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Home My WebLink AboutOrdinance 085-18RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 85-18 Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.011 - ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF- WAY, WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS FROM J. LARRY FLECK, 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 fee simple warranty deed for public right-of-way, without limitation of existing access rights from property that does not have a Franklin County parcel number, which was last owned by 1. Larry Fleck (the "Grantor', as described in the attached Exhibit A and depicted in the attached Exhibit B; and WHEREAS, the City, through its acquisition agent for the Project, and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of $300.00, which is the appraised value of the property interest; and WHEREAS, the City desires to execute and accept necessary documents to complete the transaction between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED by the Co ncil of the City of Dublin, Delaware, Franklin, and Union Counties, ,Mate 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 0.011 -acre fee simple warranty deed for public right- of-way, without limitation of existing access rights from J. Larry Fleck, for the appraised value of $300.00, as 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 Ordinan Revised Charter. / hall take effect in accordance with 4.04(b) of the Dublin I ! : Clerk of Council r� , Zois. Ordinance 85-18 Office of the City Manager Dublin 5200 Emerald parkway s Dublin, OH 43017-1090 Cit of Dublin Phone: 614,410,4400 o Fax: 614.410,4490 Memo To: Members of Dublin City Council nAl From: Dana L. McDaniel, City Mana Date: October 30, 2018 Initiated By; Paul A, Hammersmith, Director of Engineering Jean -Ellen Willis, PE, Engineering Manager - Transportation Philip K. Hartmann, Assistant Law Director Re: Ordinance Nos. 81.18 through 85.18 Acquisition of Right -of -Way and Easements Tuttle Crossing Boulevard Extension and Avery Road Improvements (13-013-CIP) BACKGROUND The Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project' provides for the extension of Tuttle Crossing Boulevard from its current terminus at Wilcox Road to Avery Road, and includes improvements along Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court, as shown in the attached Figure 1, Project Overview Map, The Project includes the construction of a four -lane boulevard with curb and gutter, shared -use path, sidewalk, street lights, a multi -use tunnel, and landscaping, In the 2019-2023 Capital Improvements Program (CIP), site acquisition is programmed in 2018- 20191 utility relocation is programmed in 2019, and construction and landscaping are programmed in 2020, Currently, the Project is planned to be funded through service payments from the Rings/Frantz Tax Increment Financing (TIF) District and the Thomas/Kohler TIF, an advance from the General Fund, City of Columbus contribution of $2,800,000, private developer contributions of $635,786 and a $7,000,000 grant through the Mid -Ohio Regional Planning Commission (MORPC) attributable funding. However, a gap in funding still exists and the timing of construction is subject to change, The Project requires the acquisition of property interests from multiple property owners on Tuttle Crossing Boulevard, Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court, ACQUISITION The City, through its acquisition agent, has come to mutually agreeable 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, Property Owner I Property interests Auditor Acquisition Price Parcel ID —.. _ Number Edwards Avery Road, LLC 0,013 acre Temporary 010-220108 $340 (Parcel 13 - I Construction Easement 5300 Avery Rd) Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd Extension and Avery Rd Improvements October 30, 2018 Page 2 of 3 Edmund LM and Donna K. Krohn (Parcel 36 _ 0,007 acre Temporary �� 27000094- � $300 Construction uct on Basement 5508 bra �t�....._M�.;.,:�.. Larry S, Kincaid ....__..._ �.......�.�_._.�...�... 10.036 acre Standard 274.000089 �_ .....:_.�..�;.. $8,431 I: (Parcel 37 - Highway Easement 5509 Cara Ct) j 0,009 acre Temporary Matthew B, Brown Construction Easement 0,126 acre RjW including 27400006._. $9x475 (Parcel - 0,069 acre P,R,O 6228 Rings Rd) 0.023 acre Temporary i W J, Larry Fleck j Construction Easement 0,011 RJW including acre n/a j $300 (Panel 62 - 0,011 acre P,R,O, j Avery Rd) P O, stands for Present Road Occupied, which means that this portion roadway easement of the acquisition is already encumbered with a The details regarding each property acquisition is as follows; Edwards Avery Road LLC: The property is located on the east side of Avery Road, south of Tuttle Crossing Boulevard, at 5300 Avery Road, Dublin, Ohio 43016, The City participated in good faith discussions with Edwards Avery Road LLC, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $340, Edmund L. and Donna K. Krohn; The property is located on the east side of Cara Court, north of Cara Road, at 5508 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions with Edmund L, and Donna K, Krohn, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $300. Larry S, Kincaid: The property is located on the west side of Cara Court, north of Cara Road, at 5509 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions with Larry S, Kincaid, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $8,431, Matthew B, Brown: The property is located on the north side of Rings Road, west of Avery Road, at 6228 Rings Rd, Dublin, Ohio 43016, The City participated in good faith discussions with Matthew B, Brown, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $9,475, J. Larry Fleck; The property is located in the roadway at the Avery Road and Cara Road intersection, The parcel is a result of a missed survey split from an earlier acquisition. The entire area is within an easement classified as Present Road Occupied (P.R,O,), This acquisition will convert the easement into permanent right-of-way. The City participated in good faith discussions with J, Larry Fleck, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $300, These Ordinances authorize the City Manager to execute and accept on behalf of the City all necessary conveyance documents to formally acquire the necessary property interests from each property owner, Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd Extension and Avery Rd Improvements October 30, 2018 Page 3 of 3 RECOMMENDATION Staff recommends adoption of Ordinances Nos, 81.18, 82-18, 83-18, 84.18 and 85-18 at the second reading/public hearing on November 19, 2018, as these ordinances authorize the City Manager to execute all necessary conveyance and contract documents to formally accept the necessary property interests described above, _ 22 40k or T L ■ L ■ _IL ■ MOL 0.— R ■ &hf.--E- RT _ I L . ■0 : 3M 01 • NEI I. - r _IS I M ON T • • • • 1 L - � L ■ NO ■ Ir 1 L r 1 1 _ Ir • • 1 JL'_ 1IS + i �� r 111011 1 R • • • • • i 1W 9m IL r Isom u ■ r • ■ i _ MF -E 1 1 _ 1 : SIMON 1 ■ ■ • _ No M win ■ �I.y..■1 ON oil 1 0 Mir ENV *L a MM =Q;.- 0 " - • - - rrM _ ' ' 1. - — _ 1 J Its' mix AM 0 ua.. _ I ■ ■ ■ 1 - mW 0 mks; and� 0 Ell ON ind W; 1 1• _ ■ MP– ■ % 0 ONFEE, 0 1 ■ - '- _ • ■ MW 0 ■0 ME■� t - NO Mal N; IMM ■ 111 III �� / ` IS M NE ' on • + 'A _ ` l+ NO in _ - - `1L In on ■ �4� _ 1 it J �i • o� ' . 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Date 05/23/2017 Page 1 of 2 Rev. 06/09 PID 99815 PARCEL 62 -WD TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS 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 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 original 56.917 acre tract described in a deed to J. Larry Fleck, of record in Deed Book 3581, Page 316, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being a parcel on the right side of the proposed centerline of construction for Avery 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: BEGINNING 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 (West) and the existing centerline of right-of-way for Avery Road (South), being at the northeast corner 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, Dolores D'Amico, Valerie M. Scheel and Jodelle 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, being on the south line of that 0.8122 acre tract described in a deed to City of Dublin, Ohio, of record in Instrument Number 200803040032341, and said monument being 46.11 feet right of Avery Road proposed centerline of construction Station 126+41.19; Thence North 85 degrees 26 minutes 57 seconds East, along the existing centerline of right-of-way for Rings Road, along the north line of said original 56.917 acre tract, and along the south line of said 0.8122 acre tract, a distance of 15.78 feet to Franklin County Geodetic Survey monument number 8847, said monument number 8847 being at the intersection of the existing centerline of right-of-way for Rings Road (West) and the existing centerline of right-of-way for Avery Road (North), being at the southeast corner of said 0.8122 acre tract, being at the southwest corner Miller Estates, as established by Plat Book 43, Page 75, being at a northwest corner of Miller Estates No. 2, as established by Plat Book 49, Page 43, and said monument number 8847 being 61.66 feet right of Avery Road proposed centerline of construction Station 126+41.19; EXHIBIT A Page 2 of 2 LPA RX 851 WD Rev. 06/09 Thence South 11 degrees 03 minutes 32 seconds West, along a west line of said Miller Estates No. 2 and across said original 56.917 acre tract, a distance of 31.05 feet to a MAG nail set at the southwest corner of said Miller Estates No. 2, being on the north line of a 0.233 acre highway easement described in a deed to County of Franklin, of record in Deed Book 3642, Page 463, being at the southeast comer of said 56.917 acre (original) tract, and said MAG nail being 61.05 feet right of Avery Road proposed centerline of construction Station 126+17.48; Thence South 86 degrees 04 minutes 26 seconds West, along the north line of said 0.233 acre highway easement and continuing across said original 56.917 acre tract, a distance of 15.56 feet to an iron pin set on the existing centerline of right-of-way for Avery Road (South), being at the northwest comer of said 0.233 acre highway easement, being on the west line of said original 56.917 acre tract, being on the east line of said 22.624 acre tract, and being 46.00 feet right of Avery Road proposed centerline of construction Station 126+13.54; Thence North 10 degrees 44 minutes 47 seconds East, along the existing centerline of right-of-way for Avery Road (South), along the west line of said original 56.917 acre tract and along the east line of said 22.624 acre tract, a distance of 30.83 feet to the POINT OF BEGINNING for this description. The above described right-of-way parcel contains a total area of 0.011 acres all of which lies within the present road occupied. 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 Mbar 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 May 23, 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. American Structurepoint, Inc. Brian P. Bingham, PS Registered Professional Surveyor No. 8438 O- %X0 -l< 'z)„'o Q -*u ZQW B , o \\ oo -t- (4A'4 DESCRIPT[O�YF".Rlcll'.11 CORNELL R. RU13t R I5t � P r 1V3 �y 2s/7 Date 0 51 10, SCALE: t"=10 - Situated in the State as Ohio County of Franklin, City so•h: r=m Dublin Parcel Military Survey O-' STRUCTUREPOINT Tuttle Crossing Exhibit"B" o.wa er ser 62 -WD City CI of Dublin, Ohio 00 ■ Boulevard Ext. 0.011 Ac. an•x•as ece Sheet � and Avery Road Warranty m° m Improvements Deed °"°' vaa°tr 1 of 1 0 51 10, SCALE: t"=10 - Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 PID; 274-000066 City of Dublin, Ohio I.N. 200803040032341 0.8122 Ac. rL of R/W ` Rings Road F.C.G.S. 1934— PID: 274-000023 Angelo J. Dallas, or his successor, as trustee under the Angelo J. Dallas Trust Agreement dated May 17, 1996 (1/2 interest) I.N. 199804100085905 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) I.N. 200407130162385 22.624 Ac. CL of R/W I Avery Road -,l Miller Estates P.B. 43, Pg. 75 Avery Rd. (4V) P.B. 43, Pg, 75 L of R/W �F.C.G.S. 8847 /Cara Road J. Larry Fleck D.B. 3581, PG. 316 56.917 Ac. (Original) L r Estates No. B. 49, Pg. 43 j//�PL15.56 S86'04' 26"W CL of R/W Avery Road Highway Easement County of Franklin D.B. 3642. Pg. 463 IIIII1 P s iron pin set w/ i 0.233 Aa "Structurepoint—PS 8438" cap e M.N.S. MAG nail set Basis of bearing: ® F.C.G.S. Monument Bearings shown hereon are based on grid north as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datumof 1983 OPUS (2011soluti0 Adjustment), as established utilizing a GPS surveyand NGS ,%' t= 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 —.0 j is tr/ue�a d correct to the best of my knowledge and belief. ' 9 ' 8436 !� r� '' 'O' y�7 -7 —7 c�d;9FcfsrE� Brian P. Bingham, P.S. o. 8438 Date American Structurepoint, Inc. hr,�NAL$ Y A T .m=4M 16 City of Dublin A t 42 � City of Dublin 001 iiens, City of Dublin 91 LC r\noun r\na aycu aaiai iuuun i r v + T 54 Harry D. Milleand and City of Dublin • �u i and Te Sinn Ahmed Abdul 51 - V hilip R. Nolette Anna Louise Mil Quabbe�err Qureshi 3 — • and I 53 Ryan Lannin Dianne W. Nolett T . City of Dublin , - Yi . 62 . 11A 11 J. Larry Fleck Angelo J. Dallas Angelo J. Dallas ■ T -