The URL can be used to link to this page

Home My WebLink About02-08 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. 1 02 -08 (Amended) Ordinance No. Passed Perm No. 30043 20 it AUTHORIZING THE PURCHASE OF A PERMANENT SANITARY SEWER EASEMENT IN A 0.087 ACRE TRACT, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT IN A 0.260 ACRE TRACT, MORE OR LESS, LOCATED WEST OF DUBLIN ROAD, FROM A.E. WALLACE MAURER, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the construction of the Dublin Road /Brand Road roundabout in 2005 by the City of Dublin damaged the on -site septic system serving the property owned by Ruth A. Thomas at 4680 Brand Road; and WHEREAS, to mitigate the damage to the on -site septic system the City of Dublin is committed to providing an on -site system and connection to 4680 Brand Road to outlet sewage from the property to the City of Dublin sanitary sewer system; and WHEREAS, the connection requires the installation of a sanitary sewer line on and through property owned by A.E. Wallace Maurer at 7451 Dublin Road; and WHEREAS, said installation will require the City of Dublin obtain a sanitary sewer easement on and through the premises depicted on the attached Exhibit "A" and a temporary construction easement on and through the premises depicted on the attached Exhibit "B ", located in the City of Dublin, Franklin County, Ohio. 1 WHEREAS, the City desires to enter into an agreement for the purchase of the 0.087 acre, more or less, permanent sanitary sewer easement and the 0.260 temporary construction easement on and through the premises located in the City of Dublin, Franklin County, Ohio for the sanitary sewer line for $12,470.00. 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 an necess Y g Y y conveyance documents related to the acquisition of the 0.087 acre, more or less, permanent sanitary sewer easement and the 0.260 acre, more or less, temporary construction easement and paying any related costs. Section 2. 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 it is essential to begin construction of the sanitary sewer line so that proper sanitary sewage disposal can be restored to the property at 4680 Brand Road. Therefore, this ordinance shall go into immediate effect. Passed this day of v , 2008. t � Mayor - Presiding Officer ATTEST: Clerk of Council SCHOTTENSTEI N ZOX &DUNNc.,,,. MEMORANDUM TO Dublin City Council Jane S. Brautigam FROM Paul A. Hammersmith, PE, Director of Engineering/City Engineer Stephen J. Smith, Law Director DATE: January 17, 2008 RE: Ordinance 02 -08 (Amended) Land Purchase - Easement A.E. Wallace Maurer Property Installation of a Sanitary Sewer Line for 4680 Brand Road PROJECT BACKGROUND: The construction of the Dublin Road/Brand Road roundabout in 2005 required the relocation of the driveway providing access to the property owned by Ruth A. Thomas at 4680 Brand Road. This driveway relocation impacted, and eventually permanently damaged, the on -site septic system providing sewage disposal to the Thomas property. At that time, the City of Dublin ( "City') committed to mitigating any damage to the on -site system by providing an on -site grinder pump and discharge fine connecting 4680 Brand Road to the City of Dublin sanitary sewer system. The connection requires the installation of a sanitary sewer line on and through the property owned by A.E. Wallace Maurer at 7451 Dublin Road. The sewer line will extend along the southern and western property fines of Mr. Maurer's property and connect to an existing manhole located within the Wellington Subdivision along the property fine between the subdivision and the Maurer property. The City is preparing to install the on -site system for 4680 Brand Road and construct the sanitary sewer fine. The installation of the sewer fine requires the acquisition of a 0.087 acre, more or less, permanent sanitary sewer easement and a 0.260 temporary construction easement on and through the premises from Mr. Maurer. ACQUISITION DETAILS: A title search was completed and an appraiser was engaged. The appraiser completed his evaluation and the Law Department engaged M/E Company (Mr. James Howard) to negotiate the needed acquisition with Mr. Maurer. Mr. Howard presented an offer to Wallace Maurer for a compensation amount of Twelve Thousand Four Hundred Seventy Dollars and No Cents ($12,470.00) as determined by the City's appraiser. Mr. Maurer has accepted this offer. The Law Department has prepared this ordinance authorizing the City Manager to execute any necessary conveyance documents related to the acquisition of the easements. RECOMMENDATION: The Law Department and the Division of Engineering recommend approval of Ordinance 02 -08 (Amended). SZD 5/8/2007 1:32:34 PM RAA B SURVEYING 'FOCUSED ON QUALITY' PAGE 005/006 Fax Server DESCRIPTION OF A 0.087 AC. PERMANENT EASEMENT FOR THE CITY OF DUBLIN SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, BEING PART OF VIRGINIA MILITARY SURVEY NO. 2453 AND ALSO A PART OF A 4.134 ACRE TRACT CONVEYED TO A.E. WALLACE MAURER BY DEED OF RECORD IN INST. 200502250034482, ALL RECORDS ARE TO THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 54 AS NUMBERED AND DELINEATED UPON THE ORIGINAL PLAT OF SHEFFIELD PLACE SECTION 2 THEREOF OF RECORD IN PLAT BOOK 84, PAGE 68, CONVEYED TO GREGORY A. AND KRISTEN A. JANIKIAN BY DEED OF RECORD IN INST. 200402130032361 AND BEING THE TRUE PLACE OFBEGINNING FOR THIS PARTICULAR DESCRIPTION; THENCE N 10 °00'05" W. A DISTANCE OF 93.70 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 ALSO BEING THE EASTERLY LINE OF SAID SUBDIVISION, PASSING THE NORTHEASTERLY CORNER OF SAID LOT 54 AT 85.67 FEET TO A POINT; THENCE N 87 °09'05" E. A DISTANCE OF 10.08 FEET PARALLEL TO THE EASTERLY LINE OF SAID LOT 54 THROUGH SAID 4.134 ACRE TRACT A POINT; THENCE THROUGH SAID 4,134 ACRE TRACT THE FOLLOWING 4 COURSES: 1. THENCE S 10 ° 00'05" E, A DISTANCE OF 64.07 FEET PARALLEL TO THE NORTHERLY LINE OF SAID LOT 54 TO A POINT; 2. THENCE S 49 ° 56'32" E, A DISTANCE OF 30.67 FEET TO A POINT; 3. THENCE S 89 °53'00" E, A DISTANCE OF 246.72 FEET TO A POINT; 4. THENCE S 00 ° 07'00" W, A DISTANCE OF 10.00 FEET TO THE NORTHERLY LINE OF A 0.9189 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INST. 200407150164764; THENCE N 89 °53'00" W, A DISTANCE OF 275.09 FEET ALONG THE NORTHERLY LINES OF SAID 0.9189 ACRE TRACT, A 0.9183 ACRE TRACT CONVEYED TO RUTH A. THOMAS BY DEED OF RECORD IN DEED BOOK 3755 PG. 53, AND A 0.9184 ACRE TRACT CONVEYED TO ANNEMARIE SOMMER BY DEED OF RECORD IN DEED BOOK 3609 PG. 553, RESPECTIVELY, TO TRUE PLACE OF BEGINNING CONTAINING 0.087 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, LEASES AND RESTRICTIONS OF RECORD AND OF RECORDS IN THE RESPECTIVE UTILITY OFFICES. THE BEARINGS WERE BASED ON THE EASTERLY LINE OF SHEFFIELD PLACE SECTION 2 BEING S 10 ° 00'05" E. AS SHOWN OF RECORD IN PLAT BOOK 84, PAGE 68, RECORDER'S OFFICE, FRANKLIN COUNTY. OHIO. A PLAT OF THE SURVEY IS ATTACHED TO AND MADE PART THEREOF I HEREBY CERTIFY THIS EASEMENT DESCRIPTION WAS PREPARED BY USING EXISTING COURTHOUSE RECORDS, AND THAT NO ACTUAL FIELD SURVEY WAS MADE UPON THE GROUND, JOHN JEFFREY RAAB, P.S, 7863 DATE 852 MARION ROAD, COLUMBUS, OHIO 43207 PHONE: 614 - 445 -6698 FACSIMILE: 614- 445 -7103 W W W. RAA B S UR V EYING. COM EASEMENT PTA T SI TUA TED IN THE STATE OF OHIO, COUNTY OF MA T THEW H & JENNIFER FRANKLIN, CITY OF DUBL IN, VIRGINIA MILITARY LOT 53 3 A. SCHR SURVEY NO. 2543 AND BEING PART OF 4.134 ACRE I/VST. 200607310149076 TRACT CONVEYED TO A.E. WAL L AC£ MAURER BY DEED P.I.B. 273- 007705 OF RECORD IN INST. 200502250034482, RECORDERS AW7 OFFICE, FRANKLIN COUNTY, OHIO .4 q . GREGORY A A KRISTEN W K LOT y c4 INS T. 200402130032361 Qc P.I.D. 273- 007706 A.E. WALL ACE MAURER INST. 200502250034482 4.134 ACRES P.I.D. 273 000615 Q087 ACRE' PERAMENT CASEMENT 50' 50' BASIS OFBEAP"GS BEARINGS ARE BASED ON THE EAST LINE OF SHEFFIELD PLACE SEC. 2 CSIO 00 OS EJ AS STATED IN PLAT BOOK B4 PAGE 68, RECORDERS OFFICE, FRANKLIN COUNTY, ONTO AV9'33W'V 27509' CERTIFICATION POB I H£R£BY CERTIFY THIS PLAT VAS NAVE BY USING b z RUTH A. THOMAS EXISMOU COURTHY SE RECORDS M7 FIELD eo P.R. 3755 P6. 53 CITY OF DUBLIN NEASMLWENTS MERE CWTAINED. - o' 11 b w 3 0.9183 ACRES INST. 2004 0 71501 6 4 76 4 00 °` P.I.D. 273- 000891 0.9!89 ACRES P.I.D. 273- 000882 v .0. a n � c7a fn �q END ® 0.087 ACRE JOMV .1 RAAB, OH PROFESSIONAL PERMANENT EASEMENT SURV£YLlR NQ 7863 AAB SURVEYING 'FOCUSED ON QUALITY' 1 DESCRIPTION OF A 0.260 AC. TEMPORARY EASEMENT FOR THE CITY OF DUBLIN SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, BEING PART OF VIRGINIA MILITARY SURVEY NO. 2463 AND ALSO A PART OF A 4.134 ACRE TRACT CONVEYED TO A.E. WALLACE MAURER BY DEED OF RECORD IN INST. 200502250034482, ALL RECORDS ARE TO THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO: BEGINNING FOR REFERENCE AT THE SOUTHEASTERLY CORNER OF LOT 54 AS NUMBERED AND DELINEATED UPON THE ORIGINAL PLAT OF SHEFFIELD PLACE SECTION 2 THEREOF OF RECORD IN PLAT BOOK 84, PAGE . 68, CONVEYED TO GREGORY A. AND KRISTEN A. JANIKIAN BY DEED OF RECORD IN INST. 200402130032351; THENCE N 10 "00'05' W. A DISTANCE OF 93.70 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 ALSO BEING THE EASTERLY LINE OF SAID SUBDIVISION, PASSING THE NORTHEASTERLY CORNER OF SAID LOT 54 AT 85,67 FEET TO A POINT; THENCE N 87 °09'05" E. A DISTANCE OF 10.08 FEET PARALLEL TO THE NORTHERLY LINE OF SAID LOT 54 THROUGH SAID 4.134 ACRE TRACT TO THE TRUE PLACE OF BEGINNING FOR THIS PARTICULAR EASEMENT; THENCE THROUGH SAID 4.134 ACRE TRACT THE FOLLOWING 5 COURSES: 1. THENCE N 87 °09'05' E. A DISTANCE OF 30.24 FEET PARALLEL TO THE NORTHERLY LINE OF SAID LOT 54 TO A POINT; 2. THENCE S 10 °00'05" E. A DISTANCE OF 15.19 FEET PARALLEL TO THE EASTERLY LINE OF SAID LOT 54 TO A POINT; 3. THENCE S 49 °56'32" E, A DISTANCE OF 61.34 FEET TO A POINT; 4. THENCE S 89 9 53'00" E, A DISTANCE OF 226.60 FEET TO A POINT; 5. THENCE S 00 A DISTANCE OF 40.00 FEET TO THE NORTHERLY LINE OF A 0.9189 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INST. 200407150164764; THENCE N 89 °53'00' W, A DISTANCE OF 25.00 FEET ALONG THE NORTHERLY LINE OF SAID 0.9189 ACRE TRACT TO A POINT; THENCE THROUGH SAID 4.134 ACRE TRACT THE FOLLOWING 4 COURSES: 1. THENCE N 00'07'00" E, A DISTANCE OF 10.00 FEET TO A POINT; 2. THENCE N 89 A DISTANCE OF 246.72 FEET TO A POINT; 3. THENCE N 49 °56'32" W, A DISTANCE OF 30.67 FEET TO A POINT; 4. THENCE N 10 °00'05" W, A DISTANCE OF 64.07 FEET TO THE TRUE PLACE OFBEGINNING CONTAINING 0.260 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, LEASES AND RESTRICTIONS OF RECORD AND OF RECORDS IN THE RESPECTIVE UTILITY OFFICES. THE BEARINGS WERE BASED ON THE EASTERLY LINE OF SHEFFIELD PLACE SECTION 2 BEING S 10 °00 E, AS SHOWN OF RECORD IN PLAT BOOK 84, PAGE 68, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. A PLAT OF THE SURVEY IS ATTACHED TO AND MADE PART THEREOF. I HEREBY CERTIFY THIS EASEMENT DESCRIPTION WAS PREPARED BY USING EXISTING COURTHOUSE RECORDS, AND THAT NO ACTUAL FIELD SURVEY WAS MADE UPON THE GROUND. JOHN JEFFREY RAAB, P.S. 7863 DATE 852 MARION ROAD, COLUMBUS, OHIO 43207 PHONE: 614. 445.6698 FACSIMILE: 614 -445 -7103 WWW.P,AABSURVEYING.COM a) a) En x �a w co 0 O 0 0 w a E a a+ m N 0 0 N CO LO EW H & JENNIFER A. SCHRAMM LOT 53 200607310149076 D, !?73-007705 ° face' 803= 64.497' ?EGORY A & /<RISTE JANMIAN �' `•-° �^' L OT 54 rn DNS T 200402130032361 0 P.I.D. 273- 007706 ohnO EA F.MF. NT PLA T SI TUA TED IN THE S TA TE OF OHIO, COUNTY DF FRANKLIN, CITY aF DUBLIN, VIRGINIA MIL I TAR Y SURVEY NO, 2543 AND BEING PART OF 4,134 ACRE TRACT CONVEYED TO A. E. WALL ACE MAURER BY DEED OF RECORD IN INST, 200502250034482, RECORDERS OFFICE, FRANKLIN COUNTY, OHIO 3QR4' CER TIFICA TION REFEREN POINT IFY THIS PLAT WAS MADE BY USING - OURTHOUSE RECORDS, NO FIELD UREMENTS WERE OBTAINED. J, RAAB, OHIO PROFESSIONAL SUR V E Y O R ND 7863 n. A,E WALLACE MAURER S49'56'38 INST. 200502250034482 61.34 4.134 ACRES PIP 273 000615 S89 . 5 3 1 06 1 £ 22K60' r b D Z RUTH A, THOMAS �' `•-° �^' D. B. 3755 PG. 53 rn 0.9183 ACRES PI.17, 273 000881 ohnO �� LEGEND I 9 - V 250 0260 ACRE TEMPORARY EASEMENT 50" 0' Is IN ol Scc /e: 1 = 50' BASIS OF BEA RING BEARINGS ARE BASED ON THE £A,5 SHEFFIELD PLACE SEC. 2 <SIO °OL STA TED IN PL A T BOOK 84 PA RE 'S OFFICE, FRANKLIN CO CITY OF DUBLIN INST 200407150164764 0 ACRES P.I.D. 2 73- 000882 DRA WN B Y T f DA 0312610 4 1 ft AB DWG. NO- R VL,YBY'G rnti ;eiacs oyin�.r�z• APPROIIED LAY. M.,.� - - - - -- — — 9