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Home My WebLink AboutOrdinance 17-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No 30033 Ordinance No 17 -13 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.155 ACRES, MORE OR LESS, STORM SEWER EASEMENT AT 7460 DUBLIN ROAD FROM MATTHEW C. WICKLINE Passed 20 WHEREAS, the City of Dublin ( "City ") is preparing to construct a storm sewer improvement perpendicular to Dublin Road to help alleviate an existing drainage situation in adjacent subdivision of Coventry Woods, west of the Wickline parcel; 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 and survey attached hereto as Exhibit "A ", said property interest is located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, this easement will run east to west at or near the Property's southernmost property line so as to minimize as much interference as possible with the Property; and WHEREAS, representatives of the City of Dublin have attempted to partake in good faith negotiations with the landowner, but these negotiations have been unsuccessful thus far. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, �e of the elected members concurring that: Section 1. Council hereby authorizes the City to appropriate, for the purpose of installing a storm sewer pipe, running east to west at or near the Property's southernmost property line, a permanent easement of an approximate 0.155 acres from Matthew C. Wickline, 7460 Dublin Road, Dublin, Ohio 43017. Section 2. Council hereby fixes the value of the interests to be appropriated at seven thousand three hundred twenty-five dollars ($7,325). Section 3. Council finds that the appropriation is necessary for the stated purpose and that the City has been unable to agree with the owner of the property as to appropriate compensation. Section 4. The City Law Director is hereby authorized to file a petition for appropriation in the Franklin County Court of Common Pleas should it become necessary. Section S. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. ,J , / Passed this li day of J' 62kt' 1 2013. Mayor - res ding Officer ATTEST: Clerk of Council Office of the City Manager City of Dublin Pho 614-410-4400 y Fax: 14 - 1 0 -449 0 43017-1090 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: February 21, 2013 Initiated By: Philip Hartmann, Assistant Law Director Paul A. Hammersmith, PE, Director of Engineering /City Engineer Re: Ordinance 17 -13 - Authorizing the Appropriation of a 0.155 acres, more or less, Storm Sewer Easement at 7460 Dublin Road for Matthew C. Wickline Summary The City of Dublin ( "City ") is preparing to improve the storm sewer system that drains 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 properly interest from Matthew C. Wickline located within the City in order to construct this Project. On January 28, 2013, Council approved Resolution 04 -13, declaring the City's intent to appropriate the necessary 0.155 acre (more or less) easement on Mr. Wickline's property for this Project. Mr. Wickline was informed of this resolution and has been given the appraiser's report, which indicates the fair market value of the easement as $7,325.00. Staff has had a brief discussion with Mr. Wickline regarding this easement since the approval of the Resolution, but no agreement has been reached. While the City remains hopeful that an amicable resolution can be reached, this Ordinance represents the next step in the appropriation process. 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 $7 Recommendation The Law Department and Engineering recommend approval of Ordinance 17 -13 at the second reading /public hearing on March 11 as obtaining this easement will allow resolution to a long- standing drainage situation as documented by the City's 1999 Stormwater Master Plan. 7465 17 : 1 7492 75.41 r 7466 4 44, ►• 7 i -�– � •' 7447 Q 4444 Ordinance 17 -13 Proposed Storm Sewer Improvement Location Map 7448 7447 7455 7463 7471 - 7441 Existing headwall ` "7 503 7525 7442 7439 to be replaced with catch basin ; LIMERICK LN BALFOURE CIR 7460 HEFFIELD PLACE 2 7511 7463 5000 4992 7446 7468 7476 7484 7492 - LANCASHIRE 44�� 7516 7519 • � New outlet at CROSSHAVEN LN 7 430 , culvert under 7423 7424 524 7527 Dublin Road 7424 7423 424 7418 r New storm sewer HEFFIELD PL CE 1 7532 7535 t ` . X7451 7417 74 . ' W 7411 u 7412 � • a J �� o 7412 7411 7406 LU Z 7548" 0 a O 7388 7382 a 7406 7398 7551 4410 o�c 7405 u r . Z W ° a Z J O u 7399 "� 7387 7381 7375 7369 7361 7353 7337 7345 �� y .,►.• - r 4640 — -- - - 4700 s: 4680 W 7372 I, Y " ' BRAND RD ZONVEN RY WOO CO VENTRY WOODS 2 �� ■ w 4825 ^, 480$x; 7326 ' 7329 WOO k, Ordinance 17 -13 Proposed Storm Sewer Improvement Location Map 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. (H1204910.2 ( IN WITNESS WHEREOF, Grantor, MATTHEW C. WICKLINE, and Grantee, CITY OF DUBLIN, OHIO, have hereunto set their hands this day of , 2011. GRANTOR: Me 17:100 1 no �A 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: {H 1204910.2 } 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 (H1204910.2 ) 3 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 0 01'48" WEST, WITH GRANTOR'S EASTERLY LINE, A DISTANCE OF 31.23 FEET THE TRUE POINT OF BEGINNING; THENCE SOUTH 85 0 36'40" WEST, ACROSS GRANTOR'S TRACT, A DISTANCE OF 339.79 FEET TO THE GRANTOR'S SOUTHWESTERLY CORNER; THENCE NORTH 09 0 29'03" WEST, WITH SAID WESTERLY LINE, A DISTANCE OF 20.08 FEET TO A POINT; THENCE NORTH 85 0 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 0 01'48" EAST, WITH SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.155 ACRE OF LAND, MORE OR LESS. EV ME(, BLETON, & TILTON, INC. z1 E pF EDWARD O* EDWARD J. MILLER J. REGISTERED SURVE OR NO. 250 = MILLER = �'. 8250 �O�F.. c�G/STER�C.'� -� S /O. NAL '' ",, ,,m 1, 1 EJM :JRM ;JUNE 2, 2008 0_155 AC 80570.DOC Evans, Mechwart, Hambleton & Tilton, Inc. Engineers • Surveyors • Planners • Scientists 5500 New Albany Road, Columbus, OH 43054 Phone: 614.775.4500 Fax: 614.775.4800 M C M X X v I DANIEL J. AND LYNNE 4 ALLEN I. N. 199811250304216 LOT 49 SHEFFIELD PL CE SECTION 2 P. B. 84, P. 68 " N09 29'03 20.08' STORM SEWER EASEMENT 14RG /N /A MILITARY SURVEY NO. 2543 CITY OF DUBLIN, FRANKLIN COUNTY, OHIO MA THEW C. W/CKLINE \ 1.076 A C. 1. N. 200208300216148 N 1 v 337.09' o iT/ N85'36'40 "E - 7 - _7 p 155 AC. m� 339.79' 31.23' S85'36'40 „W N17 Ol '48 "W MICHAEL T. ROBINSON AND I KA THERINE A. ROBINSON 1. N. 200408160190102 LOT 50 50' 0 50' 100' 0 A. E. WALLACE MAURER 4.134 AC. I.N. 200502250034482 I A Date: June 2, 2008 Scale: 1 " =50' Job No: 2008 - 0570 C Q3 Z \ U3 _ c- - o TP06 Z THE CITY OF DUBLIN PARCEL 21—WD 0.127 A C. 9nnSnR 1 sn 1sa q» �E OF O `* �P EDWARD y/O MIL! ER 8250 ,, . 0 .c� QFCISTEEi�'�t` By • v -Q cs� (Ard 8250 GRAPHIC SCALE (IN FEET)