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HomeMy WebLinkAbout092-86 Ordinance RECORD OF ORDINANCES 239 Naticmal Graphics Corp.. Cels.. O. ~ Form No, 2806-A Ordinance NO.n___n_~~=~~__nn P assednn_n.__n___nn_nn__n__nnn__n ____nn_J 9 __n__ __ AN ORDINANCE VACATING TWO (2) ALLEYS EAST OF NORTH HIGH STREET AND NORTH OF DARBY STREET AND NORTH STREET IN THE VILLAGE OF DUBLIN, OHIO. WHEREAS, Mr. Jack Eggspuehler, his partners, and Mr. Graham Browne have filed a petition requesting the vacation of two (2) alleys as shown on the attached "EXHIBIT A", and; WHEREAS, said alleys serve primarily as driveways for the existing businesses and are rarely, if ever, used by anyone other than persons having business in the existing buildings; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the two (2) alleys delineated on the attached "EXHIBIT A" as item A and item B with said EXHIBIT "A" being an official part of this Ordinance and, with the exception of an existing Sanitary Sewer Easement in the alley delineated as item B be, and hereby are, vacated. Section 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ~hday of January , 19E7 . ~ Mayor - Presiding Officer Attest: -~~,~ Clerk of Cou cil Sponsors: Mr. Eggspuehler and Mr. Browne > c::::mrlC~.Tr-: . , .. -.';"t',~tl~e r", r,~ r~, "~d. i>::r:b)' C.~\~d\. .11'" ~.. ~ , ~::~~;.:{:',::T ~.::;:=~;,-. '.. ~ ~j;.~,;.; '::::.. :: ~.~~: .:~' '. ,,:, " ",{i!!,;, ': i ...... .- .'. . ...._- .. ....-., ~ -....--- .,'; . '. ""> I~:'.T. :, ~~~~l:l: ''':;':',0 ~." ." . - ~. I hereby certify that copies of this Ordinance/Resolution were posted in the Village of Dublin in accordance with Section 731.25 of the Oilio Revised Code. . J~Y1' tf.-~ Clerk of Council I Hockaden and Associates, Inc. Consulting Engineers George w. Hocbden, President 883 North Cassady Avenue Julian W. Hammond, Secretary - Treasu.... Columbus, Ohio 43219 November 5, 1986 614-252-0993 Village of Dublin Mr. Bruce Warner 6665 Coffman Road Dublin, Ohio 43017 Re: Alley Vacations Requested By Mr. Jack J. Eggspuehler East of N. High Street Dear Mr. Warner: We, Hockaden and Associates, Inc., Consulting Engineers are requesting with Mr. Jack J. Eggspuehler's approval, and in his behalf the vacation of the two alleys lying east of N. High Street and north of Darby Street. These alleys are delineated upon the Plat of Dublin and are contiguous with property either owned or being purchased by Jack J. and Joan B. Eggspuehler, said requests for vacation are of a 16.50 foot alley, (Item A) and a 20.00 foot alley (Item B) , the same being more particularly described as follows: Item A: Being all of that alley delineated upon the Plat of Dublin, of record in Plat Book 3, Page 199, all reference, now and future, to Plat Book, Deed Book or Official Record Volume ~ (O.R.V.) are records of the Franklin County, Ohio, Recorder's Office, said alley being further bounded and described as follows: Said alley being 16.50 feet in width, being bounded on the west by the easterly right-of-way line of High Street, 66.00 feet in width, as delineated upon said Plat of Dublin; Thence being bounded on the north by Rivers Edge Two, as described in Official Record Volume 6494H09, to a point of intersection of the northerly 1; ne of said alley with the extended easterly property line of a town lot described to Carol J. Bland, of record in Deed Book 3303, Page 260, said easterly lot line also being the westerly line of the first alley east of the aforesaid High Street, as the same is delineated upon the said Plat of Dublin; Design. Plans. Reports. Water. Sewerage. Drainage. Structural · Hydraulic. Highways. Land Planning. Subdivision. Property Surveys Topographic Surveys. Landscape Architecture Alley Vacations Page 2 Thence bounded on the east by an alley, said alley being designated as 20.00 feet upon the Franklin County, Ohio, Auditors Tax Map, being also delineated as the first alley east of High Street and north of an unnamed east, west street, (now designated Darby Street) 66.00 feet in width and delineated upon the aforesaid Town Plat of Dublin, said east, west street now being designated as Darby Street, upon the Franklin County, Ohio, Auditors Tax Map; Thence bounded on the south by the property described to Carol J. Bland in a deed of record in Deed Book 3303, Page 260, under Land Contract to Jack J. Eggspuehler of record in Official Record Volume 1847G02; Item B: Being all of that first alley east of High Street and north of an unnamed (east-west) street, (now named Darby Street) as the same are delineated upon the aforesaid Plat of Dublin, said 20.00 foot- alley being further described as follows: Being a 20.00 foot alley north from said north right-of-way of said unnamed street (Darby Street), being contiguous with the easterly line of lots presently described to Jack J. Eggspuehler, Official Record Volume 7837F19, and Carol J. Bland, Deed Book 3303, Page 260, the same being under Land Contract to Jack J. and Joan B. Eggspuehler, Official Record Volume 1847G02, with said easterly line and 20.00 foot width extending northerly to the southerly line of land described to Rivers Edge Two in Official Record Volume 6494H09; Thence also being contiguous with the aforesaid lands of Rivers Edge Two, of record in Official Record Volume 6494H09, at the northerly and easterly right-of-way lines of said 20~00 foot alley; The aforesaid requests for vacation being further described upon Exhibit A, attached hereto and made a part hereof by reference; . " Alley Vacations Page 3 Reserving unto the Village of Dublin its heirs and assigns. the right and easement to install. operate. repair. maintain. replace and remove any and all public utilities and services within said alleys to be vacated, including but not limited to electric, telephone, water, gas, storm sewer, and sanitary sewer lines. Prepared by Hockaden and Associates, Inc., Con s u 1 tin g' Engineers. ".'"... t """" ,,,'1ft,,, t 0 F """ HOCKADEN AND ASSOCIATES. INC. .' "\ 0 '. . ........ ~. ,'" " ..' ", " ! J......... LEWIS .........\ Con ulting Engineers i '" :" E ". 0 ~ r .2: (JJ~ ~ . ~ ADAMS ~ ~ ~ \ \-:P~ 5281 <v~.: f , . co ~. ' e is E. Adams ~ U' .... Is i ~.." <<- / ''-'' t/ .......... \J ........... Registered Surveyor No. 5281 "" It V E. '( "" LEA/kag ""'"" ff fl' . II I' ft' cc Dublin Clerk of Council (Francis Urban) Jack J. Eggspuehler Ted Harder I HOCKADEN AND ASSOCIATES , INC. CONSUL liNG ENGINEERS 883 N, CASSADY AVENUE COLUMBUS, OHIO 43219 (614) 252..()993 .' EXHIBIT II All OF ALLEY VACATION - -'?/~ O-'?r-'?8 69~OG S9 ~ J', -1.0 (t ALLEY : ,yOS~O <.6 -i ITEM A . .00' I CAROL J. BLAND*- - - - 0 I -0 0 0 Q 0 133 t() to r0 00 ~ 00 DB.3303 PG, 260 .- e w w 0:: >-m .- ~I::E (/), ....JW :r: <l..... <.!) :c " 0 JACK J. EGGSPUEHLER 0 0 0 rei 132 t() 00 00 ORV. 7893 F19-20 I I 166.00' 26, DARBY STREET (66,00') - - ""."".....,'"", .,., t 0 F.... " '\ 0 " ...," ......... ~ "llI'.. "* UNDER LAND CONTRACT /1..... ~...., LE\I'IS .,'.,.. .... \~ JACK J. a JOAN B. EGGSPUEHLER ! ~ r E: ..~ 0 \ ORV, 1847 G02 ~ .. ~ ,ADims E. E - . -1J 5281 ~ . : \ ...~ '-<,.:: ('I') \ U' ."~ IS" ~ ~.., ~ l 0 .... v............ () ,..... ~ HOCKADEN AND ....;bds,~C.IA:F!S, INC, O'l \0 ('I') SCALE 1" = 40' DATE: 11/05/86 37872 CONSULTING ENG NEER~ N 0 SURVD. DRAWN CHECKED REVISED DATES ORDER NUMBERS . ~ ~ ~ ' .- ~ (,!) z B.OM. L.EA. ' . . . REGiS;-E'R~D' . 'su~ ..~. . Z :J a:: co June 6, 1986 Mr. Robert Darragh Code Enforcement, Village of Dublin 6665 Coffman Road Dublin, OH 43017 Dear Mr. Darragh: Please accept this letter as our petition to vacate the alleys adjacent to our properties located at 72 North High, 84 North High, and Rivers Edge II property. The primary reason for our request that these properties be vacated is that entrances to our respective properties are being altered in order to comple- ment both the parking and the flow of traffic to all of the parking areas. By vacating these alleys, we will improve the landscaping of the properties involved. Because of the unique nature of the terrain, the traditional alleys are not appropri- ate. Further, these alleys in their present form particularly the north one, are difficult to maintain in the winter time. In as much as AT&T, Ohio Bell Telephone, Columbia Gas Company, Columbus and Southern Ohio Electric Company and the Village of Dublin, maintain there are no utilities in the present north alley way, it is our opinion that there is no need for an easement there. ~~~~~t:;:- ...A.l.~ Al Passell Subject to agreement by the adjacent property owners on disposition of use of vacate~ alley ways, deeding of property vacated, required easements for~a1ntenance. landscaping of adjoining areas and final plan...h~ > /p ~5Igr. WI'< J.- , .JJ I':r ~ P. ~ Jo,,-,--,- f 't'l ~<lr-. Ie ~ ~ Q,S 8~ MEMORANDUM TO: Sherman Sheldon, Village Manager FROM: Bob Darragh, Code Enforcement Officer SUBJECT: Vacation of Alleys in Old Dublin DATE: July 25, 1986 Jack Eggspuehler, his pqrtners and Graham Browne have filed the attached petition requesting vacation of the two alleys shown on the attached map. These alleys serve primarily as driveways and are rarely, if ever, used by anyone other than persons having business in the two existing buildings. The north-south alley is not paved between the existing parking lot and North Street. The pavement leading to that lot is actually an Eggspuehler's property. I have discussed the proposal with John Sedlock who has no objection. Also, Bruce Warner has no objection provided we retain an easement over the sanitary sewer. If the alleys are vacated, the east-west alley will be closed from High Street to a point approximately half way through the lot depth. The closed portion will be turned into green space and landscaped by Eggspuehler and Riversedge II. The balance of the alley would be used as parking area. The north-south alley would also be used as parking and landscape area. The impetus behind this proposal is that Eggspuehler would like to build a third building on his property and vacation of the alleys will make a better site plan possible. It appears that even if the vacation occurs Eggspuehler will still be several spaces short of code required parking and will require a variance or will require that the new building be smaller than planned. -- The Architectural Review Board has reviewed and approved plans for both Eggspuehler's and Riversedge II buildings. While I favor closing the front half of the east-west alley and landscaping that area, it is apparent that the Village must "bend" considerably to provide for additional development on the Eggspuehler property. On the other hand this is a chance to provide parking where it is needed and to "clean up" the rear of those properties with code required landscaping. The final technicality prohibiting enactment of this plan is that Eggspuehler does not have complete control of both properties. The lot to the north is owned by Jack and two others. We would require a cross easement to permit parking to be shared by both parcels in the event that the lot to the north was sold. In summary, I generally support the plan, with some reservations. I am in favor of good development and I feel that will be a result of this plan. I am cautious of subscribing to overdevelopment. I am interested in your thoughts on this issue and if you are in support of the vacation would you assist me in preparing the necessary documents to take to Council. \ , \ '. \ I /46 't/ 105' N . , 157'0' 122' " e17'(/ .~ 15' II!'/) Ii?" 2+12 INV.793.24 ~\\lU:!. ~~ (~'t"~'" ~ '(' \10) ~~ ; \ " L-- b IL \JClc:.Ci\ eo el . . , \~~~~~~ o..~~ ~o.~~"~ ~ . 't--~---\ ,~~~~'~\,,~ 18OJ'U 1~5'O '\ en , .... !:L <I' ~ 5'(/ t ~/'O l...' I- <l: ~ d7'{/ ", \. .. '\ /74'(/ ~5'(I, 47'0 "0' O. ~~' -- TJ 8"-1,60" , STREET -- --- --- ----- /r;8'() Z~2 taG' [} 71' 238' --~.- /~8'U 2f' \ -'