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HomeMy WebLinkAboutOrdinance 53-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Forth No. 30043 53 -13 _ � _ - — — Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.210 ACRES, MORE OR LESS, FEE SIMPLE INTEREST OF WHICH 0.203 ACRES, MORE OR LESS, IS PRESENT ROAD OCCUPIED AND A 0.015 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM DENNIS W. RICHARDSON AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to construct a roundabout and accompany- ing facilities at the intersection of Brand and Coffman Road (the "Project'l; and WHEREAS, , the Project will require the City of Dublin to obtain a fee simple interest and a temporary easement from Dennis W. Richardson, as described and depicted in the attached Exhibits "A" and "B," said property interests located within Franklin County Parcel No. 270 - 000293 -00 in the Township of Washington, County of Franklin, State of Ohio; 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, TPEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _ L1 of the elected members concurring that: Section 1. Council hereby authorizes the City to appropriate, for the purpose of constructing a roundabout and accompanying facilities at the intersection of Brand and Coffman Roads, a 0.210 acres, more or less, Fee Simple Interest in Right -of -Way of which 0.0203 acres, more or less,is Present Road Occupied, and a temporary easement of an approximate 0.015 acres, more or less, from Dennis W. Richardson, Franklin County Parcel No. 270 - 000293 -00, 5195 Brand Road, Dublin, Ohio 43017. Section 2 . Council hereby fixes the value of the interests to be appropriated at Nine Hundred Fifty Dollars ($950). 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 is declared to be an emergency necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that the project is needed to immediately address traffic concerns at the intersection of Brand and Coffman Roads. This ordinance shall therefore be effective upon passage. Passed this ` & c � day of 2013. Mayor - P si ing 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: June 6, 2013 Initiated By: Sara Ott, Sr. Project Manager Memo Re: Ordinance 53 -12 - Authorizing the Appropriation of a 0.210 Acres, More or Less, Fee Simple Interest, of which 0.203 Acres, More or Less, is Present Road Occupied and a 0.015 Acres, More or Less, Temporary Easement from Dennis W. Richardson Background The City of Dublin ( "City ") is preparing to construct intersection improvements and associated pedestrian facilities at the intersection of Brand Road and Coffman Road (the "Project "). The City must obtain property interests from various landowners located within the area of the Project 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 Dennis W. Richardson (the "Grantor "). After multiple attempts to engage in negotiations with the Grantor, it appears that the City may be forced to appropriate the needed property from the Grantor. The City remains hopeful that an amicable resolution can be reached with the Grantor; however, this Ordinance directs the Law Department to file an eminent domain action and use the City's quick take ability in the event that negotiations are unsuccessful and the Project needs to move forward. PROPERTY TO BE APPROPRIATED: The appropriation consists of the following property interests, as depicted in the map attached hereto: Franklin County Parcel No. 270 - 000293 -00 Parcel 7 -WD (Fee Simple) 0.210 ± acres (Present Road Occupied) (0.203 acres) Temporary Easement 0.015± acres Recommendation Staff recommends approval of Ordinance 53 -13 by emergency as the construction of the Project is immediately necessary for public safety. EXHIBIT A Page I of 1 CIP 11-023 -CIP PARCEL 7 -WD PROJECT BRANDICOFFMAN version Date 02/18!13 PARCEL 7 -WD ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED 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 0.998 acre tract in the name of Dennis W. Richardson as described m Instrument Number 200701290017158, 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 Brand Road (60' right of way) and Coffman Road (70' right of way); Thence, South 75 °28'48" East, a distance of 196.77 feet, along the centerline of said Brand Road, to a magnail (set) at the northeasterly comer of a 0.271 acre tract in the name of the City of Dublin, Ohio, as described in Instrument Number 199710210123903, and the True Place of Beginning for the parcel described herein: Thence, South 75 °28'48" East, a distance of 301.26 feet, continuing along the centerline of said Brand Road, to a railroad spike (found) at the northwesterly comer of a 2.319 acre tract in the name of Jon L. & Colleen M. Reynolds, as described in Instrument Number 200708290152547 and also Instrument Number 200003010041001, passing a railroad spike found at the southeasterly comer of a 14.118 acre tract in the name of the City of Dublin, as described in Instrument Number 201203160036653; Thence, South 30 °08'50" West, a distance of 43.97 feet, leaving the centerline of said Brand Road along the westerly line of said 2.319 acre tract, to an iron pipe (set); Thence, North 60 °29'31" West, a distance of 47.72 feet, leaving said property line through said 0.998 acre tract, to an iron pipe (set) on the southerly existing right of way line of said Brand Road; Thence, North 75 ° 28'48" West, a distance of 237.36 feet, along said existing right of way line, through said 0.998 acre tract, to an iron pipe (set) on the most southerly northeast comer of said 0.271 acre tract and the northeasterly comer of a 0.701 acre tract in the name of Matthew S. Young & Tina C. Baucher- Young, as described in Instrument Number 201204030045757; Thence, North 03° 17' 10" East, a distance of 30.59 feet, along the easterly line of said 0.271 acre tract, to the True Place of Beginning, containing 0.210 acres, more or less, from Franklin County Auditor's Permanent Parcel Number 270 - 000293 -00, with 0.203 acres, more or less, being the Present Road 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. Q 10 T STILSON ". Sri. % The bearings for this description are based on the bearing between Franklin County Engineer's stations 0.21v 1► "MCNEAL" and "FCGS 6648" being South 15 °07'52" East, as measured using GPS methods and the OJT dF Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). 61 I hereby certify this description was written by using measurements obtained by an actual field survey OOOZg3 conducted under my direct supervision. ,psaasa0ps�, ze " ��.•�QtE OFO ",� J effrey 00M, OffigRegistered Surveyor No 7863 Date :, yJ0,•• Prepared by: W.E. Std on Consulting Group LLC. : JOHN JEFFREY DL'SC1tJI U0N VERIFIED DEA_ C. RJNGLE, F.E ., , PS BY ez) /V 'ioy C DATE l / I I RAAB 9 7863 ? ¢ •��FS ...STER, J�li ,�,,5'ONA r ts�e ,,�. EXHIBIT B PARCEL 7 -WD BRAND ROAD/ COFFMAN ROAD ROUNDABOUT CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 1 9671 & F 0 N U I� I CITY OF DUBLIN, OHIO 0.271 ACRES L 1199710210122 C17Y OF DUBLIN 270 - 000260 -00 14.118 ACRES INST. #201203160036653 WE N 7 S 2848" W 7—WO 23' 0.210 ACRES O DENNIS W. RICHARDSON 270 - 000293 -00 0.998 ACRES INST. #200701290017158 -- MATTHEW S. YOUNG & TINA C. BAUCHER -YOUNG 270 - 000028 -00 0.701 ACRES INST. J201204030045757 DICKSON H. & JOANNE H. CALL 270 - 000299 -00 2.543 ACRES O.R. 34682, PG. H13 & D.V. 2723, PG. 506 PARCEL J5 INDIAN RUN ACRES (UNRECORDED) /f W. E STILSON CONSULTING GROUP Add. in "Do" Passim, in out People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 4S 111un8 4j � . OF No r,IOHN JEFFREY RAAB y 7863 ?o = 1 $J�• 9 JERRY GARLAND, III It MARSHA M. SPEARS 270 - 000262 -00 8.000 ACRES O.R. 5537. PG. I04, O.V. 3245, PG. 95 & D.V. 2992, PG. 359 r PIE (FOUND) S 75 E JON L & COLLEEN M. REYNOLDS 270 - 000292 -00 2.319 ACRES INST. #200708290152547 & INST. #200003010041001 PARCEL #3 INDIAN RUN ACRES (UNRECORDED) LEGEND: A RAILROAD SPIKE FOUND 0 IRON MONUMENT FOUND OI.P.s. 3/4" I.D. PIPE SET W /CAP STAMPED "W.E. STILSON" XM.N.S. MAGNAIL SET 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 E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE C000NATE SYSTEM, SOUTH ZONE, NAD 83 (1986 EXHIBIT A Page I of I CIP 11-023 -CIP PARCEL 7 -T PROJECT BRAND/COFFMAN Version Date 02/18/13 PARCEL 7 -T 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 0.998 acre tract in the name of Dennis W. Richardson as described in Instrument Number 200701290017158 , 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 Brand Road (60' right of way) and Coffman Road (70' right of way), and the northwesterly comer of a 0.271 acre tract in the name of the City of Dublin, as described in Instrument Number 199710210123903; Thence, South 75 °28'48" East, a distance of 196.77 feet, along the centerline of said Brand Road, to the northeasterly corner of said 0.271 acre tract, said corner being on the southerly line of a 14.118 acre tract in the name of the City of Dublin, Ohio, as described in Instrument Number 201203160036653; Thence, South 03 °17' 10" West, a distance of 30.59 feet, leaving the centerline of said Brand Road along the easterly line of said 0.271 acre tract, to the southeasterly comer of said 0.271 acre tract, also being the northeasterly corner of a 0.701 acre tract in the name of Matthew S. Young & Tina C. Baucher- Young, as described in Instrument Number 201204030045747, and on the southerly existing right of way line of said Brand Road; Thence, South 75 °28'48" East, a distance of 198.69 feet, along the southerly existing right of way line of said Brand Road, through said 0.998 acre tract, to the True Place of Beginning for the parcel described herein: Thence, South 75 °28'48" East, a distance of 38.67 feet, along the southerly existing right of way line of said Brand Road, continuing through said 0.998 acre tract; Thence, South 60 °29'31" East, a distance of 47.72 feet, leaving said existing right of way line, continuing though said 0.998 acre tract, to the westerly line of a 2.319 acre tract in the name of Jon L. & Colleen M. Reynolds, as described in Instrument Number 200708290152547 and also Instrument Number 200003010041001; Thence, South 30 °08'50" West, a distance of 10.00 feet, along the westerly line of said 2.319 acre tract; Thence, North 60 °29'31" West, a distance of 84.96 feet, leaving said property line, through said 0.998 acre tract, to the True Place of Beginning, containing 0.015 acres, more or less, from Franklin County Auditor's Permanent Parcel Number 270 - 000293 -00. 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 COT my t sup ' ion. ,`0e �ru1916" ,. Z �3 �.•` E OF 0" ", Off Jeffre aab hr grstered Surveyor No 7863 Date �•` 5 :�O red by WE. Stilson Consulting Group, LLC. lJOHNJEFFREY . RAAB 7863 ' TE��O • �� S O J S ' EXHIBIT B PARCEL 7 -T BRAND ROAD / COFFMAN ROAD ROUNDABOUT CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 O CITY OF DUBLIN 270 - 000260 -00 14.118 ACRES INST. $201203160036653 1 J 3 � M4 o� N 1� I CITY OF DUBLIN, OHIO 0.271 ACRES 5 25' 50' Scale: 1 50' Q JERRY GARLAND, III k MARSHA M. SPEARS 270 - 000262 -00 8.000 ACRES O.R. 5537, PG. I04, D.V. 3245, PG. 95 & D.V. 2992, PG. 359 A S 03'17'10" W. 30.59' \ \ 9 S 60 E, 47.72' \ \x S\ q NR0 —D— `\ \ ry 7 5284 $ " DENNIS W. RICHARDSON 270 - 000293 -00 7 - 0.998 ACRES 0.015 ACRES INST. #200701290017158 H - MATTHEW S. YOUNG & TINA C. BAUCHER -YOUNG 270 - 000028 -DO 0.701 ACRES INST. #201204030045757 DICKSON H. & JOANNE H. CALL 270 - 000299 -00 2.543 ACRES O.R. 34682, PG. H13 & D.V. 2723, PG. 506 PARCEL #5 INDIAN RUN ACRES (UNRECORDED) /4' PIPE (FOUND) S 75'40'39' E 1 S 30'08'50" W 10.00' JON L. & COLLEEN M. REYNOLDS 270 - 000292 -00 2.319 ACRES INST. #200708290152547 & INST. #200003010041001 PARCEL $3 INDIAN RUN ACRES (UNRECORDED) ° = LEGEND: ® WE. MISON :'JOHN JEFFREY': p RAILROAD SPIKE FOUND CONSULTING GROUP L RAAB O IRON MONUMENT FOUND 7863 c CC Pride in A* D"taNs. Amnion m our People. 355 E. CAMPUS VIEW BLVD % p ._ 9 L T -.e�c� P� • (V � 1 , C STE J BASIS OF BEARINGS: THE BEARINGS FOR THIS SURVEY ARE BASED ON THE COLUMBUS, OH 43235 •.•' ''.;sSi . ..... "' vP �.` '., ONAL S BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS (614) 847 -4670 �•• "MCNEAL" AND "EGGS 6648" BEINGS 15 E, AS Z !j MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 83 (1986 N JEF S. 7863 ATE ADJUSTMENT).