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HomeMy WebLinkAboutOrdinance 38-11RECORD OF ORDINANCES 38-11 Ordinance No. Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.125 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, A 0.054 ACRE, MORE OR LESS, BIKEPATH EASEMENT, AND A 0.188 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM DUBLIN PLAZA LP. WHEREAS, the City of Dublin is installing a pedestrian connection along the western side of Corbin's Mill Drive to improve overall connectivity in this area; and WHEREAS, said improvement requires the City of Dublin to obtain right -of -way and an easement for a bicycle and pedestrian path, together with a temporary construction easement for the installation of the same, on the property located in the City of Dublin, County of Franklin, State of Ohio as described in the attached Exhibits A, B, C, D, and E (the "Property ") owned by Dublin Partners L.P. ( "Partners "); and WHEREAS, Partners has agreed to donate the Property to the City of Dublin without consideration or compensation being paid to them and the City of Dublin desires to accept the dedication/donation of the Property. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, =f the elected members concurring that: Section 1 . Council authorizes the City to accept the dedication/donation of the Property from Partners and further authorizes the City Manager to execute any and all documents necessary to effectuate the donation. Section 2 . This Ordinance shall be effective on the earliest date provided by law. Passed this 1 ,54 day of 4ax4 1. O fficer ATTEST: !„ e iy (? alP � 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 Jennifer D. Readler, Assistant Law Director Asim Z. Haque Lesley R. Avery DATE: July 1, 2011 RE: Ordinance No. 38 -11 - Corbin's Mill Drive Right-of-Way and Easement Donation Dublin Plaza, L.P. PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing to construct a pedestrian connection along the west side of Corbin's Mill Drive from SR 161 to the driveway for the Dublin Plaza. While researching the possibility of installing the sidewalk, it came to light that a portion of Corbin's Mill Drive is currently situated on private property belonging to Dublin Plaza, L.P. It appears that when Corbin's Mill Drive was widened to accommodate turn lanes, the right -of -way needed for the roadway was identified, but not recorded. Dublin Plaza, L.P. has agreed to donate the necessary property to the City as right -of -way. In addition to the right -of -way dedication, an easement for a bicycle and pedestrian path is needed, together with an easement for temporary construction to install the path. Dublin Plaza, L.P. has agreed to donate the land needed for the easements to the City. The attached map shows where the right -of- way, path easement, and temporary construction easement are located. ACQUISITION INTRODUCTION: Dublin Plaza, L.P. is donating to the City the following property located within Franklin County, Parcel Nos. 273-001349 and 273 - 000270. ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 38 -11 would allow the City Manages to execute all necessary conveyance documents to formally accept the dedication/donation of the aforementioned property interests. RECOMMENDATION: Staff recommends approval of Ordinance 38 -11 at the second reading/public hearing on August 1, 2011 as acceptance of the dedication of the aforementioned property interest from Dublin Plaza L.P. is necessary to complete the Corbin's Mill Drive pedestrian connection and bikepath. PROPERTY ACRES 1. Ri ht -of -wa 0.125 2. Path Easement 0.054 3. Temporary Easement 0.188 ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 38 -11 would allow the City Manages to execute all necessary conveyance documents to formally accept the dedication/donation of the aforementioned property interests. RECOMMENDATION: Staff recommends approval of Ordinance 38 -11 at the second reading/public hearing on August 1, 2011 as acceptance of the dedication of the aforementioned property interest from Dublin Plaza L.P. is necessary to complete the Corbin's Mill Drive pedestrian connection and bikepath. I l \ PREPARED BY THE CITY OF DUBLIN, ENGINEERING 5800 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 1 d.A 1 do SR 161 rr r, I n Aim kel i.' i� T SR 161 & Corbins Mill Dri DUBLIN, OH = � SR 161 � I 1 I l w I ir 0 IJ I Z m I O U , LEGEND Right -Of -Way 0.125 Ac. ■ Path Easement 0.054 Ac. Temporary Easement 0.188 Ac. DRAWN CHECKED CMJ JM'M DATE: JOB NO. 04/15/2011 J'-ALL: I = bU 0 30 0 60 EXHIBIT PATH EASEMENT 0.054 ACRES M��J Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military Survey Number 2542, being part of a 12.496 acre tract conveyed to Dublin Plaza L.P. by deed of record in Instrument Number 199910010247142 (al] references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows: Beginning for reference, at the northwesterly corner of Lot 1 of Dublin Heights Subdivision by plat of record in Plat Book 24, Page 47, being on the centerline of Bridge Street (U.S. Route 33) (width varies) as shown in plan FRA- 270- 7.47N; thence South 89° 03' 34" West, with said centerline, a distance of 297.68 feet to a point at the northwesterly corner of that 0.70 acre tract conveyed to the Village of Dublin by deed of record in Deed Book 3533, Page 777; thence South 04° 08' 04" West, with the westerly line of said 0.70 acre tract a distance of 45.18 feet to a point at the intersection of the southerly right -of -way of Bridge Street, and the westerly right -of- way line of Corbin Mill Drive and being at the northeasterly corner of said 12.496 acre tract; thence South 89 03' 34" West, with the northerly line of said 12.496 acre tract, and the southerly right -of -way line of said Bridge Street, a distance of 54.82 feet to a point on the proposed westerly right - of -way of Corbins Mill Drive, the TRUE POINT OF BEGINNING; point; point; thence South 14° 26' 43" East, with said proposed right -0f - -way a distance of 155.68 feet to a thence South 04' 08' 04" West, with said proposed right -of -way a distance of 150.00 feet to a thence continuing across said 12.496 acre tract, the following courses and distances: North 85 56" West, a distance of 19.79 feet to a point; North 00° 00' 00" West, a distance of 22.18 feet to a point; North 42° 00' 01" East, a distance of 25.06 feet to a point; North 04' 08' 04" East, a distance of 107.11 feet to a point; North 14.26' 43" West, a distance of 143.60 feet to a point; North 32° 26' 53" West, a distance of 14.30 feet to a point on the southerly right -of -way line of said Bridge Street, and on the northerly line of said 12.496 acre tract; thence North 89° 03' 34" East, with the northerly line of said 12.496 acre tract, and the southerly right -of -way line of said Bridge Street, a distance of 10.71 feet to the TRUE POINT OF BEGINNING and containing 0.054 acre of land, more or less. The basis of bearing is the centerline of Bridge Street having a bearing of South 89° 03' 34" West and based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FCGS 7772 and FCGS 7769, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment. ���quutrHh� ��``� 0 F p'�•,,� EVANS, MECHWART, HAMBLETON & TILTON, INC. O �= MICHAEL * WANG'HICK * E Michael O. Wanchick Date • 7854 s 9F �1 T Ep`� `•�� i•� ` Registered Surveyor No. 7854 MOW: iwo1Fcb. 22, 2011 0 OS4 w 110063 .doe EXH71BI ,9 TEMPORARY EASEMENT 0.188 ACRES ���j Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military Survey Number 2542, being part of a 12.496 acre tract conveyed to Dublin Plaza L.P. by deed of record in Instrument Number 199910010247142 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows: Beginning for reference, at the northwesterly corner of Lot l of Dublin Heights Subdivision by plat of record in Plat Book 24, Page 47, being on the centerline of Bridge Street (U.S. Route 33) (width varies) as shown in plan FRA 270 7.47N; thence South 89° 03' 34" West, with said centerline, a distance of 297.68 feet to a point at the northwesterly corner of that 0.70 acre tract conveyed to the Village of Dublin by deed of record in Deed Book 3533, Page 777; thence South 04" 08' 04" West, with the westerly line of said 0.70 acre tract a distance of 45.18 feet to a point at the intersection of the southerly right -of -way of Bridge Street, and the westerly right -of -way line of Corbin Mill Drive and being at the northeasterly corner of said 12.496 acre tract; thence South 89° 03' 34" West, along the northerly line of said 12.496 acre tract, and the southerly right -of -way line of said Bridge Street, a distance of 65.53 feet to a point, the TRUE POINT OF BEGINNING; thence across said 12.496 acre tract, the following courses and distances: South 32 26' 53" East, a distance of 14.30 feet to a point; South 14° 26'43" East, a distance of 143.60 feet to a point; South 04° 08' 04" West, a distance of 107.11 feet to a point; South 42° 00' 01" West, a distance of 25.06 feet to a point; South 00° 00' 00" East, a distance of 22.18 feet to a point; North 85° 51' 56" West, a distance of 13.71 feet to a point; North 00 33' 37" East, a distance of 89.45 feet to a point; North 00° 36' 11" East, a distance of 79.51 feet to a point; North 89° 15' 17" East, a distance of 7.79 feet to a point; North 01 ° 24' 55" East, a distance of 16.48 feet to a point; North 88° 53' 03" West, a distance of 8.09 feet to a point; North 00° 41' 11" West, a distance of 43.60 feet to a point; North 16° 06' 22" West, a distance of 28.10 feet to a point; North 36° 50' 00" West, a distance of 20.72 feet to a point; North 63° 19' 44" Wcst, a distance of 15.75 feet to a point; North 87 27' 20" West, a distance of 20.24 feet to a point; North 00 56' 26" West, a distance of 16.15 feet to a point on the southerly right -of -way line of said Bridge Street, and on the northerly line of said 12.496 acre tract; thence North 89° 03' 34" East, with the northerly line of said 12.496 acre tract, and the southerly right -of -way line of said Bridge Street, a distance of 48.16 feet to the TRUE POINT OF BEGINNING and containing 0.188 acre of land, more or less. The basis of bearing is the centerline of Bridge Street having a bearing of South 89' 03' 34" West and based on the Ohio State Plane Coordinate System South 'Lone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FCGS 7772 and FCGS 7769, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment. OF • Gj � MICHAEL * p. wanr,HJCK � is 7854 r 9 LWA EVANS, MECHWART, HAMBLETON & TILTON, INC. Michael O. Wanchick Date Registered Surveyor No. 7854 MOW: jwo/Feb. 22.2011 0 054 ac 110063 .doc C HIBIT C 1910MM EXHIBIT VIRGINIA MILITARY SURVEY NO. 2542 N I= ` 0 43 r.. m.. gee . •es. c rt."e�� O ow � .,..,,. w—o CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF 01110 ssoo re..: llanswsao Us "w .arnr v� emM.com Dote: February 23. 2011 Job No. 20110063 Scale: 1' = 100' STATE ROUTE 161 (U.S 333 BRIDGE STREET FRA -270 -7.4 N (WIDTH VARIES) 0.188 AC. . Temporary Eosement� ty 0.188 Acre DISTANCE LI 1 155.68' L2 LIS 150.00' 1-3 N85"51'56'W 19.79' L13 N00V0'0o"W 22.18' N o 25.05' L6 N04VO - E 107.11' L7 N14'26'43 "W 143.60' L8 N32'26'53'W O � I 10,71' p- a 1 13.71' LII NOO'33 w^ i n N NDO'36'11% 1 m at 1 q. N891517'E 7.79' L14 1 C 0011Y O L15 N88'53'03 "W 8.09' a N00'41'11 "W 43.60' L17 ° z 28.10' Lis b 20.72' L19 N63'19'44'W 15.75' 1c N8r27'20'W 20.24 L21 NOO'56 16.15' L22 N59 03 - E 48.15' L C o f .s a. ov) C3 O n Y�I g° N CY S'v S o � c ! J t:.O., I N 1 !! Ci a � . 9 F _ sa!n3'31,'W SO4ro D4'W 297 6,5 — 5.19 1 0.05 1 4 AC. 1 _ P.0 Easement ' u I J 0.0.0 54 Acre � 1 s Robson. William G on, a 0.931 Ae. '^ o: D.B. 3628. P. 596 _ 1 � N I 1 = m CL OC z , O r us _J I ' u rl, O'Connor. Kevin dt Karen 0.903 Ac. st vas IN. 2005091z0188018 ' C Q ee:;: �o�o Moon, Malin D. & i Cynthia. K. I 1.115 Ac. D.B. 3370. Pg. 106 UNE TABLE BASIS OF BEARINGS: The basis of bearing is the centerline of Bridge Street having a bearing of South 89' 03'34" West and based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1966 Adjustment). Control for bearings was from coordinates of monuments FCGS 7772 and FCGS 7769, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment & ,%S111111110411 % rr'r see" O, t �f MICHAE * f 0. _* W 8 54ICK ! a� OVA L 100 0 100 20C By Z /iy /r Michael O. Wanchiek GRAPHIC SCALE (.n feet) Professional Surveyor No. 7854 City of Dublin /Corbins Mill Drive / 20110063 / 20110063GE LINE BEARING DISTANCE LI S14'26'43'E 155.68' L2 SO4'08'04'W 150.00' 1-3 N85"51'56'W 19.79' L4 N00V0'0o"W 22.18' L5 N42VVOI'E 25.05' L6 N04VO - E 107.11' L7 N14'26'43 "W 143.60' L8 N32'26'53'W 14.30' L9 N59'03'34'E 10,71' L10 N85'51'56'W 13.71' LII NOO'33 89.45' L12 NDO'36'11% 79.51' L13 N891517'E 7.79' L14 NO1Z4'55'E 16.48• L15 N88'53'03 "W 8.09' L16 N00'41'11 "W 43.60' L17 N16'06'22'W 28.10' Lis N36 "W 20.72' L19 N63'19'44'W 15.75' L20 N8r27'20'W 20.24 L21 NOO'56 16.15' L22 N59 03 - E 48.15' 100 0 100 20C By Z /iy /r Michael O. Wanchiek GRAPHIC SCALE (.n feet) Professional Surveyor No. 7854 City of Dublin /Corbins Mill Drive / 20110063 / 20110063GE EXHIBIT 0.125 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military Survey Number 2542, being part of a 12.496 acre tract conveyed to Dublin Plaza L.P. by deed of record in Instrument Number 199910010247142 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows: Beginning for reference, at the northwesterly corner of Lot 1 of Dublin Heights Subdivision by plat of record in Plat Book 24, Page 47, being on the centerline of Bridge Street (U.S. Route 33) (width varies) as shown in plan FRA- 270- 7.47N; thence South 89° 03' 34" West, with said centerline, a distance of 297.68 feet to a point at the northwesterly comer of that 0.70 acre tract conveyed to the Village of Dublin by deed of record in Deed Book 3533, Page 777; thence South 04° 08' 04" West, with the westerly line of said 0.70 acre tract a distance of 45.18 feet to a magnetic nail set at the intersection of the southerly right -of -way of Bridge Street, and the westerly right -of -way line of Corbins Mill Drive and being at the northeasterly corner of said 12.496 acre tract, the TRUE POINT OF BEGINNING; thence South 04° 08' 04" West, along the easterly line of said 12.496 acre tract, and the westerly line of said 0.70 acre tract and the westerly right -of -way line of said Corbins Mill Drive, a distance of 364.00 feet to an iron pin set; thence across said 12.496 acre tract, the following courses and distances: North 00° 30' 25" West, a distance of 61.79 feet to an iron pin set; North 04 08' 04" East, a distance of 150.00 feet to an iron pin set; North 14° 26' 43" West, a distance of 155.68 feet to an iron pin set on the southerly right -of -way line of said Bridge Street, and on the northerly line of said 12.496 acre tract; thence North 89° 03' 34" East, with the northerly line of said 12.496 acre tract, and the southerly right -of -way line of said Bridge Street, a distance of 54.82 feet to the TRUE POINT OF BEGINNING and containing 0.125 acre of land, more or less, of which 0.002 acres is in auditor's parcel number 237 - 001349 and 0.123 acres is in auditor's parcel number 273 - 000270. Subject, however, to all legal rights -of -way and/or easements, if any, of previous record. The above description was prepared from a field survey conducted by EMH &T in January 2011. 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. The basis of bearing is the centerline of Bridge Street having a bearing of South 89° 03' 34" West and based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FCGS 7772 and FCGS 7769, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment. ��AVV: . O,y'�y� EVANS, MECHWART, HAMBLETON & TILTON, INC. MICHAEL 0. WANCHICK t i Michael O. Wanchick Date 7854 O �� Registered Surveyor No. 7854 �G /$TEP PRELIMINARY MOW: ,.WJan.26,2011 APPROVAL ,oJ 0_125 c 110063 A= PC.,Ja1,,JC0 bib �zs� FRANKLIN COUNTY ENGINE rRING DEPT DATE: lI BY. S EXHIBIT @ [MM SURVEY OF ACREAGE PARCEL &anL Meck%.W. Hambl■lon a Mot%kv. VIRGINIA MILITARY SURVEY NO. 2542 lnphe■n • Sw 0 . Canna, . 0H43M1 CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO SS00 N■w A417rq Hood. Cdumd■, OH 17pi1 rl m:A1a775.lSOp tom F"s 911!)7SUI11 enf L - corn Date: January 28. 2011 Job No. 20110063 Scale: 1" = 100' STATE ROUTE 161 (U.S 33) BRIDGE STREET FRA- 270 -7.47 N (WIDTH VARIES) — SO4'08'04 W 297.68 N89'03'34 "E I 4&1e 54.82 I 0-125 Are 1 ! z p1 V (0.002 Ac. PI0 237- 001349) 0 a — (0.132 Ac. PID 237- 000270) S ^ g -31 Robson, William G. m'r r �I 0.931 Ac. �a 1 I ( r D.B. 3628, P. 698 �^ 1 v 1 � OO N C ;! 1 1 zm _ a C^ 8 p ' O p0� I 1 O I __ N r I 1 r 1 o O N 1 a —;r ' C0tV O W it a ■ O t3 o 0 Q fn O'Connor, Kevin & Koren O? Q o I z 0.903 Ac. 1 N m ' IN. 200509120188018 V) - - -- z j W ^ U v e a t 12 r o - N00'30' 5'w s t 61.79' do -- =u ° nn z �^ 1 O a O Moon, Merlin D. do J Cynthia. K. N < 1.115 Ac. S o ^ ; D.B. 3370, Pg. 106 c z o g I C tt p Z -- 0 51' I I BASIS OF BEARINGS: The basis of bearing is the centerline of Bridge Street having a bearing of South 89° 03'34" West and based on the Ohio Statc Planc Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FCGS 7772 and FCGS 7769, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment. Note: This survey was prepared using documents of record, prior plats of survey, and observable field evidence. +` �1�11tttltlfl/7 �� d F 4yi Note: Occupation, in general, fits survey. y MICHA>:L '� �s O. e • = I.P. FND. - WANCHICK 0 = I.P. SET 7854 r 1i O = MAG NAIL SET �' %, �� /$TER� • I.P. Set are 13/16" I.D. iron ''�•s�AIAL pipe with Cap inscribed EMHT INC �����itutttt► +� "�� 100 0 too 200 / 0. By GRAPHIC SCALE (in feet) Michael O. Wanchick Professional Surveyor No. 7854 h M R S s s Q a n 8 J B 8 s s i 8 City of Dublin /Corbins Mill Drive / 20110063 / 201100638V