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Home My WebLink About35-09 OrdinanceRECORD OF ORDINANCES Ordinance No. Parsed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A 0.095 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM WESTDALE PROPERTIES, LLC, 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 0.095 acre, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" from Westdale Properties, LLC; 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 0.095 acre, more or less, temporary construction easement in and to the premises described in the attached Exhibit "A" from Westdale Properties, LLC. Section 2. The landowner shall be compensated in the amount of Seven Hundred Dollars (5700.00) 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: 35-09 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 EggineeringlCity Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: June 25, 2009 RE: Ordinance No. 35-09 - Westdale Properties, LLC Avery Road Widening PROJECT BACKGROUND Columbus cle.el,tw The City of Dublin ("City") is preparigg 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 Westdale Properties, LLC. This acquisition consists of a 0.095 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 Seven Hundred Dollars ($700.00). 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. RECONIlUIENDATION: The Law Department recommends dispensing with the public hearing and passage of Ordinance 35-09 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 coggestion. 250 West Street, Columbus. Ohin a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43`<1 F ,020 I EXHIBIT A PARCEL 38-T AVERY ROAD WIDENING PROJECT TEMPORARY EASEMENT TO RECONSTRUCT DRIVE 1 of 2 PID PARCEL 38-T PROJECT AVERY RD Version Date 07/25/08 Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 3004, and being part of the 2.5884 .acre tract conveyed to Westdale Properties, LLC, by deed of record in Instrument Number 200412270290247, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows; Beginning at a point in the existing westerly right-of--way line of Avery Road, being 60.00 feet westerly of, as measured by right angles, the centerline ofright-of--way of Avery Road as delineated upon the plat of Shamrock Industrial Park of record in Plat Book 51, Page ] 2, at the common corner of the 432 square foot and 200 square foot tracts conveyed to the City of Dublin by deeds of record in Official Records 32599 H16 and 32599 I01, respectively, at the northeasterly corner of the 0.447 acre tract conveyed to the City of Dublin by deed of record in Instrument Number 200502 1 1 0027349, and being the southeasterly corner of said 2.5884 acre tract; Thence the following two (2) courses and distances along the common line of said 2.5884 and 0.447 acre tracts; 1. Thence South 85 deg. 49 min. 50 sec. West, a distance of 30.00 feet, to an iron pin set in the new right-of--way line of Avery Road; 2. Thence continuing South 85 deg. 49 min. 50 sec. West, a distance of 52.98 feet, to a point; Thence North 04 deg. 10 min. 10 sec. West, a distance of 50.00 feet across said 2.5884 acre tract, to a point in the common line of said 2.5884 acre tract and the 0.422 acre tract conveyed to Harris-Marek Co., Ltd., by deed of recordZn Instrcarn~errtNumb-er 200712280220497; Thence North 85 deg. 49 min. SO sec. East, a distance of 82.98 feet along the common line of~aid 2.5884 and 0.422 acre tracts, to a point in said existing westerly right-of--way line of Avery Road, at the common corner of said 2.5884 acre tract and said 200 square foot tract; Thence South 04 deg. 10 min. 10 sec. East, a distance of 50.00 feet along said existing westerly right-of--way line of Avery Road, and the common line of said 2.5884 acre tract and said 200 square foot tract, to the Point of Beginning of the herein described parcel, containing 0.095 acres, more or less. Of the above described area, 0.095 acres are contained within Franklin County Auditor's Parce1274-000047. EXHIBIT A 2 of 2 PID PARCEL 38-T PROJECT AVERY RD Version Date 07/25/08 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 ~ Instrument Number 200412270290247, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. ,~~~a~~nrt,,,~fl~,' `,,~,~P . .. ~y%,, ~k : STEVEN : ~ ° E. ~2~,DER "; ~~'•,.~~ 7191 O ' ~ `' ~. ~'%. S~~NAL S~ .~~~~ STANTEC CONSULTING SERVICES, INC/. Registered Surveyor No. 7191 Date EXHIBIT B 41 TIMOTHY J. WHALEN, TRUSTEE 274-000140 0.431 ACRES I.N. 200705240091 155 HARRIS-MAREK CO., LTD. 39 274-000136 0.422 ACRES I.N. 200712280220497 EASE~AENT ~ L4 PRIVATE ~ DRIVE O 37 CffY OF DUBLIN 274-000142 0.447 ACRES I.N. 200502110027349 37 CRY OF DUBLIN 274-000086 1.10 ACRES PREVIOUS OWNER MICHAEL 5. BLUE I.N. 200501260015710 N 84'52'13" 33 KENDALL RIDGE SECTION 3 P.B. 95, PG. 15 tOrl 1 ~ I~ Iw THE STONEHENGE-COMPANY CITY OF DUBLIN 33 274_000289 O 432 S.F. (0.010 AC.) LOT 1 (1.630 AC.) O.R. 32599 H16 I.N. 199807210182017 WESTDALE PROPERifES, LLC CfTY OF DUBLIN ~ 274-000047 O 200 S.F. 2.5884 ACRES O.R. 32599 101 L.N. 200412270290247 M,Wti,~ did ~ 0 F yam' BASIS OF BEARINGS , i11~p ""'~~"'`~y Z THE BEARINGS FOR THE AVERY ROAD WIDENING ~'~ STEVEN to PROJECT ARE BASED UPON 5iATE PLANE GRID ~* t E. ' s. BEARINGS FROM 1HE OHK) COORDINATE SYSTE]A, ~= F ~ SOUTH ZONE, NAD 83 (86), AS MEASURED USING pF RADER c G.P.S. METHODS THROUGH THE FRANKLIN COUNTY $ °.t'Ap 7191 6~ j ~' ENGINEER'S STATIONS 'FRANK 72', 'FRANK 172', ~ FB~o~Ywa JQ ~i "E"GGS 5536'. AND 'FCGS 5534'. yy ~ o,~N A ~~~ld ~ MONUMENT LEGEND ~ .O R.R.S. FOUND ~ .~' R.R.S. SET O IRON PIN FOUND m I.P.F. WfTH I.D. CAP x ~ 3/4' IRON PIN SET '4S ® MONUMENT BOX SOT 6 FARM AND POWER EQUIPMENT RETAILERS O OF OHIO 274-000104 LOT 6 ~ D.B. 3707, PG. 487 I ~=R~- N_85'01'04' E __ IRELAN PLACE (60') ~. Ex R/w JAMES P. CONNOLLY ~ DONALD A. DELEWESE 35 274-000099 LOT 1 O.R. 2325 619 V ~ SriAPAROCK w iNDUSTRlAL PARK P.B. 51, PG. !2 I LOT I NUMBER DIRECTK)N DISTANCE L1 S 85'49'50" W 30.00' L2 S 85'49'50" W 52.98' L3 N 04' 10 10 W 50.00' L4 N 85'49'50 E 82.98' L5 S 04' 10' 10' E 50.00' N 85'01'04' E 34 CEMETERY 0.095 ACRES PARCEL 38-T AVERY ROAD WIDENING CITY OF DUHLIDT, FRANRLIIQ COUNTY, OHIO DIl2GIIJ7A YIIdTARY 9UKVEY 9004 0 5o too Sd1LE N FFfT Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486-4383 ~_ 7ss~ istered Surveyor /7191 Dote I I FCGS MON. #5413 I I ~ ~ ~ w ~ N+ I I .~- N a ~ t` C N I O z V ~ ~ 1 11.81' `°J - t ^ - ~ A ~f ~ O I ~i ~IW Q' ~~ i 30' 3 w I 50' ~ o x o w t 0 N 30' ~ 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~~~;..., _... 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