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Home My WebLink AboutOrdinance 062-19RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO 62-19 Ordinance No. Passed AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS AND TO ACCEPT CONVEYANCE OF A 0.072 -ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF- WAY, WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS FROM CBJ ON HIGH, LLC, FROM THE PROPERTY LOCATED AT 158 S. HIGH ST. WHEREAS, the owner of 156 and 156 S. High St. has submitted proposals to the Architectural Review Board for the construction of two new houses; and WHEREAS, as part of the proposal, the owner is proposing a lot line adjustment as well as the dedication of right-of-way to the City for a portion of the property that is currently encumbered by roadway (present road occupied, or PRO); and WHEREAS, the City desires to formally accept the conveyance of the 0.072 -acre fee simple warranty deed area, without limitation of existing access rights, for use a public right-of-way, from the parcel identified as Franklin County Parcel No. 273-000067-00, owned by CBJ on High, LLC (the "Grantor"), said property interest being more fully described in the attached Exhibit A and depicted in the attached Exhibit B; and WHEREAS, the City and the Grantor participated in good faith discussions and the Grantor has agreed to donate the property interest to the City at no cost; and WHEREAS, the City desires to execute necessary conveyance documents and/or formally acceptance the conveyance to complete the transfer of the property interest between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED by the Cou cil 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 all necessary conveyance documents and formally accept a 0.072 -acre fee simple warranty deed for right-of-way, without limitation of existing access rights, from CB] on High, LLC, at no cost, for use as public right-of-way, said property interest located within the parcel identified as Franklin County Parcel No. 273-000067-00, and 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. ATTEST: d Clerk of Council fect in accordance with 4.04(b) of the Dublin 12019. Form 6220S Office of the City Manager 7City of Dublin Phonne: 614.410.4 00 ParkwayEmerald F x: 6l14.O4 0.4490 1090 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: October 29, 2019 Initiated By: C. Aaron Stanford, P.E., Senior Civil Engineer Re: Ordinance No. 62-19 Background Memo Authorizing the City Manager to Execute Necessary Conveyance Documents and to accept conveyance of a 0.072 -acre fee simple warranty deed for right-of- way, without limitation of existing access rights from CB] on High, LLC, from the property located at 158 S. High St. The City of Dublin Architectural Review Board recently approved two Minor Project Review applications (19-056 and 19-069) for the construction of two new homes located at 156 and 158 South High Street. The parcel for 158 South High Street currently extends to the center of the South High Street and is encumbered by roadway (present road occupied, or PRO). Through good faith discussions, the owner has agreed to dedicate to the City of Dublin, at no cost, the public right-of-way, consistent with other properties adjacent to the parcel. The description (Exhibit A) and survey (Exhibit B) for the area is attached for your reference. Recommendation Staff recommends approval of Ordinance 62-19 at the second reading/public hearing on November 18, 2019. Portion above reserved for State of Ohio Auditor, Engineer and Recorder's Offices use GENERAL WARRANTY DEED (R.C. § 5302.05) KNOW ALL PERSONS BY THESE PRESENTS THAT CBJ ON HIGH, LLC ("GRANTOR"), whose tax mailing address is 6706 Harriott Rd., Powell, Ohio 43065, for good and valuable consideration, which receipt and sufficiency are acknowledged, paid by the CITY OF DUBLIN, OHIO ("GRANTEE"), an Ohio municipal corporation, whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, does forever grant in fee simple title with all general warranty covenants under section 5302.06 of the OHIO REVISED CODE, Subject to easements, conditions, and restrictions of record, to Grantee, and Grantee's successors and assigns, without limitation to existing access rights, and for purposes of public right-of-way, the following described real property: 0.072 ACRES (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A", DEPICTION ATTACHED AS EXHIBIT "B", AND MADE A PART OF THIS INSTRUMENT) FRANKLIN CO. PARCEL NO.: SPLIT FROM PARCEL NO. 273-000067-00 INSTRUMENT REFERENCES: INSTRUMENT NOS. 20 1905 140056 149 & 201905140056150; RECORDER'S OFFICE; FRANKLIN COUNTY, OHIO THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT A AND DEPICTED ON EXHIBIT B IS INTENDED BY GRANTEE TO BE HELD FOR USE AS PUBLIC RIGHT-OF-WAY. Executed this day of 12019. (SIGNATURE AND ACKNOWLEDGEMENT ON THE FOLLOWING PAGE) 1 GRANTOR CBJ ON HIGH, LLC, AN OHIO LIMITED LIABILITY COMPANY ME Its: Date: STATE OF OHIO COUNTY OF ) SS: BE IT REMEMBERED that on this day of 2019, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the of CBJ ON HIGH, I,I,C, AN OHIO LIMITED LIABILITY COMPANY, on behalf of Grantor in the foregoing General warranty Deed, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. 0127206.0607928 4828-1611-9206v1 Notary Public 7 his Instrument Prepared By: Frost Brown Todd LLC One Columbus, Suite 2300 10 West Broad Street Columbus, Ohio 43215 2 PATRIDGE SURVEYING LLC Exhibit A DESCRIPTION OF A 0.072 ACRE TRACT (RIGHT OF WAY AREA) Tract C Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 2542, and being part of an original 0.477 acre tract conveyed to CBJ on High LLC in Instrument Number 201905140056150 and all of the original 0.237 acre tract also conveyed to CBJ on High LLC in Instrument Number 201905140056149 and being more particularly described as follows; Beginning for reference at a point in the south line of said original 0.477 acre tract at an iron pin found in the east right of way line of S. High St. (Dublin Road) at the northwest corner of Lot 1 in the Belle View Subdivision as delineated and recorded in Plat book 88, Page 49; Thence South 81°16'38" West 7.00 feet to an iron pin set in the east line of said S. High St. (Dublin Road) marking the Principal Place of Beginning of the herein described 0.069 acre tract; Thence South 81016'38" West 33.00 feet, in the south line of said original 0.477 acre tract, to a mag nail set in the centerline of S. High St. (Dublin Road); Thence continuing North 07056'39" West 94.97 feet, in the centerline of said S. High St. (Dublin Road) to a MAG Nail set marking the northwest corner of said original 0.477 acre tract; Thence North 81032'01" East 33.00 feet, to an iron pin set in east line of S. High Street (Dublin Road) at the southwest corner of said original 0.237 acre tract, and in the north line of said original 0.477 acre tract; Thence South 07056'39" East 94.82 feet, to the Principal Place of Beginning, containing an area of 0.072 acre more or less. (Present Road Occupies 0.072 acre), Of which is out of said 0.477 acre tract (Auditors Parcel 273- 000067) Basis of bearings from, GPS observation, NAD 88 Ohio SPC south zone, based on the centerline of said Dublin Road being North 070 56'39" West. A survey of the above described premises was done by Robert T. Patridge Jr. P. S. 7462, in June 2019. All iron pins set 508" rebar, 30" long and are yellow capped "PATRIDGE SURVEYING" All iron pipes found are %" All referenced documents are on file at the Franklin County Recorder's Office, Columbus, Ohio 13197-a-rw 6/26/2019 0%1111OP /62 + ROBERT �� + o • PATRIDQE, : 7k 'ao q 7462 %`ted' c��tS •-��!,b:`� No bomd-avolawo PPELi iNARY APPROVAL. FRANKLIN COUNTY ENG INEEMNGI DEPT: 1b J �,• .1 1 isy: For: CBJ ON HIGH, LLC Basis of bearings GPS, NAD 88 based on the centerline of S. High St. being N 07° 56' 39" W. ADJOINING PROPETY OWNER JAY V. & JENNIFER M. SCHWANKE 0. L I INST. N0, 201307180120724 0.46 AC.- --1 r�• TRACT C 0.072 Ac (A m � x � z J Ip f V � LEGEND X •fo nd it n in are un%ss ogherwise 6®ppppAAtltlN ” s® set iron pin (capped PATRIDGE SURVEYING) O ROBE T A MAG nail set Z PATRIDGE C 1 s � 00° 7462 % it ROAD POWELL, OHIO 43065 C T I ��SS/raN}�+++` 1� ONAtl�AAApAppi+, �1► le JAY V. & JENNIFER M. SCHWANKE 0. L I INST. N0, 201307180120724 0.46 AC.- --1 r�• TRACT C 0.072 Ac (A m � x � z J Ip f V dyas M & D PARTNERS, LLC NST. N0. 200505310103306 0.45 A0 . _ ." C O O C�N—s o 1 32'01" E 33.00 (0.254 AC.) POINT OF MBEGINNING x to W TRACT A 0.254 Acro �I LEGEND g„"4" •fo nd it n in are un%ss ogherwise 6®ppppAAtltlN ” s® set iron pin (capped PATRIDGE SURVEYING) O ROBE T A MAG nail set ° 0 m 0 T. o PATRIDGE a PATRIDGE JR. ° SURVEYING L.L.C. 9464 DUBLIN s � 00° 7462 % it ROAD POWELL, OHIO 43065 O� a :� �40�gi4?ER Q TEL. (614)-799-0031 ��SS/raN}�+++` FAX (614)-300-5076 ONAtl�AAApAppi+, 5'O le dyas M & D PARTNERS, LLC NST. N0. 200505310103306 0.45 A0 . _ ." C O O C�N—s o 1 32'01" E 33.00 (0.254 AC.) POINT OF MBEGINNING x to W TRACT A 0.254 Acro E N 81' TRACT 8 0.388 Acro (PRO=0.089 ACRE) (0.477 AC.) rn POINT OF BEGINNING EFERENCE POINT OF BEGINNING 0.254 AC. C63 ON HIGH LLC PARCEL ONE 0.477 AC. INST• N0. 201905140056150 000067 PAR• N0.273 7 001 Wm BELLE VIEW 81' 16 38 49 0 40 801 tl Scale 14V 40' JUNE, L 9 BRADLEY D. & L1NDY LYON NST No, 201705180066921 0.21 AC. XISTING ENT20 AN U l u• HIGH LLC CB3PARON CEL ONE ` v 1 0 0201 05140056149 INST. NOVO 273 000078 PAR. ` 0.237'Acre� E N 81' TRACT 8 0.388 Acro (PRO=0.089 ACRE) (0.477 AC.) rn POINT OF BEGINNING EFERENCE POINT OF BEGINNING 0.254 AC. C63 ON HIGH LLC PARCEL ONE 0.477 AC. INST• N0. 201905140056150 000067 PAR• N0.273 7 001 Wm BELLE VIEW 81' 16 38 49 0 40 801 tl Scale 14V 40' JUNE, L 9 BRADLEY D. & L1NDY LYON NST No, 201705180066921 0.21 AC. XISTING ENT20 AN 51 wo y OD A 5'O le 04 181.60' `A--/, 1 9 � ,,-I 6 38 1N 1 \nEBER � H. 1 RICARD cm N0. 1998012200012418 INST. 1 Wim" 0.384 AC. Z 1 hereby certify that I have surveyed the property described in the foregoing title caption, and that said survey and plat are accurate and correct to the best of my knowledge. Easements, restrictions, utilitie and rights— —way not locat d, unless not 2: Robert T. Patridge Jr. Professional Surveyor No. 7462 13197—S-19 M x rt 9■