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HomeMy WebLinkAboutOrdinance 020-19RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. 20-19 Passed , AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE 0.009 -ACRE SEWER EASEMENT FROM THE VILLAGE OF BALGRIFFIN CONDOMINIUM, LOCATED ALONG AVERY 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 sewer easement from the parce'is identified as Franklin County parcel numbers 274-000161 to 274-000170; 274- 0002,'28 to 274-000235; 274-000346 to 274-000352; 274-000354 to 274-000365; 274- 000369 to 274-000390, owned by The Village of Balgriffin Condominium (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 interests for the sum of $605.00, 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: Secth:)n 1. The City Manager is hereby authorized to execute and accept all necessary documents to acquire a 0.009 -acre sewer easement from The Village of Balgrif in Condominium, for the appraised value of $605.00,, said property interest located within the common area parcels identified as Franklin County parcel numbers 274-000161 to 274-000170; 274-000228 to 274-000235; 274-000346 to 274-000352; 274-000354 to 274-000365; 274-000369 to 274-000390, and more fully described in the attached Exhibits A and B. S=ign 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 Ordinay�C,`e shall take effect in accordance with 4.04(b) of the Dublin Revise Charter. // Pasc�this 4-61y of 12019. t A X Mayor — Presidi 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 1 of 2 LPA RX 877 S Rev. 06/09 Var. Date 10/24/2017 PID 99815 PARCEL 49-S TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS PERPETUAL EASEMENT TO CONSTRUCT AND MAINTAIN A SEWER IN THE NAME AND FOR THE USE OF THE CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO A perpetual easement for the construction and maintenance of a sewer in, upon and over the within described real estate. Grantor/Owner herein retains the right to use said real estate for any and all other purposes provided that such use does not interfere with nor impair the exercise of the easement herein granted (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 that 1.430 acre tract described in a deed to The Village of Balgriffin Condominium, of record in Instrument Number 200111010252523, 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 the intersection of the existing north right-of-way line for Rings Road and the existing east right-of-way line for Avery Road, both established by that 1.106 acre right-of-way parcel described in a deed to City of Dublin, Ohio, of record in Instrument Number 199802200038026, said point being the southwest comer of said 1.430 acre tract, being a northeast comer of said 1.106 acre right-of-way parcel, and said point being 62.00 feet right of Avery Road proposed centerline of construction Station 137+05.97; Thence North 05 degrees 40 minutes 20 seconds West, along the existing east right-of-way line for said Avery Road and along a west line of said 1.430 acre tract, a distance of 25.00 feet to a point, said point being 62.00 feet right of Avery Road proposed centerline of construction Station 137+30.97; Thence North 83 degrees 56 minutes 15 seconds East, across said 1.430 acre tract, a distance of 15.00 feet to a point, said point being 77.00 feet right of Avery Road proposed centerline of construction Station 137+31.07; EXHIBIT A Page 2 oft LPA RX 877 S Rev. 06/09 Thence South 05 degrees 40 minutes 20 seconds East, continuing across said 1.430 acre tract, a distance of 25.00 feet to a point on the existing north right-of-way line for said Rings Road, being on a north line of said 1.106 acre right-of-way parcel, and being on the south line of said 1.430 acre tract, said point being 77.00 feet right of Avery Road proposed centerline of construction Station 137+06.07; Thence South 83 degrees 56 minutes 15 seconds West, along the existing north right-of-way line for said Rings Road, along a north line of said 1.106 acre right-of-way parcel, and along the south line of said 1.430 acre tract, a distance of 15.00 feet to the POINT OF BEGINNING. The above described sewer easement contains a total area of 0.009 acres within The Village of Balgriffn Condominium common area for Franklin County Auditor's parcels 274-000161 to 274- 000170, 274-000228 to 274-000235, 274-000346 to 274-000352, 274-000354 to 274-000365, and 274-000369 to 274-000390. 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 sewer easement was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438 on October 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. Americana SStructurepooin�t,IIncc. It OF 0,i0'.� /4 ��y5/G 5: • . . f BRIAN P. •� [r D�Yor7 Brian P. Bingham, PS BINGHAM ; ¢ Date Registered Professional Surveyor No. 8438 = $ t, 6430 '?O. � �,ri• 9 '' Yi d t O • Fr+ISTE?.-J City of Dublin, Ohio �'■ O .,,M 956EUMMINT ■ Tuttle Crossing Boulevard E#. and Avery Road Improvements Exhibit "B" 0.009 Ac. Sewer Easement �" '-30 Parcel 49-5 Sheet 1 of 1 o,""n sx °sv cnedea av: era °ie '"T0a01 0 10, 20' Situated in the State of Ohio ® County of Franklin, City of Dublin SCALE: 1"=20' Virginia Military Survey No. 3004 I 1 I I The Village of Bolgriffin Condominium I.N. 200111010252523 I1.430 Ac. I JFy, 3'56'15"E I 00' N05'40'20"W 25.00'S05'40'20"E 25.00' q of R/W Avery RoadS83�IN R/W I I I I Right of Dublin. parcel Ohio City of Dublin, Ohio I.N. 199802200038026 1.106 Ac. I Ob of R/W Rings Road I F.C.G.S. 2229 —� sips. Iron pin set w/ Structurepoint—PS pi set w/ 8438' cap OP ® F.C.G.S. Monument Basis of bearing: Bearings shown hereon are based on grid north as referenced to the "0...°"'°°•. Ohio State Plane Coordinate System (South Zone) and the North American �.` .1E OF Oy Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey .<P,..... •., and NGS OPUS solution. Co.. f BRIAN P. I hereby certify that: p BINGHAM This drawing represents the results of an actual field survey = 9- �` ° of the premises performed by American Structurepoint. Inc., and " �.(�'•'ppar5TEP0 Is true and co�`ct tothebest of my knowledge and belief. 'mow Si'• Brian P. Bingham, P.S. No. 8438 Date American Structurepoint, Inc. I •55 Philip R. N ll * and Dianne W. Nolette NN NN 49 _ 48 _ t The Villag7at . . Balgriffi : City of Comdominiu Dublin � r 47 Karen Marie Sharp and Michael R. Shar a City of Dublin � s 46 Ginger Shepherd and 1!4 jZ: "04 q James L. Sheperd Christopher R. Freeman e and Michele R. Freeman 45 Charles E. Fry, Jr. and Amy L. Fry 42 44 John D. Kormorak and City of Dublin Kelly MaInard haron L. Kormorak and ax Liens, I 42 Larry7. LLC City of Dublin P. Michae I Kincaid and Judy Faye Houser and 42 NII .V. Tadeshi Ahmed Abdul � Felicia Quinn luabeer Qureshi and City of Dublin Ijr an J.D.Tadeshi Willm • John J. uin .0 ` Mary J. Reimann Ed m u a L. K0 and Donna K. Kroh William M.Thomas, Jr. and Linda T. Thomas h