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80-08 ResolutionRECORD OF RESOLUTIONS Resnl~ainn No. Inc.. Foam ~0 300a5 Passed . ~0 80'00 INTENT TO APPROPRIATE A .143 ACRES, MORE OR LESS, UTILITIES EASEMENT AND A .009 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM CHARLES E. AND KAREN S. RICHARDSON, SAID ACREAGE LOCATED NORTH OF EMERALD PARKWAY AND EAST OF COFFMAN ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, AND STATE OF OHIO. WHEREAS, the City of Dublin is preparing to install a waterline as part of its improvement of Emerald Parkway; and WHEREAS, installment of the waterline will require the City of Dublin to obtain a utilities easement as well as a temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B", located in the City of Dublin, County of Franklin, State of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of improving Emerald Parkway and installing a waterline easement; a utilities easement and a temporary construction easement in the premises located in the City of Dublin, County of Franklin, State of Ohio as more fully described in the legal descriptions attached hereto as Exhibit "A" and Exhibit "B". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this day of ~/~ 1J-ef'h~ -ems , 2008. Mayor -Presiding Officer ATTEST: Clerk of Council SCHOTTENSTEIN ZOX & D U N N ~o.,~P~ MEMORANDUM TO: Dublin City Council Marsha Grigsby, Interim City Manager Paul A. Hammersmith, PE, Director ofEngineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: October 30, 2008 RE: Resolution No. 80-08 -Emerald Parkway Improvement Project Charles E. and Karen S. Richardson PROJECT BACKGROUND: The City of Dublin is preparing to install a thirty (30) foot, eight (8) inch wide waterline in its effort to improve Emerald Parkway. The installation of the waterline requires the acquisition of utilities easements and a temporary construction easement from two property owners. ACQUISITION INTRODUCTION: This memorandum discusses the acquisition of property owned by Charles E. and Karen S. Richardson. The acquisition consists of a .143 acres, more or less, utilities easement and a .009 acres, more or less, temporary construction easement located north of Emerald Parkway and east of Coffinan Road, City of Dublin, County of Franklin, State of Ohio. ACTION TAKEN IN THIS CASE: The Law Department engaged M/E Companies (Mr. James Howard} to negotiate the acquisition with the landowners. This negotiation will continue to take place after passage of ww.SZD.com this resolution. This resolution indicates the City's intent to appropriate the above land. This resolution merely begins the eminent domain process and further legislation is necessary to c°'°"'a'S begin acquisition of the land. c~r~,e c'""""2° If an agreement is reached, then the Law Department will prepare an ordinance authorizing the City Manager to enter into a real estate purchase contract with the landowner. If an agreement cannot be reached, the Law Department will proceed with preparing an ordinance for presentation at an upcoming City Council meeting regarding litigation. RECOMMENDATION: The Law Department recommends approval of Resolution No. 80-08. {H1362795.1} 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 EXHIBIT a ~ A Page 1 of 1 ARCEL CHARLES E. RICHARDSON III KAREN S. RICHARDSON 6-U Emerald Parkway Version Date 07-23-08 CITY OF DUBLIN EXCLUSIVE 30' WIDE 8-INCH WATERMAIN EASEMENT FROM CHARLES E. RICHARDSON III and KAREN S. RICHARDSON Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2543, and being Lot 25 as shown and delineated upon the recorded plat of "THE WOODS OF INDIAN RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio. Beginning, for reference, at an iron pin found at the southwest corner of said Lot 25, same being the southeast corner of Lot 26 as shown and delineated upon the said recorded plat of "THE WOODS OF INDIAN RUN" and being the TRUE POINT OF BEGINNING; Thence N 24°38'14"W a distance of 67.94 feet along the property line between said Lot 25 and Lot 26 to an angle point; Thence N 20°21'46"E a distance of 23.49 feet along a new line into the Grantor's property to an angle point; Thence N 34°55'57"W a distance of 92.95 feet along a new line across the Grantor's property to the west line of said Lot 25, same being the east line of Lot 26; Thence N 24°38'14"W a distance of 13.99 feet along the line between said Lot 25 and Lot 26 to an iron pin found at the northwest corner of Lot 25, same being the northeast corner of Lot 26 and lies on a circular curve in the southeasterly right-of--way line of Forest Run Drive; Thence along the southeasterly right-of--way line of Forest Run Drive on a curve to the left, having as its elements a radius of 50.00 feet, a delta of 32°05'23", an arc length of 28.00 feet, with a chord bearing of N 49°19'04" E a distance of 27.64 feet to the end of said curve; Thence S 34°55'57"E a distance of 125.20 feet along a new line, non tangent to the previous course into and across the Grantor's property to an angle point; Thence S 20°21'46"W a distance of 26.78 feet along a new line across the Grantor's property to an angle point; Thence S 24°38'14"E a distance of 69.33 feet along a new line across the Grantor's land, 30 feet northeasterly of and parallel to the west line of Lot 25 (as measured by right angles) to a point in the south line of Lot 25, same being the north line of a 4.569 acre tract of land, conveyed to The Board of Education, Dublin Local School District as recorded and described in Official Record 29651H02, of the Franklin County Recorder's Office; Thence N 89°54'50"W a distance of 33.03 feet along the south line of Lot 25 and the north line of said 4.569 acre tract conveyed to The Board of Education, Dublin Local School District to the TRUE POINT OF BEGINNING. The above described area contains 0.143 acres within the Franklin County Auditor's Parcel Number 273-006011. Grantor claims title by Instrument 200804140056531, in the records of Franklin County, Ohio. This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in June, 2008, and upon available public records. Bearings used in this description are based on the plat of "THE WOODS OF INDIAN RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio and are for the determination of angles only, with the west line of Lot 25 being held as S24°38' 14"E as shown , ~4Aj1\/11111 rrr,,rr .• ~ 0 F ''' ;~ •'~p'~ WALTER ~ y~ _ `' a ~ ~ DODSQP! F ~6 a t ., '• v~y o~ ~'~-2 ;- D~ Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. EXCLUSIVE 20' WIDE 8-INCH WATERMAIN EASEMENT CITY OF DUBLIN ~ / ~ ~0. i -n \~ 'G O ~ ~~ ~` LOT -A \~ C Z 0 1 ~ I -J G, CAF /~/ (~ , ~,`' ~ ]1 ~P. ~~ LOT 26 '~; Ex. 10' U. Esmi. -~-- -+~- P.O.B , 1 n4 I 1 THE 1(J0~0 S OF INDIAN RUN `, 76 PG ~ F+ o,~ I 24 t ~~ `. ~' "o ~ ~ ~ `~ S ~ ~ ~ ` > ~ '` F, - `~ ~ s ~ ~ _ _ ~, 0f Proposed Exclusl~e ~- 2p' WolkwoY ~~mt. -30' W+de 8-Inch ``x:_--~'" ~~~ ~~ Wotermain Eosement ~ ~~ CHARLES E. RICHARDSON ~~ °~ ~ 100• is and KAREN S. RICHARDSON `, Y~LY~ 5150 FOREST RUN DR ` `, p ~ 273-006011 ~~ '~ G Insl. ,200804140056531 ~ U+ LOT 25 (1.741 Ac. Colc) `~ ~ ~ r------- I ~ ________ J f - ~,-~~'------- I ~- sti _ , ~~ ~Q L8 -~---- sf o00~~- Ex. 25' Walkwoy Esmt. a'~~~~~F~ 0~ THE BOARD OF EDUCATION ~ ~ 99 ~OP^ DUBLIN LOCAL SCHOOL DISTRICT ~ ~sp,090F/a,pG6 273-007483 \9o°AO'~p ~~~%y O.R. 29651 H02 ~ PS 0~ i 4.569 Acres DETAIL "A" `. Ss~ 0 ~~pHriii,rrr,.r. r'~ ~ E. 0 F 0 '•,,• I do hereby certify that this plat was based upon actual surveys~~•$f~, •,.• ""' the premises performed in JL+ne, 2008, and upon availoble publj~ f. ;' ~~ll~ • y '• records. Beorings used in are based upon "THE WOODS OF IND~Ih : ~ ~`./ RUN" os recorded in Plot Book 76, Page 9, and ore for the = OODSaN . determinotion of ongles only, with the westerly line of lot 25 tfeillg,~ ~ ; ,~ held as S24'38'14'E, as shown. ~ .F ~ k, ~•.. ... •, V E ,, Wolter Allen Dodson, PS 6446, Ohio EXHIBIT "B" CHARLES E. RICHARDSON and KAREN 5. RICHARDSON 5150 FOREST RUN DR - - - ~ 24 273-006011 ~~~T/AIBERNEWOR ~ 27 ~O 11Q SQQ, 25 I ~ ~ 63 62 61 26 c 2~ CITY OF DUBLIN ~~ O,n 273-010206 /i - -'~.~ SEE DETAIL "A" 9~~Gti ~~' ~/ ~ DUBLIN BOCALD SOCHDOL DISOTRICT ~/ EME~ D PpR~wpy 273-007483 ~/ j CARDINAL HEALTH, 1NC. ~ 4775 Emerald Pkwy ~ I 273-D08203 ~ Insl. N19970619D027380 30.197 Acres - - - CARDINAL HEALTH, INC. j 5075 Emerold Pkwy 273-008210 %~j Inst. x'199708070065980 31.534 Acres i~ ~ 1 rL~O LOCATION MAP ~ ~. LINE DATA TABLE LINE # BEARING LENGTH L1 N 24'38'14" W 67.94' L2 N 20'21'46" E 23.49' L3 N 34'55'57" W 92.95' L4 N 24'38' 14" W 13.99' L5 S 34'55'57" E 125.20' L6 S 20'21'46" W 26.78' L7 S 24'38' 14" E 69.33' LS N 89'54'50" W 33.03' CURVE DATA TABLE C# D L R C CB C1 32'05'23" 28.00' 50.00' 27.64' N 49'19'04" E Bur`ees 8 Niple 5005 Reed Roed, ColumEue, OAio 43220 (814) 450-2050 I Survey tor. CITY OF DUBLIN CHARLES E. RICHARDSON III KAREN S. RICHARDSON 5150 FOREST RUN DR Dwg: EJG cnk: WAD 07-23-OB stole: SHOWN snt: 1 1 PR44887 EXHIBIT 8 RCEL Version Date Page 1 of 1 CHARLES E. RICHARDSON III KAREN 5. RICHARDSON 6-T Emerald Parkway 07-23-08 CITY OF DUBLIN TEMPORARY CONSTRUCTION EASEMENT FROM CHARLES E. RICHARDSON III and KAREN S. RICHARDSON Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2543, and being Lot 25 as shown and delineated upon the recorded plat of "THE WOODS OF INDIAN RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio. Being a TEMPORARY CONSTRUCTION EASEMENT, of varying width within said Lot 25 as shown on the attached drawing, and adjacent to a proposed exclusive 30' wide 8-inch water main easement. The above described area contains 0.009 acres (392.04 sq ft) within the Franklin County Auditor's Parcel Number 273-006011. Grantor claims title by Instrument 200804140056531, in the records of Franklin County, Ohio. PROPOSED TEMPORARY CONSTRUCTION EASEMENT EXIHIBIT CITY OF DUBLIN ~ ~ °" ~ THE ~VO`0 S OF INDIAN RUN -r ~ 'G o F '~ 76 PG ~ $ ~ ~ J, 1 1 ~ F+ ^,~ I Cn ~ 7j 1 ` ~ 9 ~. ~` LOT 24 ~~ ~` `~?°' ^PO I C ` ~ ` ~~ S ~ \\ 'mot" ~ \ \\ \\ So' Z ~ ` ~ ~ ~ ~ ~ ~ ~ I \ `~ `~ . c"S ~.-- ~ \ ~ - ~~ \~\ \~--: µlolkwoy ~~mt. ~ N5 '49'23"E A• 20 _ -.- , 20. 0' CHD ass, `~":__--'' ~ ~ `~ p~ \ ~~F CHARLES E. RICHARDSON . ` ~ \ ~ and KAREN S. RICHARDSON ~ o,'~ '?so' ~ ~~\ ~ ~ ~~ 5150 FOREST RUN DR ~~ ~ ~ 273-006011 `~ \ lA w ~ Inst. ~2006D4140056531 ` ~~ LOT 26 ~` ~ ~ ~~~ LOT 25 (1,741 Ac. Colc.) 1 ~. (niP _______ "= Proposed Exclusive ________ ~ _ 30' Wide 8-Inch I ~ Watermoin Eosement -- ~' ~ ~ Ex 10' U. Esmt~ ~ S tiF -~-- -R-~~-----f~---- °s ~o ci 1 \QE f 0 Ex. 25' Wolkwoy Esml. ~~~~~ ~~~~ THE BOARD OF EDUCATION ~ ~ 99 ~0`~^ 1 DUBLIN LOCAL SCHOOL DISTRICT ~ `~sp~~~q~9 ~a~G "' 273-007483 \y ~ v~A,o~9~i I O.R, 29651 H02 ~°~0~0 i2 4.569 Acres DETAIL "A" `s ass ~o I do hereby certify that this plot was bosed upon actual surveys of the premises performed in June, 2008, and upon available public records. Beorings used in are bosed upon "THE WOODS OF INDIAN RUN" as recorded in Plot Book 76, Poge 9, and are for the determination of ongles only, with the westerly line of lot 25 being held as S24'38'14'E, as shown. ~~ ~ c D7-Z 3-~~; Wolter All Dodson, PS 6446, Ohio E CHARLES E. RICHARDSON L-~ and KAREN S. RICHARDSON I 5150 FOREST RUN DR 1` j 24 273-006011 I` ~~~BER~W DR ~ 27 - --- -~ 25 63 62 61 26 ?~ CITY OF DUBLIN ~~ O,n 273-010206 SEE DETAIL "A" ~ oo9a~~Yi // THE BOARD OF EDUCATION DUBLIN LOCAL SCHOOL DISTRICT 273-007483 CARDINAL HEALTH, INC. 5075 Emerald Pkwy 273-006210 Inst. X199708070065980 31.534 Acres LOCATION MAP ,,rpHU,nr„~ , ,,, ~ --. ,, ~ ,,...,... o '•. :~ .~ .~w~~. yo. * DOD~flR . p ~ O ~ # '• F ~. . `~GR's.fE~o~ ,',~ VEv LINE DATA TABLE LINE ~ BEARING LENGTH L1 S 79'20'32" E 17.86' L2 S 34'55'57" E 12.75' L3 S 8'52'05" E 28.45' L4 N 34'55'57" W 51.06' CARDINAL HEALTH, INC. 4775 Emerold Pkwy 273-008203 Inst. k19970619D027380 30.197 Acres 1 ~~~ 500' Bur~eee k Niple 5085 Reed Road, ColumEus, Ohio 43220 (814) 459-2050 survey for: CITY OF DUBLIN CHARLES E. RICHARDSON III KAREN S. RICHARDSON 5150 FOREST RUN DR TEMP. CONST. ESMT. Dwg: EJG CNk: WAD 07-23-08 Score: SH014N SNt: 1 1 PR44887