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HomeMy WebLinkAboutOrdinance 14-24RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 ° Ordinance No. 14-24 Passed , 20 VACATING 0.223 ACRES, MORE OR LESS, OF DAN SHERRI AVENUE AS A PUBLIC ROAD IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND CONVEYING AND COMBINING THE NORTHERN PORTION OF THE VACATED PROPERTY WITH FRANKLIN COUNTY PARCEL NUMBER 274-000049-00, OWNED BY R. THOMAS LOW, AND CONVEYING AND COMBINING THE SOUTHERN PORTION OF THE VACATED PROPERTY WITH FRANKLIN COUNTY PARCEL NUMBER 274-000050-00, OWNED BY RALPH STEVEN MARCUS AND KASONDRA MARCUS, CO-TRUSTEES OF THE S&K LIVING TRUST WHEREAS, the City of Dublin (“City”) owns a 0.223-acre portion of Dan Sherri Avenue (“Right-of-Way Parcel”), which is located west of Avery Road, north of Franklin County Parcel Number 274-000050-00, south of Franklin County Parcel Number 274-000049-00, and which is depicted in the attached Exhibit A; and WHEREAS, the City agreed to a settlement filed as Case No. 07 CVH 010876 and recorded with the Franklin County Recorder’s Office as Instrument No. 201101190010355, pursuant to which the City agreed to vacate the Right-of-Way Parcel; and WHEREAS, the City does not need the Right-of-Way Parcel for roadway purposes and wishes to vacate the same and convey the northern portion of the Right-of- Way Parcel, as described in the attached Exhibit B, to R. Thomas Low, owner of Franklin County Parcel Number 274-000049-00, to be combined with Franklin County Parcel Number 274-000049-00, and to convey the southern portion of the Right-of-Way Parcel, as described in the attached Exhibit C, to Ralph Steven Marcus and Kasondra Marcus, co-trustees of the S&K Living Trust, owner of Franklin County Parcel Number 274-000050-00, to be combined with Franklin County Parcel Number 274-000050-00; and WHEREAS, no other property owners abut the Right-of-Way Parcel except for R. Thomas Low and Ralph Steven Marcus and Kasondra Marcus, co-trustees of the S&K Living Trust; and WHEREAS, R. Thomas Low and Ralph Steven Marcus and Kasondra Marcus, co- trustees of the S&K Living Trust are in agreement with the vacation, conveyances, and lot combinations involving the Right-of-Way Parcel as described herein; and WHEREAS, Ohio Revised Code section 723.04 enables municipalities to vacate streets or any portion thereof where such vacation will not be detrimental to the general interests; and WHEREAS, the City and all Parties acknowledge that the vacation of the Right-of- Way Parcel does not extinguish existing easements, encumbrances, exceptions, limitations, restrictions, reservations, and all other recorded instruments including existing utility easements; and WHEREAS, the City seeks to adopt and record this Ordinance; and WHEREAS, the City is satisfied that good cause exists to vacate the Right-of-Way Parcel and combine certain portions of the parcel with Franklin County Parcel Number 274-000050-00 and 274-000049-00 as described herein, and that doing so will not be detrimental to the general public interest and is in the best interest of RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. Passed the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, lo of the elected members concurring that: Section 1. Council hereby declares that good cause exists for the vacation of the 0.223-acre Right-of-Way Parcel, and that such vacation will not be detrimental to the general public health, safety, or welfare. Section 2. The 0.223-acre Right-of-Way Parcel is hereby vacated. Section 3. That the vacated 0.112-acre northern portion of the Right-of-Way Parcel, as described in the attached Exhibit B, is hereby conveyed to R. Thomas Low and shall be combined with Franklin County Parcel Number 274-000049-00. Section 4. That the vacated 0.111-acre southern portion of the Right-of-Way Parcel, as described in the attached Exhibit C, is hereby conveyed to Ralph Steven Marcus and Kasondra Marcus, co-trustees of the S&K Living Trust and shall be combined with Franklin County Parcel Number 274-000050-00. Section 5. The Clerk of Council is directed to notify the Auditor, Engineer, and Recorder of Franklin County of this vacation, the conveyances, and lot combinations described herein by forwarding a copy of this Ordinance to the County departments. Section 6. = This 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 7. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. ve Passed this io day of am , 2024. (Lok Vice Mayor — Presiding Officer ATTEST: Cleyf of Cofncil Hi To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Initiated By: Philip K. Hartmann, Acting Law Director Date: May 24, 2024 Re: Ordinance 14-24 –VACATING 0.223 ACRES, MORE OR LESS, OF DAN SHERRI AVENUE AS A PUBLIC ROAD IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND CONVEYING AND COMBINING THE NORTHERN PORTION OF THE VACATED PROPERTY WITH FRANKLIN COUNTY PARCEL NUMBER 274-000049-00, OWNED BY R. THOMAS LOW, AND CONVEYING AND COMBINING THE SOUTHERN PORTION OF THE VACATED PROPERTY WITH FRANKLIN COUNTY PARCEL NUMBER 274-000050-00, OWNED BY RALPH STEVEN MARCUS AND KASONDRA MARCUS, CO-TRUSTEES OF THE S&K LIVING TRUST Background and Explanation This Ordinance vacates the right-of-way located on the stub of Dan Sherri Avenue off of Avery Road. It conveys half of the right-of-way to the property owner to the south (Kasondra Marcus) and half of the right of way to the property owner to the north (R. Thomas Low). This Ordinance was necessitated by a Judgment Entry dated January 13, 2011 which resolved a Complaint for Appropriation initially filed by the City in 2007. As part of the agreed terms of the Judgment Entry, the City was to vacate the stub and convey half of the roadway to the adjacent property owners. The property owners were also required to complete a cross-access and parking easement for each portion of property to which they received title. This process, however, was never completed, and it was not until Ms. Marcus initiated the sale of her property that the parties realized the vacation and easements had not been completed. City staff has received pre-approval from Franklin County for the legal descriptions and depiction of the vacation attached to the Ordinance as Exhibits A, B, and C. City staff is also working with Ms. Marcus and Mr. Low to execute Joint Parking and Cross Access Easements regarding usage of the vacated right-of-way between their properties. These easements will be signed and completed by both parties prior to the second reading of this Ordinance or Staff will request the second reading be tabled. The remaining conditions of the Judgment Entry have all been completed. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Memo re. Ord. 14-24 - Vacation of Dan Sherri Drive May 24, 2024 Page 2 of 2 Staff Recommendation Staff recommends City Council approval of Ordinance 14-24 at the second reading on June 17, 2024.