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HomeMy WebLinkAbout24-74 Ordinance [I I I 1 " II I ! I I I: I I I , .) : . ORDINANCE NO~' JLJ-7if , VILLAGE OF DUBLIN, omo . " ORDINANCE VACATING A PORTION OF ASHBAUGH ROAD AND A PORTION OF DRAKE ROAD; AND DECLARING AN EMERGENCY WHEREAS, Council is satisfied that there is good cause for the , \ ~ . vacation of the portions of.Ashbaugh Road and Drake Road as are described . , ,J '1 . r on the attached Exhibits Band C; and that such vacation will not be detrimental to the general interest of the Village and ought to be made; and WHEREAS, the owners of the property abutting said portions of said roads have requested and consented to the vacation thereof by letter of May 2, 1974, which is attached hereto and marked as Exhibit A: NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 0 of the elected members concurring: SECTION 1. That the portions of Ashbaugh Road and Drake Road as are described on the attached Exhibits Band C which are hereby made a ~ " part of this ordinance be, and the same hereby are, vacated. i. ) \ ( SECTION 2. That this ordinance be, and the same hereby is, \..-1 declared to be an emergency measure necessary for the immediate preservation of the public health, peace and safety for the reason that such action is necessary so that orderly development of the area can go . I forward consistent with development plans previously approved by Council; I and that this ordinance shall take effectiand be in force immediately upon I its passage. I /;/k / I I I I . / _l"rT . Passed this '-9 day of MM , 1974. I ~' . . .' ~ .,~ :. : ! I I c. ,." '. , , . . ~ . , -:. j. . ~'; I, . 1 ' , . . r 9' J- . ' ~. ;. '...' . ) I t to ....,. "., '.' .' . . .' < .l I ./ - ". ";. '.'c' . . . \. "\ .~ '^'1"'~L- . . ' . . . . . f (~--... _ . v ,,\""; ,t .,: .' I"" ._ ~ .' t}.r3,'.' . . . ( " ' . . ..'" ,I, . ,...~ . .' : . : .' . : . '. .' ; '.~. -~ I Att t . 1 .1 -,'. ,', '. :.,. " '. .." , e s : ~ ~. It ~ '~ .- ,\.... ~~,,: .~.. .'.... - ] ;.~)l:"'~' :1 ~..; -'" ~ ! . ,,' ~ . I .~~ ~.Jil~n.... ) .! /'--' ~ "'.... I 4 .tt ,.' 0" . . .".' 8"" ~ ~ '" 1 \ I Clerk - Treasurer -<.. ~., ~;':'1"r'~ c:L:,~ i ,,-"Vl)J,.-~.i . ,~~:~,.;..\,..~, ", I '! _._____~mn .~-f_.. .__'_ -....._.r-.~...'.~.,..,.~.....'."--Oll'. ",,"',co, .,... .,.,,- ..... I J . 'I ' l I' , 'I' I 'I I "EXHIBIT A" 3040 RIVERSIDE DRIVE I COLUMBUS, OHIO 43221 1(614) 488-0653 May 2, 1974 ~ The Village Council i' Municipal Building ~~ 129 S. High Street Dublin, Ohio 43017 Dear Council r~embers: As we have informally discussed with you, we would appreciate your taking action to vacate.the portion':Ashbaugh' (Franklin Co.) - Drake (Delaware Co.) Road which is shown between points "X" and "Y" on the map 'attached as Exhibit A. -Legal descriptions of the area to be vacated are attached as Exhibit B (the portion of Ashbaugh Road) and Exhibit C (the portion of Drake Road). The portions of the road involved, prior 'to vacation, are described in Exhibit D (Ashbaugh Roa~-fr~nk1in Co.) and Exhibit E (Drake Road-Delaware Co.). vllii1e this letter serves to formalize our request for vacation, it is not to be construed as a petition therefor under Section 723.04 of the Ohio Revised Code. Rather, it is a request that you take 'action pursuant to Section 723.05 of the Ohio Revised Code and is to serve as ,the consent of this corporation and of Muirfie1d Ltd. (on whose behalf this corporation is authorized to act) to the vacation as all of the owners of property abutting the roadway, obviating pursuant to Section 723.06 of the Ohio Revised Code the necessity . of your giving notice of your intention to vacate the roadway pursuant \) to Section 723.07 of the Ohio Revised Code. t ) , ' . ~ As you are aware, this vacation is a portion of the overall development plan for the Muirfie1d Village area. As a part of that plan alternative roadways will be provided. However, you have ex- : pressed a legitimate concern that the vacation not occur without a current commitment to promptly provide the alternative roadways. Thus, we have secured such a commitment from Muirfie1d Ltd., the owner-developer 'of the area in which the alternative roadway is to be developed. It is attached as Exhibit F to this letter. Yours sincerely, GOLDEN BEAR MUIRFIELD, INC. By d) w '- . ~'^'" David G. Sherman, Secretary ( l- I. III I. 111.11.11.1 I ,111'111,. .1..' ., I."", j ,..... ",.. I'- "" I " r 'I' " I'll I I II , 'I . I I' . I , . ' . CHESTER,HOFFMAN,PARK,\~LLCOX& ROSE 16 EAST BROAD STREET COLUM,BUS, OIlIO 43215 ,.. HERBERT HO,.,.MAN, .JR. May 6, 1974 TE:LE:PHONE: HOWARD C. PARK 221'''000 RODE:RICK H. WILLCOX ARE:A CODE &1.. DONALD G. ROSE: CHARLE:S S. LOPE:MAN ..J - ! - , .-I V The Village Council , Municipal Building 129 South High Street Dublin, Ohio 43017 Dear Council Members: I have received a copy of a request from Golden Bear Muirfield, Inc. by David G. Sherman, Secretary, requesting that Council take action to vacate a portion of Ashbaugh Road and Drake Road, a copy of which letter is attached to this letter and marked "Exhibit A". I have further received a copy of an instrument which would purport to be a commitment by Muirfield Ltd. to replace the road, a copy of which purported commitment I am also attaching to this letter and marked "Exhibit B". ! Please be advised that if we carry out the request as contained ! " } i in the letter marked "Exhibit A" we shall have only the promises of " I Muirfield Ltd. to look to in return for the requested vacation of Ashbaugh U and Drake Roads. I have no knowledge whatsoever of the present financial position of Muirfield Ltd. I do not know whether they have it within their power to dedicate to public use Muirfield Drive as contained in Paragraph 1 of their purported commitment. :A:s.\you know, Plans and Specifications for a portion of the road- way to be built have not been presented for approval. Further, -'no time limit is specified anywhere in the submitted instruments. Paragraph 3 of the commitment pertaining to the letter of credit is frgnia: legal point of view so general in view of the above that I am not certain as to whether it could be enforced. \ { , .., ,,- -- I ' .' 4 II h II I.~ I. " I I ,i.,,; 11~: j"" ; I. I, " ., . " . . I. Ii. ~ .-," ,.'", -~ ! !I I I I' II III III .. I ' .1 II I i I ! I I' t I , . Dublin Village Council Re: Ashbaugh & Drake Roads - vacation May 6, 1974 Page 2 The comments that I have made in this letter are merely designed ,..... to point out to you that you are being requested to immediately vacate '! ,- Vi llage land (Ashbaugh Road - Drake Road) against a general promise of - , performance by Muirfield Ltd. at a, later date. I point out to you the ."J 'v obvious pitfalls involved without intending in any way this letter to answer the question as to whether we should or should not comply with their request. "Exhibit A" makes reference to Ohio Revised Code Section 723.05.. Golden Bear Muirfield, Inc. is requesting Council to take action pursuant to that statute. It provides that "When, in the opinion of the legislative authority (Council), there is good cause for vacating. .. a street. . ., or any portion thereof, and that such vacation . .. will not be detrimental to the general interest, it may, by ordinance and without petition therefor, vacate. .. such street. ... or any part thereof. " The quoted statute makes it the duty of Council to determine whether there is good cause for the requested vacation and whether such vacation will not be detrimental to the general interests. Section 723.06 of the Ohio Revised Code provides "Notice of the intention of the legislative authority of a municipal corporation to vacate any street. . ., or part thereof shall be given as provided in Section 723.07 of the Revised Code (publication either in a newspaper of general \. I circulation for six consecutive weeks preceding action or by posting the I \ I notice in three public places six weeks preceding such action), except I J I when written consent to such vacation is filed with,the legislative U authority by the owners of the property abutting the part of the street.. . proposed to be vacated, in which case such notice shall not be required. " "Exhibit A" states that Muirfield Ltd. and Golden Bear Muirfield, Inc. own all of the property abutting the portions of the roadway which Council is requested to vacate. I have no knowledge whatsoever of the ownership of the land within Delaware County abutting the portion of Drake Road which Council is requested to vacate. I checked the Engineer's maps at the Franklin County Court House and his maps do indicate that Muirfield Ltd. and Golden Bear Muirfield, Inc. own all the land abutting the portion of Ashbaugh Road in Franklin County which Council is requested to vacate. , .. l " H. II I ' . I; . . I II II I... I , . I, I. I "I I, II I, ,.. ~ i I .".,. , , .... , " . '- .. ..... . ., I I I' ,- II I II I ' I II , 'I ' I " I I Dublin Village Council Re: Ashbaugh & Drake Roads - vacation May 6, 1974 Page 3 . Attached hereto is an ordinance for your considerationJ which - would accomplish the requested vacation. \ I . Very truly yours I -: ,j \.." DGR/ac ~ I i , I \ I U . , j , I i ~ .. I I . . A. .... ... ..............-.... -- . ~ - - ' . I' . 'I'" I 'I' . ' I I' . I ) . "EXHIBIT A" 3040 RIVERSIDE DRIVE I COLUMBUS, OHIO 43221 I (614) 488-0653 May 2, 1974 - - I The Village Council V Municipal Building 129 S. High Street Dublin, Ohio 43017 Dear Council 1.1embers: As we have informally discussed with you, we would appreciate your taking action to vacate the portion Ashbaugh (Franklin Co.) - Drake (De1a\'lare Co.) Road which is shown between points "X" and "y" on the map attached as Exhibit A. Legal descriptions of the area to be vacated are attached as Exhibit B (the portion of Ashbaugh Road) and Exhibit C (the portion of Drake Road)., The portions of the road involved, prior to vacation, are described in Exhibit D (Ashbaugh Road-Franklin Co.) and Exhibit E (Drake Road-Delaware Co.). vfui1e this letter serves to formalize our request for vacation, it is not to be construed as a petition therefor under Section 723.04 . of the Ohio Revised Code. Rather, it is a request that you take action pursuant to section 723.05 of the Ohio Revised Code and is to serve as the consent of this corporation and of Muirfie1d Ltd. (on whose behalf this corporation is authorized to act) to the vacation as all of the owners of property abutting the roadway, obviating pursuant to Section 723.06 of the Ohio Revised Code the necessity \ .J of your giving notice of your intention to vacate the roadway pursuant I J to Section 723.07 of the Ohio Revised Code. ~ IV As you are aware, this vacation isa portion of the overall development plan for the Muirfie1d Village area., As a part of that plan alternative roadways will be provided. However" you have ex- pressed a legitimate concern that the vacation not occur without a current commitment to promptly provide the alternative roadways. Thus, we have secured such a commitment from Muirfie1d Ltd., the owner-developer of the area in which the alternative roadway is to be developed. It is attached as Exhibit F to this letter. Yours sincerely, GOLDEN BEAR MUIRFIELD, INC. '-'" By ~W ,.~'^" David G. Sh erman , Secretary l . , , ,., 'I I ..,-. 1'16/1 1,1. ''','1ft' "... ..., ... . .. II r '1'1 II I II "I I , II'"t '" I Ii 1 'I . , .. , "EXHIBIT B" muirfield Ltd. 3040 RIVERSIDE DRIVE I COLUMBUS, OHIO 4322f I (614) 488-0653 May 2, 1974 ) - I : ~ The Village Council Municipal Building 129 s. High street Dublin, Ohio 43017 Dear Council Members: In connection with the contemporaneous request made by G~lden Bear Muirfield, Inc. that you vacate a portion of Drake-Ashbaugh Road, and in furtherance of the overall development plan for the Muirfie1d area, we agree as follows: 1. To promptly take all steps necessary to be taken by Muirfie1d Ltd. to cause the dedication to public use of Muirfie1d Drive, as shown generally between points #2 and "B" on Exhibit,A attached to the letter i requesting the vacation, to which this letter is. attached. ; . , 2.' To construct as promptly as is feasible (i) four lanes ' of Muirfie1d.Drive from Brand Road to the first full intersection on,Muirfie1d Drive and (ii) two lanes from that point to Glick Road, as shown on the aforementioned ! ExhibitA.' ' \ ,I 3. To provide to the Village of Dublin a letter of credit l I in the amount of $200,000 to assure that the aforesaid ~i commitments will be kept, and, upon the letting of a contract for construction of the portions of Muirfie1d Drive to be built pursuant to Item 2, above, to replace the letter of credit with a performance bond pursuant to the Village's requirements respecting bonding of road construction. We hope that in light of these commitments made by us you will act favorably upon the request of Golden Bear Muirfie1d, Inc. to va- cate a portion of Ashbaugh-Drake Road. ' Yours sincerely, , MUIRFIELD LTD. By The Muirfie1d Company, , General Partner By Golden Bear Muirfie1d, Inc., Managi~g partn~ By, d)~ G... ~ , Dav~d G. Sherman,' Secretary " ',' r ~ ) . .... I ' 1 ' 'I_ . . I 'II 'I, 1 " 'I . I' 0" I" " . I, .' .. ,11 I~. .1".. : I, ..', t . , I ., . .. ., . , .. II" . . . .. I - - , 'I' .. il I II I II I' ; I I I I' 1 I . l , -..... - "EXHIBIT B" ffiuirfield. ltd. 3040 RIVERSIDE DRIVE I COLUMBUS, OHIO 43221 1(614) 488-0653 Hay 2, 1974 ~ I ~ ,.I The Village Council ~ Municipal Building 129 S. High Street Dublin, Ohio 43017 Dear Council Members: In connection with the contemporaneous request made by Go~den . Bear Muirfield, Inc. that you vacate a portion of Drake-Ashbaugh Road, and in furtherance of the overall development plan for the , Muirfie1darea, we agree as follows: I, 1. To promptly take all steps necessary to be taken by Muirfie1d Ltd. to cause the dedication to public use of Muirfie1d Drive, as shown generally between points #2 and "B" on Exhibit,A attached to the letter requesting the vacation, to which this letter is. attached. , 2.' To construct as promptly as is feasible (i) four lanes of Huirfie1d Drive from Brand Road to the first full intersection on,Muirfie1d Drive and (ii) two lanes from ; that point to Glick ROhd,~~s~wn on the ~~em~tion~ ~ : Exhibit A. ~.h I $ .so'1f1t./. -e.. C!oJorltf e.. e W/ / \ J t),ve Xeq ~ ' . I 3. To pro de t~ t e ~11age of Dublin a letter of credit \ ( in the amount of $200,000 to assure that the aforesaid V' commitments will be kept, and, upon the letting of a contract for construction of the portions of Muirfie1d Drive to be built pursuant to Item 2, above, to replace the letter of credit with a performance bond pursuant to the Village's requirements respecting bonding of . road conSjrU~ion. cI. 'A cLs: ~ . W-e- U/'lt rV$?lrt/c::.T /I- Q l/<TTe.. ~ Yn/ 'Yli'vA/C , W~hope that in light of these commf:ments made by us you will act favorably upon the request of Golden Bear Muirfie1d, Inc. to va- cate a portion of Ashbaugh-Drake Road. Yours sincerely, . MUIRFIELD LTD. By The Muirfie1d Company, General Partner By Golden Bear Muirfie1d, Inc., Managi~g partn~ By :p~ G-. ~, Dav~d G. Sherman, Secretary \ ., ( ,,, II .."... .... .... t II I I I i I ! I I: I . EXHIBIT, E - Boundary Description of a Portipn of Ashbaugh 1 Road between the,Washington Township Trustees Cemetery Lot and the Franklin-Delaware County Line 0 April 24, 1974 . . . '. . . ~ . ' .. ~ .'. - , " The following described road right-of-way being a portion of existing , Ashbaugh Road; dedication of said road right-of-way being of record in , ~, , j , Road Record Volume 7, Page 258, Franklin County Ohio Engineer's Office. I - j '. J Situated in the State of Ohio, County of Franklin, Village of Dublin, I , , being also a part of Virginia Military Lands, Survey No. 2545, and more '. I particularly bounded and described as follows: 0' j . j " Being a strip of land, sixty (60) feet wide, lying thirty (30) feet . ~ on each side of the following described centerline, the sidelines of said sixty (60) foot wide strip being extended to intersect the Franklin-Delaware , County line on the north and the northerly line (and that line extended 0 I westerly across Ashbaugh Road) of a "Cemetery" tract, conveyed to, Trustees' of Washington Township, Franklin County, Ohio, by deed of record in Deed I Book 1070, Page 73, Franklin County Ohio Recorder's Office, on the south; I . said centerline beginning at the northwest corner of the foregoing noted . / - "Cemetery" tract and running northerly along the centerline of existing I AShbaugh Road, crossing a 1,536.458 acres tract (405.121 acres in Franklin . County), conveyed to Muirfield Ltd., of record in Deed Book 3349, Page 584, Franklin County Ohio Recorder's Office, a distance of 1,080 feet, more or less, to a point in the Franklin-Delaware County line. The foregoing described existing' portion of Ashbaugh Road contains 1.5 ; I acres, , more or less, subject however to all lega~ easements of record~ t . This description prepared by Burgess & Niple, Limited, Columbus, Ohio. . J I \ I ~ \ ~ I '\...-' ~7e. _, ~:. Reg. Surveyor No. ""'.1. c.) Ohio, . I . i ;/ I I I ~ I " . I '. I , , I 0 . . . I I . I , I . . i I I 0 I . .. jj I J '\ J I I' I" II I. ..... I' ,. 111"1 I.... d d.' ,. II U 'I." I I ,.... . . I .. -I .. . I'" ., "~'I I I , " ! I I' . II III I " . 11 ' , , I ! . 1 , ... EXHIBIT C. 0 Boundary Description of a 'Portion of Drake Road that is Located on the North side of the Delaware-Franklin County Line. e April 24) 1974 . The following described road right-of-way being aportion'of existing . .Drake Road (Delaware County Road.No~ 130); dedication of said road right- [ , ,of~way being of record in Plat Book 10, Page 169"Delaware County Ohio Re- I corders Office. '\ ,.) '-' Situated in the State of Ohio, County of Delaware) Village of Dublin) being also a part of Virginia Military Lands) Survey No. 2545, and more pa~ticularly bounded and described as follows: . Being a strip of land) sixty (60) feet wide, lying thirty (30) feet I ! on each side of the following described centerline, the sidelines of said ; sixty (60) foot wide strip being extended to intersect the Delaware- Franklin County line, on the south. and a line across Drake Road (normal to the centerline of existing Drake Road) located 400 feet south of the south- I west corner of a 6.08 acre, conveyed to Everett E. and Frances F. Buckner, ! by deed of record in Deed Book 213, Page 63, Delaware County Ohio Recorders Office) on the north; said centerline beginning at a point in the Delaware- Franklin County line in the centerline of the existing Drake Road; thence) northerly along the centerline of existing Drake Road, a distance of 1,550 feet) more or less) to a point located 400 feet south of the southwest cor- " ner of the foregoing no~ed'6.08 acres tract. ! . . "The foregoing described portion of existing Drake Road containing i I 2.1 acres) more or less, subject however to all legal easements of record. ! i This description prepared by Burgess.& Niple, Limited) Columbus) Ohio. L i . ) !, \ ) ; , ~_:?e'. ~,~ Reg. Surveyor N~. ~~c-,J I I \...J Ohio j ! "/ . \ I j . , hb i. (. O' , "I' . I' II II I" I . j I "I I, d'"" II If. 'II ~ ~ ,I I, I." ",.. . . I II' ., 1'.1 I p. II ..