Loading...
HomeMy WebLinkAboutOrdinance 027-20RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Ordinance No. 27-20 Passed , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.204 ACRE, MORE OR LESS, PERPETUAL EASEMENT FROM THE MUIRFIELD ASSOCIATION, INC. FROM RESERVE "RRRR" LOCATED ON THE NORTH SIDE OF GLICK ROAD FOR THE CONSTRUCTION AND MAINTENANCE OF THE GLICK ROAD, SECTION 3 SHARED -USE PATH WHEREAS, The City of Dublin ("City") is preparing to construct a shared -use path connection adjacent to Glick Road as part of the Section 3 of the Glick Road Shared - Use Path Project (the "Project'); and WHEREAS, as part of the Project, the City needs to acquire a perpetual easement from the Muirfield Association, Inc. (the "Grantor's from the property located on the north side of Glick Road, between Carnoustie Drive and Din Eidyn Drive, which is designated as Reserve RRRR; and WHEREAS, the City and the Grantor participated in good faith discussions and the Grantor has agreed to donate the perpetual easement to the City at no cost; and WHEREAS, the City desires to execute necessary conveyance documents and/or formally accept the conveyance to complete the transfer of the properly interest between the City and the Grantor. 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 all necessary conveyance documents and formally accept a 0.204 -acre perpetual easement, at no cost, for the Project, said easement located within the parcel identified as Delaware County Parcel No. 60034123001000, 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. Section 3, This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Passed this r � 1 day of ��4�1�� , 2020. Z5S___ yor —Presiding Officer ATTEST: Clerk of Council Form 6220S City of Dublin Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 22, 2020 Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Kenneth B. Richardson, PE, PS, Senior Civil Engineer Yazan S. Ashrawi, Attorney At Law Memo Re: Ordinance No. 27-20 Donation of a Public Perpetual Easement from the Muirfield Association Glick Road Shared -Use Path, Section 3 BACKGROUND The City of Dublin (the "City") is preparing to construct Section 3 of the shared -use path adjacent to Glick Road (the "Project's which will be located along the north side of Glick Road from Carnoustie Drive to Din Eidyn Drive and then along the south side of Glick Road from Din Eidyn Drive to Muirkirk Drive (east). The City is obtaining certain property interests from the Muirfield Association to construct the path. In areas where the path is not located within the existing right-of-way, it will be located within areas owned by the Muirfield Association, Inc. (the "Association'). As a result, the City must acquire certain property interests from the Association in order to construct the project. The Association property is located on the north side of Glick Road, between Carnoustie Drive and Din Eidyn Drive, and is designated as Reserve "RRRR" (see attached location exhibit). After engaging in very amicable and supportive discussions, the Association has agreed to dedicate, as a donation to the City the necessary Perpetual Easement. ACQUISITION The City will be acquiring from the Association only the property interest necessary for purposes of the Project, as depicted in the legal description and location exhibit attached to this memorandum. The City will be acquiring the property interests at no cost. Ordinance No. 27-20 would allow the City Manager to execute all necessary conveyance documentation to formally accept the dedication as a donation of the aforementioned property interests in the form of a perpetual easement. RECOMMENDATION Staff recommends adoption of Ordinance No. 27-20 at the second reading/public hearing on October 12, 2020, as this ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally accept the donation of the necessary property interests described above. EXHIBIT A PARCEL 1 -PE GLICK ROAD SHARED -USE PATH SECTION 3 PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, STORM DRAINAGE, SHARED -USE PATH AND GRADING IN THE NAME AND FOR THE USE OF THE CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Reserve "RRRR" delineated on the Muirfield Village Phase 33, Part 1 subdivision plat in Plat Book 20, Page 144 and conveyed to Muirfield Association Inc by Deed Book 509, Page 472, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an 5/8" diameter iron pin found with a cap that reads "PLSS RS 6612" in the intersection of the south Right of Way of Glick Road (RM/ varies) and the northeast corner of Reserve "CCC" as delineated on Muirfield Village Phase 12 subdivision plat in Plat Book 12, Page 42; Thence, North 17020'33" West, a distance of 80.00 feet, crossing said Glick Road to a point in the intersection of the north Right of Way of said Glick Road and said Reserve "RRRR"; Thence, South 72039'29" West, a distance of 183.73 feet, in the common line said Glick Road and said Reserve "RRRR", to the True Point of Beginning; Thence, South 72039'27" West, distance of 290.00 feet continuing in the common line of said Glick Road and said Reserve "RRRR" to a point; Thence, crossing said Reserve "RRRR" the following five courses 1. North 17020'32" West, a distance of 10.00 feet to a point; 2. North 72039'27" East, a distance of 50.00 feet to a point; 3. North 17020'32" West, a distance of 25.00 feet to a point; 4. North 72039'27" East, a distance of 240.00 feet to a point; 5. South 17020'32" East, a distance of 35.00 feet to the Point of Beginning, containing 0.204 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (2011). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described tract is a part of Auditor's Tax Parcel Number 60034123001000 and is based on Plat Book 12, Page 42 and Plat Book 20, Page 144. I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in August 2020 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC Ills �P y� 09/14/2020 'f A Charles A. Wagner - Professional Surveyor 8091 Date O -.4��NAL 0 50 POINT OF REFERENCE Q 25 N 17°20'33"W 80.00' PLSS RS 6612 1 =50' SYMBOL LEGEND 30' 50' OI.P. F. IRON PIN FOUND BASIS OF BEARINGS m 0 N THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE I COORDINATE SYSTEM NORTH ZONE, NAD83 Of Q LIE > d (2011). co o C9 v Lu EX 10' EASEMENT of J CJ DB 427, PG 214 �7�,1 3 o 0 o J a EX 10' EASEMENT PB 20, PG 144co Q o m o m w a POINTOF Of v Of w LL BEGINNING w w w Of j S S17°20'32"E 35.00' 0.204 ACRE PERPETUAL EASEMENT FOR PUBLIC UTILITIES, STORM DRAINAGE, SHARED-USE PATH, AND GRADING � Isla Z M z = D�Noav ~af �O W "r O fn Qafaf v� 0- a o Q a W o I W J O N O i O W m m o O W W O cO J Ir':�: �r u� LLLY W Z.N NQ m (n Q 1.1. N 0 co � Y IO EX PERMANENT EASEMENT : EX 20' EASEMENT F PB 18, PG 22&23 3 :: z z z z N17°20'32"W 25.00' zaw \�tttt.�E OF _ J ` `� ��Q, •..........•'Sid c= N72°39'27"E 50.00' I LU LU ;� CHARLES HEREBY CERTIFY THIS PLAT WAS BASED FIELD X A. SURVEY CONDUCTED BY CW DESIGN GROUP, LLC W WAGNER p UNDER MY GUIDANCE IN AUGUST 2020 AND TO O .� S-8091 THE BEST OF MY KNOWLEDGE DEPICTS THE _ 'n '••� �', BOUN ARY LINES-� 'C/$TE• cj �J� N17°20'32"W 10.00' I � S .• J ��` 4/ 09/14/2020 ' ;S�ON,ALfI'111, t,� CHARLES A. WAGNER, PS-8091 DATE CW DESIGN GROUP, LLC EXHIBIT B zo 0018 CW Design Gxoup PARCEL 1-PE GLICK ROAD SHARED-USE PATH SECTION 3 e PHONE 614-846-9279 PERPETUAL EASEMENT FOR 972 Linkfield Drive PUBLIC UTILITIES, STORM DRAINAGE, SHARED-USE Worthington, Ohio 43085 PATH, AND GRADING