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Home My WebLink About75-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 75-07 Passed . 20 AN ORDINANCE AUTHORIZING THE SALE OF 0.447 ACRES, MORE OR LESS, OF DEDICATED RIGHT - OF -WAY NO LONGER NEEDED FOR A PUBLIC PURPOSE AND WAIVING COMPETITIVE BIDDING. WHEREAS, the City of Dublin no longer needs approximately 0.447 acres, more or less, of dedicated right -of -way, located along David Road, City of Dublin, County of Franklin, State of Ohio; and WHEREAS, under Ohio Revised Code Section 723.121, a municipality may sell right -of -way via competitive bidding; and WHEREAS, because of the location of the property and the unique characteristics of the adjacent development, it is not feasible to sell such property through a competitive bidding process; and WHEREAS, under Dublin Charter Section 8.04, City Council may waive competitive bidding; and WHEREAS, instead of selling the property via the competitive bidding process, Council desires to sell the property directly to Germain Real Estate Co., LLC for $25,000.00; and WHEREAS, Council has determined that it is in the best interest of the City to waive the competitive bidding requirements in this situation; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Union, Delaware and Franklin Counties, State of Ohio, � of the elected members concurring that: Section 1. All competitive bidding requirements are hereby waived in relation to the right -of -way described in Exhibit A. Section 2. The City Manager is hereby authorized to sell the right -of -way designated in Exhibit A to Germain Real Estate Co., LLC for $25,000.00 and take any such action required to divest the City of such property. Section 3 . This Ordinance shall take effect on the earliest date permitted by law. Passed this 1,V day of 00 --rob e,, , 2007. Mayor — Presiding Officer ATTEST: Clerk of Council SCHOTTENSTEIN ZOX &DUNW..,,, MEMORANDUM TO Dublin City Council Jane S. Brautigam, City Manager FROM Stephen J. Smith, Law Director Jennifer D. Readler, Assistant Law Director DATE: September 13, 2007 RE: Ordinance 75 -07 - Sale of Right -of -Way along David Road No Longer Needed for a Public Purpose and Waiving Competitive Bidding INTRODUCTION The City of Dublin ( "Dublin ") owns right -of -way along David Road that is no longer required for a public purpose. Germain Real Estate Co., LLC ( "Germain ") has expressed its interest in buying the property so that it may be incorporated into its adjacent site, which is currently being developed. Given the unique location and characteristics of the right -of -way in conjunction with the Germain development, it is not feasible to sell the right -of -way via competitive bidding, which is required pursuant to Ohio Revised Code Section 723.121. Instead, we would recommend that Dublin sell the right -of -way to Germain and waive competitive bidding. TERMS OF THE SALE: 1. Germain will pay Dublin $25,000 for the right -of -way. 2. Dublin will waive any competitive bidding requirements for the right -of -way (Council is authorized to waive competitive bidding under Dublin Charter Section 8.04). CONCLUSION AND RECOMMENDATION: The Law Department recommends approval of Ordinance No. 75 -07 and, upon the approval of the Ordinance, will prepare all documents necessary to convey the right -of -way to Germain for execution by the City Manager. EXHIBIT BOUNDARY DESCRIPTION OF 0.447 ACRE A North of Dublin Granville Road (S.R. 161) West of Sawmill Road Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Quarter Township 3, Township 2, Range 19, United States Military District, being part of David Road as shown on that plat entitled "Dedicated of David Road" of record in Plat Book 57, Page 93 and dedicated to public use thereon, and described as follows: Beginning, for reference, at a monument found marking the centerline intersection of Dublin - Granville Road with Shamrock Boulevard; thence South 86° 41' 23" East, with the centerline of Dublin - Granville Road, 661.94 feet to the centerline intersection of Dublin - Granville Road with David Road, also being a southeast corner of Parcel 34WV (0.159 acre) conveyed to the City of Dublin of record in Instrument Number 200102120028016 and a southwest corner of Parcel 35WV (0.302 acre) conveyed to the City of Dublin of record in Instrument Number 200104110075521; thence North 02° 33' 20" East, with the centerline of David Road and partly with a line common to said Parcels 34WV and 35WV, 400.36 feet to the True Point of Beginning; thence North 87° 26'40" West, 30.00 feet to an iron pin set in the west right -of -way line of David Road and the east line of that tract conveyed to Mary M. Warner of record in Official Record 20403E15; thence North 02° 33' 20" East, with said west right -of -way line, said east line, the east line of that tract conveyed to Ima Moore of record in Instrument Number 200006260125913, and the east line of that tract conveyed to Virgil S. Schnell, Jr. of record in Instrument Number 200312080389585, passing 5/8 inch rebar found at 94.34 feet and 225.14 feet, 325.14 feet to a' /4 inch pipe with a Bird & Bull cap found at the northeast corner of said Schnell tract and the southwest corner of that 0.415 acre tract as shown on that plat entitled "Vacation Plat of Part of David Road" of record in Plat Book 89, Page 13 conveyed to Columbus Southern Power Company of record in Instrument Number 199812310337533, also in the south line of that 3.21 acre tract conveyed to Columbus Southern Power Company of record in Instrument Number 199812310337539; thence South 86° 41' 26" East, with the south line of said 0.415 acre tract and said south line, 60.01 feet to a ` / 2 inch rebar found in the east right -of -way line of David Road, at a southeast corner of said 0.415 acre tract and a northwest corner of that tract conveyed to Lowe's Home Centers, Inc. of record in Instrument Numbers 199903020052330 and 199903160064409; thence South 02° 33' 20" West, with said east right -of -way line, the west line of said Lowe's Home Centers, Inc. tract, and the west line of those tracts conveyed to Lowe's Home Centers, Inc. of record in Instrument Numbers 199903020052328 and 199903020052334, passing a ` / 2 inch rebar at 230.80 feet, 324.35 feet to an iron pin set; thence North 87° 26' 40" West, 30.00 feet to the True Point of Beginning, containing 0.447 acre, more or less. Bearings are based on the Ohio State Plane Coordinate System, South Zone per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments Frank 73 & Frank 74, established by the Franklin County Engineering Department, giving a bearing of South 86° 41'23" East for a portion of Dublin - Granville Road (S.R. 161). All references are to the records of the Recorder's Office, Franklin County, Ohio. This survey was prepared by Evans, Mechwart, Hambleton & Tilton, Inc. under the direction of Edward J. Miller, P.S. No. 8250 from existing records and actual field surveys performed in April 2006, September 2006, and February/March 2007. Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC. EVANS, MECHWART, HAMBLETON & TILTON, INC. Edward J. Miller Professional Surveyor No. 8250 EJM:SG /17Apri12007 0 447 ac David Road 70295 1 doc SUR VEY OF A CREA GE PARCEL QUARTER TOWNSHIP 3, TOWNSHIP 2, RANGE 19 UNI TED STA TES MIL ITAR Y DISTRICT CITY OF DUBLIN, FRANKLIN COUNTY, OHIO #✓ Of n Plot o! 1 c ^ C "�1 Pa o! David Raod - _ _ _ P.B. 89, PC 1_1 " Parcel numbers shown hereon f re r to a 11 1 1 "Id'd survey mode by C. F. Bowers and doted J Fiiemoth, Registered Surveyors April 3953, os shown on that p /at entitled Dedication o! David Rood" of record in P.B. 57, Page 93 This survey was prepared by Evans, Mechwort, Homb/eton & Tr /ton, Inc. under the direction of Edward J. Miller, P. S. No. 8250 from a 40ing records and actual field surveys performed in April 2006, September 2006, and Februory/Vaich 2007 I w N h mo Moore !K 200006260125913 Porce/No 70 0.447 Acre - - _ 518' RebOr Fnd. BAS /S OF BEARINGS.- Bearings are based on the Ohio State Columbus Soulhem Abhor ✓ndo/ Power Company I 321 Acres Mary M Womer /N 799812J10JJ75J9 Advstment). Control for bearings was from coordinates of " Par', NO 14 O.R 2040 J 14" PQe Ind. monuments Fronk 7J & Fronk 74, established by the Franklin & Bvl =cop -JE75 V S. Schne /l, ✓r_ County Engineering Department, giving a bearing of South !N 200312080389585 I O Porce/ No. 12 86'4123' East for o portion of Dublin— Granville Rood (SR. 161). \ I w N h mo Moore !K 200006260125913 Porce/No 70 0.447 Acre - - _ 518' RebOr Fnd. BAS /S OF BEARINGS.- Bearings are based on the Ohio State I Donnabe //e Scott, Tr. 0.547 Ac. Abhor ✓ndo/ U�ry Plone Coordinate System, South Zone per NA08J 0986 O.R. JJ968F0J Mary M Womer W Advstment). Control for bearings was from coordinates of W O.R 2040 N monuments Fronk 7J & Fronk 74, established by the Franklin No. 1 -JE75 U County Engineering Department, giving a bearing of South I O ry 86'4123' East for o portion of Dublin— Granville Rood (SR. 161). \ " Parcel No. 6 J/I Fny I r/ xbdPn( I Pipe cap — "/ WodPerr cap 1 P ipe Fnd N h cap I M1 " Parcel NO 11 _ \ Linda Ann Myers _D.B J688, Pg. 70 No 5 \ice/ , 5 /B' peb Fn r/1" Rebar Fnd. r - - I _o I Donnabe //e Scott, Tr. 0.547 Ac. Abhor ✓ndo/ U�ry O.R 1600JB70 O.R. JJ968F0J I W I p "Parcel m No. 1 •• P orce/ No. 2 U I O ' "Ppe Q � -- -- J/I Fny I r/ xbdPn( I Pipe cap — "/ WodPerr cap 1 P ipe Fnd N h cap � 6 ' Tr a/ pabon Porch JIWV (0 111 Acre) /N. 100/o111GYJ18a14 SB677 2J E — 661.94' 19 U811 V GRANW1L E ROAD (STATE ROUTE O — STaVE FND. ■ = MON. FND. • _ 1 P. FND. o =P. SET • = MAG NAIL FND. O = MAG NAIL SET • = R. R. SPK. FND. L = R.R. SPK. SET * = P. K. NAIL FND. lP Set ore 1J/16" I.D. iron ppe with cop inscribed EMHT INC 50' 0 50' 100' GRAPHIC SCALE (IN FEET) 0 U�ry d � � 4 v "Parcel N 13 2 867726E 1/1- Rebar Fy. 6007' -- -- I h Lowe" Nome Centers, mc. I N 7999 03010"52 o IN 199903160064409 N h I M1 " Parcel NO 11 _ h I 1 I a I NB776V0 "W 3 N 'O"" Home Centers, inc. R !/! 199903020051328 O Porce/ No. 9 Rebar Fny Loves Nome Centers, /nc. LN 19"0J020052JJ4 " Parcel NO B City of Dub /in 0 465 Acre IN 199901270027508 •• Parce/ N J /I' P9 Fnd. 65)9 cap • /. Ppe I J /I" Fno ./ 6579 79 cop J0. I ` hl O t 11 �I Q �I^ C) h S m O W ' h � h Shamrock 10 060516009 AI (o Spa, CCC IN 5367 i LN 200605160095368 I " Parce/ No J "Porce/ NO 4 J/4 pipe, / 6579 cop 2 _ _ —R r/ woo err cPP I I 114" Pipe Fnd ��... v/ 6579 cap C;fy ` Porce/ 34x1' (0 I59 acre) c", o/ Due /in /N 1a01011 1o01B016 Porch J5WV (0301 acre) IN 100 ro411pp7551r � 161) — — — R/W KID1H VARIES Proresaro di Surwpr No. 8150