The URL can be used to link to this page

Home My WebLink AboutOrdinance 33-12RECORD OF ORDINANCES Ordinance No. 33 -12 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 0.108 ACRES, MORE OR LESS, FEE SIMPLE INTEREST THAT IS PRESENT ROAD OCCUPIED PROPERTY FROM IMA MOORE. WHEREAS, the City of Dublin ( "City ") is preparing to construct a roundabout at the intersection of Cosgray and Shier -Rings Roads ( "Project'); and WHEREAS, said project requires that the City obtain certain property interests in Franklin County parcel no. 272- 000292, owned by Ima Moore ( "Moore "); and WHEREAS, the City and Moore participated in good faith discussions and 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 the City and Moore. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, - of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all documentation necessary to acquire an approximate 0.108 acres, more or less, fee simple interest that is present road occupied from Ima Moore, said property interest located within Franklin County Parcel No. 272- 000292, and as more fully set forth in the legal descriptions attached herewith. Section 2 . This ordinance shall take effect on the earliest date permitted under applicable law. Passed this _ day of 2012. Mayor - re iding Officer ATTEST: Clerk of Council ICE ILLERLLP LEGAL COUNSEL MEMORANDUM TO Dublin City Council Marsha I. Grigsby, City Manager ACRES Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM Stephen J. Smith, Law Director $300.00 Asim Z. Haque DATE: April 19, 2012 RE: Ordinance No. 33 -12 $300.00 Cosgray Road/Shier -Rings Road Roundabout Project Ima Moore Property -7055 Shier -Rings Road PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing to construct a roundabout at the intersection of Cosgray Road and Shier -Rings Road (the "Project'). The City must obtain property interests from various landowners located within the City in order to construct this project The City presented good faith offers to each of these landowners in accordance with the Ohio Revised Code. In order to construct this project, the City must obtain a fee simple interest from property owned by Ima Moore ( "Moore') at 7055 Shier -Rings Road that is present road occupied property. After engaging in amicable negotiations, the City has come to an agreement with Moore to acquire this property per the terms outlined in this memorandum. ACQUISITION INTRODUCTION: The City will be acquiring from Moore a fee simple interest that is present road occupied property as depicted in the map attached to this memorandum. The appraised value is one Dollar, and the City's offer was $300 based on the Ohio Department of Transportation's policy on Present Road Occupied. PROPERTYINTEREST ACQUIRING ACRES OFFER Fee Simple Interest 0.108 $300.00 resent Road Occupied TOTAL $300.00 ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance No. 33 -12 authorizes the City Manager to execute all necessary conveyance documentation to formally acquire a fee simple interest that is present road occupied property, as described above. Ordinance 33 -12 — Ima Moore April 19, 2012 Page 2 RECOMMENDATION: Staff recommends approval of Ordinance No. 33 -12 at the second reading /public hearing on May 7, 2012 as obtaining this property is necessary for the furtherance of the Cosgray Road /Shier -Rings Road roundabout construction project. EXHIBIT "A" 0.108 ACRE RIGHT -OF -WAY ACQUIRED FROM IMA MOORE 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 4.033 acre tract described in a deed to Ima Moore, of record in Instrument Number 199811200299909, 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 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 V.M.S. number 14150 -14400 and said V.M.S. number 6953, along the south line of said V.M.S. number 6748, and along the southeast line of said 64.219 acre tract, a distance of 721.29 feet to a MAG nail set at the northwest corner of said 4.033 acre tract, being the northeast corner of that 1.00 acre tract described in a deed to Jason R. Huffman, of record in Instrument Number 199802270044542, 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, along the north line of said 4.033 acre tract, a distance of 188.25 feet to a MAG nail set at the northeast corner of said 4.033 acre tract, being the northwest corner of that 3.000 acre tract described in a deed to Beatrice L. Brogan, of record in Instrument Number 200802260028751 (reference Franklin County monument FCGS 5535 North 84 degrees 26 minutes 31 seconds East, a distance of 208.75 feet from said MAG nail set); Thence South 05 degrees 01 minute 43 seconds East, along the east line of said 4.033 acre tract, along the west line of said 3.000 acre tract, a distance of 25.00 feet to an iron pin set on the existing south right -of -way line for said Shier -Rings Road; Thence South 84 degrees 26 minutes 31 seconds West, across said 4.033 acre tract, along the existing south right -of -way line for said Shier -Rings Road, a distance of 188.25 feet to a point on the west line of said 4.033 acre tract, being on the east line of said 1.00 acre tract (reference a 1 inch iron pipe found North 26 degrees 10 minutes 07 seconds East at a distance of 0.15 feet); Thence North 05 degrees 01 minute 43 seconds West, along the west line of said 4.033 acre tract, along the east line of said 1.00 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 0.108 acres (including 0.108 acres located within the present road occupied) leaving a net take of 0.000 acres within Franklin County Auditor's tax parcel number 272 - 000292. 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" 0.108 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. American Structurepoint, Inc. - 4�� - - Brian P. Bing am Registered Professional Surveyor No. 8438 U 0 5?1-'h U° lob.. oV-� o- L - )-1 - 2-) 2c-l'L D ESCRIPTION VEItI TW— DATIb`'^ � .t. 1 °l y�m��ia�e, 4s OF 0 BRIAN P. BINGHAM W 8438 ' O e° e i •,, )O1ppt00 111 2olr Date Page 2 of 2 PROD. NO: 200900614 ■ DRAWN BY: BPB 0 so AMERICAN 2550 CORPORATE EXCHANGE DR, STE 300 ®■ , OH 43231 STRUCTUREPOINT TEL 614.901.2235 CO FAX 614.901.2236 CHECKED BY: JEM INC. www.structurepoint.com PAGE IOF I S 05 01' 43" E 25.00' N 05 01' 43" W 25.00' SI TUA TED IN THE S TA TE OF OHIO, COUNT Y OF FRANKL IN, TOWNSHIP OF - WASHINGTON, L OCA TED IN VIRGINIA MILITARY SURVEY NUMBER 6953. n ip A \ 0 v x- .^.. V1 PID #274- 000660 S.R. ASSOCIATES OFFICIAL RECORD VOLUME 12935, PAGE A01 64.219 ACRES CI OF� DUBLI WASNIN� D N TWPS -RINGS EX. SURVEY �S N 84° 26' 31" E - 188.25' N 84° 26, 31" V.M.S. 14150- 721.29' 14400 � WIDTHI S 84° 26' 31" W - 188.25' i FCGS 5534 PID #272-000233 JASON R. HUFFMAN INSTRUMENT NUMBER 199802270044542 1.00 ACRE O 1" IRON PIPE W /NO CAP N 26° 10' 07" E, 0.15' FROM CORNER 0 I . P . S . = IRON PIN SET OP = IRON PIPE FOUND M.N.S.= MAG NAIL SET M = MONUMENT BOX FOUND I.P. SET ARE %" DIA. IRON PIN 30" LONG WITH CAP INSCRIBED "ASI PS- 8438" R/W PARCEL AREA GROSS AREA = 0.108 AC. P.R.O. AREA = 0.108 AC. NET TAKE = 0.000 AC. N SCALE: 1" = 60' 0 30 60 120 PID #272- 000292 IMA MOORE INSTRUMENT NUMBER 199811200299909 4.033 ACRES BASIS OF BEARING: EXHIBIT S " 0.108 ACRES RIGHT -OF -WA Y ACQUIRED FROM IMA MOORE DUBLIN, OHIO EX R� ROAD V. S. 67 48 r 6953 �' / V.M.S 208.75' x R /W -�" FCG5 5535 _j . PID #272 - 000291 BEATRICE L. BROGAN INSTRUMENT NUMBER 200802260028751 3.000 ACRES BEARINGS SHOWN HEREIN ARE BASED ON THE BEARING FOR THE CENTERLINE OF SHIER -RINGS ROAD (N 84 0 26'31" E), WHICH IS REFERENCED TO THE OHIO S TA TE PL ANE COOROINA TE SYSTEM, SOUTH ZONE AND THE NORTH AMERICAN DA TUM OF 1983 (1986 ADJUSTMENT), AS ESTABLISHED UTILIZING A GPS SURVEY AND A TRADITIONAL FIELD TRA VERSE ORIGINA TING ON FRANKL IN COUNTY MONUMENT 'FCGS 5536'. I HERFB Y CER TIF Y THA T: THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF PREMISES PERFORMED BY AMERICAN S TRUC TUREPOINT, INC. IN JULY 2009. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AMERICAN STRUCTUREPOINT, INC. , , p ppppA e p /B ias' OF r ft r • THE 4 BRIAN P. F BINGHAM J3 8438 ' a = r.A�� J Q QIST1 : s ��estS'S /ON AL..5\ • aDaafopooppp�� 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 7055 SHIER —RINGS ROAD DUBLIN, OH 43016 EX Rim CITY OF DU BLIN .... ............. jER -RINGS ROAD EX RIW - EX RIW #7065 a. EXISTING RIG T -OF -WAY PRO AREA = 0. 08 Ac. - #7055 #7025 IMA MOORE J n. WASHING � ITy OF DUB DRAWN CHECKED DATE: I JOB NO. MSS KBR 1 03 -28 -2012 09- 011 —CIP V- 1w 25 W 100'