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HomeMy WebLinkAboutOrdinance 016-19RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Ordinance No. 16-19 Passed AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE THE PROPERTY LOCATED AT 5498 AVERY ROAD, DUBLIN, OHIO 43016, IN ITS ENTIRETY, FROM JOHN I QUINN AND FELICIA QUINN, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE. WHIEREAS, 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 certain property interests from the parcel identified as Franklin County parcel number 274-000082, owned by John J. Quinn and Felicia Quinn (the "Grantors'); and WHEREAS, the Project requires that the City obtain certain property interests from the parcel identified as Franklin County parcel number 274-000082, owned by John J. Quinn and Felicia Quinn (the "Grantors'); and WHEREAS, the City, through its acquisition agent for the Project, and through good faith negotiations with the Grantors and their counsel, have come to mutually agreeable terms to acquire the Grantors' entire parcel for the sum of $295,450.00; and WHE=REAS, the City desires to execute and accept necessary documents to complete the transaction between the City and the Grantors. NOW,r .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 the property located at 5498 Avery Road, Dublin, Ohio 43016, identified as Franklin County parcel number 274-000082, for $295,450.00. 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 legioation being required. Sectio 3, This Ordina, ce shall take effect in accordance with 4.04(b) of the Dublin Revis �I Charter. Pa d this ay of , 2019. M4yor — Presip/ng Offter ATTEST: Clerk of Council Ask& Office of the City Manager 5200 Emerald Parkway * Dublin, QH 43017-1090 ..ffilwwb Uityof Dublin Phone,: 614.410.4400 * Fax.- 614.410.4490 9KddSkAMk AWNRM Cit M 11� MU To: Members of Dublin City Council oel� From: Dana L. McDaniel, City Manag Date. April 16, 2019 In'Itiated By: Paul A. Hammersmith, Director of Engineering Jean -Ellen Willis, PE, Engineering Manager — Transportation Philip K. Hartmann, Assistant Law Director Re,* Ordinance14-19 through 20-19 Acquisition of Right -of -Way and Easements Tuttle Crossing Boulevard Extension and Avery Road 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 Road, Cara Road, and Cara Court. 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 consist of the following property interests from the named property owners, as depicted in the map attached hereto: D Ord. 14-19 through 20-19 — Acquisition of Right -of -Way and Easements for Tuttle Crossing Boulevard Extension and Avery Road Improvements April 16, 2019 Page 2 of 3 W er 0 il P roper14 Inte d to res -ft AU W U Sib OW P 611D :a P, nm N mu r U be Ord. 14-19 0.062 acre R/W 274-000078 $30f 000 Ginger Shepherd and James L. 0.113 acre Standard Shepherd Highway Easement (Parcel 46 — 0.007 acre Temporary 5556 .oad 1:5-19 Construction Easement Ord. cre nne, �a Ch -a I 273-00 ,6596 13 645 Tuftl[01' ers L td Easement (Parcel,23 5X C II, �Ebner irt!0 Ord. 16-19 0.044 acre R/W 274-000082 $295,450 Felicia Quinn and John J. Quinn 0.157 acre Standard (price for (Parcel 28 'mowHighway Easement acquisition of 5498 Avery Road) Ofd*17 '19 0.449 acre_p�rcel_ .0.00+ acre:,WW, 274 000095 entire parcel) $10 19 164 W 11, Ito m T omas and U nda , A 0 051 acre, S. tanda rd 'Thomas:..: Hi: h, ay Easement w (Pa'rtO[3 5494 C�, :C Ord. - 40.021 acre Standard 274-000092 $4f 847 Charles Fry and Amy Fry Highway Easement (Parcel 40 — 5540 Cara Court) O if ,19 rd19 0.016 acre'Standard 274 -000091 $3214 re e n Chri, t -p eman a K N E ig.: way..:zsemen Michele, reeMan'.. (P rices 404 e e 55.45 "Cera,, Cou Ord. 20-19 0.009 acre Sewer 274-000161 to $605 The Village of Balgriffin Easement 274 -000170 - Condominium (Parcel 49 — 274-000228 to 274-000235; Avery Road) 274-000346 to 274-000352f 274-000354 to 274 f - 000365- 274-000369 to 274-000390 Ord. 14-19 through - — Acquisition of Right-of-WayEasements for Tuttle Crossing Boulevard Extension and Avery load Improvements April 16, 2019 Page 3 of 3 These Ordinances authorize the City Manager to execute and accept on behalf of the City all. necessary documents to airlly acquire necessary . M ak interests er► each property owner. StaN recommends adoption of Ordinance Nos. 14-19, 15-19, 16-19, 17-19,r 18-19, 19-19 and 20- reading/public hearing on May 6,, 2019,ordinances propertyManager to execute all necessary conveyance and contract documents to formally accept the necessary interests w. described 1rt rM EXHIBIT A Page I of 3 LPA RX 851 WD Rev. 06/09 Ver. Date 03/13/2017 PARCEL 28 -WD PID 99815 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 Lot 5 of Miller Estates, as recorded in Plat Book 43, Page 75, said Lot 5 being described in a deed to Felicia Quinn and John J. Quinn, of record in Instrument Number 200910290156293, 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 Cam Road, being on the right side of the proposed centerline of construction for Avery Road, both 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 8847, said monument being at the intersection of the existing centerline of right-of-way for Cara Road and the existing centerline of right-of-way for Avery Road (North), and said monument being 5.33 feet left of Cara Road proposed centerline of construction Station 323+09.26; Thence North 86 degrees 04 minutes 26 seconds East, along the existing centerline of right-of- way for Cara Road and along a south line of said Miller Estates, a distance of 69.40 feet to a point, said point being a southeast corner of said Miller Estates, being a southwest comer of Miller Estates No. 2, as recorded in Plat Book 49, Page 43, and said point being 7.07 feet left of Cara Road proposed centerline of construction Station 323+79.55; EXHIBIT A Page 2 of 3 LPA RX 851 WD Rev. 06/09 Thence North 05 degrees 05 minutes 40 seconds West, along an east line of said Miller Estates and along a west line of said Miller Estates No. 2, a distance of 30.01 feet to a point on the existing north right-of-way line for Cara Road, as established by said Plat Book 49, Page 43, (reference a bent 3/4" iron pipe beating North 22 degrees 20 minutes 53 seconds West at a distance of 0.43 feet), said point being on the south line of said Lot 5, said point being 37.07 feet left of Cara Road proposed centerline of construction Station 323+80.35, and said point being the TRUE POINT OF BEGINNING for this description; Thence along the arc of a non -tangent curve to the right, along the existing northerly line of said Cara Road and along the southerly line of said Lot 5, said curve having a radius of 30.00 feet, a central angle of 88 degrees 49 minutes 54 seconds, and an arc length of 46.51 feet to an iron pin set at a point of tangency on the existing east right-of-way line for Avery Road, as established by said Plat Book 43, Page 75, being on the west line of said Lot 5, said iron pin being 94.78 feet right of Avery Road proposed centerline of construction Station 127+01.13, said curve being subtended by a long chord having a bearing of North 49 degrees 30 minutes 37 seconds West and a length of 41.99 feet; Thence across said Lot 5 along the following three (3) described courses: 1. South 49 degrees 30 minutes 37 seconds East, a distance of 24.53 feet to an iron pin set, said iron pin being 113.79 feet right of Avery Road proposed centerline of construction Station 126+85.63; 2. South 78 degrees 05 minutes 48 seconds East, a distance of 8.08 feet to an iron pin set, said iron pin set being 47.26 feet left of Cara Road proposed centerline of construction Station 323+75.67; 3. North 86 degrees 04 minutes 26 seconds East, a distance of 165.11 feet to an iron pin set on the east line of said Lot 5, being on the west line 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, said iron pin being 41.50 feet left of Cara Road proposed centerline of construction Station 325+39.22; Thence South 05 degrees 05 minutes 40 seconds East, along the east line of said Lot 5 and along the west line of said Lot 6, a distance of 10.00 feet to the southeast corner of said Lot 5, being the southwest comer of said Lot 6, said point being on the existing north right-of-way line for said Cara Road, (reference a bent 3/4" iron pipe bearing North 35 degrees 29 minutes 55 seconds East at a distance of 0.43 feet), and said point being 31.50 feet left of Cara Road proposed centerline of construction Station 325+39.42; EXMBTT A Page 3 of 3 LPA RX 851 wD Rev. 06/09 Thence South 86 degrees 04 minutes 26 seconds West, along the existing north right-of-way line for said Cara Road and along the south line of said Lot 5, a distance of 160.60 feet to the TRUE POINT OF BEGINNING for this description. The above described right-of-way parcel contains a total area of 0.044 acres (0.000 acres lies within the present road occupied) located within Franklin County Auditor's parcel number 274- 000082. 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. American Structurepoint, Inc. 1Z'/%z-le-� 'Brian P. Bingham, PS Registered Professional Surveyor No. 8438 -tto F y1.9u a cw,.d d•,t-.� wit-1..,� C, C ,6'- MSCRIPTION NTRIF111 CUR] 1[- R. ROBER1 SON. P.E..P.S. DY ®RN �(E OF BRIAN P. ei �s 2er-7 BINGHAM Date 8438 :■ Sine: 1'=ab ON Tuttle Crossing Exhibit "B" o,e,„, JeY Parcel CI of Dublin, Ohio �� STRUCTIIBEPOIU� Boulevard Ext. 0.044 Ac. 28 -WD heel City ai■ cneuea er eve Sheet ■ and Avery Road Wenenty, Improvements Deed 1 of 1 Situated in the State of Ohio County of Franklin, City of Dublin o 20' 401 Virginia Military Survey No. 3004 scA® P PL "4t PL I nI PID: 274-000082 om o I Felicia Quinn and John J. Quinn a MWso n p a I.N. 200910290156293 0 �, �, Z a 'o Lot 5 a6a-Q- .0- Miller Estates �-'nn o ao; X P.B. 43, Pg. 75 Mann J'Lp m X06. W S49'27'35"E L ma *.p 24.53' a 0.044 Ac. d 578'05'48"E (0 Ac. P.R.O.) 5' 8.08' ?' o QS' I 6"E i2�. — 165.11' W Curve Data N 6'042� �a � 10.00_ 0 F= 88'49'54" 6 4'26"W — 160.60' IR = 30.00' L = 46.51' I �NO5'05'40"W Cara Rd. IC = 41.99' Point of I` 30.01' ;BRG = 49'30'37"W Beginning P.B. 49, P9. 43 T N 86'04'26"E ---- (L of R/W/ _ Cara Road 69.40' 8847 PIFs "" iron pin set w/ Point of "Structurepoint—PS 8438" cap Reference OLPY. iron pipe found ® F.C.G.S. Monument Basis of shoring: "jErop Bearings shown hereon are based on grid north as referenced to the ��� 4, Ohio State Plane Coordinate System (South Zone) and the North American �� ( .,..... 0 �i Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey� +� and NGS OPUS solution. ��N P . I hereby certify that: ro GINGHAM This drawing represents the results of an actual field survey -0 8438 �O of the premises performed by American Structurepoint. Inc., and 7 O is tr =d correc ;o the best of my knowledge O�z��7 �,-f1S 9FGfS7E6E -A' � Brian P. Bingham, P.S. No. 8438 Date t'`'`lot0NA; SJP`•4�'` American Structurepoint, Inc. EXHIBIT A Page 1 of LPA RX 871 SH Rev. 06/09 Ver. Date 3/24/2017 PID 99815 PARCEL 28 -SH TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS PERPETUAL EASEMENT FOR HIGHWAY PURPOSES WITHOUT LINHTATION OF EXISTING ACCESS RIGHTS IN THE NAME AND FOR THE USE OF THE CITY OF DUBLIN, OHIO, LOCATED IN FRANIMIN 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 hi 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 fohows] 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 5 of Miller Estates, as recorded in Plat Book 43, Page 75, said Lot 5 being described in a deed to Felicia Quinn and John J. Quinn, of record in Instrument Number 200910290156293, 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 Road, being on the right side of the proposed centerline of construction for Avery Road, both 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 east right-of-way line for Avery Road, as established by said Plat Book 43, Page 75, said point being at the northwest comer of said Lot 5, being the southwest comer of Lot 4 of said Miller Estates, said Lot 4 being described in a deed to P. Michael Houser and Judy Faye Houser, of record in Official Record 07069 F09, (reference a 3/4" iron pipe bearing North 51 degrees 46 minutes 28 seconds West at a distance of 0.36 feet), and said point being 81.60 feet right of Avery Road proposed centerline of construction Station 128+17.98; Thence North 83 degrees 49minutes 20 seconds East, along the north line of said Lot 5 and along the south line of said Lot 4, a distance of 25.00 feet to an iron pin set, said iron pin being 106.39 feet right of Avery Road proposed centerline of construction Station 128+21.25; EXHIBIT A Page 2 of 3 LPA RX 871 SH Rev. 06/09 Thence across said Lot 5 along the following three (3) described courses: 1. South 05 degrees 05 minutes 40 seconds East, a distance of 104.69 feet to an iron pin set, said iron pin being 118.12 feet right of Avery Road proposed centerline of construction Station 127+17.22; 2. South 63 degrees 17 minutes 57 seconds East, a distance of 24.09 feet to an iron pin set, said iron pin being 66.98 feet left of Cara Road proposed centerline of construction Station 323+99.86; 3. North 86 degrees 04 minutes 26 seconds East, a distance of 144.52 feet to an iron pin set on the east line of said Lot 5, being on the west line of Lot 6 of Miller Estates No. 2, as recorded in Plat Book 49, Page 43, 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, said iron pin being 62.50 feet left of Cara Road proposed centerline of construction Station 325+38.79; Thence South 05 degrees 05 minutes 40 seconds East, along the east line of said Lot 5 and along the west line of said Lot 6, a distance of 21.00 feet to an iron pin set at the northeast comer of a proposed right-of-way parcel for Cara Road, said iron pin being 41.50 feet left of Cara Road proposed centerline of construction Station 325+39.22; Thence along the north line of said proposed right-of-way pamel and across said Lot 5 along the following three (3) described courses: 1. South 86 degrees 04 minutes 26 seconds West, a distance of 165.11 feet to an iron pin set, said iron pin being 47.26 feet left of Cam Road proposed centerline of construction Station 323+75.67; 2. North 78 degrees 05 minutes 48 seconds West, a distance of 8.08 feet to an iron pin set, said iron pin being 113.79 feet right of Avery Road proposed centerline of construction Station 126+85.63; 3. North 49 degrees 27 minutes 35 seconds West, a distance of 24.53 feet to an iron pin set on the existing east right-of-way line for said Avery Road, being on the west line of said Lot 5, said iron pin being at the northwest comer of said proposed right-of-way parcel, and said iron pin being 94.78 feet right of Avery Road proposed centerline of construction Station 127+01.13; Thence North 05 degrees 05 minutes 40 seconds West, along the said existing east right-of-way line for said Avery Road and along the west line of said Lot 5, a distance of 117.59 feet to the POINT OF BEGINNING for this description. EIHIBIT A Page 3 of 3 LPA RX 871 SH Rev. 06/09 The above described standard highway easement contains a total area of 0.157 acres located within Franklin County Auditor's parcel number 274-000082. 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 24, 2017, is based on an actual survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief. ,aeeeeeeeee �PJeOFoAmerican Structurepoint, Inc. ....... ro 01, .,<< BRIAN P. a�4 % 2m/ GINGHAM Basan P. Bingham, PS t 9 ; 0430 :cc Date Registered Professional Surveyor No. 8438 O'•, 9 O ' %�t `di F3/STEPF.��a p!m - It 0 M a 'tf- tAl�Q i(lt 'eje111X91iP\PP Aw.v-Jt D,..�� 0. 1 S? ovr CHe,1Aw.� �reCv..`k, o tol $L ESCRIP"f ION VERIFIED RNELL R. ROBERTSON. P.E., P.S. TE: � L �0 Exhibit "B" s� '•�°° Parcel j1 STIIOCNREPBINT Tuttle Crossing 0.157 Ac. ° e. 20 -SH City of Dublin, Ohio 0 Boulevard Ext. Standard uucwa sy ere Sheet ■m�,..•�..,•«w. ...m and Avery Road Highway o.m: 3rsmn Improvements Easement 1 of 1 w.aurrvm., Jcb Na.: 3013.Oa]611 0 2s' s0' SCALE: 1"=50- I I [I I i I IPoint of Beginning I I N' r oFl � r.a I I �o ori a a ro i I9 a Kp oe � c�a I� N�'27'35'W 1 24.53' Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 PID: 274-000081 P. Michael Houser and Judy Faye Hauser O.R. 07069 F09 Lot 4 Miller Estates P.B. 43, Pg. 75 pL —PL 25 11111 P 5 J' iron pin set w/ "Structurepoint—PS 8438" cap 0I.P.F. iron pipe found ® F.C.G.S. Monument M o PID: 274-000082 Felicia Quinn and John J. Quinn I.N. 200910290156293 Lot 5 o Miller Estates -,La P.B. 43, Pg. 75 S63'1 7'57"E 24.09' n 5 .iae•nd'9A"F — 144.52'_ 4'26"W — 165. IPID: 274-000088 Herbert G. Fladt D.B. 3534, Pg. 150 D.B. 3434, Pg. 188 J Lot 6 0- Miller Estates No. 2 1 P.B. 49, Pg. 43 N78'05'48"W--/ 'T proposed right— Core Rd. 8.08' I of—way parcel P.B. 49, P9. 43 I F.C.G.S. 1934 F.C.G.S. 8847 _ L — — of R/WJT -- Cara Road Basis of bearing: Bearings shown hereon are based on grid north as referenced to the Ohio State Plane Coordinate , ,"11111Frr �s System (South Zone) and the North American ••••�/y�':, Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey ��`�•(p..• ''•,� Z and NGS OPUS solution. BRIAN P. I hereby certify that: '• This drawing represents the results of an actual field survey GINGHAM y of the premises performed by American Structurepoint. Inc., and AO;•. 843gr 8 • C) is true nd correct o the best of knowledge and belief. 9F_GfS Q`EO• 7 2ei'7 .... ••'�` ,•,SS��NALSVP�`�� Brian P. Bing am, P.S. No. 8438 Date '' American Structurepoint, Inc. offrp11��� •55 Philip R. N ll * and Dianne W. Nolette NN NN d UL! AMON r. ---_ AL - ■ _ 48 _ t The Village at son no Balgriffin _ � City of ■ Dublin Comdominiu � v _ � r Whim 46 47 Ginger Shepherd - and 41 ' Karen Marie Sharp James L. Sheperd and Christopher R. Freeman 40 Michael R. Shar _ and Michelle R. Freeman 45 Charles E. Fry, Jr. and 42 Amy L. Fry I City of Dublin T f 38 39 44 John D. Kormorak 42 Mary J. and Reimann City of Dublin Kelly Ma nard haron L. Kormorak and _ _ oe Ma 37 36 g Tax Liens, 42 - Edmund L. K n Larry and LLC City of Dublin P. Michae Kincaid Donna K. Kroh and Judy Faye Houser 28 30 Felicia Quinn A.V.Tadeshi and and John J. Quinn J.D.TadeshiAL IL PN_ William M.Thomas, Jr. and Linda T. Thomas h 0 NINE— top