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Home My WebLink About37-09 OrdinanceRECORD OF ORDINANCES 37-09 Ordiii~an.ce Nn. Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A 0.065 ACRE, MORE OR ; LESS, UTILITIES EASEMENT FROM FARM & ,' POWER EQUIPMENT OF OHIO. 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 0.065 acre, more or less, utilities easement in and to the premises described in the attached Exhibit A from Farm & Power Equipment of Ohio; and WHEREAS, the City desires to execute any necessary conveyance documentation to obtain the aforementioned property interests. NOW, THERE, 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 0.065 acre, more or less, utilities easement in and to the premises described in the attached Exhibit "A" from Farm and Power Equipment of Ohio. Section 2. The landowner shall be compensated in the amount of Three Thousand Six Hundred Fifty Dollars ($3,650.00) 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: Clerk of Council SCHOTTENSTEIN ZOX .~:. D U N N _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. 37-09 -Farm and Power Equipment of Ohio Avery Road Widening PROJECT BACKGROUND Columbus cle.el,~a 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 Farm and Power Equipment of Ohio. This acquisition consists of a 0.065 acres, more or less, utilities easement, said acreage located in the City of Dublin, County of Franklin, State of Ohio. The appraised amount of this property interest was Three Thousand Six Hundred Fifty Dollars ($3,650.00). 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. RECOMMENDATION: The Law Department recommends dispensing with the public hearing and passage of Ordinance 37-09 by emergency at the July 1, 2009 Council meetigg. 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. Ohio a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43218~5020 I EXHIBIT A PARCEL 40-U AVERY ROAD WIDENING PROJECT GENERAL UTILITY & DRAINAGE PERMANENT EASEMENT I of 2 PID PARCEL 40-U 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 Lot 6 of Shamrock Industrial Park of record in Plat Book 51, Page12 as conveyed to Farm and Power Equipment Retailers of Ohio by deed of record in Deed Book 3707, Page 487, 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; Thence North 78 deg. 59 min. 53 sec. East, a distance of 15.17 feet along the common line of said Lots 6 and 7, to a point; Thence the following two (2) courses and distances, parallel with the existing easterly right-of--way line of Avery Road, across said Lot 6; Thence South 02 deg. 29 min. 24 sec. East, a distance of 2.03 feet to an angle point; 2. Thence South 04 deg. 10 min. 10 sec. East, a distance of 195.34 feet to a point on a curve northerly right-of--way line of Irelan Place; Thence along the northerly right-of--way line of Irelan Place and the southerly line of said Lot 6, with a curve to the right, having a radius of 30.00 feet, a central angle of 60 deg. 00 min. 00 sec., an arc length of 31.42 feet, the chord to which bears North 34 deg. 10 min. 10 sec. West, a chord distance of 30.00 feet, to a point of tangency in the existing easterly right-of--way line of Avery Road and the westerly line of said Lot 6; Thence North 04 deg. 10 min. 10 sec. West, a distance of 169.58 feet along the existing easterly right-of--way line of Avery Road and the westerly line of said Lot 6 to the Point of Beginning of the herein described parcel, containing 0.065 acres, more or less. Of the above described area, 0.065 acres are contained within Franklin County Auditor's Parce1274-000104. EXHIBIT A 2 of 2 PID PARCEL 40-U PROJECT AVBRY 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 Deed Book 3707, Page 487, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. ,`'~yf7lffHliffifel ;'''~``~~~~ of ~y''O''": ~• * ; ~ STEVEN : ~r F. ~tADER 7191 '%~~0,~, ~FGISTFR~o~~~~~•'~ ., ~. '~fif llllllli~~,,,e4 STANTEC CONSULTING SERVICES, INC. Registered Surveyor No. 7191 Date 43 AVERY LAKES INVESTMENTS, LLC 274-000001 11.816 ACRES I.N. 200703 1 400451 96 POINT OF BEGINNING ~ I I FCGS MON. X5413 41 TIMOTHY J. WHALEN, TRUSTEE 274-000140 ~ ~ 0.431 ACRES I ~ I . N. 2007 0524009 1 1 55 I 15' 39 HARRIS-MAREK CO., LTD. 274-000136 0.422 ACRES I.N. 200712280220497 PRIVATE DRIVE 37 CffY OF DUBLIN . 274-000142 0.447 ACRES I.N. 200502110027349 30' I I~ ~ a ~` ~ ^+ N < r- ! I `° N ~ C z V 11.81' t~ 60' Q O ai Q'i ~W ~ ~' I 0 i w S0' 3 ~ o MONUMENT LEGEND w -~ o ' b A R.R.S. FOUND ' $ .1 R.R.S. SET N O IRON PIN FOUND Z 30' m I.P.F. WTTH I.D. CAP • 3/4" IRON PIN SEf ~ ~ MONUMENT BOX NUMBER DELTA ANG. RADIUS ARC LEN CHORD DIRECTIOM CHORD C1 60'00'00 30.00' 31.42 N 34'10'10" W 30.00' CTIY OF DUBLIN DEDICATED BY PLAT CITY OF DUBLIN O SHAMROCK IND. PARK O 0.023 ACRE5 P.B. 51, PG. 12 I.N. 199712050160798 ~~~~~ BASIS OF BEARINGS ~+'~p ~''`°y ; THE BEARINGS FOR THE AVER'! ROAD WIDENING ~ '~ STEVEN~'yL~ PROJECT ARE BASED UPON STATE PLANE GRID * ; E. } ; BEARINGS FROM THE OHIO COORDINATE SYSTf]A, ~' RADER Fo SOUTH ZONE, NAD 83 BB), AS MEASURED USING o~ 7191 r', G.P.S. METHODS 1}I THE FRANKLIN COUNTY >~~,+~F ~6T~~`~r~~ ENGINEER'S STATK)NS "FRANK 72", 'FRANK 172", sy ti. ,....y' VQ` 'FCGS 5538', AND 'FCGS '5534'. 3 ~ 0~ N A~ s'Np~~~ J OHIO SEED O IMPROVEMENT ASSOCIATION 51 274-000105 LOT 7 D.B. 3550, PG. 830 H _ x --~ L1 SEE DETAIL GENERAL UTILITY ~ do DRAINAGE -U EASEMENT 51 r L7 ~ O DETAIL ~ ~ N.T.S. ~ FARM AND POWER EQUIPMENT RETAILERS O OF OHIp 274-000104 LOT 6 D.B. 3707, PG. 487 -, N 85'01'04' E _ IRELAIY PLACE (60') EX R/W JAMES P. CONNOLLY 35 ~ DONALD A DELEWESE 274-000099 LOT 1 ~'I O.R. 2325 819 ~~' SHAMROCK INDUSTRIAL ?ARK w P.9. 51. ?~. 12 LOT I I NUMBER DIRECTION DISTANCE L1 N 78'59'53" E 15.17' L2 S 0729'24 E 2.03' L3 S 04' 10 10 E 195.34 L4 N 04' 10 10 W 169.58 I I 0.065 ACRES PARCEL 40-U AVERY ROAD WIDENING 0177 OF DU13LIId, FRANIQlN COUNTY, OHIO VIRGIIPIA 1QLITARY SURVEY 3004 o a0 lao 9GV.E IN FEET Prepared By Stantee Consulting Services, Ina 1500 Loke Shore Drive, Suite 100 CotUTDlte. Ohb 43204 PhonC (614) 486-4383 ~IbaC ~1~. ~~ 7~zS o8 Registered Surveyer /7191 Dota 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 -Q ~ ~ . ~ W ~ ~P ~. Q ~ A u I ~ ~1 ~ 1. AVERY 6201 2. DOLAN LAKE INVESTMENTS, LLC AVERY ROAD INVESTMENTS, INC. s ! -~~ 6375 SHIER-RINGS ROAD ~ I + I 3. OHIO SEED IMPROVEMENT ASS. ~ I l , v ~ OI;JV HV CRI fCVHV ~y~'~~yj 4. WESTDALE PROPERTIES, LLC i ~ 6141 AVERY ROAD a "- •~ ~ ~ I-14RRIC-AA4RCI! rnnnPO~iv inir ~, ry> , 1 ,,. .m. a .~ ~, , ~~ ~~~~ ~ ~ ;a .; f ~ ~ r a ~ ~ ' ~ ~1. } - , ~ ~'~ + * Sfj ~~~ ., . E ~~ k ~4 ~~~- ~` ~~ .:. ~T~ ~~~_ ~ m .. f y <''~.,' t " ~ M^ '.W. ~ ~ ~ ~, ,+'~ . ~ ~ ` ~ ' ~+ a. .., ~,, W ~ ~ Z` ~ DRAWN CHECKED DATE: JOB N0. MSS KBR 06/23/09 08-ON-CIP 1"150' 150 75 0 200