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Home My WebLink About01-08 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 01-08 Ordinar2ce No. Passed . 20 AUTHORIZING THE PURCHASE OF A PERMANENT EASEMENT IN A 0.187 ACRE TRACT, MORE OR LESS, AND TWO TEMPORARY CONSTRUCTION EASEMENTS IN A 0.155 ACRE TRACT, MORE OR LESS, LOCATED ON SHAMROCK BOULEVARD, FROM CONTINENTAL SAWMILL LP AKA DDR CONTINENTAL, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin ("City") has extended Shamrock Boulevard in conjunction with completing a realignment of Village Parkway to improve traffic related circulation; and WHEREAS, the City obtained a Right of Entry for the Continental Sawmill LP property located on Shamrock Boulevard allowing the City and its agents or contractors access to the land owned by Continental Sawmill LP during construction of the improvement; and WHEREAS, in order to complete the needed acquisition, the improvement requires the City to obtain a permanent easement consisting of 0.187 acres, more or less, and two temporary construction easements consisting of combined 0.155 acres, more or less, in and to the premises depicted on the attached Exhibits "A", "B" and "C", located in the City of Dublin, Franklin County, Ohio. WHEREAS, the City desires to enter into an agreement for the purchase of the 0.187 acre, more or less, permanent easement and a combined 0.155 acre, more or less, temporary construction easements in and to the premises located in the City of Dublin, Franklin County, Ohio for the extension of Shamrock Boulevard and realignment of Village Parkway for $30,375.00. NOW THEREF RE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurrin that: g Section 1. The City Manager is hereby authorized to execute any necessary conve ance documents related to the ac uisition of the 0.187 acre more or less Y q , permanent easement and a combined 0.155 acre, more or less, temporary construction easements and paying any related costs. I 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 the prompt improvement to Shamrock Boulevard and Village Parkway was necessary to progress traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this Ordinance shall go into immediate effect. Passed this ~~ day of , 2008. Mayor -Presiding Officer ATTEST: ~ ,^~~~~~ Clerk of Council ~SCHOTTENSTEIN ZOX;~DUNN. , 11ER10RA1bD U1I7 TO: Dublin City Council Jane S. Brautigam FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Stephen J. Smith, Law Director DATE: December 21, 2007 RE: Ordinance 01-08 -Land Purchase -Continental Sawmill LP aka DDR Continental Property (Shamrock Boulevard Extension) PROJECT BACKGROUND; This project required the al3propriation of right-of-way, utilit}~ easements and temporary construction easements from seven (?) property owmers (Columbus Southern Power Company, Continental Saw•rnill LP ("Continental"), Core Village Connnons, Lowe's Home Centers, Inc., Shamrock Crossings LLC, Charles W. blamerlEdGVard E. Belz, and «tendy's International, Inc.) for the extension of Shamrock Boulevard arld the realignment of Village Parkway. The above property owmers either executed the necessary documents to complete the needed acquisitions or a. Right of Entry pernutting the City and its agents;'contractors onto the property for construction of the project. The Ordinance before Council completes the acgrrisition of a permanent easement and t4vo construction easements for DDR Continental. The project is complete. PROPOSED LEGISLATION: This project requires the acquisition of a 0.187 acre, more or less, permanent easement and combined 0.155 acre, more or less, temporary construction easements. ACQUISITION DETAILS: Since 2006, the Law Department has been engaged in discussions w2th the landowner regarding the acquisition. The Law Department engaged M/E Company (NIr. Chris Howard) to negotiate the needed acgrrisition w2th Continental. Mr. Howard presented an offer to Continental for compensation in the amount of Thirty Thousand Three Hundred Seventy Five Dollars and No Cents ($30,375.00) as determined by the City's appraiser. Continental has accepted this offer. The Law Department has prepared this ordinance authorizing the City Manager to execute any necessazy conveyance docuuments related to the acquisition the easements. RECOMII~IENDATION: The Law Department and the Division of Engineering recommend approval of Orcnance 01-08. EXHIBIT PARCEL 4-PE DESCRIPTION of a 0.187 acres Permanent Easement Being a 0.19 acres parcel of land located in the City of Dublin, County of Franklin, State of Ohio, being a part of a 2.868 acres parcel in Quarter Township 2, Township 2 North, Range 19 West, united States Military Land, conveyed to Continental Sawmill Limited Partnership, in Official Record 28646A14, this and all further references being to the records of the Franklin County Recorder's Office, said 0.187 acres permanent easement Parcel 4-PE being more particularly described as follows; BEGINNING FOR REFERENCE at an iron pin called and found at the southwesterly corner of the above described 2.868 acres parcel, said iron pin also being the northwesterly corner of the City of Dublin 1.596 acres, of record in Instrument Number 199708290081797, the northeasterly corner of the Charles W. Warner, Jr., and Edward E. Belz 6.000 acres, of record in Deed Book 2984, Page 608, and the southwesterly corner of Core Village Commons 26.278 acres, of record in Instrument Number 200401290020609; thence, South 86° 30' 22" East, with the grantor's southerly line and the City of Dublin northerly line, a distance of 207.72 feet to the TRUE POINT OF BEGINNING of the permanent easement being described; thence, North 60° 30' 10" East, crossing the grantor's lands, a distance of 54.06 feet to a point; thence, South 89° 10' 32" East, continuing across the grantor's lands, a distance of 178.71 feet to a point; thence, North 75° 53' S9" East, continuing across the grantor's lands, a distance of 37.07 feet to a point in the grantor's easterly line and the westerly right of way line on Village Parkway; thence, South 06° 03' S9" West, with the grantor's easterly line, a distance of 49.01 feet to the grantor's southeasterly corner, being the northeasterly corner of the said City of Dublin 1.596 acres; thence, North 86° 30' 22" West, with the grantor's southerly line and the city of Dublin northerly line, a distance of 256.99 feet to the TRUE POINT OF BEGINNING of the permanent easement Parcel 4-PE being described. The easement, as described above, contains 0.187 acres, more or less, subject to all legal highway and other easements of record, including sanitary sewer easements and an easement for a warning siren totaling 0.053 acres, more or less. The bearings in the above description are based on NAD83 (1986) datum. Calls for iron pins set will be set upon completion of construction by an Ohio Registered Surveyor in compliance with the Ohio Revised Code. A drawing of this description is attached hereto and made a part thereof. ~g~~~YNSpi~;llf i~~~~d ~i. \` dd O 'C AA l// ` i Roge " .Smith ~ Rt'" "'~ ° P.S., .E. - .~.'~:.~~~ii ~e ° Ohio Registered Surveyor 5-6899 ~~~~~ _ s~ "~ r',, , ~.~ o. :: '. ~. _. '~. "; ~ _ J:\ 14573147\C IV I L\SURV EY\DESCRIPTICNSA W-PE.doc 3/10/2005 2:46 PM Page 1 of 2 ~~ ~ W N CV o N o^ :~ o ~ CV (~ City of Dublin Instr:1997 82900 1797 PARCEL 4~PE Qtrtwp 2, T2N, R19W U.S.Military Lands City of Dublin Franklin County, Ohio Part of lands of CONTINENTAL SAWMILL LP 2.838 AC. in Beginning O.R. 28646A14 Reference Core Village Commons, LLC Point Instr: 200401290020609 ~ 26.278 Ac. Continental Sawmill LP O.R. 28646A14 2.868 Ac. True Point of Beginning ~~ J 10 FEET ~E ^ANF 2 D 3 Z7 O 0 ~, D Z7 10 FEET SANTARI' s~ EASFIOIT FEET ~ SAIfiARY SElR FASE1p~T ~FET ~E SAI'RNIY g~ EASEIDIT X6'03'59"yy ~ r. I r 7~ ~ O D A ~"' D Chelsea RP LTD n ~ ; ~ ~ O R 28645J10 , ~ a ~ . . 1.833 Ac. ,~ . o ~ o ;- ~ ,~ GRAPHIC SCALE ~ ~ o i . ~ 60 0 30 60 .-t ~ ( IN FEET ) N75'53' 9" 1 inch = 60 ft. 37.0 Area occupied by 4g 01~; other easements ROGER/M. SMITF9 - ~ "~' ;~ , P.S., E. = :f e .;..,:":~ -; OHIO REGISTERED SU VEYORy ~ F-,_y~ d S-6899 ~ . PROJECT DUBLIN SHAMROCK BOULEV~ '~,~±`~~ "r' . ~ ~^•'~ ,~;'' JOB NO. 1457314 ,._ ~.,.~ SUBJECT CONTINENTAL SAWMILL LP PARCEL~~~~QE`"' DATE 10 MAR 05 BY RMS CHECKED JAM PAGE N0. 2 OF 2 M~~ P o~~,~oy URS ARCHITECTS • ENGINEERS • PLANNERS EXHIBIT PARCEL 4-T DESCRIPTION of a 0.135 acres Temporary Easement Being a 0.135 acres parcel of land located in the City of Dublin, County of Franklin, State of Ohio, being a part of a 2.868 acres parcel in Quarter Township 2, Township 2 North, Range 19 West, united States Military Land, conveyed to Continental Sawmill Limited Partnership, in Official Record 28646A14, this and all further references being to the records of the Franklin County Recorder's Office, said 0.135 acres temporary easement Parcel 4-T being more particularly described as follows; BEGINNING FOR REFERENCE at an iron pin called and found at the southwesterly corner of the above described 2.868 acres parcel, said iron pin also being the northwesterly corner of the City of Dublin 1.596 acres, of record in Instrument Number 199708290081797, the northeasterly corner of the Charles W. Warner, Jr., and Edward E. Belz 6.000 acres, of record in Deed Book 2984, Page 608, and the southwesterly corner of Core Village Commons 26.278 acres, of record in Instrument Number 200401290020609; thence, South 86° 30' 22" East, with the grantor's southerly line and the City of Dublin northerly line, a distance of 180.50 feet to the TRUE POINT OF BEGINNING of the temporary easement being described; thence, North 59° 52' S1" East, crossing the grantor's lands, a distance of 94.31 feet to a point; thence, South 89° 36' 12" East, crossing the grantor's lands, a distance of 208.83 feet to a point in the grantor's easterly line and the City of Dublin right of way line; thence, South 06° 03' S9" West, with the grantor's easterly line and the said right of way line, a distance of 14.54 feet to a point; thence, South 75° 53' S9" West, again crossing the grantor's land with the northerly line of a permanent easement, a distance of 37.07 feet to a point; thence, North 89° 10' 32" West, continuing across the grantor's lands with the said permanent easement line, a distance of 178.71 feet to a point; thence, South 60° 30' 10" West, continuing across the grantor's lands with the said permanent easement line, a distance of 54.06 feet to a point in the grantor's southerly line and the said City of Dublin 1.596 acres northerly line; thence, North 86° 30' 22" West, with the grantor's southerly line and the City of Dublin northerly line, a distance of 27.22 feet to the TRUE POINT OF BEGINNING. The temporary easement, Parcel 4-T, as described above, contains 0.135 acres, more or less, subject to all legal highway and other easements of record, including sanitary sewer easements, which occupy 0.013 acres, more or less. The bearings in the above description are based on NAD83 (1986) datum. Calls for iron pins set will be set upon completion of construction by an Ohio Registered Surveyor in compliance with the Ohio Revised Code. A drawing of this description is attached hereto and made a part thereof. 044444ffu f!!l~BtO' .4 C" y •~ i . tit f fU. ~ r i oo o•e t ~~~ ~ e / _ _ GJ a• • ~ ~ e h7 /n~ a 1"1 l~ ~ ~ t ! 1. • ~ e i • o ~'~~~:H • ~- ---.. a ~' R ith S ' • a = oger . m P P E S • e _ G(^nn e ~ CG.; `J o y: < • <~~ ~: . ., . . ~ e•,gF,^ r ,, ~~ r ; ' ` ` Ohio Registered Surveyor S-6899 a, ,`,= ~., ~.~ '~, s ~: " ~ ` ~- Oj l I -. • ~~ (J ~ y~ ~ \ ~ `4i 1494 ,,~! !//1!/tom /1 J:\14573147\CIV IL\SURV EY\DESCRIPT\CNSAW-T.doc 3/11/2005 8:52 AM Page 1 of 2 ` PARCEL 4^T \ Qtrtwp• 2, T2N, R19W U.S.Military Lands City of Dublin Franklin County, Ohio ~ ~ Part of lands of ~ CONTINENTAL SAWMILL LP ~ ~ 2.838 AC. in ' O.R. 28646A14 ~ Beginning '~ Reference Core Village Commons, LLC Point Instr: 200401290020609 ~ 26.278 Ac. D 0 o Continental Sawmill LP o s N O.R. 28646A14 m 2.868 Ac. City of Dublin True Point Instr:1997 82900 1797 of Beginning Z~ ~~ .~ O_ V N ~~ ~• tarn o s S ?~! 60'30'1 "W F 54.0 ' ~.so ~Er woe sNarwrr g~ex ear . zso per woe swT~ny ~ ~o woe ' ~ = D o -. o 3 .Z7 0 ~ ~I W ~ ~ Chelsea RP LTD Z o ~ ~ ~ ~ R. 28645J10 O o w ~ ~ ~ . 1.833 Ac. D ~ N ° ° ~ ~ ~ GRAPHIC SCALE ~ ~, m 00 ~ ~''_ ~ so 0 3o so m ~ ~ ~o ~ ( IN FEET ) '° ~r ~"~ sewn e~~orr 1 inch = 60 ft. S75'S '59"W Area occupied by '~~' ~~ other easements ~ ~ ~,~~~ ~= '•. ~~,~ ~ ~ ~ ~ G:0 ~ ~' ~. ~ r . ~ ` ~~'~ °° 14 5°4°; - , . o ' s 1t f Du~1in~ ~{• a '~ - • ~ vaa~ M ROGE S T ~~ ~ P.S., P,E. ~ ~ o , ~ ' °°• ~~ ' .OHIO EGISTERED SU VEYOR : ^,eTe `..' % ° ~ ~ . ~ 5-6899 ~ . 4 '~ ,;,. ~I~ ' ~ 1 i- 4. ~ p~ m ~~.~~~. PROJECT DUBLIN SHAMROCK BOULEVARD JOB NO. 14573147 SUBJECT CONTINENTAL SAWMILL LP PARCEL 4-T DATE 10 MAR 05 uRs BY RMS CHECKED JAM PAGE NO. 2 OF 2 ARCHITECTS • ENGINEERS • PLANNERS EXHIBIT PARCEL 9-T DESCRIPTION OF A 0.020 TEMPORARY EASEMENT Being a 0.020 acres parcel of land located in the Township of City of Dublin, County of Franklin, State of Ohio, being a part of 0.860 acres of land in Quarter Township 2, Township 2 North, Range 19 West, United States Military Lands, conveyed to Continental Sawmill, LP of record in Official Record 20549 B17, this and all references being to the records of the Franklin County Recorder's Office, said 0.020 acres temporary easement Parcel 9-T being more particularly described as follows: BEGINNING at the southeast corner of the Grantor's 0.860 parcel, said point being the southwesterly corner of the Huntington National Bank 1.231 acres parcel, of record in Official Record 12165 I08, and also being on the northerly right of way line of Village Parkway, the TRUE POINT OF BEGINNING of said Parcel 9-T being described herein; thence, northwesterly 41.85 feet with the northerly right of way line of Village Parkway on a curve to the right, whose radius is 279.63 feet, whose central angle is 8° 34' 27", and whose chord bears North 71 ° 25' 35" West, a distance of 41.81 feet, to a point; thence, North 03° 45' 02" East, leaving the said right of way line and crossing the grantor's lands, a distance of 15.19 feet to a point; thence, South 86° 14' S8" East, continuing across the grantor's lands, a distance of 40.41 feet to a point in the grantor's easterly property line, and the westerly line of the said Huntington National Bank 1.231 acres; thence, South 03° 45' 02" West, with the grantor's said easterly line and the said Huntington National Bank westerly line, a distance of 25.88 feet to the TRUE POINT OF BEGINNING. The parcel as described above contains 0.020 acres of land, more or less, subject to all legal highway and other easements of record. The bearings in the above description are based on NAD83 (1986) datum. A drawing of this description is attached hereto and made a part thereof. +~~n{!C9 : 3foa e J a e~ '. ~ / pn _ o r oe t a a Il l1 l''- Ap ~ . ,... ~ tii, ~ • e Sd~ s ~~~ R g M. Smith " * ` ° • m. P. ., P.E. z p ;~ • V~vJ ~ Ohio Registered Surveyor 5-6899%~~ '•9F~ ~Tr•.ir ~~' .; r.~a: nom/, ll.~ e ~ ~ ~ f, .:. ,ae < 'd,,! ~~•!!IR ~ s ',L~o J:\14573-47\CIVIL\SURVEY\DESCRIP7ISAW 9-T.doc 3/11/2005 10:49 AM Page 1 of 2 QUARTERTOWNSHIP 2, TOWNSHIP 2N, RANGE 19W, U.S. MILITARY LANDS City of Dublin, Franklin County, Ohio Being a part of CONTINENTAL SAWMILL, LP'S 0.860 Acres CONTINENTAL SAWMILL LP OFFICIAL RECORD: 20549617 0.860 ACRES S86'14'S8"E 40.41' N03'45'02"E _ l 5.19' ~, HUNTINGTON NATIONAL BANK OFFICIAL RECORD: 12165108 1.231 ACRES PARCEL 9-T 0.020 ACRES S03'45'02"W 25.88' True Point of Beginning I.P. I.P. VILLAGE PARKWAY R/W ~- L =41 .8 5' 0=8'34' 27" R=279.63' Ch. = 41 .81' ChBrg.=N71 '25'35"W ?`,~t,,~eetrr=~i4~P,,, ~.. , . ~'y ~,~ v n Vc~ • .e ~ pnnr~~ ;e o y • R.: ?1o- :~ :Ti. O A a e _ • A • 5iiil~i 1~ O ~ ~ • ~f • ~ GG:7~ i ~ ~; ~° ~~~''5:.~,~; ~~`°' GRAPHIC SCALE 60 0 30 60 ROGER S ITH P.S., ( IN FEET) OHIO REGISTERED SURVEYOR 1 inch = 60 ft. S-6899 PROJECT DUBLIN SHAMROCK BOULEVARD JOB N0. 74573147 SUBJECT CONTINENTAL SAWMIL, LP PARCEL 9-T DATE 11 MAR OS uR~ BY RMS CHECKED JAM PAGE N0. 2 OF 2 ARCHITECTS ENGINEERS PLANNERS