The URL can be used to link to this page

Home My WebLink AboutResolution 04-13RECORD OF RESOLUTIONS Dayton Legal Blank. Inc.. Foon No. 30065 ,20 Resolution No. 04 -13 Passed A RESOLUTION OF INTENT TO APPROPRIATE A 0.155 ACRES, MORE OR LESS, STORM SEWER EASEMENT AT 7460 DUBLIN ROAD FROM MATTHEW C. WICKLINE WHEREAS, the City of Dublin is preparing to construct storm sewer improvements for Sheffield Place subdivision outlet into a Dublin Road culvert; and WHEREAS, this project will require the City of Dublin to obtain a permanent easement from Matthew C. Wickline (Property) 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, �/ _` of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose improving the public storm sewer system, a permanent easement as described and depicted in the attached Exhibit A. shall be served according to law. Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owner and persons in possession or having an interest of record in the property described in Exhibit A, and this notice Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this 'v L day of L4aLkr 2013. i IN or a OWN ATTEST: Clerk of Council CE M I L LERLWD 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, Law Director DATE: January 24, 2013 RE: Resolution 04 -13 - Intent to Appropriate a Storm Sewer Easement from Matthew Wickline PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing improve the storm sewer system that will drain the Sheffield Place Section 2 subdivision to Dublin Road (the "Project "). This Project is a portion of the improvements that were delineated in the 1999 Stormwater Master Plan in the Limerick Lane area. The City must obtain a property interest from Matthew C. Wickline located within the City in order to construct this Project. After engaging in a lengthy period of negotiations with the Grantor, it appears that the City may be forced to appropriate the needed property from the Grantor. 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. PROPERTY TO BE APPROPRIATED: The appropriation consists of the following property interests, as depicted in the map attached hereto: Franklin County Parcel No. 273 - 000880 Storm Sewer Easement 0.155 t acres Appraised Value 1 $7,325.00 RECOMMENDATION: Staff recommends approval of this Resolution as the project will provide an improvement to the drainage outlet of the Sheffield Place subdivision and is in accordance with the adopted Stormwater Master Plan. GRANT OF STORM SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS that MATTHEW C. WICKLINE, ( "Grantor "), whose tax mailing address is 7460 Dublin Road, Dublin Ohio 43017, for and in consideration of Dollars ($ .00) and other valuable considerations paid by the CITY OF DUBLIN, OHIO, an Ohio municipal corporation ( "Grantee "), receipt of which is hereby acknowledged, hereby grants to Grantee, its successors and assigns forever, a perpetual easement for a storm sewer line in, through, over and under that portion of the property located on 7460 Dublin Road, Dublin, Franklin County, Ohio, and known as Franklin County Auditors Tax Parcel ID Number 273- 008880 (the "Property"), such portion being legally described on Exhibit "A" and depicted on Exhibit 'B ", which exhibits are attached hereto and made a part hereof, together with the right to Grantee and its employees, agents, independent contractors, and successors and assigns, (i) of ingress and egress over the Property for access to the easement granted herein; (ii) to construct underground lines, conduits, valves, regulators and all other appurtenances (collectively "Facilities "); and (iii) to add to, operate, maintain, repair, replace, remove or relocate any Facilities. Grantee, as soon as practicable after construction of the Facilities, including but not limited to alterations and repairs thereto, shall cause the property of Grantor located within the easement area herein described to be restored to its former condition as nearly as is reasonably practicable. Grantor, its successors and assigns, hereby release Grantee from any further claims for compensation or claims for damages resulting from this grant, except that Grantee shall not be released from liability for damage caused by its gross negligence or that of its employees, agents or contractors. The agreements in this Grant of Storm Sewer Easement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of Grantor and Grantee. fm 91011 IN WITNESS WHEREOF, Grantor, MATTHEW C. WICKLINE, and Grantee, CITY OF DUBLIN, OHIO, have hereunto set their hands this day of 2011. GRANTOR: [e9In.rIM MATTHEW C. WICKLINE, CITY OF DUBLIN, OHIO, an Ohio municipal corporation State of Ohio, Franklin County, SS: By: Marsha Grigsby, City Manager BE IT REMEMBERED, that on this _ day of , 2011, before me, the subscriber, a Notary Public in and for said county and state, personally came , the of MATTHEW C. WICKLINE, Grantor, who acknowledged the signing thereof to be his/her free act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary public My commission expires: (HS2wlo.2 ) 2 State of Ohio, Franklin County, SS: BE IT REMEMBERED, that on this day of 2011, before me, the subscriber, a Notary Public in and for said county and state, personally came Marsha Grigsby, the City Manager of the CITY OF DUBLIN, OHIO, an Ohio municipal corporation, who acknowledged the signing thereof to be her free act and deed for and on behalf of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary public My commission expires: This Instrument Prepared By: Schottenstein, Zox & Dunn A Legal Professional Association 250 West Street Columbus, Ohio 43215 {H12N910.2 } STORM SEWER EASEMENT 0.155 ACRE SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 2543, BEING ON, OVER, AND ACROSS THAT 1.076 ACRE TRACT AS CONVEYED TO MATHEW C. WICKLINE BY DEED OF RECORD IN INSTRUMENT NUMBER 200208300216148 (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO), AND BEING DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE, AT THE SOUTHEASTERLY CORNER OF GRANTOR'S TRACT, BEING THE WESTERLY RIGHT -OF -WAY LINE OF DUBLIN BELLPOINT ROAD(S.R. 745); THENCE NORTH 17 °01'48^ WEST, WITH GRANTOR'S EASTERLY LINE, A DISTANCE OF 3123 FEET THE TRUE POINT OF BEGINNING; THENCE SOUTH 85 °36'40" WEST, ACROSS GRAN'TOR'S TRACT, A DISTANCE OF 339.79 FEET TO THE GRANTOR'S SOUTHWESTERLY CORNER; THENCE NORTH 09°29'03" WEST, WITH SAID WESTERLY LINE, A DISTANCE OF 20.08 FEET TO A POINT; THENCE NORTH 85 °36'40" EAST, ACROSS GRANTOR'S TRACT, A DISTANCE OF 337.09 FEET TO A POINT ON GRANTOR'S EASTERLY LINE, THE WESTERLY RIGHT -OF -WAY LINE OF DUBLIN BELLPOINT ROAD(S.R. 745); THENCE SOUTH 17 °01'48" EAST, WITH SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 2050 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.155 ACRE OF LAND, MOIRE OR LESS. 7J.. �4BLETON, & T Of II,TON, INC. O * : EDWARD * J. OR NO. 250 MILLER i v 8250 EJM JRM /JUNE 2,2008 0_155 AC 80570.DOC Date: June 2, 2008 STORM SEWER EASEMENT VIRGINIA MILITARY SURREY NO. 2543 CITY OF DUBLIN, FRANKLIN COUNTY, OHIO Job Mo: 2006 -0670 DANIEL J. AND I LYNNE I. ALLEN I.N. 199811250304216 LOT 49 SHEFFIELD PLACE SECDON 2 P. B. 84, P. 68 Alno-.wn T -w / MICHAEL T. ROBINSON AND II KA THERINE A. ROBINSON IN. 200408160190102 LOT 50 50' 0 50 100' GRAPHIC SCALE (IN FEET) MATHEW C. WICKLLNE \ 1 1.076 AC a C \ IN. 200208300216148 l ; m v Z \ 337.0 d o 5 m !1 C. \ �JJN8�36'40 E TTT p,155 AC.�' �,(� „WW 339.79 N17VI "W 7P06 ? O RPOB A.E. D \ WALLACE MAURER THE CITY OF DUBLIN PARCEL 21 —WD 4.134 00 0 127 AC. ?o IN 200502250034482 L.N. 200508150164917 . ............y / EDWARD MILLER 8250 P OT`.FCisrea� ° > ° ' er ' S ,."' Prolassfoao u o. 8250 7465 7472 �`' • 7541 .t /E 7466 7460 7447 i 7448 7447 7455 7463 7471 747 7441 ! Existin headwall ri V J � a o Z 3 O F L7 Z 9 7503 to be replaced 442 7433 with catch basin r i / BALFOURE CIR 7460 SHEFFIELD PLACE 2 515 i 5000 4992 7468 .7476 7484 7492 a _ i — — - -_ ❑ _ 19' CROSSHA - -- 7516 "``) 7519 -_� E VEN LN 7430 7423 7424 7527 7524 7424 7423 7424 7418 SHEFFIELD PLACE 1 7532 7535 1418 7417 7418 7411 u 7412' 7543 7412 7411 Z 1 ' 7548 406 0 7388 7382 a 7406 7398 7551 7405 = 2 0 7399 - 7337 M U J 7387 7381 7375 7369 7361 7353 7345 W 7372 3 C � -- r. BRAND / G LJ CONVENTRY WOOD 1111111[111f CONVENTRY WOODS 2 A� New storm sewer Resolution 04 -13 Proposed Storm Sewer Improvement Location Map 4428 4444 LIMERICK LN LANCASHIRE Ne� l culvert under Dublin Road 4410 4640 A d _1