HomeMy WebLinkAboutOrdinance 07-13RECORD OF ORDINANCES
Blank, lac.
Ordinance No
07 -13
F orm No 30043
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO
ACQUIRE A 0.130 ACRES, MORE OR LESS, PERMANENT
MULTI -USE, UTILITY, GRADING AND DRAINAGE EASEMENT
AND A 0.031 ACRES, MORE OR LESS, TEMPORARY
EASEMENT, FROM JAMES D. AND MOLLY B. NESTER
WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path
along Dublin Road (the "Project'; and
WHEREAS, said project requires that the City obtain certain property interests
within Franklin County Parcel No. 273 - 002025 owned by James D. and Molly B.
Nester (the "Grantors "), said property interests more fully described in the Exhibits
labeled "A" and depicted in the Exhibits labeled "B ", all attached hereto; and
WHEREAS, the City and the Grantors participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the necessary property
interests; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantors.
NOW, THE FORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 77 of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire an approximate 0.130 acres, more or less,
permanent multi -use, utility, grading and drainage easement and a 0.031 Temporary
Easement from James D. and Molly B. Nester, said property interests located within
Franklin County Parcel No. 27- 002025, and as more fully described and depicted in
the attached Exhibits "A" and "B ".
Section 2. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
Passed this day o >°J:qY Q7�1 20 13.
Mayor - resi ing Officer
ATTEST:
0--;_ (k
Clerk of Council
City of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614-410-4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From. Marsha I. Grigsby, City Manager `MA —
Date: January 24, 2013
Initiated By: Sara Ott, Sr. Project Manager
Memo
Re: Ordinance 07 -13 — Acquisition of Easements from James D. and Molly B. Nester
for Dublin Road Shared Use Path
Background
The City of Dublin ( "City ") is preparing to construct a shared use path on the western side of
Dublin Road between Hertford Lane and 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 offers based upon appraisals to each of these landowners.
One of the landowners that the City must obtain property interests from for the construction of the
Project is James D. and Molly B. Nester (the "Grantor "). After engaging in amicable negotiations,
the City has come to an agreement with the Grantor to acquire these necessary property interests
pursuant to the terms outlined in this memorandum.
Acquisition
The City will acquire from the Grantor only those property interests necessary for the construction
of the Project as depicted in the legal descriptions and maps attached to this memorandum. The
City will acquire these property interests for their appraised value The acquisition is detailed
below:
Property Interest Acquired
ACRES
APPRAISED COST
Permanent Utility, Grading
and Drainage Easement
0.130
$8,300.00
Temporary Construction and
Grading Easement
0.031
$800.00
Vegetation /Natural Growth
Being Removed
$1,000.00
Total
$ 10,100.00
Recommendation
Ordinance 07 -13 authorizes the City Manager to execute all necessary conveyance documentation
to formally acquire the necessary property interests described above. Staff recommends approval
of Ordinance 07 -13 at the second reading /public hearing on February 11, 2013 as obtaining the
property interests is necessary for the furtherance of this project.
E IBIT
EXHIBIT A
1 oft
C1P osaot
PARCEL 15 -P
PR0)ECr DUBLIN MUP
V -10. Da 05!16
PARCEL MP
DUBLIN ROAD SOUTH MULTI -USE PATH
PERPETUAL EASEMENT
FOR UTILITIES, GRADING, and a MULTI -USE PATH
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of Lot 47 of the subdivision entitled LLEWELLYN FARMS,
Section 1, as recorded in Plat Book 60, Page 31, and as conveyed to lames D. and Molly B.
Nester, by deed of record in Official Record 34321 A08, records of the Recorder's Office,
Franklin County, Ohio, and being more particularly described as follows:
Beginning at the northeast comer of said Lot 47 in the existing westerly right -of -way line
of Dublin Road, being 37.89 feet left of centerline station 134+65.06;
Thence along the arc of a curve to the left for 92.84 feet, along the easterly line of said
Lot 47, and along the existing westerly right -of -way line of Dublin Road, having radius of
1472.39 feet, a central angle of 03 deg. 36 min. 45 sec., a chord hearing of South 01 deg. 03 min.
30 sec. West, a chord distance of 92.82 feet to a point of non - tangency, being 30.00 feet left of
camerline station 133+72.57;
Thence South 05 deg. 56 min. 00 sec. West, a distance of 80.43 feet along the existing
westerly right -of -way line of Dublin Road to an angle point;
Thence South 13 deg. 36 min. 05 sec. East, a distance of 15.92 feet, along the existing
westerly right -of -way line of Dublin Road, to the intersection with the southerly line of said Lot
47, being 30.00 feet left of centerline station 132+86.55;
Thence South 85 deg. 50 min. 11 sec. West, a distance of 50.69 feet along the southerly
line of said Lot 47 to a point being 80.00 feet left of centerline station 132 +94.86;
Thence the following three (3) courses and distances across said Lot 47;
1. Thence North 01 deg. 53 min. 29 sec. East, a distance of 76.94 feet to a point being
80.00 feet left of centerline station 133+45.00;
2. Thence North 43 deg. 48 min. 30 see. East, a distance of 57.01 feet to a point being
45.00 feet left of centerline station 133 +90.00;
3. Thence North 05 deg. 56 min. 00 sec. East, a distance of 74.68 feet to the intersection
with the northerly line of said Lot 47, being 45.00 feet left of centerline station
134+64.68;
Thence South 87 deg. 07 min. 34 sec. East, a distance of 7.12 feet along the northerly line
of said Lot 47 to the Point of Beginning, containing 0.130 acres, more or less.
9Co 20
rner -appraisal Group
EXHIBIT
a. Z-
D
EXHIBIT A
2d2
CIP 08-M
PARCEL I5-P
PROIEC1 DUBLIN MUP
V-im Dtl QUI &12
Of the above described area, 0.130 acres are contained within Franklin County Auditor's
Parcel 273- 002025.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control
Monuments "FRANK 73" and "FCGS 6642 RESET"'.
This description was prepared by Steven E. Rader, registered surveyor 7191, and is based
upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc.,
under the direction of said surveyor.
Grantor claims title by the instrument of record in Official Record 34321 A08, of the
Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
E OF "
P�SIEVEN y% O*
E.
RADER
S
. /ONAL _
STANTEC CONSULTING SERVICES, INC.
Registered Surveyor No. 7191 Date
Horner .appraisal Group 21
EXHIBIT
0
a 3 lg
EXHIBIT A
Id
CB' 09-M
PARCEL 13 -T
PROJECT DUBLIN MUP
V=iW Doc BLI8112
PARCEL 15-T
DUBLIN ROAD SOUTH MULTI -USE PATH
TEMPORARY EASEMENT
TO RECONSTRUCT A DRIVE
Situate in the State of Ohio, County of Franklin, City of Dublin, located in V
Military Survey 2419, being a part of Lot 47 of the subdivision entitled LLEWELLYN FARMS,
Section 1, as recorded in Plat Book 60, Page 31, and as conveyed to lames D. and Molly B.
Nester, by deed of record in Official Record 34321 A08, records of the Recorder's Office,
Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at the northeast comer of said Lot 47 in the existing westerly
rigbt -of -way line of Dublin Road, being 37.89 feet left of centerline station 134+65.06;
Thence North 87 deg. 07 min. 34 sec. West, a distance of 7.12 feet, along the northerly
line of said Lot 47, to the Point of True Beginning of the herein described parcel, being 45.00
feet left of centerline station 134+64.68;
Thence South 05 deg. 56 rain. 00 sec. West, a distance of 34.68 feet, across said Lot 47 to
a point being 45.00 feet left of centerline station 134+30.00;
Thence North 84 deg. 04 min. 00 sec. West, a distance of 40.00 feet, across said Lot 47 to
a point being 85.00 feet left of centerline station 134+30.00;
Thence North 05 deg. 56 min. 00 sec. East, a distance of 32.54 feet, across said Lot 47 to
a point in the northerly line of said Lot 47, being 85.00 feet left of centerline station 134+62.54;
Thence South 87 deg. 07 min. 34 sec. East, a distance of 40.06 feet along the northerly
line of said Lot 47 to the Point of True Beginning, containing 0.031 acres, more or less.
Of the above described area, 0.031 acres are contained within Franklin County Auditor's
Parcel 273-002025.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control
Monuments "FRANK 73" and "FOGS 6642 RESET".
This description was prepared by Steven E. Rader, registered surveyor 7191, and is based
upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc.,
under the direction of said surveyor.
Grantor claims title by the instrument of record in Official Record 34321 A08, of the
Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof,
STANTEC CONSULTING SERVICES, INC.
,y� OF
* d STEVEN ': * Registered Surveyor No. 7191 Date
E.
RADER
$ i 7197 k .
oh r ,.
23
r1urner AppraisaCGroup
EXHIBIT
Horner .Appraisal Group 22
EXHIBIT B
NUMBER DIRECTION DISTANCE
MONUMENT LEGEND
L1 S 05'56 W 80.43'
Z R.R.S. FOUND
L2 S 13'36'05' E 15.92'
0 REBAR FOUND
L3 S 85'50 W 50.69'
0 IRON PIN FOUND
O ® MONUMENT BOX
L4 N 01'53'29" E 76.94'
L5 N 43'48'3D' E 57.01
t 314" IRON PIN SET
L6 N 05'56 00" E 74.68'
L7 5 87'07'34" E 7.12'
1 1 `
1
LLEWELLYN FARMS LOT 46
1
SEC, I
P.B. 60. PG. 3;
L,OT 48
LOT 41
^ '
z
15 JAMES D. & MOLLY B. NESTER o
2
273 - 002025
3
O.R. 34321 A08 Z
c
%
i1 N
�0
1P 0.130 ACRES
o ^ -
(•• 0.130 ACRES)
N
133 +45.00 16
14
80.00 LT.
1,4
<S
134 +94.86
133 +90.00 134 +64.68
F\
80.00' LT.
45.00 LT. 45.00 LT.
'
132 +86.55
L6 EX. E SMT.
30.00' LT.
r
Lt OF D I 1 L1 L 4l L 41 L /
1
CITY
134
+65.06
WASHINGTON TWP. 37.89' LT.
133 +72.57 POINT OF
_ 133 +00
� 30.00 LT. 13 BEGINNING 4 + 135 +00
4
N 05'56'66"E
DUBLIN ROAD
w cIL
3�G��
N 133�R6
EX. R �W
FCGS 1528
-- -- --
132 +97.31
R 0.00 LT.
A_
NUMBER I DELTA ANC, I RADIUS I ARC LEN I CHORD DIRECTION CHORD PARCEL 15 —
k Cl 03'36'45" 11472.39 IS
01 W 92.82' DUBLIN ROAD SOUTH
MULTI —USE PATH
CITY OF DUBIJN, FRANKWN COUNTY, OHIO
O .o eD
s
SCALE IN FEET
• PORTION OF THE PROPOSED EASEMENT
ui p.epmed By
LYING WIIHIN PN E %ISTING EASEMENT
' --
BEARINGS
I A� Irr 1E,,..�.F., D�
J p;' '•h i - Stantec Consulting Services, Inc.
PJE 6 BASED UPON STATE r �' STEVEN •.. ; 1500 Lo4e Share Drive, S�Re l00
THE RO BASIS JE CT BEARING DATUM
PLAN E GRID BEARINGS FROM THE OHIO COORDINATE p E. Calum6w, Ohio �320A
_ SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED i pi RADER o P (6N) 186 -%783
.
USING G.P.S. METHODS THROUGH THE FRANKLIN o • A 7191 u j
"FRANK
COUNTY ENGINEER'S STATIONS 73', AND i �;S e sTE p1;:� d al +v s
E 'FCGS '••••
6642 RESET'.
6
s
-. �ONA� S r prll R.941 Sur /7191 Dote
red yw
Horner .Appraisal Group 22
::]
•• PORTION OF THE PROPOSED EASEMENT
EXHIBIT B
LYING WITHIN AN EXISTING EASEMENT
O
LL.EWELLYN FARMS
LOT 46
SEC, I
P. B. 60. PC. 31
LOT 47
In
JAMES D. B MOLLY B. NESTER
o
3 1
273- 002025
Z
a
I
O.R. 34321 ADS
10
N�
on
0.031 ACRES 'T
,s
^'
(•' 0.001 ACRES)
14
134 +30.00
85.00 LT.
134 +62.54
__
fy
L3 85.00' LT.
L.GT 48
PERM. ESMT.
\134 +30.00
POINT OF
45.00' LT.
BEGINNING
J
EX. ES MT.
S
L r
ar
%'t /- /1��L
134 +64.68
CITYOF
WASHINGTON TWP.
BEGIN FDR 45.00 LT.
g 133 +00
1344-00
REFERENCE
135 +00
R
DUBLIN ROAD
N osss'oD" E
1 sa +ss. s
37.89
W �
GI
LT.
t3�ONGfN3
N SIB
FCGS 1528
4 OR1G' 132 +97.31
- - - -
EX. R L W - - -
0.00 LT.
k
y EX R �
a
PARCEL 1 S
c NUMBER DIRECTION DISTANCE
MONUMENT LEGEND
SO UTH
DUBLIN ROAD SO
L1 S 05'56'00" W 34.68'
.(J R.R.S. FOUND
MULTI - USE PATH
L2 N 84'04'00" W 40.00
L3 N 05'56'00" E 32.54'
0 REBAR FOUND
O IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY. OHIO
* L4 S 87'07'34" E 40.06'
m MONUMENT BOX
o 4D 80
L5 N 87'07'34" IN 7. 12'
"
0 3/4 IRON PIN SET
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SOME M FEEL
Prepmee By
Illr wilii O F..ry._
p I tf...........0 `-_
BASIS OF BEARINGS
d' p;• •S : -
- Slantec Consulting Services, Inc
THE PROJECT BEARING DATUM IS BASED UPON STATE r '? STEVEN '•�
1500 Lake Shore Drive, Sidle 100
PLANE GRID BEARINGS FROM THE OHIO COORDINATE f i ; E. t s
1`.
Cm —bue. Ohio 43204
SYSTEM, SOUTH ZONE, NAD 83 (86). AS MEASURED
AI RADER o L P (614) 486 -4383
G
y USING .P.S. METHODS THROUGH THE FRANKLIN p t m 7191 ,
X COUNTY ENGINEER'S STATIONS 'FRANK 73'. AND _ :�' p i, ° +,{u �
Fn 'FCGS 6642 RESET ".
_eas „aTE ;p �i
�-._ I ONA� S r ,p1I
w �
19f Date
Regleleree Surveyor
Horner Ayyraisa( roue 24