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HomeMy WebLinkAbout48-09 ResolutionRECORD OF RESOLUTIONS Blank. Inc.. Form No. 30045 Resolcrtton No. 48-09 Passed . 20 INTENT TO APPROPRIATE A 0.830 ACRES, MORE OR LESS, SANITARY SEWER EASEMENT AND A COMBINED 0.831 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM PEWAMO, LTD., SAID ACREAGE LOCATED ON THE SOUTH SIDE OF S.R. 161 AND THE EAST SIDE OF COSGRAY ROAD, JUST WEST OF INDUSTRIAL PARKWAY AND U.S. 33, CITY OF DUBLIN, COUNTIES OF FRANKLIN AND UNION, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to extend sewer services to the areas wherein the Central Ohio Innovation Center will be constructed, as well as to other areas within the City; and WHEREAS, the extension of sewer services will require the City of Dublin to obtain a sanitary sewer easement as well as a temporary construction easement in and to the premises owned by Pewamo, Ltd. and described in the attached Exhibit "A", located in the City of Dublin, Counties of Franklin and Union, State of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of extending City sewer services, a sanitary sewer easement and a temporary construction easement in the premises located in the City of Dublin, Counties of Franklin and Union, State of Ohio as more fully described in the legal descriptions attached hereto as Exhibit "A". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this p~ l.S'~' day of , 2009. Mayor -Presiding Officer ATTEST: Clerk of Council ~SCHOTTENSTEIN ZOX~DUNN,, ~r,, MEMORANDUM www.SZD.com Columbus Cleveland Cincinnati TO: Dublin City Council Terry D. Foegler, City Manager Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: September 17, 2009 RE: Resolution No. 45-09 -Intent to Appropriate - Pewamo, Ltd. COIL S ewer Extension -Phase 1 PROJECT BACKGROUND: The City of Dublin is preparing to extend sewer se>vices to the areas wherein the Cenhal Ohio Innovafion Center will reside, as well as other areas within the City as po>firayed in the attached Exhibit "A". ACQUISITION INTRODUCTION: This memorandum discusses the acquisition of property interests from by Pewamo, Ltd., for the City's extension of sewer se>vices. The acquisition consists of a O.S30 acres, more or less, sanitary sewer easement and a combined O.S31 acres, more or less, temporary construction easement. The whole of the subject property is comprised of arectangular-shaped parcel containing a total of SS.S102 acres, located on the south side of S.R. 161 and the east side of Cosgray Road, just west of Indushial Parkway and U.S. 33, City of Dublin, Counties of Franklin and Union, State of Ohio. ACTION TAKEN IN THIS CASE: The City is presently engaged in an eminent domain lawsuit against Pewamo, Ltd., for the City's appropriation of property in the S.R. 161 / Indushial Pazkway construction project. The City has discussed the acquisition of the aforementioned property interests for the extension of sewer se>vices with a representative of Pewamo, Ltd. These discussions, however, have not been fruitful. The offices of the Law Director may need to initiate appropriation proceedings against Pewamo, Ltd. in order to obtain the necessary property interests for the sewer extension, and will either include these interests in the City's present lawsuit against Pewamo, or in a separate eminent domain lawsuit. This resolution merely begins the eminent domain process and fiufiher legislation is necessary to begin acquisifion of the land. If an agreement is reached, then the Law Departrnent will prepare an ordinance autho>izing the City Manager to enter into a real estate purchase conhact with the landowner. If an agreement cannot be reached, the Law Depantrnent will proceed with preparing an ordinance for presentation at an upcoming City Council meeting regarding litigation. RECOMMENDATION: The Law Department recommends approval of Resohrtion No. 45-09. {H1636h 151 '5u ~'~.~e ~t sareet, Columbus, Ohio 43215-2538 ~ P.O. Box 165026, Columbus, OH 43216-5020 ~ Voice: 614-462-2766 ~ Fax: 614-462-5135 EXHIBIT A Pagc i of 1 PARCEL San Sewer Fsmt Pewamo, LTD Version Datc 03-19--09 CITY OF DUBLIN, OHIO SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM PEWAMO, LTD Situated in the City of Dublin and Township of Washington, County of Franklin, State of Ohio and being a part of V.M.S. 6748, and being a part of a tract of land which contains 54.2552 acres in Franklin County and 7.5149 acres in Union County, as described in a conveyance to Pewamo, LTD, as described in Instrument 200410120236071 of the Franklin County Recorder's Office. Beginning, for reference, at the intersection of the centerline intersection of Cosgray Road with the centerline of Fishel Drive North as shown on the plat of FISHEL INDUSTRIAL PARK NO.1 THIRD AMENDED SUBDISION PLAT, as recorded in Plat Book 77, Page 80, of the Franklin County Recorder's Office, said point also being in the west line of the Grantor's lands; Thence S 09°27'30" E a distance of 161.74 feet along the centerline of Cosgray Road and the west line of the Grantor's lands to an angle point; Thence S 13°38'57" E a distance of 298.29 feet along the centerline of Cosgray Road and the west line of the Grantor's lands to the TRUE POINT OF BEGINNING of the centerline of a 30 foot wide Sanitary Sewer Easement, with said Centerline of Easement being more particularly described as follows; Thence N 79° 14' 23" E, a distance of 59.89 feet, leaving the centerline of Cosgray Road into and across the Grantor's lands to an angle point; Thence N 85° 18' 20" E, a distance of 450.00 feet across the Grantor's lands to an angle point; Thence S 82° 32' 12" E, a distance of 400.00 feet across the Grantor's lands to an angle point; Thence S 80° 57' 20" E, a distance of 295.19 feet across the Grantor's lands to a point in the Grantor's east line and also in the west line of a 59.342 acre Tract of land owned by the City of Dublin, Ohio, as recorded in Instrument 200710300187804, and being the POINT OF TERMINATION of the centerline of said 30 foot wide Sanitary Sewer Easement described herein, containing 0.830 acres, more or less. Along wit/i a Temporary Construction Easement 20 feet in width north of and adjacent to the north line of the above described 30 foot wide Sanitary Sewer Easement, containing 0.555 acres, and, a Temporary Construction Easement 10 feet in width south of and adjacent to the south line of the above described 30 foot wide Sanitary Sewer Easement, containing 0.276 acres. A drawing of the above described 30 foot wide Sanitary Sewer Easement and Temporary Construction Easements is attached hereto and made a part hereof. This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon available public records for the purpose of conveyance of an easement. Bearings used in this description are based on the plat of FISHEL INDUSTRIAL PARK NO.1 THIRD AMENDED SUBDISION PLAT, as recorded in Plat Book 77, Page 80, and are for the determination of angles only, with the centerline of Cosgray Road being held as S 09°27'30" E as shown. Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. SANITARY SEWER AND TEMPORARY CONSTRUCTION EASEMENTS V.M.S. 6748 CITY OF DUBLIN AND WASHINGTON TOWNSHIP, COUNTY OF FRANKLIN, STATE OF OHIO ,, CITY OF DUBLIN, OHIO 59.34 ACRES INSTR. N0. 200710300187804 S80'57'20"E / 295.19' ~/ BY: / / / WALTER ALLEN DODSON, P.S. 6446, OHIO ~ ~~. PROPOSED 20' WIDE ~ // TEMPORARY CONSTRUCTION / EASEMENT / / ' / / Aso ~s o Aso PROPOSED 30 WIDE / SANITARY SEWER / EASEMENT PROPOSED 10' WIDE / ~ / TEMPORARY CONSTRUCTION EASEMENT ~ / ' ' " S82 32 12 E / 400.00' / /. N85' 18'20"E / / 450.00' , / / /~ / //o ~~ N79 14 23 E a 59.89' ~ / /o PEWAMO LTD, A LIMITED : ~ LIABILITY COMPANY ~ / / a 54.25 ACRES / ~ INSTR. NO. / / ° 200410120236071 161.74,. I 513'38'57"E 50g'27'30" E 298.2 CITY OF DUBLiN BRA K -R 3 = 2 R/w COSGRgY ROAD - ~~ ~ R /W W FISHEL INDUSTRIAL RK N0 1 . N N G THIRD AMENDED SUB I ISI N PLAT PLAT BOOK 77, AGE 80 ~ DATE: MARCH 20, 2009 PREPARED BY: BURGESS & NIPLE, INC. ENGINEERS AND ARCHITECTS COLUMBUS, OHIO 0 L V N 'a Q 0 ~ri 0 ao m 0 0 N 0 N 3 v .~ 0 a E W 0 v 3 0.. 0 i 0 U O ~- i 1°~" PROPOSED SANITARY SEWER dt MANHOLE s EXISTING SANITARY SEWER ^ ~ ~ ~ ~ ~ ~ ~ ^ TRIBUTARY AREA BOUND~4RY ~.~ I ~\ r SR161 Y / #! 1 5 ~ ~ AR G 112. AC. ~ ~ TO MAN OLE 10 ~ 10 PE ./AC. 1 y \ I ~\ ~# 4~ f~~ J ~I , ~ J hI hI 1 1 ICI ICI 1° f ~' ~o INl _~~ 1 ~11I ~~ 1 2.8 l~. TO I~WHOLE 10 10 PER./AC. AREA E sa.~ ~. TO EX. MH 118 1 PER, AC. PARKS do 0 EN SPACE ~0 1 / ~ ~ ` 1 I i ~ ~ I AREA B ~~~/`'~ 96.5 AC. TO MANHO~ 14 - - ,~. ~ o 10 PER. AC. ~•~'~ I I~ ~ j~~6~ . ~~ \ ~ ~ l I ~ ~~ ~ ~~ I UNION NiY ~ FI~NKU NiY ` ~ ~~ ~~ ~~ ~ ~ ~ ~~~~ }~12'S1W 4 ~ ,~~~ ,~ i/ s~~ d ~sM, ®1 z~~ W ~o z,~ ° z,~, © z 0 ,~, 1 11 ~~ c h ~ 10 ~1' ~~ 1 1 1 ~ ~ AREA A 122.8 AC. TO ~ MOH /~ 10 AREA D 163.6 AC. TO EX. MH 118 10 PER./AC. , rM • ~~ ``~ ~\ __~~ i~ i i CITY OF DUBLIN, OHIO ~„~ COIC SANITARY SEWER TRIBUTARY MAP ~'+ ,,ti ~~y~ ',, f r : r t ~M a ti`., ~ ,i