 seconds West, along the west line of said Sin-Khay tract
and along the east line of said Miller tract, a distance of 55.00 feet to an iron pin set, said iron pin set
being 55.00 feet left of Rings Road proposed centerline of construction Station 316+28.33;
Thence North 85 degrees 26 minutes 57 Seconds East, across said Sin-Khay tract, a distance of
200.00 feet to an iron pin set on the east line of said Sin-Khay tract, being on the west line of said
1.114 acre tract, said iron pin being 55.00 feet left of Rings Road proposed centerline of construction
Station 318+28.33;
Thence South 04 degrees 32 minutes 03 seconds East, along the east line of said Sin-Khay tract
and along the west line of said 1.114 acre tract, a distance of 55.00 feet to the TRUE POINT OF
BEGINNING for this description.
The above described right-of-way parcel contains a total area of 0.253 acres (0.138 acres lies within
the present road occupied) located within Franklin County Auditor's parcel number 274-000067.
The bearings described herein are based on Grid North as referenced to the Ohio State Plane
Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as
established utilizing a GPS survey and an NGS OPUS solution.
Iron pins set are 30" by 5/8" diameter rebar with caps stamped "ASI PS -8438"
The above described right-of-way parcel was prepared under the direct supervision of Brian P.
Bingham, Registered Professional Surveyor No. 8438 on March 13, 2017, is based on an actual
survey performed by American Stmcturepoint, Inc., and is true and correct to the best of my
knowledge and belief.
``epee neeeq�'
American Stmcturepoint, Inc. Of
BRIAN P. of7
Brian P. Bingham, PS = .0 BINGHAM Z Date
Registered Professional Surveyor No. 8438 = 9 •.
Q - It D - IP LO'oF'9........
E?��
51 10
C) .Jt_ a 1,- r�e�nuep��` BY. \ .
C'}.a`k-) DATE: Str, J
T
City of Dublin, Ohio
IP
O'=�
00 STRUCTUREPOI- M
Tuttle Crossing
Boulevard Fact.
and Avery Road
Improvements
Fxhibit"B"
0.253 Ac.
Warranty
Deed
sa,i.: r=en
Parcel
58 -WD
Sheet
1 of 1
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Situated in the State
of
Ohio
County
of Franklin, City
of
Dublin
Virginia
Military Survey
No.
3004
N ,
b 3 N ,aaRll
PID: 274-000067 oma
Mollie Sin—Khay and Khoun Khay 0oioa
and Teav Sinn s< a®
I.N. 201701300014404 NA—
— SCALE: 1"=60'
2.229 Acres N
asi
J _
a
SO4'32'03"E Point of
N04'32'03"W Beginning
55.00' 55.00' \Qz Point of
200.00' Rcfcrcnrc
113388 AA�O/// �' x
/Si 5TW — 200.00 / _
585'26'57"W J
464.85'
o CF of R/W�
—
Rings Road Avery Road
EX Rp W 74-0the Angela J. Dallas
as Tru, tee1996 e(1/2— (1/2—int)
Agreement
ngelo J. Dal Trust rhis sdoted May
N. 7.
1993041100085905 4as Trustee
�1 P S �" iron pin set w/
Dolores D'Amico, valerie M. Scheel and
T us o�aka Dolores D'Amico Trust) "Structurepoint—PS 8438" cap
under the Doloresda edmFebruaryl l3, 2002 (1/2-1nt) • M.N.S. MAG nail set
I.N. 2206241 Acres 385
QLP.F, iron pipe found
® F.C.G.S. Monument
Basis of bearing:
Bearings shown hereon are based on grid north as referenced to the
Ohio State Plane Coordinate System (South Zone) and the North American
Datum
f OPUS (2011 Adjustment). as established utilizing a GPS survey
and NGSsolution. �E Of Oz�','
gyp. •..ti� ''s
I hereby certify that: BRIAN P
This drawing represents the results of an actual field survey GINGHAM
of the premises performed by American Structurepoint. Inc., and Vt ��=
is true and correct to the best of my knowledge and belief. :P 8438 .O _
•� ��%f?D/7 9FG.g7E
Brian P. Bingham, P.S. No. 8438 Date 'tee `ij� ..............
American Structurepoint, Inc. "-�!ONALS�p�
EXHIBIT A Page 1 of 2
LPA RX 887 T Rev. 07/09
Ver. Date 3/13/2017 PID 99815
PARCEL 58-T
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
TEMPORARY EASEMENT FOR THE PURPOSE OF
PERFORMING THE WORK NECESSARY TO
COMPLETE GRADING
FOR 24 MONTHS FROM DATE OF ENTRY BY THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
[Surveyor's description of the premises follows]
Situated in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia
Military Survey Number 3004, and being part of that 2.229 acre tract described in a deed to
Molly Sin-Khay and Khoan Khay and Teav Sinn, of record in Instrument Number
201701300014404, all records referenced herein are on file at the Office of the Recorder for
Franklin County, Ohio, being a parcel on the left side of the proposed centerline of construction
for Rings Road, as delineated on the centerline plat for Tuttle Crossing Boulevard and Avery
Road hnprovements, of record in Plat Book , Page . said parcel being more
particularly bounded and described as follows:
Commencing for reference at a MAG nail set on the existing centerline of right-of-way for Rings
Road, said MAG nail being at the southeast comer of said 2.229 acre tract, being the southwest
comer of that 1.114 acre tract described in a deed to Matthew B. Brown, of record in Instrument
Number 201412030160512, said MAG nail being on a north line of that 22.624 acre tract
described in deeds to Angelo J. Dallas, or his successor, as Trustee under the Angelo J. Dallas
Trust Agreement dated May 17, 1996 (1/2 interest), of record in Instrument Number
199804100085905, and Dolores D'Amico, Valerie M. Scheel and Jodelle M. D'Amico, as
Trustees under the Dolores D'Amico Family Trust (aka Dolores D'Amico Trust) dated February
13, 2002 (1/2 interest), of record in Instrument Number 200407130162385, and said MAG nail
being at Rings Road proposed centerline of construction Station 318+28.32;
Thence North 04 degrees 32 minutes 03 seconds West, along the east line of said 2.229 acre
tract and along the west line of said 1.114 acre tract, a distance of 55.00 feet to an iron pin set at
the northwest comer of a proposed right-of-way parcel for Rings Road, (passing a 3/4" bent iron
pipe at a distance of 29.72 feet offline 0.06 feet to the right), said iron pin being 55.00 feet left of
Rings Road proposed centerline of construction Station 318+28.33, and said iron pin being the
TRUE POINT OF BEGINNING for this description;
EXHIBIT A Page 2 of 2
LPA RX 887 T Rev. 07/09
Thence South 85 degrees 26 minutes 57 seconds West, along the north line of said proposed
right-of-way parcel, and across said 2.229 acre tract, a distance of 200.00 feet to an iron pin set
on the west line of said 2.229 acre tract, being on the east line of that 2.229 acre tract described
in deeds to Harry D. Miller, of record in Instrument Number 200307230228395 and Instrument
Number 201401130004548, said iron pin being at the northwest comer of said right-of-way
parcel, and said iron pin being 55.00 feet left of Rings Road proposed centerline of construction
Station 316+28.33;
Thence North 04 degrees 32 minutes 03 seconds West, along the west line of said Sin-Khay
tract and along the east line of said Miller tract, a distance of 10.00 feet to a point, said point
being 65.00 feet left of Rings Road proposed centerline of construction Station 316+28.33
Thence North 85 degrees 26 minutes 57 seconds East, across said Sin-Khay tract, a distance of
200.00 feet to a point on the east line of said Sin-Khay tract, being on the west line of said 1.114
acre tract, said point being 65.00 feet left of Rings Road proposed centerline of construction
Station 318+28.34;
Thence South 04 degrees 32 minutes 03 seconds East, along the east line of said Khay tract
and along the west line of said 1.114 acre tract, a distance of 10.00 feet to the TRUE POINT
OF BEGINNING for this description.
The above described temporary easement contains a total area of 0.046 acres located within
Franklin County Auditor's parcel number 274-000067.
The bearings described herein we based on Grid North as referenced to the Ohio State Plane
Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as
established utilizing a GPS survey and an NGS OPUS solution.
Iron pins set are 30" by 5/8" diameter rebar with caps stamped "ASI PS -8438".
The above described temporary easement was prepared under the direct supervision of Brian P.
Bingham, Registered Professional Surveyor No. 8438 on March 13, 2017, is based on an actual
survey performed by American Structmepoint, Inc., and is true and correct to the best of my
�puuuq.
knowledge and belief. "Ito" le OF 0
American Structurepoint, Inc.`
Cb
�f BRIAN P.
•� BINGHAM ?L-7— ZDI-7
Brian P. Bingham, PS ��p :, 84.38 a : /?O Date
Registered Professional Surveyor No. 8438 FQ/STE?�
O........ ..
City of Dublin, Ohlo
-E
on
�om STROCTUR�OMf
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TuHle Crossing
Boulevard Ext.
and Avery Road
Improvements
Exhibit "B"
0.046 Ac.
Temporary
Easement
snie: r -m
Parcel
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Sheet
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proposed 55' right-of-way parcel -p-N EX R/W
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RingsfRoad �Ex R/W
SEX R/ PID, 2�02t Angelo J, Dolla �" iron pin set w/
as Trustee under the 9I.P.S. Structurepoint-PS 8438" cap
Angelo J. Dallas,
or his successor, 1996 (1/2 -int)
Trust AgreemleNt 99804100085905 • M.N.S. MAG nail set
and as Trustees QIP.F. iron pipe found
d Jodelle M. 0•AmICa. t)
D'Amico. Valerie M. Scheel an ust aka Dolores 0 Arnica Trus
Situated in the State of Ohio
0 20' 4D'
under
daDed^iFebrucry
200407130162385
®
County of Franklin, City of Dublin
SCALE: 1"=40'
Virginia Military Survey No. 3004
bearing:Basis of
+ r
Bearings shownhereon are based on grid north as referenced to the
J
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+++++•(EOF O'0,00i
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and NGS OPUS solution.
BRIAN P. ,•'
o_
- GINGHAM
This drawing represents the results of an actual field survey
'a=
PID: 274-000067
N
is true and correct to the best of my knowledge nd belief.
Mollie Sin—Khay and Khoun Khay
�
o$Nal
and Teav Sinn
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American Structurepoint, Inc.
N 201701300014404
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proposed 55' right-of-way parcel -p-N EX R/W
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Ex R/W�
z �S.
rk
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RingsfRoad �Ex R/W
SEX R/ PID, 2�02t Angelo J, Dolla �" iron pin set w/
as Trustee under the 9I.P.S. Structurepoint-PS 8438" cap
Angelo J. Dallas,
or his successor, 1996 (1/2 -int)
Trust AgreemleNt 99804100085905 • M.N.S. MAG nail set
and as Trustees QIP.F. iron pipe found
d Jodelle M. 0•AmICa. t)
D'Amico. Valerie M. Scheel an ust aka Dolores 0 Arnica Trus
Dolores
the Dolores 13Tr 2002 (1/2 int)
under
daDed^iFebrucry
200407130162385
LN.
22.624 Acres
bearing:Basis of
+ r
Bearings shownhereon are based on grid north as referenced to the
Ohio State Plane Coordinate System (South Zone) and the North American
+++++•(EOF O'0,00i
,�P'...... ,• ,�/
Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey
Z5'••�
and NGS OPUS solution.
BRIAN P. ,•'
I hereby certify that:
- GINGHAM
This drawing represents the results of an actual field survey
'a=
of the premises performed by American Structurepoint. Inc.. and
'A� •'•
is true and correct to the best of my knowledge nd belief.
gFOf8A38 i�Oy
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Brian P. Bingham, P.S. No. 8438 Date"O
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American Structurepoint, Inc.
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Tuttle Crossing Boulevard Extension and Avery Road Widening, Phase 1
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