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Home My WebLink About34-09 OrdinanceRECORD OF ORDINANCES Dayton Lcsal Blank, Inc. Ordinance No. Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A 0.106 ACRE, MORE OR LESS, UTILITIES EASEMENT AND A 0.012 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM OHIO SEED IMPROVEMENT ASSOCIATION, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin is preparing to widen Avery Road between Shier Rings Road and Tuswell Drive/Innovation Drive; and WHEREAS, said widening shall require the City of Dublin to obtain a 0.106 acre, more or less, utilities easement and a 0.012 acre, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B" from Ohio Seed Improvement Association; and WHEREAS, the City desires to execute any necessary conveyance documentation to obtain the aforementioned property interests. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.106 acre, more or less, utilities easement and a 0.012 acre, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" and Exhibit "B" from Ohio Seed Improvement Association. Section 2. The landowner shall be compensated in the amount of Six Thousand One Hundred Dollars ($6,100.00) for the acquisition of the aforementioned property interests. Section 3. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt widening of Avery Road is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect upon adoption. Passed this ~ day of , 2009. Mayor -Presiding Officer ATTEST: 34-09 Clerk of Council SCHOTTENSTEIN ZOX~;DUNN _lfElfUR-1.UD U~Lf TO: Dublin City Council Terry D. Foegler, City Manager Paul A. Hammersmith, PE, Director of EngineeringlCity Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: June 25, 2009 RE: Ordinance No. 34-09 -Ohio Seed Improvement Association Avery Road Widening PROJECT BACKGROUND The City of Dublin ("City") is preparing to widen Avery Road between Shier Rings Road and Tuswell !Innovation Drive. In order to commence this project, the City needed to acquire property interests from six landowners on Avery Road. These acquisitions are smaller in nature, and consist of the acquisition of only easement property rights. ACQUISITION INTRODUC TION: This memorandum discusses the acquisition of property interests from Ohio Seed Improvement Association. This acquisition consists of a 0.106 acres, more or less, utilities easement and a 0.012 acres, more or less, temporary construction easement, said acreage located in the City of Dublin, County of Franklin, State of Ohio. The appraised amount of this property interest was Six Thousand One Hundred Dollars ($6,100.00). ww.SZD.com columbu: cle.el,tw ACTION TAKENIN THIS CASE The Law Department and its negotiators were able to successfully negotiate each of the necessary acquisitions for this project at the value appraised by the City's appraiser. The ordinance associated with this memorandum would allow the City Manager to execute all necessary conveyance documentation to formally acquire the aforementioned property interests. RECOMNIENDATIi 1N: The Law Department recommends dispensing with the public hearing and passage of Ordinance 34-09 by emergency at the July 1, 2009 Council meeting. The acquisition of this easement is necessary for the road widening project, and is necessary for the public health, safety and welfare of the City's residents as it will improve traffic circulation and relieve traffic congestion. 250 West Street, Columbus. Ohin a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43`<1 F ,020 I EXHIBIT PARCEL 51-U AVERY ROAD WIDENING PROJECT GENERAL UTILITY & DRAINAGE PERMANENT EASEMENT 1 of 2 PID PARCEL 51-1J PROJECT AVERY RD Version Date 07/30/08 Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 3004, and being part of Lot 7 of Shamrock Industrial Park of record in Plat Book 51, Page12 as conveyed to Ohio Seed Improvement Association by deed of record in Deed Book 3550, Page 830, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows; Beginning at a point in the existing easterly right-of--way line of Avery Road, at the common corner of Lots 6 and 7 of said Shamrock Industrial Park, and being the southerly corner of the 0.023 acre tract conveyed to the City of Dublin by deed of record in Instrument Number 199712050160798; Thence North 02 deg. 29 min. 24 sec. West, a distance of 308.90 feet along the existing easterly right-of--way line of said Avery Road, being the easterly line of said 0.023 acre tract, to a point at the southwesterly corner of the Resubdivision of Lot No. 8 in Shamrock Industrial Park of record in Plat Book 66, Page 46, and being the northwesterly corner of said Lot 7; Thence North 83 deg. 48 min. 36 sec. East, a distance of 15.03 feet along the common line of said Lot 7 and said Resubdivision of Lot No. 8, to a point; Thence South 02 deg. 29 min. 24 sec. East, parallel with said existing easterly right-of- way line of Avery Road, a distance of 307.62 feet across said Lot 7 to a point in the common line of said Lots 7 and 6; Thence South 78 deg. 59 min. 53 sec. West, a distance of 15.17 feet along the common line of said Lots 7 and 6 to the Point of Beginning of the herein described parcel, containing 0.106 acres, more or less. Of the above described area, O. l Ob acres are contained within Franklin County Auditor's _ _ Parce1274-000105. __ _ _ _ -. The bearings for this description are based upon State Plane Grid Bearings from the Ohio Coordinate System, South Zone, NAD 83 (86), as measured using G.P.S. methods through Franklin County Engineer's Stations "FRANK 72", "FRANK 172", "EGGS 5536", and "EGGS 5534". EXHIBIT A 2 of 2 PID PARCEL 51-U PROJECT AVERY RD Version Date 07/30/08 This description was prepared by Steven E. Rader, registered surveyor 7191, and is based upon a field survey for the City of Dublin, in March, 2008, by Stantec Consulting Services, Inc., under the direction of said surveyor. Grantor claims title by the instrument of record in Deed Book 3550, Page 830, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. o°~,~~~'t ~ O F Ohi ,''', ., O * : a7EVEN : ~+r !~. ~ap~R e _ -o ~= 7191 ' 0~ .n n wwPO,(~ ••.C~S.T F~~O ~~ ~'y''~ ,SS~ONAL s~~, ~``~`~ STANTEC CONSULTING SERVICES, INC. ~~~ ~ ~~ y~3a~~ egistered Surveyor No. 7191 Date MONUMENT LEGENb d R.R.S. FOUND .~' R.R.S. SET I O IRON PIN FOUND I N m I.P.F. WTTH I.D. CAP • 3/4" .IRON PIN SET ® MONUMENT BOX y NUMBER DIRECTION DISTANCE L1 N 02'29'24° W 308.90' L2 N 83'48'38° E 15.03' L3 S 02'29'24' E 307.62' L4 S 78'59'53° W ~ 15.17' I w I ~J -,- -~ I I O AVERY LAKES INVESTMENTS, LLC I ~ 274-000001 I 11.816 ACRES I.N. 200703140045196 41 TIMOTHY J. WHALEN, TRUSTEE 274-000140 0.431 ACRES I.N. 200705240091155 39 FIARRIS-MAREK CO., LTD. 274-000136 0.422 ACRES I.N. 200712280220497 DCHIBR B I I ca 0 it QV o~ ~~ ~ ~~T~ ~~ ~~ I d- FCGSI ~' MON. X5413 N m n 1~ ~ N 0 i z PRIVATE 11.61. I DRIVE .... I ~ ~ RESU30Y'rS!ON OF L OT NO. 8 tN SHAMRv^CK INDUSTRIAL PARK 52 P.B. 66. P^v. 46 OHIO SEED O IMPROVEMENT ASSOCIATION 51 274-000105 LOT 7 D.B. 3550, PG. 830 51 GENERAL LI7IL.RY _U do DRAINAGE EASEMENT 15' 0.106 ACRES SHAMROCK POINT OF !NOUSTRIAL ?ABK I I BEGINNING P.B. 5!. PL-. 12 ~ FARM AND POWER ~ EQUIPMENT RETAILERS OF OHIO w O ~ 274-000104 LOT 6 I D.B. 3707, PG. 487 - _ IX. R/W N 8501'04" E _ _ IRELAN PLACE (60') --,°~EX R~W CITY OF DUBLIN O DEDICATED BY PUT O DOLAN INVESTMENTS II G SHAMROCK IND. PARK 52 274-000119 P.B. 51, PG. 12 RESUB. LOT 8 P.B. 66, PC. 46 CTTY OF DUBLIN H O 0.023 ACRES I.N. 199712050160798 ,„.N,w "_ ~ . E D F +'~ BASIS OF BEARINGS i f ~ E ~ti ~~~p THE BEARMGS FOR THE AVERY ROWD WIDENING { do y PROJECT ARE BASED UPON STATE PLANE GRID ~ f f = ~ ~ BEARINGS FROM THE OHKt COORDINATE SYSTElA, i RADER i SOU1H ZONE, NAD 83 (B6), AS ME/~SURED USING o' 7191 0~~' = G.PS METHODS TH H THE FRANKLIN COUNTY ' ' ' ' " ; Ego ~ aTE~~`f '~ ~ FRANK 172 ENgNEER S SiATK)<JS FRANK 72 , , " ' ` " ~J?'~ ~ ss ~ ~ EGGS 5536 . AND EGGS 5534 . A ~~,._ .~ PAR(~L 51-U AVERY RQAD WIDENING CITY OP DUBLiN, FRAiPKIlN COUNTY, OffiO VII2GIATIA MII.iTARY SURVEY 3004 0 60 120 SCALE IN FEET Prepored By Stontec Consulting Suvicss , Inc. 1500 lake Shors Drive, Suite 100 Columbus, Ohfo 43204 Phone: (6f 4) 486-1383 ~~C ?~30% eg'~etered Surveyor j7191 Date EXHIBIT I of 2 PID PARCEL 51-T PROJECT AVERY RD Version Data 07/30/06 PARCEL 51-T AVERY ROAD WIDENING PROJECT TEMPORARY EASEMENT FOR MINOR GRADING & TO RECONSTRUCT DRIVE Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 3004, and being part of Lot 7 of Shamrock Industrial Park of record in Plat Book S 1, Page12 as conveyed to Ohio Seed Improvement Association by deed of record in Deed Book 3550, Page 830, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows; Beginning for Reference at a point in the existing easterly right-of--way line of Avery Road, at the common corner of Lots 6 and 7 of said Shamrock Industrial Park, and being the southerly corner of the 0.023 acre tract conveyed to the City of Dublin by deed of record in Instrument Number 199712050160798; Thence North 78 deg. 59 min. 53 sec. East, a distance of 15.17 feet along the common line of said Lots 7 and 6 to a point in the easterly line of a new utility easement (Parcel 51-U); Thence North 02 deg. 29 min. 24 sec. West, parallel with said existing easterly right-of- way line of Avery Road (being the easterly line of said 0.023 acre tract), a distance of 146.67 feet along said easterly Line of the new utility easement, across said Lot 7 to the Point of True Beginning of the herein described parcel; Thence continuing North 02 deg. 29 min. 24 sec. West, a distance of 54.36 feet along said easterly line of the new utility easement, across said Lot 7, to a point; Thence the following three (3) courses and distances across said Lot 7; 1. Thence South 42 deg. 44 min. 09 sec. East, a distance of 19.52 feet to a point; 2. Thence South 02 deg. 19 min. 16 sec. East, a distance of 29.59 feet to a point; - - - - - - - - 3. Thence South 49 deg. 14 min. 12 sec. West, a distance of 15.95 feet to the Point - -- of True Beginning of the herein described parcel, containing 0.012 acres, more or less. Of the above described area, 0.012 acres are contained within Franklin County Auditor's Parcel 274-000105. EXHIBIT A 2 of 2 PID PARCEL 51-T PROJECT AVERY RD Version Data 07/30/08 The bearings for this description are based upon State Plane Grid Bearings from the Ohio Coordinate System, South Zone, NAD 83 (86), as measured using G.P.S. methods through Franklin County Engineer's Stations "FRANK 72", "FRANK 172", "FCGS 5536", and "FCGS 5534". This description was prepared by Steven E. Rader, registered surveyor 7191, and is based upon a field survey for the City of Dublin, in March, 2008, by Stantec Consulting Services, Inc., under the direction of said surveyor. Grantor claims title by the instrument of record in Deed Book 3550, Page 830, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. '(F O F ~. ~r~P. ` .. 0~` ~i q V ~,.. . iii i ;~ ~r : STEVEN ; ~y f=. F2Ai~ER "o O :~ " :° O•C,CC ~~~IST1R~ " '~+ ~' ~ r ~ Ss ~ ~ N A t~ S ~~~ ~' ~ e ~ `e STANTEC CONSULTING SERVICES, INC. Registered Surveyor No. 7191 Date EXHIBIT B R=suBDlv;slos~ OF MONUMENT LEGEND ~ LOT NO. a !N SHAMROCK A' R.R.S. FOUND INDUSTRIAL PARK .~' R.R.S: SET ~ ~ 52 P.B. 66, P@. 46 O IRON PIN FOUND x m I.P.F. WITH I.D. CAP I • 3/4~ IRON PIN SET ® MONUMEM BOX I ~ ~ 51 ~I ^ ~ ~ OHIO SEED w a IMPROVEMENT ASSOCIATION ~, 274-000105 LOT 7 D.B. 3550, PG. 830 H ~A I ~ I . ~_ ~-- ---~ q ~ ` ..` 51 TE1APOfWtY O ~ ~ '.~' '~ -T EASEMENT ~ ~, n ~'~6 0.012 ACRES ~UiT~ ~ `~ o ~~ ~ 15' POINT OF TRUE I BEGINNING 43 AVERY LAKES INVESTMENTS, LLC ~ 274-000001 j ~, I 11.816 ACRES I.N. 200703 1 400451 9 6 I ~ I I x L1 W I- FCGS G SHAMROCK MON. ~ BEGIN FOR iHDUSTRIAL PkRK TIMOTHY J. WHALEN, TRUSTEE jE5413 ^ I REFERENC P.B. 5!, :o^o. i2 41 274-000140 ~ 0.431 ACRES I.N. 2D0705240091155 3 I ~ FARM AND POWER I OFUO OENT RETAILERS w O 274-000104 3 LOT 6 I D.B. 3707, PG. 487 N',~ I 3 N ~o a O HARRIS-MAREK CO., LTD. ~I ^- p a _ 39 274-000136 ~) r-I z ~i 0.422 ACRES I.N. 200712280220497 C/ N Ex. R/w ~ -- -~ o PRIVATE 11•x1' I N 65.01'04' E _ DRIVE ^ ~ IRELAN PLACE (60') I ^I ~ -- ~-R~H,- D 1 ~ ,-; PARCEL 51-T CITY OF DUBLIN AVERY ROAD WIDENING O DEDICATED BY PLAT O DOLAN INVESTMENTS II C!'I'Y OF DUBLIN, FRANKLIN COUNTY, OHIO ~ G SHAMROCK IND. PARK 52 274-000119 VD2GIHIA MIIlfARY SURVEY 5004 P.B. 51, PG. 12 RESUB. LOT 8 W P.B. 66, PG. 46 CfIY OF DUBUN ° 6° tzD # O 0.023 ACRES I.N. 199712050160798 ~,',,,,~,,,~s SGUE IN~FEEi ~~~ OF BASIS OF BEARINGS idt~_~~-•~'`ti0y~ StOntec Consultin Services, Inc. THE BEARINGS FOR THE AVERY ROAD WIDENING ~r 0. $TE1/EN~ p 1500 Lake Shore Drive, Suite 100 ~ PROJECT ARE BiISED UPON STATE PI.WE GRID * . E. • s Columbus, 0l~io 43204 ~ BEARINGS FROM THE OHIO COORDINATE 5115TEM, 9( RARER io Phonc (674) 486-4383 SOUTH ZONE, NAD 83 (66). AS MEASURED USING L o?,p 7191 o r~' G.P.S. METHODS TH H THE FRANKLIN COUNIY = F~`~ers7E~`4~ '~ ~~ e ENGINEER'S STATK)NS 'FRANK 72', 'FRANK 17T', i 8~'--.,. C.1 ~ J ~S Q 'FCGS 5536'. MID 'FCGS 5534'. s-~~~O~pN~~ Registered Surveyor /7191 Date NUMBER DIRECTION DISTANCE L7 N 78'59 53' E 15.17 L2 N 02'29'24' W 145.67' L3 N 02'29 24 W 54.36' L4 S 42'44 09 E 19.52' L5 S 02' 19 16' E 29.59' L6 S 49' 14 12 W 15.95' CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN, ENGINEERING 5800 Shier Rings Road ~ Dublin, Ohio 43016-1236 Phone (614)410-4600 • Fax (614)761-6506 ~~~ . -_ ~ ~ ~~ 08-007-CIP AVERY ROAD WIDENING IRELAN PLACE TO SHIER-RINGS ROAD CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN, ENGINEERING 5800 Shier Rings Road • Dublin, Ohio 43016-1236 Phone (614)410-4600 • Fax (614)761-6506 08-007-CIP AVERY ROAD WIDENING IRELAN PLACE TO SHIER-RINGS ROAD .. - ., . ,_ ~~ ; f ~ , ~ ~~ ~ff~ ~ ~ -~ ~.F y. ~'"~r. _ '..1 [' i~~~;..., _... 'r 'flrw.'rltti"~~`, .. ~i~a i _... a~k'ror,. ... '+'y ,. ~~\~ _......r ~_ ' F. 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