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HomeMy WebLinkAboutOrdinance 42-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No, 42 -13 Form No.30043 Passed .20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.420 ACRES, MORE OR LESS, FEE SIMPLE INTEREST ALL OF WHICH IS PRESENT ROAD OCCUPIED, FROM BRAND ROAD INVESTMENT CO., LTD. WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -us path along Brand Road (the "Project'; and WHEREAS, said roadway project requires that the City obtain certain property interests in Franklin County and owned by Brand Road Investment Co. Ltd., described and depicted in Exhibits "A" and "B "; and WHEREAS, Brand Road Investment Co., Ltd. is willing to dedicate the property interests in Exhibits "A" and "B," and the City is willing to accept said dedication. NOW, THEREFgRE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, L. of the elected members concurring that: Section 1. The City hereby authorizes the City Manager to execute any and all documentation necessary to accept the dedication of an approximate 0.420 acres fee simple interest, all of which is present road occupied, as described and depicted in Exhibits "A" and "B." Section 2. This ordinance shall go into effect at the earliest time permitted by law. Passed this day of 2013. i • � O fficer ATTEST: Clerk of Council I cityof 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: May 16, 2013 Initiated By: Sara Ott, Sr. Project Manager Memo Re: Ordinance 42 -13 — Authorizing the City Manager to Execute Necessary Conveyance Documentation to Accept the Dedication of 0.420 Acres, More or Less, Fee Simple Interest, All of Which is Present Road Occupied, from Brand Road Investment Co., Ltd. Background The City of Dublin ( "City ") is preparing to construct a shared use path on the south 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. One of the landowners that the City must obtain property interests from for the construction of the Project is Brand Road Investment Co., Ltd (the "Grantor "). After engaging in amicable negotiations, the Grantor has agreed to donate the property interests at no cost to the City. 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 acquisition is detailed below: Property Interest PROPOSED Acquiring ACRES Present Road Occupied 0.420 P. R.O. Total $0 Recommendation Ordinance 42 -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 42 -13 at the second reading /public hearing on June 10, 2013 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A PARCEL 17 -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 56.243 acre tract in the name of Brand Road Investment Co., Ltd., as recorded in Official Record Volume 221, Page D17, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning for reference at the intersection of Brand Road and Earlington Parkway (60' R/W) as shown on the recorded subdivision plat of Earlington Village Section 2 as described in Plat Book 65, Page 14; Thence North 45 °58'13 " West, a distance of 55.00 feet along the centerline of said Brand Road to a magnail (set) being the northwesterly corner of said Earlington Parkway and the True Place of Beginning for the parcel herein described: Thence, South 44 °01'47" West, a distance of 40.00 feet, along the westerly existing right of way line of said Earlington Parkway, to an iron pipe (set) on the northerly existing right -of -way for Brand Road; Thence, continuing along the westerly existing right of way line of said Earlington Parkway a distance of 39.27 feet along the arc of a non - tangent curve deflecting to the right, having a central angle of 90 ° 00'00 ", a radius of 25.00 feet, and a chord that bears South 00'58'13" East, a distance of 35.35 feet to an iron pipe (set); Thence, South 44 °01'47" West, a distance of 10.00 feet, continuing along the westerly existing right of Earlington Parkway, to an iron pipe (set) at the northeasterly 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, leaving said right -of -way along the northeasterly line of said 4.071 acre tract a distance of 39.27 feet along the arc of a non - tangent curve deflecting to the left, having a central angle of 90 °00'00 ", a radius of 25.00 feet, and a chord that bears North 00'58'13" West, a distance of 35.36 feet, to an iron pipe (set); Thence, North 45'58'13" West, a distance of 357.11 feet, continuing along the northeasterly line of said 4.071 acre tract, to a 3/4" I.D. pipe (found) at the northwesterly corner of said 4.071 acre tract also being on the southeasterly line of a 1.000 acre tract in the name of Neal M. & Nancy S. Hahn, as described in Official Record Volume 7606, Page I19; Thence, North 35'04'10" East, a distance of 50.62 feet, along the easterly line of said 1.000 acre tract, to a railroad spike (found) at an angle point in the centerline of Brand Road; Thence, South 45'58'13" East, a distance of 365.00 feet, along the centerline of Brand Road, to the True Place of Beginning, containing 0.420 acres more or less, of which 0.420 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 ". 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 MY, John Jeffs Raab, Oh i5 Registered Surveyor No 7863 Prepared by: W.E. Stilson Consulting Group, LLC. Job No.: 111013.00 * U !L ! /Z Date PRELIMINARY { APPROVAL FRANKLIN COUNTY ENGINEERING DEPT. DATE. I 2 .�I . U 12 BY. eno P� ..O F ,�•'•. C 4 JOHN JEFFREY RAAB 7863 ' cr s • �' e,,ONAL s;�� �8n151N Page 1 of 1 CIP 11 -022 -CIP PARCEL 17 -WD PROJECT BRAND SUP Version Date 1212:'12 PARCEL 17 -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 56.243 acre tract in the name of Brand Road Investment Co., Ltd., as recorded in Official Record Volume 221, Page D17, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning for reference at the intersection of Brand Road and Earlington Parkway (60' R/W) as shown on the recorded subdivision plat of Earlington Village Section 2 as described in Plat Book 65, Page 14; Thence North 45 °58'13 " West, a distance of 55.00 feet along the centerline of said Brand Road to a magnail (set) being the northwesterly corner of said Earlington Parkway and the True Place of Beginning for the parcel herein described: Thence, South 44 °01'47" West, a distance of 40.00 feet, along the westerly existing right of way line of said Earlington Parkway, to an iron pipe (set) on the northerly existing right -of -way for Brand Road; Thence, continuing along the westerly existing right of way line of said Earlington Parkway a distance of 39.27 feet along the arc of a non - tangent curve deflecting to the right, having a central angle of 90 ° 00'00 ", a radius of 25.00 feet, and a chord that bears South 00'58'13" East, a distance of 35.35 feet to an iron pipe (set); Thence, South 44 °01'47" West, a distance of 10.00 feet, continuing along the westerly existing right of Earlington Parkway, to an iron pipe (set) at the northeasterly 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, leaving said right -of -way along the northeasterly line of said 4.071 acre tract a distance of 39.27 feet along the arc of a non - tangent curve deflecting to the left, having a central angle of 90 °00'00 ", a radius of 25.00 feet, and a chord that bears North 00'58'13" West, a distance of 35.36 feet, to an iron pipe (set); Thence, North 45'58'13" West, a distance of 357.11 feet, continuing along the northeasterly line of said 4.071 acre tract, to a 3/4" I.D. pipe (found) at the northwesterly corner of said 4.071 acre tract also being on the southeasterly line of a 1.000 acre tract in the name of Neal M. & Nancy S. Hahn, as described in Official Record Volume 7606, Page I19; Thence, North 35'04'10" East, a distance of 50.62 feet, along the easterly line of said 1.000 acre tract, to a railroad spike (found) at an angle point in the centerline of Brand Road; Thence, South 45'58'13" East, a distance of 365.00 feet, along the centerline of Brand Road, to the True Place of Beginning, containing 0.420 acres more or less, of which 0.420 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 ". 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 MY, John Jeffs Raab, Oh i5 Registered Surveyor No 7863 Prepared by: W.E. Stilson Consulting Group, LLC. Job No.: 111013.00 * U !L ! /Z Date PRELIMINARY { APPROVAL FRANKLIN COUNTY ENGINEERING DEPT. DATE. I 2 .�I . U 12 BY. eno P� ..O F ,�•'•. C 4 JOHN JEFFREY RAAB 7863 ' cr s • �' e,,ONAL s;�� �8n151N EXHIBIT B PARCEL 17 -WD BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 (, 50' 25' o' 25' 50' Bow #� \ Scalm 1 = 50 C1 C2 N 35'04'10" E \ \ A = 90'00'00" RT. A = 90'00'00" RT. \50.62' R = 25.00' R = 25.00' L = 39.27' L = 39.27' \sy \ CH BRG = S 00'58'13" E CH BRG = N 00'58'13" W 3/4" I.D. PIPE CH = 35.35' CH = 35.36' (FOUND) 01- \ ti F OG sr '° ��� L qo 11 i lq�- NEAL M. & NANCY S. HAHN sA 16 �cO /�9 \ 273-001939-00 1.000 ACRES O.R. 7606, PG. I19 mss, Oo, BRAND ROAD INVESTMENT CO., LTD. p 0.420 ACRES A REMAINDER OF A 56.243 ACRE TRACT p O.R. 221, PG. D17 �p 17 -WD 0.420 ACRES PTA PRINCE OF PEACE LUTHERAN CHURCH 273 - 002922 -00 4.071 ACRES O.R. 12563, PG. A10 O S 44!01'47" W, 40.00' © S 44'01'47" W, 10.00' .% 1 %61618811," r,, of :'JOHN JEFFREY': RAAB 7863 ¢ " V. O IiSTE vv. E. STILSON CONSULTING GROUP Pride in the Details. Passion in our People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 47 -4670 � 7 /2 OHN J , EY P.S. 7863 DA /Z CITY OF DUBLII ROADWAY DEDICAI P.B. 65, PG. 1 LID J LEGEND: O IRON MONUMENT FOUND RAILROAD SPIKE FOUND OLP.s. 3/4" I.D. PIPE SET W /CAP STAMPED "W.E. STILSON" M.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 15'0752" E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT).