The URL can be used to link to this page

Home My WebLink AboutOrdinance 09-10RECORD OF ORDINANCES I Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 0.136 ACRES, MORE OR LESS, UTILITIES EASEMENT FROM DUBLIN UNITED, LLC. WHEREAS, the City of Dublin has constructed road and site improvements on Emerald Parkway; and WHEREAS, said road and site improvements necessitate the conveyance of a 0.136 acres, more or less, utilities easement from Dublin United LLC to the City of Dublin, this property interest being further described in the attached Exhibit "A "; WHEREAS, the City desires to authorize the City Manager to execute the necessary easement document to obtain the aforementioned property interest. NOW, THERERE, 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 the necessary easement document to acquire a 0.136 acres, more or less, utilities easement in and to the premises described in the attached Exhibit "A" from Dublin United LLC. Section 2. The landowner shall be compensated in the amount of Twelve Thousand Three Hundred Forty -Two Dollars ($12,342.00) for the acquisition of the aforementioned property interest. Section 3 . This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this )%AK4 day oY 2010. !-%g Officer ►_vaii 936 Clerk of Council SCHOTTENSTEIN ZOX s DUNN, ",,,a MEMORANDUM TO: Dublin City Council Terry Foegler, City Manager Paul A. Hammersmith, PE, Dlecr of En gineermg/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: February 4, 2010 RE: Ordinance No. 09 -10 — Acquisition of Property Interests from Dublin United LLC Emerald Parkway Improvement Pr oject v Y 31711LON 16s 0 This ordinance authorizes the City Manager of the City of Dublin (the "City ") to execute necessary conveyance documentation to acquire a utilities easement from Dublin United LLC ( "Dublin United "). Acquisition of this easement is necessary so that the City owns all necessary property interests for the area it improved in its Emerald Parkway improvement project, constructed during the final quarter of 2008 and completed in 2009. Dublin United is one of two property owners on Emerald Parkway that has an improvement (structure) occupied by the tenant, Verizon Wireless. The City is also acquiring property from the "other" owner, 970 High Ridge Associates, LLC (second reading on February 8, 2010). PROJECT BACKGROUND: The City has already constructed various road and site improvements to Emerald Parkway for the v~v.SZOxo.,, benefit of Cardinal Health, Verizon and the surrounding community. Specifically, the City improved the intersection of Emerald Parkway and Cardinal Place, directly across from the Columbus intersection of McDevitt Drive, and the entrance to the Cardinal Health south campus, by the Cleveland installation of turn lanes and traffic signals. Again, these improvements were completed in 2009. Cincinnati Dublin United initially executed a Right of Entry Agreement which allowed the City to enter upon Dublin United's property to construct the improvements. It was presumed that Dublin United would thereafter convey to the City the easement that the City required. Dublin United is conveying a utilities easement to the City for the City's appraised value of Twelve Thousand Three Hundred Forty -Two Dollars ($12,342.00). 250 West Street, Columbus, Ohio 43215 -2538 1 P.O. Box 165020, Columbus, OH 432165020 1 Voice: 614 -462 -2700 1 Fax: 614 -462 -5135 SCHOTTENSTEIN ZOM DU N N,.en ACQUISITION SPECIFICS: The City is acquiring a 0.136 acres, more or less, utilities easement from Dublin United. The maps to the legal descriptions attached to the legislation provide an accurate depiction of those property interests being acquired. RECOMMENDATION: The Law Department recommends adoption of Ordinance No. 09 -10 at the second reading/public hearing on February 22, 2010. w .Mcom 0 (H1761446.2) 250 West Street, Columbus, Ohio 43215 -2538 1 P.O. Box 165020, Columbus, OH 43216 -5020 1 Voice: 614462 -2700 1 Far. 614-462 -5135 EXHIBIT A Pa I of I PARCEL Dublin United LLC 04 -11 Emerald Parkway Version Date 03 -13 -08 CITY OF DUBLIN UTILITY EASEMENT FROM DUBLIN UNITED LLC Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2542, and being a part of a 0.742 acre tract of land, and a 10.214 acre tract of land conveyed to Dublin United LLC, as Parcel I and Parcel 2 respectively, as recorded and described in Instrument 200003210055243, of the Franklin County Recorder's Office. Beginning, for reference, at the northeast corner of the Grantor's 0.742 acre Parcel and also being the northwesterly corner of a 5.442 acre tract of land conveyed to 970 High Ridge Associates LLC as recorded and described in Instrument 199907290192161 as Parcel 2, and in the southerly Right -of -Way of Emerald Parkway as described in O.R. 29651H16, of the Franklin County Recorder's Office, and being the TRUE POINT OF BEGINNING; Thence S 37 1 55'01 "E a distance of 10.00 feet along the line between the Grantor and 970 High Ridge Associates LLC, Parcel 2 to a point; Thence with a new line S 52 ° 04'59" W a distance of 61.02 feet to the point of curvature of a circular curve and being 10.00 feet south of the southerly right of way line of Emerald Parkway; Thence with a new line along a curve to the right having a radius of 1697.02 feet, a delta of 18 ° 05'09 ", a length of 535.67 feet, with chord bearing of S 61 W a distance of 533.45 feet to the west boundary line of the Grantor's land; Thence N 02 1 59'36 "W a distance of 10.45 feet along the west boundary line of the Grantor's land to the northwest comer, same being a point on a curve and in the southerly right of way line of Emerald Parkway; Thence along the southerly right of way line of Emerald Parkway with a non tangent curve to the left, having a radius of 1687.02 feet, a delta of 17 ", a length of 529.49 feet, and with a chord bearing of N 61 E a distance of 527.32 feet to a point of tangency; Thence N 52 °04'59 "E a distance of 61.02 feet along the southerly right of way line of Emerald Parkway to the TRUE POINT OF BEGINNING. The above described area contains 0.136 acres within the Franklin County Auditor's Parcel Number 273- 007487 and 273 - 007531. Grantor claims title by Instrument 200003210055243, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple ". A drawing of this description 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 actual surveys of the premises performed in October, 2007 through January, 2008, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only, with the centerline of Emerald Parkway being held as N52 °04'59 "E as shown. WALrEp Walter A. Dodson, P.S. 6446, Ohio • A SON Burgess & Niple, Inc. i 90 V E 1 PROPOSED RIGHT -OF -WAY & UTILITY EASEMENT CITY OF DUBLIN, VMS 2542 PARS CARDINAL HEALTH, INC. 4775 Emerold Pkwy 273- 008203 LEGEND O Monument Found 0,9 Railroad O NAIL Spike Found Found 41p NAIL SET Op Drilled Hole Found q Iron Pin Found 0jp Iron Pin Set -5/8" x 30" rebor set with plastic I.D. cop: "DODSON 6446" ( ) parenthesis indicates record dimension if different than measured. P.O.B -Point Of Beginning P.O.c -Point Of Commencement CITY OF DUBLIN 273- 007486 I do hereby certify that this plot was based upon actual surveys of the premises performed in January, 2008, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, SouthZone, NAD1983 (1986 adjustment), and ore for the determination of angles only, with the southerly right- of -woy line of Emerald Parkway being held as N52'04'59'E, as shown. / f Waller Allen Dodson PS 6446, Ohio SEE SHEET #2 FOR PROPOSED 10' UTILITY EASEMENT 0� �C X 6`7 DUBLIN UNITED LLC 5175 Emerald Pkwy 273 - 007487 273- 007531 i i i CARDINAL HEALTH, INC. 5075 Emerald Pkwy 273- 008210 G � y W i A. 0 # OWN i CW o i ♦ c G� •V..E.r 0 •1 0111I Burgeee a Nlpk 5085 Reed Road, Columbus, Ohio 49220' (814) 458 -2050 Survey for: CITY OF DUBLIN DUBLIN UNITED LLC 5175 EMERALD PARKWAY owg: EJG u ""' WAD 03/ Score: SHOWN S 1 2 44959 i LOCATION MAP i PROPOSED RIGHT -OF -WAY & UTILITY EASEMENT CITY OF DUBLIN, VMS 2542 CITY OF DUBLIN 273- 007486 LINE DATA TABLE LINE # BEARING LENGTH 11 S 37'55'01" E 10.00' 1-2 S 52'04'59" W 61.02' L3 N 2'59'36" W 10.45' L4 N 52'04'59" E 61.02' R/W E'1'�E,Q�LD P — 1 CZ Ci 0 .1 36 ACRES PROPOSED 10' UTILITY EASEMENT DUBLIN UNITED LLC 273- 007487 Inst. #200003210055243 PARCEL 2. 10.214 Acres CURVE DATA TABLE C # L R C CB C1 18 535.67' 1697.02' 533.45 S 6107'33" W C2 17'58'59" 529.49' 1687.02' 527.32' 1 N 61'04'28" E R/W 1 I I N � I pM O N i �O MO O I O ? n o m W � U p c d IWOM i Parcel 2 5.442 Acres 970 HIGH RIDGE ASSOCIATES, LLC 5165 Emerald Pkwy 273- 001687 Inst. #199907290192161 10.174 Acres Total N 52 0459" E _ To Cu rve PC L4 L2