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Home My WebLink About21-08 ResolutionRECORD OF RESOLUTIONS 1 ~I ~J 21-os Resolution No. Passed 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.009 ACRE, MORE OR LESS, BIKEPATH EASEMENT, AND A 0.033 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM DEBORAH A. DEBOER, AND HER UNKNOWN SUCCESSORS, TRANSFEREES AND ASSIGNS, LOCATED AT THE 6333 POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin ("City") is preparing to improve Avery-Muirfield Drive and Post Road in Franklin County; and WHEREAS, in conjunction with the stated road improvement, the City is reconstructing a bikepath along Post Road; and WHEREAS, said improvement will require the City to obtain a bikepath easement and temporary construction easement in and to the premises described in the attached Exhibit "A" and "B" located in the City of Dublin, Franklin County, Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~~ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of improving Avery-Muirfield Drive and Post Road and installation of a bikepath in Franklin County, a bikepath easement and temporary construction easement in and to the premises located in the City of Dublin, Franklin County, Ohio, and more fully described in the legal description attached hereto as Exhibit "A" and «B„ 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 above-described property. 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 provided by law. Passed this day of Q , 2008. -Presiding Officer f~ ATTEST: Clerk of Council ~SCHOTTENSTEIN ZOX~`DUNN, .. ~~IE ~IQRA 1VD UlYI TO: Dublin City Council Jane S. Brautigam Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Plvlip K. Hartmaiui, Assistant Law Director DATE: Apii13, 2448 RE: Resolution 21-48 - Intent to Appropriate -Deboer Property, 6333 Post Road Property (Avery Muirfield Drive and Post Road Project} PROJECT BACKGROUND: The City is undertaking a road improvement project on Avery Muirfield Drive and Post Road. The project is a modern two-lane roundabout at the intersection of Avery Muirfield Drive and Post Road. In conjunction with the installation of the roundabout, the City will be reconstructing a bikepath along Post Road. Traffic will be maintained on Avery Nluirfield Drive during the construction, vThich is scheduled for June 2448. This project requires the acquisition of a "partial take" (the purchase of a portion of the parcel for right-of--way} from multiple property ovmers on either Avery Muirfield Drive or Post Road. This memorandum discusses the partial take from Deborah A. Deboer located at 6333 Post Road - a 4.449 acre, more or less, bikepath easement and a 4.433 acre, more or less, temporary easement. This is the only property in which a bikepath easement is needed. There are additional resolutions before Council concerning other property involved in this project. The remaining property ovv~iers are the following: 6845 Avery Muirfield Drive, LLC.; Avery Shops, LLC.; Central Ohio Property Management, LLC.; S~iR Properties of Columbus, LLC.; and Williams Development Ltd. ACQUISITION DETAILS: The Law Department engaged an appraiser to complete valuation reports in regards to the acquisition. Additionally, the Law Department engaged M/E Company (Mr. James Howard) to negotiate the acquisitions with the landowners. When the appraisal is complete, negotiations will begin. If agreements can be reached, then the Law Department will prepare ordinances authorizing the City Manager to enter into real estate purchase contracts with the landowners. If agreements cannot be reached, the Law Department will proceed Frith preparing ordinances for presentation to Council regarding litigation. RECONIIIIENDATION: The Law Department and the Division of Engineering recommend approval of Resolution No. 21-48. EXHIBIT A Page 1 of 1 PARCEL DEBORAH A. DEBOER 16-BP Post Rd Version Date 03-17-08 CITY OF DUBLIN BIKE PATH EASEMENT FROM DEBORAH A. DEBOER Situated in the City of Dublin, County of Franklin, State of Ohio, and being part of V.M.S. 2999 and being a part of Lot 1 in Dublin Glen as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 80, Page 85, of the Franklin County Recorder's Office. Beginning, for reference, at an iron pin found at the northwest corner of said Lot 1 in Dublin Glen as recorded in Plat Book 80, Page 85, also being a point in the east line of a 0.398 acre tract of land conveyed to the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of the Franklin County Recorder's Office; Thence S 04°38'56"E a distance of 10.02 feet along the west line of said Dublin Glen, same being the east line of said 0.398 acre tract as conveyed to the City of Dublin for Post Road right- of-way to the TRUE POINT OF BEGINNING; Thence N 88°54'45"E a distance of 40.73 feet across the Grantor's lands along a line 10 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to a point; Thence S O1 °05' 15"E a distance of 10.00 feet across the Grantor's lands to a point, said point being 20.00 feet south of as measured by right angle from the south right-of--way line of Post Road; Thence S 88°54'45"W a distance of 40.10 feet across the Grantor's lands along a line 20 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to a 3/4"i.d. iron pin found with cap stamped C. Turner PS 6702 at the southeast corner of said 0.398 acre tract of land conveyed to the City of Dublin for Post Road right-of--way, being also the northeast corner of a 2.290 acre tract of land owned by Williams Development Ltd, as described in Instrument 199812100319073, of the Franklin County Recorder's Office, and being also a point in the west line of Lot 1 in Dublin Glen as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 80, Page 85, of the Franklin County Recorder's Office; Thence N 04°38'56"W a distance of 10.02 feet along the east line of said 0.398 acre tract of land conveyed to the City of Dublin for Post Road right-of--way and the west line of Lot 1 in said Dublin Glen to TRUE POINT OF BEGINNING. The above described area contains 404 Square Feet (0.009 Acres) within the Franklin County Auditor's Parcel Number 273-007064. A drawing of this description is attached hereto and made apart hereof. Grantor claims title by Instrument 200707030115881, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple". This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in July, 2006, through March, 2007, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only, with the centerline of Post Road being held as N88°54'45"E as shown. •.~P ,....... , Off'"" .• ~~wA«e~ ~ "" ~ /, Q~ ~, ? DOOSON ~ _ Walter A. Dodson, P.S. 6446, Ohio ~; ~ F ~S ~ °~ Burgess & Niple, Inc. CITY OF DUBLIN V.M.S 2999, FRANKLIN COUNTY, OHIO BIKE PATH EASEMENT 0.009 Acres (404 S.F.) N88'54'45"E r 40.73' o zs' so' ~~~~ P_O ST_ ROAD ,e~ _ ---- -~----- P - -- Cify Of Dub/in ~ , 0..98 acre f~ocl 504'38 56"E /nsf. ,199910060251207 10'02 I ----------------- ------ - 20" Ufi%ify Easement _ ___________ P.O.B R/W R/W N04'38'56"W 10.02' 3~4"i.d. iron pin found wi h cap stomped C. Turner PS 6702 WILLIAMS DEVELOPMENT, LTD 2.290 ACRES INST. X199812100319073 LEGEND O Monument Found OgRSRailroad Spike Found O Iron Pin Found ~~q 5/8" x 30" rebor set with s plastic I.D. cap: "DODSON 6446" ( ) parenthesis indicates record dimension if different than measured. P.0.8 -Point Of Beginning P.O.C -Point Of Commencement O O o~ N W _~ V88'S4'45" (Basis of Bearing) P.0.6 ~-------------- TEMP ESM'T ~Ex 10" Bike Easement S01'05' 15"E EX 20" Uti%fy Easement \Q~ /W 10.00' /W I N~$~45~~E I -- ----~---- S88' 4'45"W 69.33' ___~___- %0~,4 .10 S88'S4'45'NV No I ~----- 34.33' I ~JI I ~ l 588'54'45"W ~ I o o l I ~': I 74.48' o o I o~ I II TEMP. ESM'T o o I m a i 0.033 Acres '~' i I I U'. ~----- ---J ~ I fTl o ', DEBORAH A. DEBOER ~', 6333 POST RD I ~ I PID: 273-007064 LoT 2 ~' Ilrst. #2007070301 15881 I II LOT 1 I I DUBLIN GLEN I I PLAT BOOK 80 PAGE 85 I I I 10 " Uti%ity Easement _ _ I I I I I I do hereby certify that this plat was based upon actual surve~q ~f,.••"""••. Oy ;"I the premises performed in July, 2006, through March, 2007, an~ ~ • ~A«R •, ~ upon available public records. Bearings used in this description~$re ~ '•, ~~ '_ based on Ohio State Plane Coordinates, SouthZone, NAD1983: (19;86 DORSON _- adjustment), and are for the determination of angles only, wOtf~ t ~ ~i'-46 :~ ,F centerline of Post Road being held as N88'54'45'~E os shown?, ~,•,• ~, (~ ~~''-~~-~C_~ ova-.-=-~.~ 7 E ° Walter Allen Dodson PS 6446, Ohio ~~"'~~~~~~~~"''' ,, EXHIBIT B Page 1 of 2 PARCEL DEBORAH A. DEBOER 16-T Post Rd Version Date 03-17-05 CITY OF DUBLIN TEMPORARY EASEMENT FROM DEBORAH A. DEBOER Situated in the City of Dublin, County of Franklin, State of Ohio, and being part of V.M.S. 2999 and being a part of Lot 1 in Dublin Glen as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 80, Page 85, of the Franklin County Recorder's Office. Beginning, for reference, at an iron pin found at the northwest corner of said Lot 1 in Dublin Glen as recorded in Plat Book 80, Page 85, also being a point in the east line of a 0.398 acre tract of land conveyed to the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of the Franklin County Recorder's Office; Thence S 04°38'56"E a distance of 10.02 feet along the west line of said Dublin Glen, same being a point in the east line of said 0.398 acre tract as conveyed to the City of Dublin for Post Road right-of--way; Thence N 88°54'45"E a distance of 40.73 feet across the Grantor's lands along a line 10 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to the TRUE POINT OF BEGINNING; Thence continue N 88°54'45"E a distance of 69.33 feet across the Grantor's lands along a line 10 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to a point; Thence S O1°05'15"E a distance of 10.00 feet across the Grantor's lands to a point, said point being 20.00 feet south of as measured by right angle from the south right-of--way line of Post Road; Thence S 88°54'45"W a distance of 34.33 feet across the Grantor's lands along a new line 20 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to a point; Thence S O1°05'15"E a distance of 10.00 feet across the Grantor's lands to a point, said point being 30.00 feet south of as measured by right angle from the south right-of--way line of Post Road; Thence S 88°54'45"W a distance of 74.48 feet across the Grantor's lands along a new line 30 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to a point in the east boundary line of a 2.290 acre tract of land owned by Williams Development Ltd, as described in Instrument 199812100319073, of the Franklin County Recorder's Office, and being also a point in the west line of Lot 1 in Dublin Glen as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 80, Page 85, of the Franklin County Recorder's Office; Thence N 04°38'56"W a distance of 10.02 feet along the west line of Lot 1 in said Dublin Glen and east line of said 2.290 acre tract of land conveyed to Williams Development Ltd to an iron pin found in the northwest corner of said Williams Development Ltd; Thence N 88°54'45"E a distance of 40.10 feet across the Grantor's lands along a new line 20 feet south of as measured by right angle and parallel with the south right-of--way line of Post Road to a point; Thence N O1°05'15"W a distance of 10.00 feet to the TRUE POINT OF BEGINNING. The above described area contains 0.033 Acres within the Franklin County Auditor's Parcel Number 273-007064. A drawing of this description is attached hereto and made a part hereof. F.XTTTRTT R Page 2 of 2 PARCEL DEBORAH A. DEBOER 16-T Post Rd Version Date 03-17-08 Grantor claims title by Instrument 200707030115881, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple". This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in July, 2006, through March, 2007, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only, with the centerline of Post Road being held as N88°54'45"E as shown. ~~~ C `~~ .,~~ ...... •. ~ '.YYaITEB ~ ~"',; Walter A. Dodson, P.S. 6446, hio `' A o ' Burgess & Niple, Inc. F 644 ~ s'.. ~ 6.~~, . :~, G•.. , . .• ~ .a .,~~ CITY OF DUBLIN V.M.S 2999, FRANKLIN COUNTY, OHIO BIKE PATH EASEMENT 0.009 Acres (404 S.F.) ~~~~ POST_RO_AD ,Q~ ---- -~----- P.O.C Cify Of Oub/in -/ S04'38'S6"E 0..98 oc~e fiocf /nsf. #199910060252207 10.02' I ; ----------------- ------ - 20" U_fi%ify Eosemenf _ ___________ - - P.0.8 R/W R%W N04'38'S6"W 10.02' 3/4"i.d. iron pm found with cap stamped C. Turner PS 6702 WILLIAMS DEVELOPMENT, LTD 2.290 ACRES INST. #199812100319073 LEGEND O Monument Found ORRSRailroad Spike Found O Iron Pin Found ~%0 5/8" x 30" rebar set with s plastic I.D. cap: "DODSON 6446" ( ) parenthesis indicates record dimension if different than measured. P.o.B -Point Of Beginning P.o.C -Point Of Commencement O O o? N W _~ rn N88'54'45"E o zs' so' 40.73' N88'S4'45" (Basis of Bearing) r .V.V TEMP ESM'T Ex 10" Bike Eosemenf S01'05' 15"E ~EX 20" Ufi/ify Easement ~ 10.00' I N88'S,-4 4~E~ I ---I---- -- - I 588' 4'45"W 69.33' -- - - ---J---- 401.10 588'54'45' N I ~~------ 34.33' I ~°I I ~. I S88'54'45"W I o o l I ~': I 74.48' -• N I oo ~ j 0o I I II TEMP. ESM'T o o I ~ I 0.033 Acres ~~= i I I u; L--- ---J ~ I r*i a ', DEBORAH A. DEBOER 4-' ', 6333 POST RD I ~ I PID: 273-007064 Lor 2 ~ I Inst. #2007070301 15881 1 II LOT 1 I I DUBLI~J GLEN I 1 PLAT BOOK 80 PAGE 85 I I I 10 " Ufi%ify Eosemenf - - - - --F~--- - - I I I I I ,•~'' ,~` I do hereby certify that this plat was based upon actual su~.b~s~.~OfwA~~p /~ ~: the premises performed in July, 2006, through March, 2007; end upon available public records. Bearings used in this description :are A• based on Ohio State Plane Coordinates, SouthZone, NAD198si~1•.986DODSON adjustment), and are for the determination of angles only, with :~Q o " centerline of Post Road being held as N88'S4'45"E as show~~ ~+ •.,~' ~`~,: Q ;~ ~-17 ~ '~v Wolter Allen Dodson PS 6446, Ohio