HomeMy WebLinkAboutOrdinance 32-13RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
32 -13 -- -- — - - -- - I
Ordinance No.
Passed .20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO
ACQUIRE A 0.144 ACRES, MORE OR LESS, FEE SIMPLE
INTEREST THAT IS PRESENT ROAD OCCUPIED PROPERTY;
A 0.010 ACRES, MORE OR LESS, PERMANENT MULTI -USE,
UTILITY, GRADING AND DRAINAGE EASEMENT; AND A
0.021 ACRES, MORE OR LESS, TEMPORARY EASEMENT,
FROM SEAN M. AND JENNIFER K. SMITH
WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path
along Brand Road (the "Project'j; and
WHEREAS, said project requires that the City obtain certain property interests within
Franklin County Parcel No. 273 - 000446 owned by Sean M. and Jennifer K. Smith (the
"Grantors "), with an address of 5525 Brand Road, 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 for the sum of One Thousand Two Hundred Fifty Dollars ($1,250); and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantors.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, -7-- of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire an approximate 0.144 acres, more or less, fee
simple interest that is present road occupied property; a 0.010 acres, more or less,
permanent multi -use, utility, grading and drainage easement; and a 0.021 acres,
more or less, temporary easement from Sean M. and Jennifer K. Smith for the sum
of One Thousand Two Hundred Fifty Dollars ($1,250), said property interests located
within Franklin County and identified as Parcel No. 273 - 000446, 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 of a , 2013.
i
• ing • .-
ATTEST:
Clerk of Council
Icity 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
Date: April 18, 2013
Initiated By: Sara Ott, Sr. Project Manager
Memo
Re: Ordinance 32 -13 — Authorizing the City Manager to Execute
Necessary Conveyance Documentation to Acquire a 0.144 Acres,
More or Less, Fee Simple Interest that is Present Road Occupied
Property; a 0.010 Acres, More or Less, Permanent Multi -Use,
Utility, Grading and Drainage Easement; and a 0.021 Acres, More
or Less Temporary Easement, from Sean M. and Jennifer K.
Smith.
Background
The City of Dublin ( "City ") is preparing to construct a shared -use path on the southern side of
Brand Road between Muirfield Drive and Earlington Parkway (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 Sean M. and Jennifer K. Smith (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 the appraised value. The acquisition is detailed
below:
Property Interest
PROPOSED
APPRAISED COST
Acquiring
ACRES
Present Road Occupied
0.144
$1
P. R.O.
Permanent Multi -Use,
0.010
$699
Utility, Grading and
Drainage Easement
Temporary Construction
0.021
$250
and Grading Easements
Vegetation /Natural
$300
Growth Being Removed
Total
$ 1,250
Memo re. Ordinance 32 -13 — Brand Road — Smith Easements and Present Road Occupied
April 18, 2013
Page 2 of 2
Recommendation
Ordinance 32 -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 32 -13 at the second reading /public hearing on May 6, 2013 as obtaining the property
interests is necessary for the furtherance of this project.
EXHIBIT A
Page 1 of I
CIP 11 -022CIP
PARCEL 9 -WD
PROJECT BRAND SUP
Version Date 12/10/12
PARCEL 9 -WD
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESRCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey
Number 2543, being a part of a 1.000 acre tract in the name of Jennifer K. & Sean M. Smith, as recorded
in Instrument No. 201008120103377, all records are referenced to the Franklin County Recorder's Office,
and being more particularly described as follows:
Beginning, for reference, at an 3/4" I.D. iron pipe (found) at the northwesterly comer of a 1.269 acre tract
known as the 4th Amendment to The Villas of Earlington Condominium, as recorded in Condo Plat Book
72, Page 21, also being the southwesterly comer of a 0.184 acre tract in the name of the City of Dublin, as
recorded in Plat Book 83, Page 3;
Thence, North 30 °07'57' East, a distance of 10.00 feet, with the westerly line of said 0.184 acre tract, to
an iron pipe (set) on the southerly existing highway easement for Brand Road, and being the True Place
of Beginning for the parcel herein described:
Thence, North 59 °52'03" West, a distance of 208.59 feet, leaving said property line, being parallel with
and 30.00 feet perpendicular to the centerline of Brand Road, to an iron pipe (set) on the easterly line of a
0.343 acre tract in the name of the City of Dublin, as recorded in Plat Book 83, Page 3;
Thence, North 30 ° 07'57" East, a distance of 30.00 feet, along the easterly line of said 0.343 acre tract, to
a magnail (set) at the northeasterly corner of said 0.343 acre tract, in the centerline of Brand Road;
Thence, South 59 °52'03" East, a distance of 208.59 feet, along the centerline of Brand Road, to a magnail
(set) at the northwesterly comer of a 0.184 acre tract in the name of the City of Dublin, as recorded in Plat
Book 83, Page 3;
Thence, South 30 °07'57" West, a distance of 30.00 feet, along the westerly line of said 0.184 acre tract,
to the True Place of Beginning, containing 0.144 acres more or less, of which 0.144 acres is in the 0. 1 0 - 1 - E
Present Roadway Occupied (P.R.O.). SQ L` -r
Iron Pipes set are 3/4 inch inside diameter iron pipes, 30 inches long, with a yellow cap stamped "W.E. 0. % J h
STI SON".
The bearings for this description are based on the bearing between Franklin County Engineer's stations
"MCNEAL" and "FOGS 6648" being South 15 °07'52" East, as measured using GPS methods and the
Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). epo A4(o
I hereby certify this description was written by using measurements obtained by an actual field survey
conducted unde MY direct supervision.
OF
•. �P •....... y
hn Je a o Registered Surveyor No 7863 Date �. 5 : .z •. O
Prepared by: W.E. Stilson Consulting croup, LLC. _ ___ _ ' JOHN JEFFREY
Job No.: 111013.00
(Auditor's Parcel No. 273-000446-00) DESCRIPTION k� Y,_, � RAAB
DEAN C. Rimut F Fs, p,s =' 7863 '
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EXHIBIT B
PARCEL 941)
BRAND ROAD SHARED -USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
V M S 2543
\R* \\
\' 4� 4W 2W 4W
Soft 1
\ pe gC3a'�N S 30'07'57" W. 30.00'
N 30'07'57" E. 10.00'
\ N 3 �7�7" E
� pB � ��N � \
LPs S
3/4' PI
(FOUND) `� F
THE VILLAS OF EARLINGTON \
CONDOMINIUM \ 0 ? �s9• A o "
6TH AMENDMENT '� J Q ef q�
1.194 ACRES \
C.P.B. 75, PG. 13
D\ ?
P.S. A
O \ \ P... B
JENNIFER K. & SEAN M. SM"
9-
273 - 000446 -00
1.000 ACRES 0.144 ACRES , 3/4 PIPE
INST. #201006120103377 :h (FOUND)
THE VILLAS OF EARLNGTON
CONDOWNIUM
4TH AMENDMENT
1.269 ACRES
C.P.B. 72, PG. 21
• `•` p. �E OF O •.
:�� JEFFREY /0,,
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'WE STILSON
CONSULTING droop
Pride in 16n N" Pm.ioo in our Poo*
BSS E. CAMPUS VIEW BLVD
COLUMBUS, OH 4323S
(614) 847 -4670 n
.S.
LEM
O IRON MONUMENT FOUND
OLP.S. 3/4' I.D. PIPE SET W /CAI' STAMPED ' W .E. STILSON"
K u a MAGNAIL SET
BASIS OF BEARINGS.
THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING
BEIM FRANKLIN COUNTY ENGINEER'S STATIONS 'MEAL'
AND "FCGS 6648' BEING S 15'07'52' E, AS MEASURED USING
GPS METHODS AND THE OHIO STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT).
EXHIBIT A
Page 1 of I
CIP II -022 -CIP
PARCEL 9-P
PROJECT BRAND SUP
Version Date 011713
PARCEL 9-P
DESCRIPTION OF A PERMANENT EASEMENT
FOR A SHARED -USE PATH, UTILITIES, DRAINAGE AND GRADING
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey
Number 2543, being a part of a 1.000 acre tract in the name of Jennifer K. & Sean M. Smith, as recorded
in Instrument No. 201008120103377, all records are referenced to the Franklin County Recorder's Office,
and being more particularly described as follows:
Beginning, for reference, at the northwesterly comer of said 1.000 acre tract, said comer being on the
centerline of Brand Road, and also being the northeasterly corner of a 0.343 acre tract in the name of the
City of Dublin, as recorded in Plat Book 83, Page 3;
Thence, South 30 °07'57" West, a distance of 30.00 feet, with the easterly line of said 0.343 acre tract, to
the True Place of Beginning for the easement herein described:
Thence, South 59 °52'03" East, a distance of 208.59 feet, leaving said line, being parallel with and 30.00
feet southwesterly from said centerline, running across said 1.000 acre tract, to the westerly line of a
0.184 acre tract in the name of the City of Dublin, as recorded in Plat Book 83, Page 3;
Thence, South 30 °07'5T' West, a distance of 2.00 feet, with said line, to a point;
Thence, North 59 °52'03" West, a distance of 208.59 feet, leaving said line, running across said 1.000 acre
tract, to the easterly line of said 0.343 acre tract;
Thence, North 30 °07'57" East, a distance of 2.00 feet, with said line, to the True Place of Beginning,
containing 0.010 acres more or less.
The bearings for this description are based on the bearing between Franklin County Engineer's stations
"MCNEAU' and "FCGS 6648" being South 15 ° 07'52" East, as measured using GPS methods and the
Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment).
I hereby certify this description was written by using measurements obtained by an actual field survey
conducted under my direct supervision.
w•pnuuai,.
��.•` OF O
�z i9 �s lb 5�. •tip
effrey ;gists Surveyor No 7863 Date = :JOHN JEFFREYO
Prepared by: W.E. Stilson Consulting Group. LLC.
RAAB
Job No.: 111013.00 =
(Auditor's Parcel No. 273-000446.00) : p : 7863
Q x%' 9 F• �O
'•'�4d, .G STf A
EXHIBIT B
PARCEL 9 -P
BRAND ROAD SHARED -USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
V.M.S. 2543
` \ \ ao 2W 0. 40
SM 1
AB 3F4i F \
0 2 0 00 7" E .0.8. \ \
\
3/4' PIP
(FOUND)
THE VILLAS OF EARLINGTON \ S ?0 3• R4 P' c \
CONDOMINIUM F N O D ES 0
OL 6TH AMENDMENT '� \ q p R
1.194 ACRES \ ��y q'o N
C.P.B. 75, PG. 13 \ F,� \ .308 3
9
S 30'07'57" W
2.00'
JENNIFER K. & SEAN M. SMITH \ R
273 - 000446 -00 9 -P�
1.000 ACRES 0, ACRES 3/4" PIPE
INST. #201008120103377 _ _ _ _- - _ (FOUND)
THE VILLAS OF EARLINGTON
CONDOMINIUM
4TH AMENDMENT
1.269 ACRES
C.P.B. 72, PG. 21
Y yYo
W E. STILSON .'JOHN EFFREY .
CONSULTING GROUP R B >fl IRON MONUMENT FOUND
n • 78 , ¢
Pride in r6e Dok&. Parrion in our Peo P le. 0
355 E. CAMPUS VIEW BLVD 9<
COLUMBUS, OH 43235 ?' J E BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING
6 847 -4670 '• �lp gvP.•` BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS 'MCNEAL"
, � - �Q�Zeaft�
/ ,0 % AND 'FCGS 6648" BEING S 15'07'52 E, AS MEASURED USING
GPS METHODS A ND THE OHIO STATE PLANE COORDINATE
k .S. 7863 DOE SYSTEM, SOUTH ZONE, NAD 03 (1986 ADJUSTMENT).
EXHIBIT A
Page 1 of l
CIP 11 -022CIP
PARCEL 9 -T
PROJECT BRAND SUP
Version Date I V20112
PARCEL 9 -T
DESCRIPTION OF A TEMPORARY EASEMENT
FOR GRADING AND DRIVE CONSTRUCTION
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey
Number 2543, being a part of a 1.000 acre tract in the name of Jennifer K. & Sean M. Smith, as recorded
in Instrument No. 201008120103377, all records are referenced to the Franklin County Recorder's Office,
and being more particularly described as follows:
Beginning, for reference, at the northwesterly corner of said 1.000 acre tract, said corner being on the
centerline of Brand Road, and also being the northeasterly corner of a 0.343 acre tract in the name of the
City of Dublin, as recorded in Plat Book 83, Page 3;
Thence, South 30 °07'57" West, a distance of 32.00 feet, with the easterly line of said 0.343 acre tract, to
the True Place of Beginning for the easement herein described:
Thence, South 59 °52'03" East, a distance of 208.59 feet, leaving said line, being parallel with and 32.00
feet southwesterly from said centerline, running across said 1.000 acre tract, to the westerly line of a
0.184 acre tract in the name of the City of Dublin, as recorded in Plat Book 83, Page 3;
Thence, South 30 °07'57" West, a distance of 12.00 feet, with said line, to a point, passing a 3/4" iron pipe
(found) at the southwesterly comer of said 0.184 acre tract and the northwesterly comer of a 1.269 acre
tract, known as the 4th amendment to the Villas of Earlington Condominium, as recorded in
Condominium Plat Book 72, Page 21, at a distance of 8.00 feet;
Thence, leaving said line, running across said 1.000 acre pact, for the following three (3) calls:
1.) Thence, North 59 °52'03" West, a distance of 30.00 feet, to a point;
2.) Thence, North 30 ° 07'57" East, a distance of 9.00 feet, to a point;
3.) Thence, North 59 °52'03" West, a distance of 178.59 feet, to the easterly line of said 0.343 acre
tract;
Thence, North 30 ° 07'57" East, a distance of 3.00 feet, with said line, to the True Place of Beginning,
containing 0.021 acres more or less.
The bearings for this description are based on the bearing between Franklin County Engineer's stations
"MCNEAL" and "FCGS 6648" being South 15 °07'52" East, as measured using GPS methods and the
Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment).
I hereby certify this description was written by using measurements obtained by an actual field survey
conducted under my direct supervision.
,� pssnUb 4
� E OF p
Je o egistered Surveyor No 7863 ' S•
'JOHN JEFFREY , •
Date RAAB
Prepamd by: W-E. Stilson Consulting Group, LLC. '
Job No.. 111013-00 : 9 7863 O cc
Parcel (Auditor's Pal Na 273-000446 -00) �0,, . 9� �4
��• S, •.�ISTe J
F
ON
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EXHIBIT B
PARCEL 9 -T
BRAND ROAD SHARED -USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
V.M.S. 2543
` \ 4W 0 . 4 ,
S S�S�03e �fx scft 1 = 40
10
63 IREF. PT
�RZ N
N 30'07' §7" E
P.O.. °
o
3/4" PIP
(FOUND) ��S' 59'52'0 E' \
THE VILLAS OF EARLINGTON 208.59'
CONDOMINIUM
6TH AMENDMENT N 59'52'03" CITY OF DUBLIN,
1.194 ACRES ° 178.59'-,, R 0.184 ACRES
C.P.B. 75, PG. 13 10 Oq�P.B. 83, PG. 3
q �R
9 \ � d r \
JENNIFER K. & M. SMITH 0 - \ �\ S 30'07'57" W
273 - 000446 -00
�? 6 \9007 E 12.00'
1.000 ACRES 9 -T h'1� N
INST. #201008120103377 ���J Q'R
0.021 ACRES �
TEMPORARY EASEMENT 3/4 PIPE
(FOUND)
0 8.00'
THE MLLAS OF EARUNGTON
CONDOMINIUM
4TH AMENDMENT
1.269 ACRES
C.P.B. 72, PG. 21
.•• �E OF p
WE SnLSON :JOHN J FFREYIEGEND;
CONSULTING GROUP RAA : O IRON MONUMENT FOUND
% 786 3�
Pride m N» Details. Passion m our People. = O,�'••'fl� �C? ' 1$
355 E. CAMPUS VIEW BLVD OF FARING$:
� ! P �;
COLUMBUS, 70 F /gTE
43235 v THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING
�ON
leialaa� as�o ��'•: AL S BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS 'MCNEAL"
AND "FCGS 6648 BEING S 15'07'52" E, AS MEASURED USING
N J EY , P.S. 7863 GPS METHODS AND THE OHIO STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, NAD 83 (1986 AD JUSTMENT).