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Home My WebLink AboutResolution 21-12RECORD OF RESOLUTIONS Foam N.. 300x5 Resolution No. 21 -12 A RESOLUTION OF INTENT TO APPROPRIATE A 0.093 ACRES, MORE OR LESS, FEE SIMPLE INTEREST THAT IS PRESENT ROAD OCCUPIED PROPERTY FROM JASON R. HUFFMAN Passed 20 WHEREAS, the City of Dublin is preparing to construct a roundabout project at Cosgray Road and Shier -Rings Road; and WHEREAS, this roadway project will require the City of Dublin to obtain a fee simple interest that is present road occupied property from Jason R. Huffman, as described and depicted in the legal description attached hereto as Exhibit "A ", said property interest located in the City of Dublin, County of Franklin, State of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, --7— elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of constructing a roadway improvement project at Cosgray Road and Shier -Rings Road, a fee simple interest that is present road occupied property as described and depicted in the attached Exhibit A, from Jason R. Huffman. Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the property described in Exhibit A, and this notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this � day of Q 4Qi&Z= 12012. . w �n �i�: O fficer ATTEST: (?- ae' l� Clerk of Council ICE I L LERLLP LEGAL COUNSEL MEMORANDUM TO Dublin City Council Marsha I. Grigsby, City Manager Paul A. Hammersmith, P.E., Director of Engineering /City Engineer FROM Stephen J. Smith, Esq. Asim Z. Haque, Esq. DATE: April 5, 2012 RE: Resolution No. 21 -12 Cosgray Road/Shier -Rings Road Roundabout Project Jason R. Huffman PROJECT BACKGROUND The City of Dublin ( "City ") is preparing to construct a roundabout at the intersection of Cosgray and Shier -Rings Roads (the 'Project'). The City must obtain property interests from various landowners located within the City in order to construct this Project. One of the landowners that the City must obtain property from for the construction of the Project is Jason R. Huffman (the "Grantor "). After engaging in a lengthy period of negotiations with the Grantor, it appears that the City may need to appropriate the needed property from the Grantor in order to proceed with the project. The City is still hopeful that an amicable resolution can be reached with the Grantor, however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. IWKH»I.i 16's Fell .1 W-\»RMW N l7 101 The appropriation consists of the following property interests, as depicted in the map attached hereto: Franklin County Parcel No. 272-000233 3-WD (Present Road Occupied) 1 0,093 f acres $300 RECOMMENDATION: The Law Department recommends approval of Resolution No. 21 -12 as the improvement of the intersection of Cosgray Road and Sher -Rings Road is necessary for public safety and approval of the Resolution will keep the Project moving forward. EXHIBIT "A" 0.093 ACRE RIGHT -OF -WAY ACQUIRED FROM JASON R. HUFFMAN Situated in the State of Ohio, County of Franklin, Township of Washington, being located in Virginia Military Survey Numbers 6953, and being a part of that 1.00 acre tract described in a deed to Jason R. Huffman, of record in Instrument Number 199802270044542, all records referenced herein are on file at the Office of the Recorder for Franklin County, and being further bounded and described as follows; Commencing for reference at a concrete monument found in Franklin County monument box FCGS 5534, being at the intersection of the existing centerline of survey for Cosgray Road and the existing centerline of survey for Shier -Rings Road, being on a north line of V.M.S. numbers 14150 -14400 and the south line of V.M.S. number 6748, being the northwest comer of the 8 acre tract described in a deed to Stephen M. Kelly, Grantor and Trustee, or any Successor Trustee, of the Stephen M. Kelly Trust, dated March 19, 2001, of record in Instrument Number 200104180081163, and being the southwest corner of that 64.219 acre tract described in a deed to S.R. Associates, of record in Official Record 12935, page A01; Thence North 84 degrees 26 minutes 31 seconds East, along the centerline of survey for said Shier -Rings Road, along a north line of said V.M.S. number 14150 -14400 and said V.M.S. number 6953, along the south line of said V.M.S. number 6748, along the north line of said 8 acre tract, and along the southeast line of said 64.219 acre tract, a distance of 558.64 feet to a MAG nail set at the northeast corner of said 8 acre tract, being the northwest corner of said 1.00 acre tract, and said MAG nail set being the TRUE POINT OF BEGINNING for the herein described right -of -way parcel; Thence North 84 degrees 26 minutes 31 seconds East, continuing along the existing centerline of survey for said Shier -Rings Road, continuing along the a north line of said V.M.S. number 6353, continuing along the south line of said V.M.S. number 6748, continuing along the south line of said 64.219 acre tract, and along the north line of said 1.00 acre tract, a distance of 162.65 feet to a MAG nail set at the northeast corner of said 1.00 acre tract, being the northwest corner of that 4.033 acre tract described in a deed to Ima Moore, of record in Instrument Number 199811200299909 (reference Franklin County monument FCGS 5535 North 84 degrees 26 minutes 31 seconds East, a distance of 397.00 feet from said MAG nail set); Thence South 05 degrees 01 minute 43 seconds East, along the east line of said 1.00 acre tract, along the west line of said 4.033 acre tract, a distance of 25.00 feet to a point on the existing south right -of -way line for said Shier -Rings Road (reference a 1 inch iron pipe found North 26 degrees 10 minutes 07 seconds East at a distance of 0.15 feet); Thence South 84 degrees 26 minutes 31 seconds West, across said 1.00 acre tract, along the existing south right -of -way line for said Shier -Rings Road, a distance of 162.65 feet to an iron pin set on the west line of said 1.00 acre tract, being on the east line of said 8 acre tract; Thence North 05 degrees 01 minute 43 seconds West, along the west line of said 1.00 acre tract, along the east line of said 8 acre tract, a distance of 25.00 feet to the TRUE POINT OF BEGINNING for the herein described right -of -way parcel. The above described right -of -way parcel contains a total area of 0.093 acres (including 0.093 acres located within the present road occupied) leaving a net take of 0.000 acres within Franklin County Auditor's tax parcel number 272 - 000233. The bearings described herein are based on the bearing of North 84 degrees 26 minutes 31 seconds East for the existing centerline of survey for Shier -Rings Road, which is referenced to the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983 (1986 Adjustment), as established utilizing a GPS survey and a traditional field traverse originating from Franklin County Monument "FOGS 5536 ". Page 1 of 2 EXHIBIT "A" 0.093 ACRE RIGHT -OF -WAY Iron pins referenced as "set" are 5/8 inch diameter by 30 inch long rebar with yellow plastic caps stamped "ASI — PS8438" and will be set upon completion of construction activities. The above description of a right -of -way parcel was prepared and reviewed on May 8, 2011 by Brian P. Bingham, registered professional surveyor number 8438, is based on an actual field survey of the premises performed by American Structurepoint, Inc. in July 2009, complies with the "Minimum Standards for Boundary Surveys" described in O.R.C. chapter 4733 -37, and is true and correct to the best of my knowledge. OF m BRIAN P. BINGHAM . m :Q� A , 8430 ' 4 r S QNA a American Structurepoint, Inc. B rian P. Bin am Registered Professional Surveyor No. 8438 —IO� 5e\\�- o - O q n \j�- 0� L z -1 �> 2_ "33 DESCRIPTION VIIJUVf t{ [.) DAT11 - . .WIZA 2011 Date Page 2 of 2 PROD. NO: 200900614 EXHIBIT ''8° DRAWN 8 Y BPB O 0 .093 ACRES AMERICAN 2550 CORPORATE EXCHANGE DR, STE 300 ■ STRUCTUREPOINT TEL 614.901.2235 OH 43231 RIGHT -OF -WA Y 235 FAX 614.901.2236 ACQUIRED FROM CHECKED BY: JEM INC. wwwstrudurepointcom JASON R. HUFFMAN PAGE lOF I DUBLIN, OHIO SI TUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 6953. n O N `O �O m x cn c C n1 Ir I FCGS 5534 PID #274- 000660 S.R. ASSOCIA rES OFFICIAL RECORD VOLUME 12935, PAGE A01 64.219 ACRES FCGS 5535 11 iYof DU13LIN 150' R/W W10TH) S SHIER-R1NGS ROAD V M S 6748 WASHINGTON TWP 162,65' 695 L o �• N 84 26' V.M.S. 397.00' S 84'� - W - 162.65' PID #272- 000166 STEPHEN M. KELL Y, GRANTOR AND TRUSTEE, OR ANY SUCCESSOR TRUSTEE, OF THE STEPHEN M. KELLY TRUS T, DATED MARCH 19, 2001 INSTRUMENT NUMBER 200104180081163 8 ACRES O i" IRON PIPE W /NO CAP N 26° 10' 07" E, 0.15' FROM CORNER 10 I .P .S S . = IRON PIN SET OP .F . = IRON PIPE FOUND • M.N.S.= MAG NAIL SET F- V = MONUMENT BOX FOUND I.P. SET ARE %" DIA. IRON PIN 30" LONG WITH CAP INSCRIBED "ASI PS- 8438" R/W PARCEL AREA GROSS AREA = 0.093 AC. P.R.O. AREA = 0.093 AC. NET TAKE = 0.000 AC. N SCALE: 1" = 60' 0 30 60 120 N 05 01' 43" W 25.00' PID #272- 000233 JASON R. HUFFMAN INS TRUMEN T NUMBER 199802270044542 1.00 ACRE BASIS OF BEARING: .xl PID #272- 000292 IMA MOO,RE INS rRUMENT NUMBER 199811200299909 4.033 ACRES BEARINGS SHOWN HEREIN ARE BASED ON THE BEARING FOR THE CENTERLINE OF SHIER -RINGS ROAD (N 84 °26'31" E), WHICH IS REFERENCED TO THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE AND THE NORTH AMERICAN DATUM OF 1983 (1985 ADJUSTMENT), AS ESTABLISHED UTILIZING A CPS SURVEY AND A TRADITIONAL FIELD TRA VERSE ORIGINA TING ON FRANKL IN COUNT Y MONUMENT "FCGS 5536". I HEREBY CER TIFY THAT: THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN JUL Y 2009. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. BRIAN P. BINGIAI�?, P.S. NO. 8438 AMERICAN STRUCTUREPOINT, INC. EX. � SURVEY�� N 84° 26' 31" E 558.6 V.M.S. 14150 - k 1440 ------ DA TF r S 05 01' 43" E I 25.00' ` , ` Ittl 4f00 Df® N � 1 % of BRIAN R. BINGHAM 8438 p `mow 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 COSGRAY ROAD / SHIER -RINGS ROAD ROUNDABOUT 7065 SHIER —RINGS ROAD DUBLIN, OH 43016 z z A o H w � o 1Z #7026 En EK RI � R - RINGS ROAD - - - - -- CITY OF DUB L j�n � ..Rrw • - -- -- - - T 1, r • -- — — - -- — EX RIW ETAS JINGTON — EX RIW �j #7065 #7055 JASON R. HUFFMAN a EXISTING RIGHT -OF -WAY PRO AREA = 0.093 Ac. 7_ _' DRAWN CHECKED I DATE: JOB N0. I V- 1w MSS KBR 1 03 -28 -2012 09- 011 —CIP 1 2s W 100