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Home My WebLink AboutOrdinance 095-18RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Ordinance No. 95-18 Passed AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEF NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS T ACQUIRE A 0.030 -ACRE STANDARD HIGHWAY EASEMEI FROM JOHN D. KORMANIK AND SHARON L. KORMANII LOCATED AT 5527 CARA COURT, FOR THE PUBLIC PURPOSE C CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEN T THE PUBLIC WITHOUT CHARGE. Form 6220S 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 standard highway easement and a temporary easement from the parcel identified as Franklin County parcel number 274-000090, owned by John D. Kormanik and Sharon L. Kormanik (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 $5,900.00; 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 0.030 -acre Standard Highway Easement from John D. Kormanik and Sharon L. Kormanik, for $5,900.00,, said property interest located within the parcel identified as Franklin County parcel number 274-000090, and more fully described 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 Revised Charter. Pas�d this �, `�G day of , (..Z -1 - , 2018. Vice ayor — Presidin O er ATTEST: Clerk of Council io: Members of Dublin City Council From.& Dana McDaniel, City Mana I Ini"U"ated By*. Paul A. Hammersmith, Director of Engineering I Jean -Ellen Willis I I Engineering Manager — Transportation Philip K. Hartmann, Assistant Law Director Re,* Ordinance Nos. 90-18 through 95-18 Acquisition of Right -of -Way and Easements Tuttle Crossing Boulevard Extension and Avery Roalt Improvements (13-013-CIP) The Project requires the acquisition of property interests from multiple property owners on Tuttle Crossing Boulevard, Avery Road, Wilcox Road, Rings Roadf Cara Road,, and Cara Court. Acqut'sim'U'on 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 tht map attached hereto: Ord. 90-18 through 95-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Boulevard Extension and Avery Road Improvements November 27, 2018 Page 2 of 3 Property Owner Property Interests Auditor Acquisition Price Parcel ID Number Emmanuel Sanchez-Carballo 0.306 acre R/W including 274-000113 $61,245 and Yuko Sanchez 0.233 acre P. R.O. (Parcel 27 - 0.025 acre Standard 6169 Cara Road) Highway Easement 0.069 acre Temporary Construction Easement Mary Jo Reimann 0.011 acre Temporary 274-000093 $300 (Parcel 39 - Construction Easement 5526 Cara Court P. Michael Houser and Judy 0.086 acre Standard 274-000081 $15,424 Faye Houser Highway Easement (Parcel 43 - 0.007 acre Temporary 5504 Avery Road) Construction Easement Lynn M. Gray, Trustee of the 0.054 acre R/W 274-000079 $30.r091 Lynn M. Gray Revocable Trust 0.086 acre Standard Agreement Highway Easement Parcel 45 — 5544 Avery Road Karen Marie Sharp and Michael 0.199 acre R/W including 274-000070 $224,000 R. Sharp 0.106 acre P. R.O. (Parcel 47 - 0.458 acre WD to be 5555 Avery Road) converted to Standard Highway Easement John D. Kormanik and Sharon 0.30 acre Standard 274-000090 $5,900 L. Kormanik Highway Easement (Parcel 38 - 5527 Cara Court P. R. O, stands for Present Road Occupied, which means that this portion of the acquisition is already encumbered with a roadway easement. The details regarding each property acquisition is as follows: Emmanuel Sanchez-Carballo and Yuko Sanchez: The property is located on the south side of Cara Road, east of Avery Road, at 6169 Cara Road, Dublin, Ohio 43016. The City participated in good faith discussions with Emmanuel Sanchez-Carballo and Yuko Sanchez, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $61,245. Mary Jo Reimann: The property is located on the east side of Cara Court, north of Cara Road, at 5508 Cara Court, Dublin, Ohio 43016. The City participated in good faith discussions with Mary Jo Reimann, resulting in mutually agreeable terms for the acquisition of the property interest for the appraised value, which was $300. P. !Michael Houser and Judy Faye Houser: The property is located on the east side of Avery Road, north of Cara Road, at 5504 Avery Road, Dublin, Ohio 43016. The City participated in good faith discussions with P. Michael Houser and Judy Faye Houser resulting in mutually agreeable terms for the acquisition of the property interest for $15,424., which is 6.0% above the appraised value of $14,549. Ord. 90-18 through 95-18 — Acquisition of Right -of -Way andis for Tuttle Crossing Boulevard Extension and Avery Road Improvements November 27,, 2018 Page 3 of 3 These Ordinances authorize the City Manager necessary conveyance documents to formally acquire the necessary property interests from eaci, property owner, Staff recommends adoption of Ordinance Nos. 90-18, 91-18,F 92-18, 8 the second reading/public hearing on January 8, 2019, as these ordinances authorize the City Manager to execute all necessary conveyance and contract documents to formally accept the necessary "` e..aproperty ere described eb'". ,rig #"ov.. RECORD OF ORDINANCES Dayton Legal Blank, hi . Form No. 30043 Ordinance No. 95-18 Passed , 20 AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.030 -ACRE STANDARD HIGHWAY EASEMENT FROM JOHN D. KORMANIK AND SHARON L. KORMANIK, LOCATED AT 5527 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 "Cit/'� 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 standard highway easement and a temporary easement from the parcel identified as Franklin County parcel number 274-000090, owned by John D. Kormanik and Sharon L. Kormanik (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 properly interests for the sum of $5,900.00; 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 0.030 -acre Standard Highway Easement from John D. Kormanik and Sharon L. Kormanik, for $5,900.00, said property interest located within the parcel identified as Franklin County parcel number 274-000090, and more fully described 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 Revised Charter. Passed this day of Mayor — Presiding Officer ATTEST: Clerk of Council 12018. EXHIBIT A Page 1 of 3 LPA RX 871 SH Rev. 06/09 Ver. Date 3/20/2017 PID 99815 PARCEL 38 -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 8 of Miller Estates No. 2, as recorded in Plat Book 49, Page 43, said Lot 8 being described in deeds to John D. Kormanik and Sharon L. Kormanik, of record in Instrument Number 199708190073896, 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 southeast corner of said Lot 8, being the northeast comer of Lot 7 of said Miller Estates No. 2, said Lot 7 being described in deeds to Larry S. Kincaid, of record in Deed Book 3728, Page 863 and Instrument Number 201302130025996, (reference a 1" iron pipe bearing North 24 degrees 07 minutes 35 seconds West at a distance of 0.49 feet), said comer 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 south line of said Lot 8 and along the north line of said Lot 7, a distance of 10.00 feet to a point, said point being 35.00 feet left of Cara Court proposed centerline of construction Station 13+48.00; EXHIBIT A Page 2 of 3 LPA RX 871 SH Rev. 06/09 Thence across said Lot 7 along the following three (3) described courses: 1. North 03 degrees 55 minutes 34 seconds West, a distance of 46.43 feet to an iron pin set at a point of curvature, said iron pin being 35.00 feet left of Cara Court proposed centerline of construction Station 13+94.43; 2. Along the arc of a curve to the left, said curve having a radius of 40.00 feet, a central angle of 41 degrees 24 minutes 35 seconds, and an arc length of 28.91 feet to an iron pin set at a point of reverse curvature, said iron pin being 45.00 feet left of Cara Court proposed centerline of construction Station 14+20.88, said curve being subtended by a long chord having a bearing of North 24 degrees 37 minutes 52 seconds West and a length of 28.28 feet; Along the arc of a curve to the right, said curve having a radius of 60.00 feet, a central angle of 54 degrees 44 minutes 01 seconds, and an we length of 57.32 feet to an iron pin on the northwest line of said Lot 8, being on the southwest line of Lot 9 of said Miller Estates No. 2, said Lot 9 being described in a deed to Christopher R. Freeman and Michele R. Freeman, of record in Instrument Number 201212140192949, said iron pin being 58.38 feet left of Cara Court proposed centerline of construction Station 14+74.40, said curve being subtended by a long chord having a bearing of North 17 degrees 58 minutes 08 seconds West and a length of 55.16 feet; Thence South 60 degrees 33 minutes 55 seconds East, along the northeast line of said Lot 8 and along the southwest line of said Lot 9, a distance of 10.79 feet to the northeast comer of said Lot 8, being the southeast comer of Lot 9, said point being on the existing west right-of-way line for said Cara Court, (reference a P' iron pipe bearing North 81 degrees 26 minutes 56 seconds West at a distance of 0.48 feet), said comer being 49.37 feet left of Cara Court proposed centerline of construction Station 14+68.46; Thence along the existing west right-of-way line for said Cara Court and along the easterly line for said Cara Court and along the easterly line of said Lot 8 along the following three (3) described courses: 1. Along the we of a non -tangent curve to the left, said curve having a radius of 50.00 feet, a central angle of 50 degrees 29 minutes 37 seconds, and an arc length of 44.06 feet to a point of reverse curvature, said point being 37.50 feet left of Cara Court proposed centerline of construction Station 14+27.50, said curve being subtended by a long chord having a bearing of South 20 degrees 05 minutes 21 seconds East and a length of 42.65 feet; EXHIBIT A Page 3 of 3 LPA RX 871 SH Rev. 06/09 2. Along the are of a curve to the right, said curve having a radius of 50.00 feet, a central angle of 41 degrees 24 minutes 35 seconds, and an arc length of 36.14 feet to a point of tangency, said point being 25.00 feet left of Cara Court proposed centerline of construction Station 13+94.43, said curve being subtended by a long chord having a bearing of South 24 degrees 37 minutes 52 seconds East and a length of 35.36 feet; 3. South 03 degrees 55 minutes 34 seconds East, a distance of 46.43 feet to the POINT OF BEGINNING for this description. The above described standard highway easement contains a total area of 0.030 acres located within Franklin County Auditor's parcel number 274-000090. 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 we 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. 91111.9 (.0+,I ) DESCRIPTION `:.RIFiE6 CORNELL R. Rapt R 1 s: rv. I' L_ es. By:- pj5!�, liATB: 013 ,;14 -Z, Date 'lp ZEOF 9 American Stmcturepoin[, Inc. �� y'C .......... e� BRIAN P. Brim P. Bingham, PS = v . BINGHAId 8x38 Registered Professional Surveyor No. 8438 .0.. y� 0 :�dl'•. GlSTEP 'J�4 : I � a -v- Aii6is tl� A9/AAI\11!11 Avct.&-) 0.°) GIp30 Kr°� p l 03 (.0+,I ) DESCRIPTION `:.RIFiE6 CORNELL R. Rapt R 1 s: rv. I' L_ es. By:- pj5!�, liATB: 013 ,;14 -Z, Date 'lp Exhibit "B^ Parcel o Tuttle Crossing 0.030 Ac. 38 -SH Ci of Dublin, Ohio SNOCNBEPOINT Boulevard Ext. City Standard cnedma er: ere Sheet ■ and Avery Road Hi h1,wa om: an mn Improvements 1 of 1 Easement xe no.: mizomeo 0 is, 30' Situated in the State of Ohio ® County of Franklin, City of Dublin SCALE: 1"=30- Virginia Military Surve No. 3004 PID: 274-000091 Christopher R. Freeman / S60'33'55"E and Michele R. Freeman A )0,]g' \ I.N. 201212740192949 Lot 9 � m Curve Data Miller Estates No. 2 Q = 50'29'37" P.B. 49, Pg. 43 R = 50.00' L = 44.06' C = 42.65' Curve Data CBRGI= S20'05'21"E A = 54'44'01"Cara Court R = 60.00' (width varies) �CL of R/W L = 57.32' P.B. 49, Pg. 43 Cara Court C = 55.16' / CBRG = N17'58'08"W Curve Data 4 = 41'24'35" PID: 274-000090 0.030 Ac. R = 50.00' John D. Kormanik and L = 36.14' Sharon L. Kormanik I.N. 199708190073896 Curve Data C = 35.36' Lot 8 A = 41'24'35' e' CBRG = S24'37'52i'E Miller Estates No. 2 R = 40.00' 10. P.B. 49, Pg. 43 L = 28.91' C = 28.28' I CBRG = N24'37'52"W S03'5x �C5 34"E X I 0l.P.F, iron pipe found 46.431 I I ��Ps " iron pin set w/ NO3'55'34"W s e Point of I Structurepoint—PS 8438" cap 46.43' e?' Beginning i PL I PL PID: 274-000089 S86'04'26"W I Larry S. Kincaid50' D.B. 3728. Pg. 863 10.00' I I.N. 201302130025996 Lot 7 Miller Estates No. 2 P.B. 49, Pg. 43 Basi of bearing: Bearings shownhereon are based on grid north as referenced to the 01t ptE OF? ••• Ohio State Plane Coordinate System (South Zone) and the North Amencon .: e Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey gr and NGS OPUS solution. BRIAN P. I hereby certify that: �' BINGHAM This drawing represents the results of an actual field survey y :• 8438 of the premises performed by American Structurepoint. Inc., and 0 •, is true nd orrect to the best of my knowled a d belief. 9FCifg�pE� BrianBingham; P.S. No. 8438 Date �"Z s'ONAL e,��1 s; American Structurepoint, Inc. i1r L 16 It •55 Philip R. N ll * and Dianne W. Nolette ax Liens, L LLC Karen Marie Sharp I and Michael R. 42 City of Dublin s City of Dublin f City of Dublin i and 42 Ahmed Abdul !uabeer Qureshi City of Dublin ULM ` . � V 1 49 11-1 48 t The Village at Balgriffin Dubliny of Comdominiun Dublin . 0 46AM kh"I"111 klab -1 Ginger Shepherd and 41 % James L. Sheperd Christopher R. Freeman e and Michelle R. Freeman 45 Charles E. Fry, Jr. '� and Lynn M. Gray Amy L. Fry 44 John D. Kormorak and Kelly Maknard L Sharon L. Kormorak and I . , nn�.,��r,a c is Larry S. Kincaid �.V.Tadeshi and J.D.Tadeshi Mary J. Reimann Edmund L. K� and Donna K. Kroh William M.Thomas, Jr. and Linda T. Thomas h pow I, 1 r ■I �LI ` ■ ■ f Owl ON f.L ' MINE NL -L On 7 ■ - �'�+r ON Irl 1 I OF % m .. 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