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HomeMy WebLinkAboutOrdinance 47-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONVEYANCE DOCUMENTION TO ACQUIRE A 0.007 ACRES, MORE OR LESS, FEE SIMPLE INTEREST FOR RIGHT OF WAY, A 0.040 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT AND A 0.088 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM JANINE J. KEELER LIVING TRUST, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin the City is preparing to construct intersection improvements at the Brand and Coffman Road intersection; and WHEREAS, said project requires that the City obtain certain property interests within Franklin County Parcel Nos. 273 - 000428 -00 and 273 - 001707 -00, owned by Janine J. Keeler Living Trust, the Grantor of 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 Two Thousand Six Hundred Dollars ($2,600); and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor; and WHEREAS, this project is a public emergency because the City needs to have the improvements completed as quickly as possible to relieve traffic concerns. NOW, TH EFORE, 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 0.007 acres, more or less, Fee Simple Interest for Right -of -way, a 0.040 acres, more or less, Temporary Easement and a 0.088 acres, more or less, Temporary Easement from Janine J. Keeler Living Trust for the sum of Two Thousand Six Hundred Dollars ($2,600), said property interests located within Franklin County Parcel Nos. 273 - 000428 -00 and 273- 001707- 00 and as more fully described and depicted in the attached Exhibits "A" and "B." Section 2. 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 1642� day of 2013. Mayor - PAPing • 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 47 -13 — Authorizing the City Manager to Execute Necessary Conveyance Documentation to Acquire a 0.007 Acres, More or Less, Fee Simple Interest for Right -of Way, a 0.040 Acres, More or Less, Temporary Construction Easement and a 0.088 Acres, More or Less, Temporary Construction Easement from Janine J. Keeler Living Trust, and Declaring an Emergency. 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 the Keeler Living Trust, Andrew P. Keeler and Janine J. Keeler Trustees (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 approximately 19.5 percent above the revised appraised value. The basis for this increase is due to the condition and amount of landscaping that will be impacted in by the Project. The acquisition is detailed below: Memo re. Ordinance 47 -13 — Coffman /Brand Intersection Improvements — Keeler Living Trust June 6, 2013 Page 2 of 2 Property Interest PROPOSED APPRAISED AGREED Acquiring ACRES COST PURCHASE PRICE Right of Way 0.007 $575 $575 Temporary 0.040 $350 $350 Construction and 0.088 $750 $750 Grading Easement Landscaping and $500 $925 Vegetation Removed Total $ 2,175 $2,600 Recommendation Ordinance 47 -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 47 -13 by emergency passage on June 10, 2013 as obtaining the property interests is necessary for the furtherance of this Project and public safety. IWV1 t1. - 9 ". Page I of 1 CIP 11- 023 -CIP PARCEL 5 -WD PROJECT BRAND./COFFMAN Version Date 02/18/13 PARCEL 5 -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 1.446 acre tract in the name of Janine J. & Andrew P. Keeler, Trustees of the Janine J. Keeler Living Trust, as described in Instrument Number 201002050015310, 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 northeasterly corner of a 0.590 acre tract in the name of the City of Dublin, as described in Official Record Volume 34907, Page H14; Thence, South 03 °16'59" West, a distance of 31.28 feet, along the centerline of said Coffman Road and the easterly line of said 0.590 acre tract; Thence, North 70° 15'42" West, a distance of 41.71 feet, leaving the centerline of said Coffinan Road, along the easterly extension of the southerly existing right of line of said Brand Road, through said 0.590 acre tract, to an iron pipe (set) at the northeasterly corner of said 1.446 acre tract, and the True Place of Beginning for the parcel described herein: Thence, South 03° 16'59" West, a distance of 60.00 feet, along the westerly existing right of way line of said Coffman Road and the westerly line of said 0.590 acre tract, to an iron pipe (set); Thence, North 86 °43'01" West, a distance of 5.00 feet, leaving said existing right of way line and said property line, through said 1.446 acre tract, to an iron pipe (set); Thence, North 03 °16'59" East, a distance of 61.48 feet, to an iron pipe (set) on the southerly existing right of way line of said Brand Road and the southerly property line of said 0.590 acre tract; Thence, South 70 °15'42" East, a distance of 5.21 feet, along said existing right of way line and said southerly property line, to the True Place of Beginning, containing 0.007 acres, more or less, from Franklin County Auditor's Permanent Parcel Number 273 - 000428 -00. 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 DESCRIPTI WhAUYl D EAN C. RiNGV3, N4 PA BY' _ (�— DA X 0• lo E 0.00 - t AC S t / /0es // # #, OF • • •• i :'JOHN JEFFREY': RAAB _ cc p ' 7863 •• 0 O : �; �s.cc��STEP.•PJ���• Prepared by: W.E. Stilson Consulting Group, LLC. EXHIBIT B \ F �� PARCEL 5 -WD ry o�� %�, BRAND ROAD/ COFFMAN ROAD OF S tiff �� o � ROUNDABOUT �l /ry CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 '9 s ?, \ ory FH °� os�£ �g EX. TELE. ESMT. \ �� p FS D.V. 3715, PG. 175 \ �� \� /y s\ EX. WATER ESMT. -""� D.V. 3631, PG. 88 \ ` JANINE J. & ANDREW P. \ \ KEELER, TRUSTEES OF THE \ \ JANINE J. KEELER LIVING TRUST \ 273 - 001707 -00 2.573 ACRES INST. #201002050015308 \ G O JANINE J. & ANDREW P. KEELER, TRUSTEES OF THE JANINE J. KEELER LIVING TRUST 273 - 000428 -00 1.446 ACRES INST. #201002050015310 AO N 86'43'01" W, 5.00' © S 7T15'42" E, 5.21' 0.007 ACRES 40' 20' 0' 20' 40' Scale: 1' = 40 PIPE (FOUND) \ \ s J " �cr -48" E I.P.S. �J "'0 o C ° r p I to C) IN C I I.P.S. I I v EX. TELEPHONE EASEMENT I INST. #199710010107325 EX. GAS EASEMENT I I O.R. 8270, PG. J -18 EX. ELECTRIC ESMT. D.V. 3325, PG. 86 WE. STILSON CONSULTING GROUP Pride in the Details. Passion in our People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 JOHN P.S. 7863 '• ����rrrrrr��, , P� 1Y OF o •.,, :'JOHN JEFFREY''; RAAB 's 7863 c Te 4DAT;� LEGEND: A RAILROAD SPIKE FOUND O IRON MONUMENT FOUND 0.P.s. 3/4" I.D. PIPE SET W /CAP STAMPED "W.E. STILSON" 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 83 (1986 ADJUSTMENT). 4U.UU 30.00' I 1 I Z = �► N I a^ ° + ��m J Q CL 'lo- O Z N I W U O I� ck� o I m o O �- Z Q LL . O z 0 I I� it z L '- V N �LL- O IU I IQ)-j I I I 1 I I I I \ _ EX. TELEPHONE EASEMENT I INST. #199710010107325 EX. GAS EASEMENT I I O.R. 8270, PG. J -18 EX. ELECTRIC ESMT. D.V. 3325, PG. 86 WE. STILSON CONSULTING GROUP Pride in the Details. Passion in our People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 JOHN P.S. 7863 '• ����rrrrrr��, , P� 1Y OF o •.,, :'JOHN JEFFREY''; RAAB 's 7863 c Te 4DAT;� LEGEND: A RAILROAD SPIKE FOUND O IRON MONUMENT FOUND 0.P.s. 3/4" I.D. PIPE SET W /CAP STAMPED "W.E. STILSON" 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 83 (1986 ADJUSTMENT). EXHIBIT A Page 1 of I CIP 11 -023 -CIP PARCEL 5-TI PROJECT BRANDCOFFMAN Version Date 02/18'13 PARCEL 5 -T1 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 2.573 acre tract in the name of Janine J. & Andrew P. Keeler, Trustees of the Janine J. Keeler Living Trust, as described in Instrument Number 201002050015308, all records are referenced to the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the most northerly corner of a 0.590 acre tract in the name of the City of Dublin, as recorded in Official Record Volume 34907, Page H14, said corner being in the centerline of Brand Road (60' right of way), and the northeasterly corner of a 59.396 acre tract in the name of Brandway, Limited, an Ohio Limited Liability Company, as recorded in Official Record Volume 30785, Page B 15; Thence, South 56 °05'46" West, a distance of 30.03 feet, along the westerly line of said 0.590 acre tract, and the easterly line of said 59.396 acre tract to the northwesterly corner of said 0.590 acre tract, also being the most northerly corner of said 2.573 acre tract, and the True Place of Beginning for the easement described herein: Thence, South 36 °30'41" East, a distance of 174.09 feet, along the southwesterly line of said 0.590 acre tract and the southerly existing right of way line of said Brand Road; Thence, South 53 °29' 19" West, a distance of 10.00 feet, leaving said existing right of way and said property line, through said 2.573 acre tract; Thence, North 36 °30'41" West, a distance of 174.55 feet, continuing through said 2.573 acre tract, being parallel with and 10.00 feet perpendicular to said existing right of way line and said property line, to the easterly line of said 59.396 acre tract; Thence, North 56 °05'46" East, a distance of 10.01 feet, along the easterly line of said 59.396 acre tract, to the True Place of Beginning, containing 0.040 acres, more or less, from Franklin County Auditor's Permanent Parcel Number 273 - 001707 -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 contested under my direct supervises. %11 n Jeffrey a , Offo glstered Surveyor No 7863 1 Prepared by: W.E. Stilson Consulting Group, LLC. OF Date ;`JOH : , EFFREY ' RAAB -_ 7863 ' • 0 • •p: Q�STEP�' J� ��- S / ONAL S "refill SO* EXHIBIT B PARCEL 5 -T1 BRAND ROAD/ COFFMAN ROAD ROUNDABOUT CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2543 BRANDWAY, LIMITED, AN OHIO LIMITED LIABILITY COMPANY 273 - 003672 -00 59.396 ACRES 0. R. 30785, PG. B15 ,r N 56'05'46" E 10.01' 50' 25 0 25' 50' \ \` Scale: 1" = 50' A \ \REF. PT. F� P.O.B. �y s � OS 3r o o � O- F \ \ � � 9 3r Qn n 5 -T1 s S- 0.040 ACRES S 53'29' 19" 10.00' 0 JANINE J. & ANDREW P. KEELER, TRUSTEES OF THE JANINE J. KEELER LIVING TRUST 273 - 001707 -00 2.573 ACRES INST. #201002050015308 56'05'46" W, 30.03' 0 0 9� O \ � 9ooG \ F � S \ F�\ 2 JANINE J. & ANDREW P. — KEELER, TRUSTEES OF THE JANINE J. KEELER LIVING TRUST 273 - 000428 -00 1.446 ACRES INST. #201002050015310 WE. STILSON CONSULTING GROUP Pride in the Details. Passion in our People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 Qz Z�L HN JEF Y , r.S. 7863 PEE OF p :'JOHN JEFFREY % m RAAB • 7863 OC 0 � STe T Z ATE 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 83 (1986 ADJUSTMENT). EXHIBIT A Page 1 of 1 CIP 11- 023 -CIP PARCEL 5 -T2 PROJECT BRAND/COFFMAN Version Date 02/18 1173 'T-61 _DI_I&B *a DESCRIPTION OF A TEMPORARY EASEMENT FOR GRADING AND DRIVEWAY 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 1.446 acre tract in the name of Janine J. & Andrew P. Keeler, Trustees of the Janine J. Keeler Living Trust, as described in Instrument Number 201002050015310, 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 Coffinan Road (70' right of way), and the northeasterly corner of a 0.590 acre tract in the name of the City of Dublin, as described in Official Record Volume 34907, Page 1114; Thence, South 03 °16'59" West, a distance of 31.28 feet, along the centerline of said Coffman Road and the easterly line of said 0.590 acre tract; Thence, North 70 °15'42" West, a distance of 46.92 feet, leaving the centerline of said Coffman Road, along the easterly extension of the southerly existing right of way line of said Brand Road, through said 0.590 acre tract, and the True Place of Beginning for the easement described herein: Thence, South 03 °16'59" West, a distance of 61.48 feet, leaving said existing right of way line and said property line, through said 1.446 acre tract; Thence, South 86 °43'01" East, a distance of 5.00 feet, continuing through said 1.446 acre tract, to the westerly existing right of way line of said Coffinan Road and the southerly portion of the westerly line of said 0.590 acre tract; Thence, South 03 °16'59" West, a distance of 115.00 feet, along said existing right of way line and said property line; Thence, leaving said existing right of way line and said property line, through said 1.446 acre tract, for the following four (4) calls: 1. North 86 0 43'01" West, a distance of 10.00 feet; 2. North 03 0 16'59" East, a distance of 91.04 feet, being parallel with and 10.00 feet perpendicular to said existing right of way line and said property line; 3. North 25 °36'35" West, a distance of 97.27 feet; 4. North 19'44'18" East, a distance of 15.00 feet, to the southerly existing right of way line of said Brand Road and the northerly portion of the westerly line of said 0.590 acre tract; Thence, South 70 °15'42" East, a distance of 49.79 feet, along said existing right of way line and said property line, to the True Place of Beginning, containing 0.088 acres, more or less, from Franklin County Auditor's Permanent Parcel Number 273 - 00428 -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 conducted under my direct supervision. �� "' °' +�•,� .• E OF O •, z .`� y �0 rAfn Jeffre - b, io gistered Surveyor No 7863 Date - *JOHN JEFFREY Prepared by: W.E. Stilson Consulting Group, LLC. RAAB s o �. 7863 'o "', /ONAL`So��`� EXH I BIT B F� PARCEL 5 -T2 y o� �ti N BRAND ROAD / COFFMAN ROAD sy� o � ROUNDABOUT B l /ry CITY OF DUBLIN, FRANKLIN COUNTY, OHIO S. 2543 D O 956 0//)- q N IOS OF F O os EX. TELE. ESMT. \ F 6 A p R FS D.V. 3715, PG. 175 0 C EX. g 1 EX. WATER ESMT. D.V. 3631, PG. 88 \ \ I —JANINE J. & ANDREW P. KEELER, TRUSTEES OF THE JANINE J. KEELER LIVING TRUST 273 - 001707 -00 2.573 ACRES INST. #201002050015308 N 19'44'18" E - 15.00' 9 JANINE J. & ANDREW P. KEELER, TRUSTEES OF THE JANINE J. KEELER LIVING TRUST 273 - 000428 -00 1.446 ACRES INST. #201002050015310 0' 5 -T2 0.088 ACRES 40' 20' 0' 20' 40' Scale: 1" = 40' PIPE (FOUND) S\ a N i N�.. S � I W ICY) 00 v� un ( co G : — r1) x o Co Li V) I S 86'43'01 "I E 5.00' I I 40.00' I 30.00' 8 to o z N 86'43'01" WT I 10.00' EX. TELEPHONE EASEMENT I I I INST. #199710010107325 1I EX. GAS EASEMENT —/ I I I O.R. 8270, PG. J -18 EX. ELECTRIC ESMT. D.V. 3325, PG. 86 WE STILSON `JOHN JEFFREY=. CONSULTING GROUP RAAB 7863 ¢ Pride in the Details. Passion in our People. O ;A �� 355 E. CAMPUS VIEW BLVD i �• �� /$TE�'�' �� COLUMBUS, OH 43235 �i� s S '' •• •' Q� ♦♦` (614) 847 -4670 �� NAL L Qe4 �0 C W N JE EY AIW 7863 4TE LEGEND: A RAILROAD SPIKE FOUND O IRON MONUMENT 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 CPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJU I I z = mid oQ I I ° C> CD I¢ a o� ° z HE V) v I� co 3 vi o I o � Co i:2 Z 1 0 IU I� i I � I I \ 40' 20' 0' 20' 40' Scale: 1" = 40' PIPE (FOUND) S\ a N i N�.. S � I W ICY) 00 v� un ( co G : — r1) x o Co Li V) I S 86'43'01 "I E 5.00' I I 40.00' I 30.00' 8 to o z N 86'43'01" WT I 10.00' EX. TELEPHONE EASEMENT I I I INST. #199710010107325 1I EX. GAS EASEMENT —/ I I I O.R. 8270, PG. J -18 EX. ELECTRIC ESMT. D.V. 3325, PG. 86 WE STILSON `JOHN JEFFREY=. CONSULTING GROUP RAAB 7863 ¢ Pride in the Details. Passion in our People. O ;A �� 355 E. CAMPUS VIEW BLVD i �• �� /$TE�'�' �� COLUMBUS, OH 43235 �i� s S '' •• •' Q� ♦♦` (614) 847 -4670 �� NAL L Qe4 �0 C W N JE EY AIW 7863 4TE LEGEND: A RAILROAD SPIKE FOUND O IRON MONUMENT 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 CPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJU