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HomeMy WebLinkAboutOrdinance 29-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 dinance No. 29 -13 Passed 20. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 0.127 ACRES, MORE OR LESS, FEE SIMPLE INTEREST (WITH 0.127 ACRES AS PRESENT ROAD OCCUPIED), A 0.024 ACRES, MORE OR LESS, PERMANENT SHARED -USE PATH, UTILITIES, DRAINAGE, AND GRADING EASEMENT, A 0.015 ACRES, MORE OR LESS, TEMPORARY EASEMENT, AND A 0.017 ACRES, MORE OR LESS, TEMPORARY EASEMENT, FROM ANGELA HALEY, T.O.D. 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 - 000437 -00 owned by Angela Haley, T.O.D. (the "Grantor "), with an address of 5705 Brand Road, Dublin, Ohio 43016, 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 Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interests for the sum of Six Thousand Two - Hundred Fifty Dollars ($6,250.00); and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ir of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire an approximate 0.127 acre, more or less, fee simple interest (with 0.127 acres as present road occupied), a 0.024 acres, more or less, permanent shared -use path, utilities, drainage, and grading easement, a 0.015 acres, more or less, temporary easement, and a 0.017 acres, more or less, temporary easement from Angela Haley, T.O.D. for the sum of Six Thousand Two - Hundred Fifty Dollars ($6,250.00), said property interests located within Franklin County and identified as Parcel No. 273 - 000437, 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 2 day of 2013. Ail 110 ,1 .101 • ding Officer ATTEST: 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 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 29 -13 — Use Path Background Memo Easement 4m Angela Hale for Brand Road ha g y Shared 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 Angela Haley, T.O.D. (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 0.127 $1 P. R.O. Permanent Multi -Use, 0.024 $1,599 Utility, Grading and Drainage Easement Temporary Construction 0.015 $150 and Grading Easements 0.017 200 Vegetation /Natural $4,300 Growth Being Removed Total $ 6,250 Recommendation Ordinance 29 -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 29 -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 CIP 11 -022 -CIP PARCEL 4WD PROJECT BRAND SUP Vernon Date 12/06/12 PARCEL 4-W11 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 2544, being a part of a 1.545 acre tract in the name Angela Haley, T.O.D., as recorded in Deed Volume 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.), all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at a railroad spike (found) at the centerline intersection of Ashbaugh Road and Brand Road; Thence, North 79 ° 22'57" West, a distance of 459.60 feet, along the centerline of Brand Road, to a magnail (set) at the northwesterly comer of a 1.000 acre tract in the name of Michael C. Christman, as recorded in Instrument No.200405110107952, and being the True Place of Beginning for the parcel herein described: Thence, South 03 ° 10'57" East, a distance of 30.89 feet, along the westerly line of said 1.000 acre tract, to an iron pipe (set) on the southerly existing highway easement for Brand Road; Thence, North 79 ° 22'57" West, a distance of 185.00 feet, leaving said westerly line and running across said 1.545 acre tract, being parallel with and 30.00 feet perpendicular to the existing centerline of Brand Road, to an iron pipe (set) on the easterly line of a 1.921 acre tract in the name of Michael A. Wade, as recorded in Instrument No. 200111280274896; Thence, North 03 ° 10'57" West, a distance of 30.89 feet, along the easterly line of said 1.921 acre tract, to a magnail (set) in the centerline of Brand Road at the northeasterly corner of said 1.921 acre tract; Thence, South 79 ° 22'57 East, a distance of 185.00 feet, along the centerline of Brand Road to the True Place of Beginning, containing 0.127 acres more or less, of which 0.127 acres is in the Present Roadway Occupied (P.R.O.). Iron Pipes set are 3/4 inch inside diameter iron pipes, 30 inches long, with a yellow cap stamped "W.E. STILSON". 4 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 ON of 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. .01blm -JeffrKy Raab, Olio Registered Surveyor No 7863 Date : : JOHN JEFFREY ' Prepared by W.E. Sfilaon Consulting Group, LLC, RAAB Job No.. 111013.00 - L . 0 7863 ' cc Parcel (Auditor's No 273-000437-00) J I?L5t P13'flli d �i+L'.Ii�7ED .� - O DEAN C. ttLNaR P.&, P.S. • O l •. F PSG • i •., FS . G�sTE PJ` ��.• 134 /O 5 v �� EXHIBIT B PARCEL 4 -WD BRAND ROAD SHARED -USE PATH CRY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2544 ' 3W 3W w Soar 1 S N 03'10'57 lH S 30.89 1 ,� ��_ : y ll sos 7g�57 W S 03'10'SJ" E a 1 p s 30.89 0.127 ACRES !RmffyPT %slovalloll", 0, ......... . •'. JOHN JEFFREY i RAAB 9 p 7863 , ?o va C NSUMNG oN CONSULTING GROUP Ddm1s Pamdm, in ow Pla*e. 355 E CAMPUS VIEW BLVD COLUMBUS, OH 43235 Irma Bay -4em I �L ACHN S. 7863 DATE ES A RAILROAD SPIKE FOUND 0 IRON MONUMENT FOUND 4/LP.s. 3/4" I.D. PIPE SET W /CAP STAMPED *W.E. SRLSON" > m N q MAGNAIL SET THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS "MCNEAL" AND "FCGS 6648" BEING S 15'0752' E, AS MEASURED USING GPS METHODS AND THE OHK1 STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT). W � O QQ MICHAEL C. CHRISTMAN MICHAEL A. WADE " 273- 001440 -00 273 - 000379 -00 ® 1.000 ACRE 1.921 ACRES INST. #200405110107952 INST. #200111280274896 ANGELA HALEY, T.O.D. 273 - 000437 -00 1.545 ACRES D.B. 1975, PG. 614 INST. #200811280171587(T.O.D.) %slovalloll", 0, ......... . •'. JOHN JEFFREY i RAAB 9 p 7863 , ?o va C NSUMNG oN CONSULTING GROUP Ddm1s Pamdm, in ow Pla*e. 355 E CAMPUS VIEW BLVD COLUMBUS, OH 43235 Irma Bay -4em I �L ACHN S. 7863 DATE ES A RAILROAD SPIKE FOUND 0 IRON MONUMENT FOUND 4/LP.s. 3/4" I.D. PIPE SET W /CAP STAMPED *W.E. SRLSON" > m N q MAGNAIL SET THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS "MCNEAL" AND "FCGS 6648" BEING S 15'0752' E, AS MEASURED USING GPS METHODS AND THE OHK1 STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT). EXHIBIT A Page 1 of I CIP I1 -022 -CIP PARCEL 4-P PROJECT BRAND SUP Version Date 011713 PARCEL 4-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 2544, being a part of a 1.545 acre tract in the name Angela Haley, T.O.D., as recorded in Deed Volume 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.), 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 1.545 acre tract, said comer being on the centerline of Brand Road, and also being the northeasterly comer of a 1.921 acre tract in the name of Michael A. Wade, as recorded in Instrument No. 200111280274896; Thence, South 03 °10'57" East, a distance of 30.89 feet, with the easterly line of said 1.921 acre tract, to a point on the southerly existing highway easement for Brand Road, said point also being the True Place of Beginning for the easement herein described: Thence, South 79 °22'57" East, a distance of 185.00 feet, being parallel with and 30.00 feet from said centerline, leaving said property line with said southerly existing highway easement, to a point on the westerly line of a 1.000 acre tract in the name of Michael C. Christman, as recorded in Instrument No. 200405110107952; Thence, South 03 °10'57" East, a distance of 8.24 feet, leaving said southerly existing highway easement, with the westerly line of said 1.000 acre tract, to a point; Thence, leaving said line and running across said 1.545 acre tract, for the following six (6) calls: 1.) Thence, North 77 West, a distance of 46.53 feet, to a point; 2.) Thence, South 12 °46'44" West, a distance of 8.00 feet, to a point; 3.) Thence, North 77° 13' 16" West, a distance of 10.00 feet, to a point; 4.) Thence, North 12 °46'44" East, a distance of 8.00 feet, to a point; 5.) Thence, North 77° 13'l 6" West, a distance of 49.53 feet, to a point; 6.) Thence, North 79 °22'57" West, a distance of 80.00 feet to a point on the easterly line of said 1.921 acre tract; Thence, North 03 °10'57" West, a distance of 4.12 feet, with said line, to the True Place of Beginning, containing 0.024 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. f" . .•`�n1E OF O e e Jeffrey b, Ohio -Registered Surveyor No 7863 Date �,•� jOHN JEFFREYO Prepared by: W.E. Stilson Consulting Group, LLC. Job No.: 111013.00 RAAB (Auditor's Parcel No. 273-000437-00) 9 7863 � .,�* ,'ONA „s,,,,•. EXHIBIT B PARCEL 4 -P BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2544 e' 30' 0' 30' W --� 4 Sedx I' - 60 SH _ REF. PT w N �— S 7 ` 9 ?? 55' E 3/4' PIPE (FOUND) N 03'10'57 W 2 257° E 185. _ — _ 4.12' EX. TELEPHONE EASEMENT 79'22'57 W D! 80.00' N 7T13'16' W- — _ SH D.V. 3628, PG. 553 49. §3' N 1746 44' E S 03'10' §7° E_ 8.00' 8.24 4 -P N 7713'16" W 10.00' N 7713'1p W 0.024 ACRES s 128.00 W 46.53 0 MICHAEL A. WADE 273 - 000379 -00 '" 1.921 ACRES INST. #200111280274896 WE STILSON CONSULTING GROUP pme in fho Dowlt. Pinion m our poopb. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 7863 PERMANENT EASEMENT ANGELA HALEY, T.O.D. 273 - 000437 -00 1.545 ACRES D.B. 1975, PG. 614 INST. #200811280171587(T.O.D.) o CE OF 0 ` , , , . �. � � ............ . HN JEFFREY :• RAAB 7863 1 1111 r 411 O MICHAEL C. CHRISTMAN 273 - 001440 -00 1.000 ACRE INST. #200405110107952 "GEND: O IRON MONUMENT FOUND 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 83 (1986 ADJUSTMENT). EXHIBIT A Page 1 of 1 C1P 11-022-CIP PARCEL 4 -T -1 PROJECT BRAND SUP Version Date 11/20/12 PARCEL 4-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 2544, being a part of al.545 acre tract in the name Angela Haley, T.O.D., as recorded in Deed Volume 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.), 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 1.545 acre tract, said comer being on the centerline of Brand Road, and also being the northeasterly corner of a 1.921 acre had in the name of Michael A. Wade, as recorded in Instrument No. 200111280274896; Thence, South 03 °10'57" East, a distance of 35.01 feet, with the easterly line of said 1.921 acre tract, to a point, said point being the True Place of Beginning for the easement herein described: Thence, leaving said line, and running across said 1.545 acre tract, parallel with and 34.00 feet from said centerline, for the following five (5) calls: 1.) Thence, South 79 °22'57" East, a distance of 80.00 feet, to a point; 2.) Thence, South 77 °13' 16" East, a distance of 49.53 feet, to a point; 3.) Thence, South 12 °46'44" West, a distance of 5.00 feet, to a point; 4.) Thence, North 77° 13' 16" West, a distance of 49.43 feet, to a point; 5.) Thence, North 79 °22'57" West, a distance of 78.68 feet, to a point on the easterly line of said 1.921 acre tract; Thence, North 03 °10'57" West, a distance of 5.15 feet, with said line, to the Tine Place of Beginning, containing 0.015 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. _ ,, � 4 aaaaaa 4,. of OyO,': JeffierMidF,01iMregistered Surveyor No 7863 Date JOHN JEFFREY Prepared by: W.E. Stilson Consulting Group, LLC. RAAB Job No,; 1 11013.00 (Auditor's Parcel No. 273 -000437-00) 7863 9• •p: p F /STEP'' ' /0 s sss 8 ars EXHIBIT B PARCEL 4 -T -1 � EX N 03"10'57" 5.15' MICHAEL A. WADE 273 - 000379 -00 1.921 ACRES INST. #200111280274896 W S C 'TILSON CONSULTING GROUP Pride in fLe Details. Passion in ow peoplo. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 n BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2544 SH PT ° S R E A �� _ S79122' � _ I 80.00' S 7T13'16" E _ E_ 3/4" PIPE (FOUND 49.53' S 12'46'44" W J 79'22'57" W 5.00' D! SH 78.68' N 7T13'16" W 49.43' 4 -T -1 DC TELEPHONE EASEMENT 0.015 ACRES D.V. 3628, PG. 553 TEMPORARY EASEMENT ANGELA HALEY, T.O.D. 273 - 000437 -00 1.545 ACRES ` D.B. 1975, PG. 614 ` INST. #200811280171587(T.O.D.) , • • . + . ........... .'JOHN JEFFREY ' RAAB ¢ ,�'•. / pNAL SJ MICHAEL C. CHRISTMAN 273 - 001440 -00 1.000 ACRE INST. #200405110107952 BHP: O IRON MONUMENT FOUND 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 83 (1986 ADJUSTMENT). EXHIBIT A PARCEL 4-T -2 DESCRIPTION OF A TEMPORARY EASEMENT FOR GRADING AND DRIVE CONSTRUCTION Page 1 of I CIP 11-022 -CIP PARCEL 4 -T -2 PROJECT BRAND SUP Version Date 1 1/20/12 Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey Number 2544, being a part of al.545 acre tract in the name Angela Haley, T.O.D., as recorded in Deed Volume 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.), all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly comer of said 1.545 acre tract, said corner being on the centerline of Brand Road, and also being the northwesterly comer of a 1.000 acre tract in the name of Michael C. Christman, as recorded in Instrument No. 200405110107952; Thence, South 03 °10'57" East, a distance of 39.13 feet, with the westerly line of said 1.000 acre tract, to a point, said point being the True Place of Beginning for the easement herein described: Thence, South 03 °10'57" East, a distance of 15.73 feet, with the westerly line of said 1.000 acre tract, to a point; Thence, leaving said line, and running across said 1.545 acre tract, for the following three (3) calls: 1.) Thence, North 77 °04' 15" West, a distance of 50.85 feet, to a point; 2.) Thence, North 12 °46'44" East, a distance of 14.99 feet, to a point; 3.) Thence, South 77 °13' 16" East, a distance of 46.53 feet, to the True Place of Beginning, containing 0.017 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. t / O F /-w ,• �P...........ti, ohn Je Raa , io Registered Surveyor No 7863 Date •'� .O Prepared by! W.E. Stilson Consulting Group, LLC. :'JOHN JEFFREY i Job No.: 111013.00 RAAB - (Auditor's Parcel No. 273 -000437 -00) : Q 7863 ; Cr O'9 O . . .. ....... ... • sT *,,*BONA; f S ���.. EXHIBIT B PARCEL 4 -T -2 BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2544 6B' ao in 30 � w sca« t - 60 SH q- R _ ASH S 7922 a - REF. Pi _ _3/4 PIPE (FOUND) S 77'13'16" E 46.53'1 co EX. TELEPHONE EASEMENT - ` D.V. 3628, PG. 553 N 12'46'44 E 14.99' MICHAEL A. WADE 273 - 000379 -00 1.921 ACRES INST. #200111280274896 W S'TILSoN C ONSULTING GROUP Pride in the Details. Passion in our People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 T- S 03 E 15.73' 0.017 ACRES TEMPORARY EASEMENT ANGELA HALEY. T.O.D. 273 - 000437 -00 1.545 ACRES D.B. 1975, PG. 614 INST. #200811280171587(T.O.D.) • - E OF P,........ , 0 ' "JOHN JEFFREY': RAAB - y 7863 ? ¢ O •9 Q /STEV� /,�'• / Ir i ����nu�as O MICHAEL C. CHRISTMAN 273 - 001440 -00 1.000 ACRE INST. #200405110107952 O IRON MONUMENT FOUND 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 S SOUTH ZONE, NAD 83 (1986 ADJUSTMENT)