HomeMy WebLinkAboutOrdinance 083-18RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
r _
Ordinance No.
83-18
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND ACCEPT NECESSARY CONVEYANCE
DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.036 -ACRE
STANDARD HIGHWAY EASEMENT AND A 0.009 -ACRE
TEMPORARY CONSTRUCTION EASEMENT FROM LARRY S.
KINCAID, LOCATED AT 5509 CARA COURT, 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'7; and
WHEREAS, the Project requires that the City obtain a temporary construction
easement from the parcel identified as Franklin' County parcel number 274-000089,
owned by Larry S. Kincaid (the "Grantor'% 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 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 $8,431.00, 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 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 hE!reby authorized to execute and accept all
necessary documents to acquire a 0.036 -acre standard highway easement and a 0.009 -
acre temporary construction easement, From Larry S. Kincaid, for the appraised value
of $8,431.00, said property interest located within the parcel identified as Franklin
County parcel number 274-000089, and more fully described and depicted in the
attached Exhibits A and S.
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
Revised Charter.
Pas this lqllvoida�� �j 1)���1'l,��v , 2018.
Manor — PIresidind'Offibr
ATTEST:
Clerk of Council
Ordinance 83-18
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,
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EXHIBIT A Page 1 of 2
LPA RX 871 SH Rev. 06/09
Ver. Date 3/20/2017 PID 99815
PARCEL 37 -SH
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
PERPETUAL EASEMENT FOR HIGHWAY PURPOSES
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
An exclusive perpetual easement for public highway and road purposes, including, but not
limited to any utility construction, relocation and/or utility maintenance work deemed
appropriate by the City Of Dublin, Ohio, Located In Franklin County, Ohio, its successors and
assigns forever.
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 Lot 7 of Miller Estates No. 2, as recorded in
Plat Book 49, Page 43, said Lot 7 being described in deeds to Larry S. Kincaid, of record in
Deed Book 3728, Page 863 and Instrument Number 201302130025996, 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 Cara Court, 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 a point on the existing west right-of-way line for Cara Court, as established by
said Plat Book 49, Page 43, said point being at the northeast comer of said Lot 7, being the
southeast corner of Lot 8 of said Miller Estates No. 2, said Lot 8 being described in a deed to
John D. Kormanik and Sharon L. Kormanik, of record in Instrument Number 199708190073896,
(reference a 1" iron pipe bearing North 24 degrees 07 minutes 35 seconds West at a distance of
0.49 feet), and said point being 25.00 feet left of Cam Court proposed centerline of construction
Station 13+48.00;
EXHIBIT A Page 2 of 2
LPA RX 871 SH Rev. 06/09
Thence South 03 degrees 55 minutes 34 seconds East, along the existing west right-of-way line
for said Cara Court and along the east line of said Lot 7, a distance of 158.00 feet to the
southeast comer of said Lot 7, being the northeast comer of Lot 6 of said Miller Estates No. 2,
said Lot 6 being described in deeds to Herbert G. Fladt, of record in Deed Book 3534, Page 150
and Deed Book 3434, Page 188, (reference a 1" bent iron pipe bearing North 08 degrees 14
minutes 47 seconds East at a distance of 0.44 feet), said point being 25.00 feet left of Cara Court
proposed centerline of construction Station 11+90.00;
Thence South 86 degrees 04 minutes 26 seconds West, along the south line of said Lot 7 and
along the north line of said Lot 6, a distance of 10.00 feet to an iron pin set, said iron pin being
35.00 feet left of Cara Court proposed centerline of construction Station 11+90.00;
Thence North 03 degrees 55 minutes 34 seconds West, across said Lot 7, a distance of 158.00
feet to an iron pin set on the north line of said Lot 7, being on the south line of said Lot 8, said
iron pin being 35.00 feet left of Cara Court proposed centerline of construction Station 13+48.00;
Thence North 86 degrees 04 minutes 26 seconds East, along the north line of said Lot 7 and
along the south line of said Lot 8, a distance of 10.00 feet to the POINT OF BEGINNING for
this description.
The above described standard highway easement contains a total area of 0.036 acres located
within Franklin County Auditor's parcel number 274-000089.
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 standard highway easement was prepared under the direct supervision of
Brian P. Bingham, Registered Professional Surveyor No. 8438 on March 20, 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. \,x1111 na,,
`* -,,V .le OF. .�
American Stmcturepoint, Inc. eb ••,O
I/� �AA BRIAN P. •' /
•/'/-�� - GINGHAM i 120/-7
Brian P. Bingham, PS = 9 8438 •p Date
Registered Professional Surveyor No. 8438 �p-��•9F�/$PEa.,�-a
C .11p :, S+S • ..... P DESCRIPTION VERIFIED
Ql �..w. \IGLiI� i�MG4 `fit 0111' �'•,,pONq; S�,v<�\a CORNELL R. RORLRTSON, P. C. P. S.
p.031.awr. �M\lti1w� Lo1c.1.w.1� nv _ fi,u
b„4- 64 DATED51W4-
C 7A-0 aq
City of Dublin, Ohio
PID: 274-000090
John D. Kormanik and
Sharon L. Kormanik
I.N. 199708190073896
lot 8
Miller Estates No. 2
P.B. 49, Pg. 43
PL -
a■ STRUCTURRPOINT
Situated in the State of Ohio
County of Franklin, City of Dublin
Virginia Military Survey No. 3004
N86'04'26"E
10.00'
0
PID: 274-000089
Larry S. Kincaid
Exhibit "B"
Is Crossing
0.036 Ac.
lavard Ext.
Standard
Avery Road
Highway
•ovements
Miller Estates No. 2
;
Easement
Situated in the State of Ohio
County of Franklin, City of Dublin
Virginia Military Survey No. 3004
N86'04'26"E
10.00'
0
PID: 274-000089
Larry S. Kincaid
o
0
D.B. 3728, Pg. 863
I.N. 201302130025996
m
are based on grid
Lot 7
north as referenced
Miller Estates No. 2
;
w
P.B. 49, Pg. 43
Coordinate System
M
0.036 Ac.
p IYYr iron pipe found
0I.P.S. �' iron pin set w/
"Structurepoint—PS 8438" cap
PL PID: 274-000088
Herbert G. nadt
D.B. 3534 PG 150
D.B. 3434 PG 188
Lot 6
Miller Estates No. 2
P.B. 49 PG 43
Beginning
I
it
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i a
m
oma
� U O
o v°,
a
0
U m
d
C of R/W
Cara Court
Parcel
37 -SH
Sheet
loft
0 15' 30'
SCALE: 1"=30'
PL
10.00'
I hereby certify that:
This drawing represents the results of an actual field survey
of the premises performed by American Structurepoint. Inc., and
is true and correct t the best of my knowledge no belief.
BrianBrian—P. gingham, P.S. No. 8438 Date
American Structurepoint, Inc.
topunrbb
y�0'.
BRIAN P.
BINGHAM
8438 : 4
Basis of bearing:
Bearings shown hereon
are based on grid
north as referenced
to the
X
Ohio State Plane
Coordinate System
X
LJ
(South Zone) and the
North American
Datum of 1983 (2011
Adjustment), as
established utilizing a
GPS survey
and NGS OPUS
solution.
10.00'
I hereby certify that:
This drawing represents the results of an actual field survey
of the premises performed by American Structurepoint. Inc., and
is true and correct t the best of my knowledge no belief.
BrianBrian—P. gingham, P.S. No. 8438 Date
American Structurepoint, Inc.
topunrbb
y�0'.
BRIAN P.
BINGHAM
8438 : 4
EXHIBIT A Page 1 oft
LPA RX 887 T Rev. 07/09
Ver. Date 05/31/18 PID 99815
PARCEL 37-T
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
TEMPORARY EASEMENT FOR THE PURPOSE OF
PERFORMING THE WORK NECESSARY TO
COMPLETE GRADING & CONSTRUCT A DRIVE
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 Lot 7 of Miller Estates No. 2, as recorded in
Plat Book 49, Page 43, said Lot 7 being described in deeds to Larry S. Kincaid, of record in
Deed Book 3728, Page 863 and Instrument Number 201302130025996, 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 Cara Court, as delineated on the centerline
plat for Tuttle Crossing Boulevard and Avery Road Improvements, of record in Plat Book 124,
Page 37, said parcel being more particularly bounded and described as follows:
Commencing for reference at a point on the existing west right-of-way line for Cara Court, as
established by said Miller Estates No. 2, being the northeast corner of said Lot 7, being the
southeast corner of Lot 8 of said Miller Estates No. 2, said Lot 8 being described in a deed to
John D. Kormanik and Sharon L. Kormanik, of record in Instrument Number 199708190073896,
(reference a 1" iron pipe bearing North 24 degrees 07 minutes 35 seconds West at a distance of
0.49 feet), and said point being 25.00 feet left of Cara Court proposed centerline of construction
Station 13+48.00;
Thence South 86 degrees 04 minutes 26 seconds West, along the north line of said Lot 7 and
along the south line of said Lot 8, a distance of 10.00 feet to an iron pin set at the northwest
corner of a proposed standard highway easement for said Cara Court, said iron pin being 35.00
feet left of Cara Court proposed centerline of construction Station 13+48.00;
Thence across said Lot 7 along the following five (5) described courses:
South 03 degrees 55 minutes 34 seconds East, along the west line of said proposed
standard highway easement and being a line perpendicular to the previous course, a
distance of 39.23 feet to the TRUE POINT OF BEGINNING for this description, said
point being 35.00 feet left of Cara Court proposed centerline of construction Station
13+08.77;
EXHIBIT A
Page 2 of 2
Rev. 07/09
2. South 03 degrees 55 minutes 34 seconds East, continuing along the west line of said
proposed standard highway easement and being a line perpendicular to the previous
course, a distance of 29.94 feet to a point, said point being 35.00 feet left of Cara Court
proposed centerline of construction Station 12+78.83;
3. South 86 degrees 04 minutes 26 seconds West, along a line perpendicular to the
previous course, a distance of 12.70 feet to a point, said point being 47.70 feet left of
Cara Court proposed centerline of construction Station 12+78.83;
4. North 03 degrees 55 minutes 34 seconds West, along a line perpendicular to the
previous course, a distance of 29.94 feet to a point, said point being 47.70 feet left of
Cara Court proposed centerline of construction Station 13+08.77;
5. North 86 degrees 04 minutes 26 seconds East, along a line perpendicular to the
previous course, a distance of 12.70 feet to the TRUE POINT OF BEGINNING for this
description.
The above described temporary easement contains a total area of 0.009 acres located within
Franklin County Auditor's parcel number 274-000089.
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 temporary easement was prepared under the direct supervision of Brian P.
Bingham, Registered Professional Surveyor No. 8438 on May 31, 2018, is based on an actual
survey performed by American Structurepoint, Inc., and is true and correct to the best of my
knowledge and belief.
American Structurepoint, Inc.
•/Z4�e
�. Bmgham, PS
Registered Professional Surveyor No. 8438
p°oQuooaoee��� ,
OF0'�.
s• r
BRIAN P.
BINGHAM
8436 0
:•-
9F
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1�1,,�'ONAL 9v,��.
G / zet8
Date
City of Dublin, Ohio
�■
O
F ■ STRUCTUREPOINT
0
'El e,a s°, xzas i 1� 614 °°, aee
Tuttle Crossing
Boulevard Ext.
and Avery Road
Improvements
Exhibit "B"
0.009 Ac.
Temporary
Easement
Scale V =zo
Parcel
37-T
Sheet
1 of 1
Drawn By: BV
checked By: BPB
Date: 6rBvzo,6
Job No 2012.00760
Situated in the State of Ohio
County of Franklin, City of Dublin
Virginia Military Survey No. 3004
PID: 274-000090
John D. Korm anik and
Sharon L. Kormanik
I.N. 199708190073896
Lot 8
Miller Estates No. 2
P.B. 49, Pg. 43
PL
PL
PID: 274-000089
Larry S. Kincaid N86e04'26"E
D.B. 3728, Pg. 863 12.70'
I.N. 201302130025996
Lot 7
Miller Estates No. 2 i
P.B. 49, Pg. 43 �a,
rn
0
0
NO3e55'34"W 0
29.94'
OI.P.F. iron pipe found S86e04'26"W—
J" iron pin set w/ 12.70'
"Structurepoint—PS 8438" cap
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 of 1983 (2011 Adjustment), as
established utilizing a GPS survey and NGS OPUS solution.
I hereby certify that:
This drawing represents the results of an actual field survey
of the premises performed by American Structurepoint. Inc., and
is true Bpd !f ;�t/to the t of my knowledgy// an belief.
Brian P. Bingham, P.S. No. 8438 15ate
American Structurepoint, Inc.
0 10' 20'
SCALE: 1"=20'
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Ginger Shepherd
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Christopher R. Freeman 40
and
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Charles E. Fry, Jr.�
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Kelly Maynard
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Judy Faye Houser
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Felicia Quinn
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hn D. Kormorak
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a ry
Reiman
RIF
36
Edmund L. Krohn
and
Donna K. Kro
33
William M.Thomas, Jr.
and
Linda T. Thomas
.
d
J