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HomeMy WebLinkAboutOrdinance 28-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 28 -13 Forth No. 30043 Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 0.016 ACRES, MORE OR LESS, PERMANENT SHARED -USE PATH, UTILITIES, DRAINAGE, AND GRADING EASEMENT, A 0.009 ACRES, MORE OR LESS, TEMPORARY EASEMENT, AND A 0.006 ACRES, MORE OR LESS, TEMPORARY EASEMENT, FROM NEAL M. AND NANCY S. HAHN WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path along Brand Road (the "Project'; and WHEREAS, said project requires that the City obtain certain property interests within Franklin County Parcel No. 273 - 001939 -00 owned by Neal M. and Nancy S. Hahn (the "Grantors "), with an address of 5505 Brand Road, Dublin, Ohio 43017, 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 Two Thousand Seven - Hundred Fifty Dollars ($2,750.00); 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, —?_ of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire an approximate 0.016 acres, more or less, permanent shared -use path, utilities, drainage, and grading easement, a 0.009 acres, more or less, temporary easement, and a 0.006 acres, more or less, temporary easement from Neal M. and Nancy S. Hahn for the sum of Two Thousand Seven - Hundred Fifty Dollars ($2,750.00), said property interests located within Franklin County and identified as Parcel No. 273- 001939, 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 2013. May or - • • O fficer ■�'14 Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: April 4, 2013 Initiated By: Sara Ott, Sr. Project Manager Re: Ordinance 28 -13 — Easements from Neal and Nancy Hahn for Brand Road Shared Use Path 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 Neal M. and Nancy S. Hahn (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 Acquiring ACRES APPRAISED COST Permanent Multi -Use, 0.016 $1,099 Utility, Grading and Drainage Easement Temporary Construction 0.009 $100 and Grading Easements 0.006 50 Vegetation /Natural $1,500 Growth Being Removed Total $ 2,750 Recommendation Ordinance 28 -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 28 -13 at the second reading /public hearing on April 22, 2013 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A Page 1 of 1 C1P 11 -022 -CIP PARCEL 11 -P PROJECT BRAND SUP Version Date 01. IT13 PARCEL 11 -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 Neal M. & Nancy S. Hahn, as recorded in Official Record Volume 7606, Page I19, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, at the northeasterly corner 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, and the southeasterly corner of a 0.184 acre tract in the name of the City of Dublin, as recorded in Plat Book 83, Page 3, said corner being on westerly line of said 1.000 acre tract, and also being the True Place of Beginning for the easement herein described: Thence, South 54 °55'50" East, a distance of 64.48 feet, parallel with and 40.00 feet southwesterly from the existing centerline of Brand Road, leaving said property line, with said highway easement, to a point; Thence, North 78 °07'45" West, a distance of 38.08 feet, leaving said highway easement, running across said 1.000 acre tract, to a point; Thence, North 54 °55'50" West, a distance of 29.48 feet, to a point on the easterly line 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; Thence, North 35'04'10" East, a distance of 15.00 feet, with said line, to the True Place of Beginning, containing 0.016 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. '6%111111188 It OF 0 JOHN JEFFREY RAAB ' 7863 S ••••..... - • Q. . •, , GNA e,s ����. Prepared by: W. E. Stilson Consulting Group, LLC. Job No.: 111013.00 (Auditor's Parcel No. 273 -001939 -00) EXHIBIT B PARCEL 11 -P BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 Q. 20' 0' 20' 40' \ ti Scale: 1 = 40 \ p 0 \ s�l/,�, \ SO. F-I' N 35'04'10" E Sit. \F sy 15.00' SSSO,, B . \ F G �y 10 N�� Lq \ N 54 W A p�P /�c \ THE VILLAS OF /9.4 EARLINGTON q\ \ CONDOMINIUM 11 -P 4TH AMENDMENT N 78'07'45' W\ 1.269 ACRES 0.016 ACRES 38 C.P.B. 72, PG. 2 PERMANENT EASEMENT NEAL M. & NANCY S. HAHN Z \ 273 - 001939 -00 \y O9 1.000 ACRES \ O.R. 7606, PG. I19 3/4" PIPE (FOUND) PRINCE OF PEACE LUTHERAN CHURCH 4.071 ACRES O.R. 12563, PG. A10 .ti i . ,0 EGA WE STILSON JOHN JEFFREY'; % O IRON MONUMENT FOUND CONSULTING GROUP RAAB RAILROAD SPIKE FOUND w - 9 : 7863 ¢ BASIS OF BEARINGS: Pride in the Details. Passion in our People. O •.� ' O 355 E. CAMPUS VIEW BLVD ; THE BEARINGS FOR THIS SURVEY ARE BASED ON • 'n ��. °' . COLUMBUS, OH 43235 '.!sTE ?.• ' J� �: ENGINEER BEARING BETWEEN FRANKLIN COUNTY (614) 847 -4670 ,�'• , S ��,, ' S STATIONS " MCNEAL " AND " FCGS 6648 4zave *DAT '' BEING S 15'07'52" E, AS MEASURED USING GPS z METHODS AND THE OHIO STATE PLANE COORDINATE JOHN J R B, P.S. 7863 SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT). EXHIBIT A PARCEL 11 -T -1 DESCRIPTION OF A TEMPORARY EASEMENT FOR 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 Neal M. & Nancy S. Hahn, as recorded in Official Record Volume 7606, Page I19, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner 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, and the southeasterly corner of a 0.184 acre tract in the name of the City of Dublin, as recorded in Plat Book 83, Page 3, said corner being on the westerly line of said 1.000 acre tract; Thence, South 35'04'10" West, a distance of 15.00 feet, with the easterly line of said 1.269 acre tract, to the True Place of Beginning for the easement herein described: Thence, South 54 °55'50" East, a distance of 29.48 feet, being parallel with and 55.00 feet southwesterly from the existing centerline of Brand Road, leaving said property line, running across said 1.000 acre tract, to a point; Thence, South 78 °07'45" East, a distance of 38.08 feet, running across said 1.000 acre tract, to a point on the southerly existing highway easement for Brand Road; Thence, South 54 ° 55'50" East, a distance of 13.46 feet, parallel with and 40.00 feet southeasterly from said centerline, with said highway easement, to a point; Thence, North 78 °09'24" West, a distance of 50.72 feet, leaving said highway easement, running across said 1.000 acre tract, to a point; Thence, North 54 ° 55'50" West, a distance of 31.33 feet, running across said 1.000 acre tract, to the easterly line of said 1.269 acre tract; Thence, North 35'04'10" East, a distance of 5.00 feet, with said line, to the True Place of Beginning, containing 0.009 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. OF 0 • :'JOHN JEFFREY'': RAAB -° 7863 ¢ ` p .,p �Q:• s/STEP �J�•. " AL Prepared by: W.E. Stilson Consulting Group, LLC. Job No.. 111013.00 (Auditor's Parcel No. 273 -001939 -00) Page 1 of 1 CIP 11 -022 -CIP PARCEL 11 -T -1 PROJECT BRAND SUP Version Date 11/20/12 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 Neal M. & Nancy S. Hahn, as recorded in Official Record Volume 7606, Page I19, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner 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, and the southeasterly corner of a 0.184 acre tract in the name of the City of Dublin, as recorded in Plat Book 83, Page 3, said corner being on the westerly line of said 1.000 acre tract; Thence, South 35'04'10" West, a distance of 15.00 feet, with the easterly line of said 1.269 acre tract, to the True Place of Beginning for the easement herein described: Thence, South 54 °55'50" East, a distance of 29.48 feet, being parallel with and 55.00 feet southwesterly from the existing centerline of Brand Road, leaving said property line, running across said 1.000 acre tract, to a point; Thence, South 78 °07'45" East, a distance of 38.08 feet, running across said 1.000 acre tract, to a point on the southerly existing highway easement for Brand Road; Thence, South 54 ° 55'50" East, a distance of 13.46 feet, parallel with and 40.00 feet southeasterly from said centerline, with said highway easement, to a point; Thence, North 78 °09'24" West, a distance of 50.72 feet, leaving said highway easement, running across said 1.000 acre tract, to a point; Thence, North 54 ° 55'50" West, a distance of 31.33 feet, running across said 1.000 acre tract, to the easterly line of said 1.269 acre tract; Thence, North 35'04'10" East, a distance of 5.00 feet, with said line, to the True Place of Beginning, containing 0.009 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. OF 0 • :'JOHN JEFFREY'': RAAB -° 7863 ¢ ` p .,p �Q:• s/STEP �J�•. " AL Prepared by: W.E. Stilson Consulting Group, LLC. Job No.. 111013.00 (Auditor's Parcel No. 273 -001939 -00) EXHIBIT B PARCEL 11 -T -1 BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 40' 20' 0' 20' 40' Scale: 1 = 40 C \ 8� AC /N \ \ c� ` \ REF. PT � \ P.O.B. S 54'55'50" E mo o ° 29.48' S 10 N 35'04'10" E t4� THE VILLAS OF 5.00 S 78'07'45" E L EARLINGTON SAS ` 38.08' �VD,q'QiF \ CONDOMINIUM S� S Sp S 4TH AMENDMENT S' N S 54'55'50" E '�' p. \ 1.269 ACRES \ 8 'pg 24 W 13.46 q\ \ C.P.B. 72, PG. 21, 11 -T -1 . 7 0.009 ACRES TEMPORARY EASEMENT L u 0 . A� yob NEAL M. & NANCY S. HAHN 9� 273 - 001939 -00 1.000 ACRES \ O.R. 7606, PG. I19 3/4" PIPE (FOUND PRINCE OF PEACE LUTHERAN CHURCH 4.071 ACRES O.R. 12563, PG. A10 �f0ifff,� OF •'� G �� y ��� * '� LEGEND: WE STILSON e : 'JOHN JEFFREY' O IRON MONUMENT FOUND CONSULTING GROUP RAAB A RAILROAD SPIKE FOUND 7863 BASIS OF BEARINGS: Pride in the Details. Passion in our People. s O ' . p p : • O 355 E. CAMPUS VIEW BLVD 0 THE BEARINGS FOR THIS SURVEY ARE BASED ON '�� F � G�STEp F' COLUMBUS, OH 43235 THE BEARING BETWEEN FRANKLIN COUNTY ��tss,'••.`.......•'�J ��� (614) 847 -4670 '.,TONAL s 0 ENGINEER'S STATIONS "MCNEAL" AND "FCGS 6648" BEING S 15'07'52" E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE HN JEF RAAB, P.S. 7863 ATE SYSTEM, S OUTH ZONE, NAD 83 (1986 ADJUSTMENT). EXHIBIT A PARCEL 11 -T -2 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 Neal M. & Nancy S. Hahn, as recorded in Official Record Volume 7606, Page I19, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner of said 1.00 acre tract, said corner being on the centerline of Brand Road, and also being the northwesterly corner of a 4.071 acre tract in the name of Prince of Peace Lutheran Church, as recorded in Official Record Volume 12563, Page A10; Thence, South 35'04'10" West, a distance of 40.00 feet, with the westerly line of said 4.071 acre tract, to a point on the southerly existing highway easement for Brand Road, said point being the True Place of Beginning for the easement herein described: Thence, South 35'04'10" West, a distance of 10.00 feet, with said highway easement and said property line, to a 3/4" pipe (found); Thence, North 54 °55'50" West, a distance of 28.17 feet, parallel with and 50.00 feet southwesterly from said centerline, leaving said property line and said highway easement, running across said 1.000 acre tract, to a point; Thence, North 35'04'10" East, a distance of 10.00 feet, to a point on said highway easement; Thence, South 54 °55'50" East, a distance of 28.17 feet, parallel with and 40.00 feet southwesterly from said centerline, with said highway easement, to the True Place of Beginning, containing 0.006 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. ♦ ♦' ��eeteeee��� ,, .. .. ... . .. . Oy� % . o': `JOHN JEFFREY'. v RAAB - 7863 = r '.�, SS ��STEP .•�Jv.� ., /0 . s ♦ ♦ ♦� Prepared by: W.E. Stilson Consulting Group, LLC. Job No.: 111013.00 (Auditor's Parcel No. 273 -001939 -00) Page 1 of 1 CIP 11 -022 -CIP PARCEL 11 -T -2 PROJECT BRAND SUP Version Date 11120/12 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 Neal M. & Nancy S. Hahn, as recorded in Official Record Volume 7606, Page I19, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner of said 1.00 acre tract, said corner being on the centerline of Brand Road, and also being the northwesterly corner of a 4.071 acre tract in the name of Prince of Peace Lutheran Church, as recorded in Official Record Volume 12563, Page A10; Thence, South 35'04'10" West, a distance of 40.00 feet, with the westerly line of said 4.071 acre tract, to a point on the southerly existing highway easement for Brand Road, said point being the True Place of Beginning for the easement herein described: Thence, South 35'04'10" West, a distance of 10.00 feet, with said highway easement and said property line, to a 3/4" pipe (found); Thence, North 54 °55'50" West, a distance of 28.17 feet, parallel with and 50.00 feet southwesterly from said centerline, leaving said property line and said highway easement, running across said 1.000 acre tract, to a point; Thence, North 35'04'10" East, a distance of 10.00 feet, to a point on said highway easement; Thence, South 54 °55'50" East, a distance of 28.17 feet, parallel with and 40.00 feet southwesterly from said centerline, with said highway easement, to the True Place of Beginning, containing 0.006 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. ♦ ♦' ��eeteeee��� ,, .. .. ... . .. . Oy� % . o': `JOHN JEFFREY'. v RAAB - 7863 = r '.�, SS ��STEP .•�Jv.� ., /0 . s ♦ ♦ ♦� Prepared by: W.E. Stilson Consulting Group, LLC. Job No.: 111013.00 (Auditor's Parcel No. 273 -001939 -00) EXHIBIT B PARCEL 11 -T -2 BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 40' 20' 0' 20' 40' 40 0 op \ s \ S Sp., THE VILLAS OF EARLIN \ \F � CONDOMINIUM � \ 4TH AMENDMENT G \ 0' \ 1.269 ACRES \S E9 q\ \ C.P.B. 72, PG. 21 \O, REF. PT. Si 54'55'50" E NEAL M. & NANCY S. HAHN \ Sy 28.17 p o 273 - 001939 -00 �. " P.O.B. �p 1.000 ACRES N 35'04 10 E O.R. 7606, PG. I19 10.00' N 54'55'50" W 28.17' 11 -T -2 3/4" PIPE (FOUND) 0.006 ACRES S 35'04'10" W 10.00' TEMPORARY EASEMENT p� PRINCE OF PEACE �`'� LUTHERAN CHURCH 4.071 ACRES O.R. 12563, PG. A10 ,er �rirrrte eee _G O,y�••• •' JOHN JEFFREY WE. STILSON RAAB CONSULTING GROUP p 7863 ? ¢ O Pride in the Details. Passion in our People. 355 E. CAMPUS VIEW BLVD COL 84 BS, 4335 *" **/0 IVA; HN J EY , .S. 7863 DATE LEGEND: O IRON MONUMENT FOUND A RAILROAD SPIKE FOUND BASIS OF BEARINGS: THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS "MCNEAL" AND "FCGS 6648" BEING S 15'07'52" E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 8 (1 ADJUSTMENT).