HomeMy WebLinkAboutOrdinance 15-11RECORD OF ORDINANCES
Inc.
Ordinance No.
15 -11
Form No.30043
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
FOR THE ACQUISITION OF 0.023 ACRES, MORE OR LESS,
FEE SIMPLE INTEREST, AND A 0.048 ACRES, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT FROM
CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT.
WHEREAS, the City of Dublin ( "City ") is preparing to construct the Emerald Parkway
Phase 8 roadway construction project; and
WHEREAS, Candice R. Barnhardt and Steven C. Barnhardt (`Barnhardt") own a
parcel that the City must acquire property interests from in order to construct the
Emerald Parkway Phase 8 project; and
WHEREAS, the City and Barnhardt participated in discussions for the acquisition of
these property interests from Barnhardt; and
WHEREAS, the City and Barnhardt have come to mutually agreeable terms for the
acquisition of these property interests; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between Barnhardt and the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, zz— of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.023 acres, more or less, fee simple interest,
and a 0.048 acres, more or less, temporary construction easement from Barnhardt, as
depicted in the attached Exhibit "A ".
Section 2. Barnhardt shall be compensated for the aforementioned property interests
in the amount of Three Thousand Dollars ($3,000.00).
Section 3 . This ordinance shall take effect on the earliest date permitted under
applicable law.
Passed this �day of 2011.
/ii�l�.. '61
Ma — O fficer
ATTEST:
Clerk of Council
SZD
MEMORANDUM
TO Dublin City Council
Marsha I. Grigsby, City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM Stephen J. Smith, Law Director
Asim Z. Haque
DATE: April 7, 2011
RE: Ordinance No. 15 -11 Land Acquisition - Emerald Parkway Phase 8
Candice R. Barnhardt and Steven C. Barnhardt
PROJECT BACKGROUND:
The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway
construction project. The City must acquire property interests from various landowners located
within the City in order to construct this roadway project. A representative of the City has
reached out to landowners in order to gauge their respective interests in selling the needed
property interests to the City.
ACQUISITION INTRODUCTION:
The City has successfully negotiated a land sale transaction with Candice R. Earnhardt and
Steven C. Barnhardt (collectively the "Bamhardts "). The City will be acquiring from the
Bamhardts only those property interests needed for the Emerald Parkway Phase 8 project.
These property interests are generally depicted in the map attached to this memorandum.
In total, the acquisition consists of the following property interests:
Property Interest Acquiring
ACRES
COST
1. Right ofWay
0.023
$ 1,150
2. Temporary Easements
0.048
$ 350
3. Land Improvements
Natural Growth
$ 1,500
TOTAL COMPENSATION
$ 3,000
The City shall also perform various landscaping improvements to the Bamhardts' property with
an approximate value of $1,000.
ACTION TO BE AUTHORIZED BY ORDINANCE:
Ordinance 15 -11 would allow the City Manager to execute all necessary conveyance
documentation to formally acquire the aforementioned property interests.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 15 -11 at the second reading/public hearing on
April 25, 2011 as the acquisition of these property interests is necessary for the furtherance of the
Emerald Parkway Phase 8 construction project.
2
EXHIBIT A
PARCEL 25 -WD
RIGHT OF WAY ACQUISITION
FROM
CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT
January 4, 2010
Page 1 of 3
Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2
North, Range 19 West of the United States Military Lands, Quarter Township 2 and part of Lot
Numbered 12 being further described as part of Lot 5, Kiplinger Estates recorded in Plat Book
61, Page 51 and conveyed to Candice R. Barnhardt and Steven C. Barnhardt as described in
Instrument Number 199706040014790 of the Franklin County Recorder's Office and being a
parcel of land lying on the Left side of Emerald Parkway as shown on the Centerline Plat for
Emerald Parkway - Phase 8 recorded in Plat Book , Page and being more particularly
described as follows:
COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at
station 39 +41.49 and the West line of Lot Number 11 and the East line of Lot Number 12 as
located in Quarter Township 2 also being the Southeast corner of a 1.670 acre tract of lands
conveyed to Michael E. Harber and Heather S. Harber as described in Instrument Number
199805270128307 and the Southwest corner of a 1.248 acre tract of lands conveyed to the City
of Dublin as described in Instrument Number 200203190070647 and the Northeast corner of a
28.105 acre tract of lands conveyed to The Borror Corporation as described in Official Record
8775 FO1 (1/2 interest) with the ownership named changed by affidavit to the Borror Realty
Company as described in Official Record 26466 A15 and the Catholic Diocese of Columbus (1/2
interest) as described in Deed Book 2961, Page 661 and the Northwest corner of a 1.000 acre
tract of lands conveyed to McKitrick Properties Inc as described in Official Record 11349 FO1,
also being 76.50 feet left of the centerline of proposed Emerald Parkway at station 220 +59.98;
THENCE with the East line of the 1.670 acre Harber lands and the East line of a 0.534 acre tract
of land conveyed to Michael E. Harber and Heather S. Harber as described in Instrument
Number 199805270128307 and the West line of the 1.248 acre City of Dublin lands, North 03°
06' 50" East for a distance of 440.19 feet to a 3/4" Iron Pipe Found at the Northeast corner of
the 0.534 acre Harber lands and the Southeast corner of Lot Number 5 Barnhardt lands, being
72.74 feet left of the centerline of proposed Emerald Parkway at station 225 +04.91 and the
TRUE POINT OF BEGINNING of the herein described parcel;
THENCE with the North line of the 0.534 acre Harber lands and the South line of Lot 5
Barnhardt lands, North 67 1 44' 26" West for a distance of 15.88 feet to a Iron Pin Set on the
proposed right -of -way of Emerald Parkway, being 87.74 feet left of the centerline of proposed
Emerald Parkway at station 225 +10.13;
THENCE with the proposed right -of -way of Emerald Parkway and through Lot 5 Barnhardt
lands, North 03° 06' 50" East for a distance of 65.18 feet to a Iron Pin Set, being 87.72 feet
left of the centerline of proposed Emerald Parkway at station 225 +75.30;
THENCE continuing with the proposed right -of -way of Emerald Parkway and through Lot 5
Barnhardt lands, South 86° 53' 10" East for a distance of 14.96 feet to a Iron Pin Set on the
existing right -of -way of Emerald Parkway and the East line of Lot 5 Barnhardt lands, being
72.76 feet left of the centerline of proposed Emerald Parkway at station 225 +75.30;
THENCE with the existing and proposed right -of -way of Emerald Parkway and the East line of
Lot 5 Barnhardt lands , South 03° 04' S1" West for a distance of 70.38 feet BACK TO THE
TRUE POINT OF BEGINNING.
EXHIBIT A
PARCEL 25 -WD
RIGHT OF WAY ACQUISITION
FROM
CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT
January 4, 2010
Page 2 of 3
The above described parcel contains 0.023 acres, including 0.000 acres in the present road
occupied on Bright Road, lying within Franklin County Auditors parcel number 273 - 008881.
All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based
on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records. The basis
of bearings in the above described parcel are based on Grid North as obtained by RTK/GPS
observations taken from Franklin County Engineer Monuments: Station FCGS 7772 and FCGS
7773, with a bearing of North 02° 34' 49" East, based on datum: Ohio State Plane South,
NAD83(86 adjustment) and are for the determination of angles only.
4��
William C. LeRoy PS
Ohio License No. 7664
Burgess and Niple
O
4
WILLIAM �
C.
7664
�
Date
EXHIBIT A
STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN
TWP 2 N, R 19 W, U.S.M.L, QTR. TWP 2, LOT #12
I i i
ANDREW J. DEVANTIER and I '
JENNIFER L. RIST
4136 MACDUFF WAY
PID: 273 - 008880 I I
LOT 4
I
I
1
I
I
I
I
1
I
CANDICE R. BARNHARDT
and STEVEN C. BARNHARDT
4143 MACDUFF WAY
PID: 273 - 008881
LOT 5
KIPLINGE,R ESTATES
PLAT BOOK \61, PAGE 51
JOHN WREATHALL
and ROSEMARY WREATHALL
4157 MACDUFF WAY
PID: 273 - 008882
LOT 6
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25 -WD I
(0.023 ACR S)
MICHAEL E. HARBER
HEATHER S. HARBER
4136 BRIGHT RD
PID: 273 - 008413
Inst. #199805270128307
0.534 ACRES
EXHIBIT A
STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN
TWP 2 N, RG 19 W, U.S.M.L, QTR. TWP 2, LOT #12
\ CANDICE k BARNHARDT
and STEVEt C. BARNHARDT
\\ 4143 MACDUFF WAY
PID: X73- 008881
KIPLINGER E TATES SOT 5
PLAT BOOK 61, AGE 51 I C C
i E
I � �
N w° N S86 - E
JOHN WREATHALL I o o a \Q5 14.96'
and ROSEMARY WREATHALL 0 .
4157 MACDUFF WAY \\ I E It
PID: 273 - 008882 I -0 0 °'
LOT 6 I _� 17
U
`\\ I o > ,n
U � p co
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\ I� w o
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to
225 +10.13 M
87.74' LT Z
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,uunuuxiy I 5
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1
225 +75.30
72.76' LT Q
W
225 +75.30
87.72' LT
M
O
3 25 -WD
(0.023 AC)
V)
a e �� E Of p
P ' "' • "'' yp''
MICHAEL E. HARBER I
44' ?6 IQs
5
WILLIAM '. =
HEATHER S. HARBER
Found
* LER C .
4136 BRIGHT RD I
PID: 273 - 008413 I
,
7664
�I st. #1998052701283017
h
'y�c �sTE
0.534 ACRES
,.
y % / ANAL
w7 1
/ 4
- 14 -zo
CITY OF DUBLIN
P.O.B 4070 BRIGHT RD
225 +04.91 PID: 273 - 008637
72.74' LT Inst. #200203190070647
1.248 ACRES
LEGEND
O Monument Found
OR
O,o NAIL
10,ok PK NAIL
Spike Found 0 10' 20 Q
Found
SET
Opy Drilled
Hole Found
0/, Pin
Found
41-S Iron Pin Set -5/8" x 30" rebar set with
plastic I.D. cap: "LEROY 7664"
( ) parenthesis indicates record dimension
if different than measured.
P.0.6 -Point Of Beginning
P.o.c -Point Of Commencement
EXHIBIT A
PARCEL 25 -T
TEMPORARY EASEMENT ACQUISITION
FROM
CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT
January 4, 2010
Page 1 of 3
Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2
North, Range 19 West of the United States Military Lands, Quarter Township 2 and part of Lot
Numbered 12 being further described as part of Lot 5, Kiplinger Estates recorded in Plat Book
61, Page 51 and conveyed to Candice R. Barnhardt and Steven C. Barnhardt as described in
Instrument Number 199706040014790 of the Franklin County Recorder's Office and being a
parcel of land lying on the Left side of Emerald Parkway as shown on the Centerline Plat for
Emerald Parkway - Phase 8 recorded in Plat Book , Page and being more particularly
described as follows:
COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at
station 39 +41.49 and the East line of Lot Number 12 as located in Quarter Township 2 and the
Southeast corner of a 1.670 acre tract of land conveyed to Michael E. Harber and Heather S.
Harber as described in Instrument Number 199805270128307 and the Southwest corner of a
1.248 acre tract of land conveyed to the City of Dublin as described in Instrument Number
200203190070647;
THENCE with the East line of the 1.670 acre Harber lands and the East line of a 0.534 acre tract
of land conveyed to Michael E. Harber and Heather S. Harber as described in Instrument
Number 199805270128307 and the West line of the 1.248 acre City of Dublin lands, North 03
06' 50" East for a distance of 440.19 feet to a 3/4" Iron Pipe Found at the Northeast corner of
the 0.534 acre Harber lands and the Southeast corner of Lot Number 5 Barnhardt lands, being
72.74 feet left of the centerline of proposed Emerald Parkway at station 225 +04.91;
THENCE with the North line of the 0.534 acre Harber lands and the South line of Lot 5
Barnhardt lands, North 67 1 44' 26" West for a distance of 15.88 feet to a Iron Pin Set on the
proposed right -of -way of Emerald Parkway, being 87.74 feet left of the centerline of proposed
Emerald Parkway at station 225 +10.13 and the TRUE POINT OF BEGINNING of the herein
described parcel;
THENCE continuing with the North line of the 0.534 acre Harber lands and the South line of
Lot 5 Barnhardt lands, North 67° 44' 26" West for a distance of 21.17 feet to the temporary
easement line, being 107.74 feet left of the centerline of proposed Emerald Parkway at station
225 +17.08;
THENCE with the temporary easement line and through Lot 5 Barnhardt lands, North 03 06'
50" East for a distance of 82.95 feet, being 107.71 feet left of the centerline of proposed
Emerald Parkway at station 226 +00.03;
THENCE continuing with the temporary easement line and through Lot 5 Barnhardt lands,
South 86 53' 10" East for a distance of 34.94 feet to the existing right -of -way line of Emerald
Parkway and the East line of Lot 5 Barnhardt lands, being 72.77 feet left of the centerline of
proposed Emerald Parkway at station 226 +00.01;
THENCE with the existing right -of -way line of Emerald Parkway and the East line of Lot 5
Barnhardt lands, South 03° 04' 51" West for a distance of 24.72 feet to a Iron Pin Set on the
proposed right -of -way of Emerald Parkway , being 72.76 feet left of the centerline of proposed
Emerald Parkway at station 225 +75.30;
EXHIBIT A
PARCEL 25 -T
TEMPORARY EASEMENT ACQUISITION
FROM
CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT
January 4, 2010
Page 2 of 3
THENCE with the proposed right -of -way of Emerald Parkway and through Lot 5 Barnhardt
lands, North 86 53' 10" West for a distance of 14.96 feet to a Iron Pin Set, being 87.72 feet
left of the centerline of proposed Emerald Parkway at station 225 +75.30;
THENCE continuing with the proposed right -of -way of Emerald Parkway and through Lot 5
Barnhardt lands, South 03 06' 50" West for a distance of 65.18 feet BACK TO THE TRUE
POINT OF BEGINNING.
The above described parcel contains 0.048 acres lying within Franklin County Auditors parcel
number 273 - 008881.
All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based
on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records. The basis
of bearings in the above described parcel are based on Grid North as observed by GPS
observation taken from the Ohio State Plane Coordinate System, Ohio South Zone(3402),
NAD83(1986) and are for the determination of angles only.
la e /�/- -
William C. LeRoy PS
Ohio License No. 7664
Burgess and Niple
OF
O,
s
WILLIAM
O
LEROY
7664
- 4 - Z0 /0
Date
EXHIBIT A
STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN
TWP 2 N, R 19 W, U.S.M.L, QTR. TWP 2, LOT #12
ANDREW J. DEVANTIER and I '
JENNIFER L. RIST
4136 MACDUFF WAY
PID: 273 - 008880 I i
LOT 4
I
I I
I I
I ,
I ,
I
I
I 0 30' 60'
CANDICE R. BARNHARDT
and STEVEN C. BARNHARDT i I
4143 MACDUFF WAY i I
\ PID: 273 - 008881
LOT 5 I I
I
I
I ,
E`f' I
\ D
I � E
I
7 N t
O ° to I
N W N ;
r:
KIPLING `,R ESTATES I ° 00 I
PLAT BOOK 1, PAGE 51 ; -0 o I
\ \ I EU°'
I 7 I
\ U
I j
U V p R 1
I
I
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I ;
I
JOHN WREATHALL \
and ROSEMARY WREATHALL I I
4157 MACDUFF WAY \ I I
PID: 273 - 008882 25 -T
LOT 6
(0.048 ACMES)
I
I I
I MICHAEL E. HARBER
HEATHER S. HARBER
I 4136 BRIGHT RD j Burgess k Niple
I PID: 273 - 008413 I I 5085 Reed Road. Columbus, Ohio 43220
Inst. #199805270128307 p(J (614) 459 -2050
f 0.534 ACRES I I Survey tor:
I CITY OF DUBLIN
I
STEVEN C. BARNHARDT
AND
CANDICE R. BARNHARDT
4136 BRIGHT RD
Owg: = Ch k: WCL 1 12 -29 -09
Scale: SHOWN I Sht: 3 3 1 PR44959
EXHIBIT A
STATE OF OHIO, FRANKLIN COUNTY
TWP 2 N, RG 19 W, U.S.M.L, QTR.
CANDICE F. BARNHARDT
and STEVEN C. BARNHARDT
4143 M CDUFF WAY
PID: 2 3- 008881
KIPLINGER \ESTATES 40T 5
PLAT BOOK 6t PAGE 51 S86'53'1 0 "E
_ 34_94
226 +00.03 �
107.71' LT
JOHN WREATHALL I 1 Sri J
and ROSEMARY WREATHALL 1 n N
4157 MACDUFF WAY Ln r-
PID: 273 - 008882 rn l N ` _ ° s
LOT 6 N 1 N86
001 1 14.96' 1
W
OI ,a
:n l
\ I to I c`no
CO H 1 I
` I ZI O J i I
\` ; + ^ 1
1 LO ip ul
1 N O IM
MICHAEL E. HARBER
1
HEATHER S. HARBER H 'Q I
4136 BRIGHT RD I 2j 44 1 s Asa_
PID: 273 - 008413
Inst. #199805270128307
0.534 ACRES
CITY OF
TWP 2,
DUBLIN
LOT #12
I
I
I
226 +00.01
LEGEND
72.77' LT
O Monument Found 0 15 30
w
RS Railroad Spike Found
Q 1 1
O, _ PK NAIL Found
O N 225 +75.30
g
ti
�o PK NAIL SET
k
N 72.76' LT
Q
W
OD Drilled Hole Found
10"W
Q
Oio, Iron Pin Found
Dio Iron Pin Set -5/8" x 30" rebar set with
25 -T
plastic I.D. cap: "LEROY 7664"
(0.048 AC)
ill
( ) parenthesis indicates record dimension
if different than measured.
2
1
+1 0.13
225
P.O.B —Point Of Beginning
87.74' LT
P.O.c —Point Of Commencement
Burgess & Niple
— _
— _
5085 Reed Ro ad, C olumbus, Ohio 4321
- - -_`
O /f,
6 14) 459- 2050
IPF 3'
Y h - 1 1
CITY OF DUBLIN
4070 BRIGHT RD
PID: 273 - 008637
Inst. #200203190070647'' =_
1.248 ACRES
50' Columbus and Southern
Elecectric Company Easement
D.V. 1948 PG. 264
CITY OF DUBLIN
PREPARED BY THE CITY OF DUBLIN,
ENGINEERING
5800 Shier Rings Road • Dublin, Ohio 43016 -1236
Phone (614)410 -4600 • Fax (614)761 -6506
EMERALD PARKWAY
PHASE 8
4143 MACDUFF WAY
DUBLIN, OHIO 43017
X3 44A CID UFF
WA Y
I Y
Q
4143
MACDUFF'
a WAY a
1
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LEGEN
PROPO ED RIGHT-OF-WAY - 0.0 3 Ac.
d
PROP SED TEMPORARY rASE NT - 0.043 Ac
DRAWN CHECKED DATE: JOB NO.
MSS 03/31/11 07 -008
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