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Home My WebLink AboutResolution 66-11RECORD OF RESOLUTIONS Dayton legal Blank, Inc., Form No 30045 66 -11 Resolution No. Passed 2 0 A RESOLUTION MEMORIALIZING A CHANGE IN THE WATERLINE EASEMENT AREA ACQUIRED FROM CHARLES E. AND KAREN S. RICHARDSON WHEREAS, the City of Dublin is installing a waterline that abuts Emerald Parkway near Cardinal Health as part of its Emerald Parkway improvement endeavors; and WHEREAS, the City of Dublin ( "Dublin "), via Ordinance 96 -08, appropriated a utilities easement and a temporary construction easement from Charles E. and Karen S. Richardson (the "Richardsons "), located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, Dublin and the Richardsons settled their eminent domain lawsuit and Dublin acquired the necessary utilities easement and temporary construction easement via that settlement; and WHEREAS, the initial design of the waterline has been updated to allow for a smaller easement area to be obtained from the Richardsons in order to install the waterline; and WHEREAS, this smaller easement area will be beneficial to both parties, as the new area is much less invasive to the Richardson's property, and the new area will allow for Dublin to bore underground for the placement of the waterline; and WHEREAS, this Resolution will serve to memorialize a change in the waterline easement area acquired by Dublin through Ordinance 96 -08 and the subsequent eminent domain lawsuit settlement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, �4 of the elected members concurring that: Section 1. Council hereby authorizes the amendment of the utilities (waterline) easement area acquired by Dublin from Charles E. and Karen S. Richardson via Franklin County Court of Common Pleas Case No. 09CVH -07- 11270. Section 2. The amended easement area is legally described and depicted in the attached Exhibits "A" and "B ". Section 3. Council authorizes Dublin to record any necessary documentation with the Franklin County Recorder to consummate the amendment of the easement area. Section 4. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this 1 day of hirV t Pi b t I/ 2011. Mayor - Officer 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: December 8, 2011 RE: Resolution No. 66 -11 Emerald Parkway Waterline Installation Charles E. and Karen S. Richardson PROJECT BACKGROUND The City of Dublin ( "City ") is installing a waterline that abuts Emerald Parkway near Cardinal Health. The City needed to acquire property interests from Cardinal Health, the Board of Education, and Charles E. and Karen S. Richardson ('Richardson ") in order to construct the project. The City was forced to appropriate a utilities easement and a temporary construction easement from the Richardson via Ordinance 96 -08. The parties settled this lawsuit, Franklin County Court of Common Pleas Case No. 09CVH -07- 11270, and the City obtained its necessary property interests to construct the waterline. QU71010111710101 go] a N NI I !\ .] 11119709 *-%,] 01/710101 !\ .] MI The initial design of the waterline has been updated to allow for a reconfigured easement resulting in a smaller easement area to be obtained from the Richardsons. This smaller easement area is beneficial to both parties by preserving several existing trees and not requiring the reconstruction of the residential driveway. This easement area is depicted in the exhibit attached to this memorandum. The boundaries of this smaller easement area are different than the boundaries of the easement originally acquired from the Richardsons. Hence, this Resolution memorializing the smaller area. ACTION TO BE AUTHORIZED BY RESOLUTION: Resolution 66 -11 would authorize an amendment of the utilities (waterline) easement area acquired by Dublin from Charles E. and Karen S. Richardson via Franklin County Court of Common Pleas Case No. 09CVH -07- 11270. RECOMMENDATION: Staff recommends approval of Resolution 66 -11 for the mutual benefit of the City and the Richardsons in the construction of the waterline on Emerald Parkway near Cardinal Health. 2 EXHIBIT A Page 1 of 1 PARCEL CHARLES E. RICHARDSON III KAREN S. RICHARDSON 6 -U Emerald Parkway Version Date 11 -03 -2011 CITY OF DUBLIN EXCLUSIVE 30' WIDE 8 -INCH WATERMAIN EASEMENT FROM CHARLES E. RICHARDSON III and KAREN S. RICHARDSON Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2543, and being Lot 25 as shown and delineated upon the recorded plat of "THE WOODS OF INDIAN RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio. COMMENCING at an iron pin found at the Southwest corner of said Lot 25 and the Southeast corner of Lot 26 being the TRUE POINT OF BEGINNING of the herein described easement; THENCE with the West line of Lot Number 25 and the East line of Lot Number 26, North 24 38' 14" West for a distance of 190.00 feet to an iron pin found at the northwest corner of Lot 25 and the northeast corner of Lot 26 and on the right -of -way line of Forest Run Drive; THENCE with the right -of -way line of Forest Run Drive on a curve to the left, with a radius of 50.00 feet, a delta of 36' 52' 12 ", an arc length of 32.18 feet, with a chord bearing of North 46° 55' 40" East for a chord distance of 31.62 feet to the East line of the proposed easement; THENCE with the proposed easement and through said Lot Number 25, South 24° 38' 14" East for a distance of 213.81 feet to the North line of the 4.569 acre tract of lands conveyed to "THE BOARD OF EDUCATION DUBLIN LOCAL SCHOOL DISTRICT" as described in Official Record 29651, Page H02 and the South line of said Lot Number 25; THENCE with the South line of said Lot 25 and the North line of said 4.569 acre Board of Education lands, North 89° 54' 50" West for a distance of 33.03 feet BACK TO THE TRUE POINT OF BEGINNING. The above described area contains 0.138 acres within the Franklin County Auditor's Parcel Number 273 - 006011. Grantor claims title by Instrument 200804140056531, in the records of Franklin County, Ohio. This description was prepared by William C. LeRoy, Professional Surveyor, Ohio License Number 7664. It is based on an actual field survey and boundary resolution performed by Burgess & Niple in June 2008 under the direction of Walter A. Dodson, Professional Surveyor, Ohio License Number 6446. Basis of Bearings are taken from the Record Plat of "THE WOODS OF INDIAN RUN" as recorded in Plat Book 76, Page 9 of the Recorders office of Franklin County, Ohio, using the West line of Lot 25 with a bearing of South 24' 38' 14" East. O F Oy .,,, ` MLLIAM C. _ LEROY --pp' 7664 llll lli 41111111111 11 \ \ \ \ \\ Burgess and Niple, Inc. William C. LeRoy PS Date Ohio Reg. No. 7664 EXCLUSIVE 30' WIDE 8 -INCH WATERMAIN EASEMENT O � � s G � Z D CITY OF DUBLIN I AU THE �(V0�0 S OF INDIAN RUN I 7 6 P G p � I — — LOT 24 � ± 0' P O I i I I I 1 i i s cp, LOT 26 Q t� - Proposed Exclusive` Ex 20, W °Ikw °Y M \ \ \ 30' Wide 8- Inch -- -- �� Wotermoin Eosement \ CHARLES E. RICHARDSON \\�� 0 50' 100' and KAREN S. RICHARDSON 5150 FOREST RUN DR \ O 273 - 006011 G Inst. #200804140056531 A CA LOT 25 (1.741 Ac. Colc) - C ) - - -- Ex. 10' U. Esmt. �- - _ - - - - - - - - - - - - - - - J 'L - - - - - - - - - - - - - - - - - s 'SF - f� \QF L3 0 1 P.O.B Ex. 25' Wolkwoy Esmt.�� >�F�� THE BOARD OF EDUCATION Q0 0^ 1 DUBLIN LOCAL SCHOOL DISTRICT s O 0 g / �G 273 - 007483 \Oy, 90Sr0 O.R. 29651 H02 O 4.569 Acres DETAIL " O This description wos prepored by Williom C. LeRoy, Professionol Surveyor, Ohio License Number 7664. It is bosed on on octuol field survey and gplllllb►gry boundory resolution performed by Burgess & Niple in June 2008 under E OF the direction of Wolter A. Dodson, Professionol Surveyor, Ohio License �► Number 6446. Bosis of Beorings ore token from the Record Plot of �' WILLIAM "THE WOODS OF INDIAN RUN" os recorded in Plot Book 76, Poge 9 off C the Recorders office of Fronklin County, Ohio, using the West line of =' LEROY Lot 25 with o beoring of South 24' 38' 14" Eost. _ 7664 ---------- - - - - -- ---------------------- Williom C. LeRoy, PS 7664 Ohio SEE DETAIL "A" THE BOARD OF EDUCATION DUBLIN LOCAL SCHOOL DISTRICT 273- 007483 f EXHIBIT "B" CHARLES E. RICHARDSON and KAREN S. RICHARDSON 5150 FOREST RUN DR 273 - 006011 ? T / CITY OF DUBLIN 0, \ 273- 010206 <\�Oy�G \ PA 1 CARDINAL HEALTH, INC. 5075 Emerald Pkwy 273- 008210 Inst. #199708070065980 31.534 Acres LOCATION MAP LINE DATA TABLE LINE # BEARING LENGTH L1 N 24'38'14" W 190.00' L2 S 24'38'14" E 213.81' L3 N 89'54'50" W 33.03' CARDINAL HEALTH, INC. 4775 Emerald Pkwy 273- 008203 Inst. #199706190027380 I ___________ 30.197 Acres CURVE DATA TABLE C# 0 L R C CB Cl 36'52'12" 32.18' 50.00' 31.62' N 46'55'40" E 500' Burgess & Niple 5085 Reed Road, Columbus, Ohio 43220 (614) 459 -2050 Survey for: CITY OF DUBLIN CHARLES E. RICHARDSON III KAREN S. RICHARDSON 5150 FOREST RUN DR Dwq: W Ch WCL 1 11-03-11 Scale: SHOWN Sht: 1 1 1 PR44887 25 CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN, ENGINEERING 5800 Shier—Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)410 -4699 #5162 0 r -P #5157 EX R�w #5151 /L I - -- -- - p EMERALD PARKWAY IMPROVEMENTS 5150 FOREST RUN DRIVE DUBLIN, OH 43016 #5156 PROPOSED PERMANENT EAS MENT - 0.138 Ac. 1 r. #5150 c 6 • P/L DRAWN CHECKED I DATE: JOB N0. I 1"-w MSS — 1 12 -6 -2011 07- 007 —CIP 2• w