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HomeMy WebLinkAboutOrdinance 69-13RECORD OF ORDINANCES Blank. Inc. 69 -13 Form No- 30043 I Passed ZO Ordinance No. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE 0.106 ACRES, MORE OR LESS, FEE SIMPLE INTEREST THAT IS PRESENT ROAD OCCUPIED PROPERTY, 0.041 ACRES, MORE OR LESS, PERMANENT MULTI -USE, UTILITY, GRADING, UTILITY AND DRAINAGE EASEMENT, AND A 0.023 ACRES, MORE OR LESS, TEMPORARY EASEMENT FROM MICHAEL C. CHRISTMAN, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City") is preparing to construct a multi-use path along Brand Road (the "Project j; and WHEREAS, said project requires that the City obtain certain property interests within Franklin County Parcel No. 273 - 001440 owned by Michael C. Christman (the "Grantor "), 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 Twenty Three Thousand Dollars ($23,000) and to reimburse the Grantor up to Ten Thousand Dollars ($10,000) for landscaping, upon proof of expenditure to the satisfaction of the City; 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, 27— of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire an approximate 0.106 acres, more or less of Present Road Occupied Property; a 0.046 acres, more or less, permanent multi-use, utility, grading and drainage easement; and a 0.007 Temporary Easement from Michael C. Christman for the sum of Twenty Three Thousand Dollars ($23,000) for said property interests located within Franklin County Parcel No. 273 - 001440, and as more fully described and depicted in the attached Exhibits "A" and "B" and to reimburse the Grantor up to Ten Thousand Dollars ($10,000) for landscaping, upon proof of expenditure to the satisfaction of the City. 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 construction of the Project will begin in Fall 2013. This ordinance shall therefore be effective upon passage. Passed this 1.� day of 2013. Mayor - P ing 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 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager`q�l\Q}— Date: August 8, 2013 Initiated By: Sara Ott, Sr. Project Manager Re: Ordinance 69 -13 — Authorizing the City Manager to Execute Necessary Conveyance Documentation to Acquire 0.106 Acres, More or Less, Fee Simple Interest that is Present Road Occupied Property; 0.041 Acres, More or Less, Permanent Multi -Use, Utility, Grading, and Drainage Easement; and a 0.023 Acres, More or Less, Temporary Easement, from Michael C. Christman, and Declaring an Emergency 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 "). It is anticpated that construction will begin in Fall 2013. 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 Michael C. Christman (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 7.5% above appraised value.* The acquisition is detailed below: Property Interest PROPOSED NEGO77ATED Acquiring ACRES COSTS Present Road Occupied 0.106 $1 P. R.O. Permanent Multi -Use, 0.041 $2,799 Utility, Grading and Drainage Easement Temporary Construction 0.023 $250 and Grading Easements Vegetation /Natural 11 mature $19,950 Growth Being Removed trees Total $ 23,000 Memo re. Ordinance 69 -13 — Brand Road — Christman Easements and Present Road Occupied August 8, 2013 Page 2 of 2 Landscape Allowance $10,000 *This proposed agreement includes a landscape allowance of $10,000. Payment of this allowance is contingent upon proof of expenditure to the satisfaction of the City and is not included in appraised value comparison. Recommendation Ordinance 69 -13 authorizes the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interests described above. Staff recommends that Council dispense with the public hearing and approve Ordinance 69 -13 as an emergency as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A Page 1 of 1 CIP 11 -022-CIP PARCEL 5 -WD PROJECT BRAND SUP Version Date 12105/12 PARCEL 5-WD ALL RIGHT, TITLE AND INTEREST IN FEE SEWPLE IN THE FOLLOWING DESRCRIBED PROPERTY WITHOUT LEWTATION 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 1.000 acre tract in the name of Michael C. Christman, as recorded in Instrument No. 200405110107952, 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 305.60 feet, along the centerline of Brand Road, to a magnail (set) at the northwesterly corner of a 1.385 acre tract in the name of Sumphan & Tanapom Karuchit, as recorded in Instrument No.200507120137134, said comer also 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 1.385 acre tract, to an iron pipe (set) on the southerly existing highway easement for Brand Road; Thence, North 79 ° 22 1 57" West, a distance of 154.00 feet, leaving said westerly line and running across said 1.000 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 1.545 acre tract in the name of Angela Haley, T.O.D., as recorded in Deed Book 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.); Thence, North 03 ° 10'57" West, a distance of 30.89 feet, along the easterly line of said 1.545 acre tract, to a magnail (set) in the centerline of Brand Road at the northeasterly corner of said 1.545 acre tract; Thence, South 79 ° 22'57 East, a distance of 154.00 feet, along the centerline of Brand Road to the True Place of Beginning, containing 0.106 acres more or less, of which 0.106 acres is in the Present Roadway Occupied (P.R.O.). it �• to"I' Iron Pipes set are 3/4 inch inside diameter iron pipes, 30 inches long, with a yellow cap stamped "W.E. SP 1- ` STU -SON". p l � Itc The bearings for this description are based on the bearing between Franklin County Engineer's stations 00 Of "MCNEAL" and "FCGS 6648" being South 15 ° 07'52" East, as measured using GPS methods and the (1-11 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 03 LAAO conducted under my direct supervision. sa saaaaaag e � . /Moe. : • ' ', S� PIE of o y'��'; ...... w �Z Je , Obro Itegistered Surveyor No 7863 Date *JOHN JEFFREY L Prepared by: W.E. Stilson Consulting Group, LLC. : RAAB Job No.: 111013.00 DDS 7 A?cZL'TEt7 � � :. 7863 • Cr (Auditor's Parcel No. 273-001440-00) -RIN. GLE. P.B., J S �.�F 9 ��'/STEQ` PJ�• LLDA '*'• , / ONAL e, ; OF 5 .j N JEFFREY RAAB p 7863 , ���iS� 0 1VA1. Sve.` ® va STILS C oN ONSUUSVG GROUP Pride a x,. o Pmdw M owPiopb. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614)847 -4670 n /L 7863 DATE mm -- o RAILROAD SPIKE FOUND O IRON MONUMENT FOUND OLP.s. 3/4" I.D. PIPE SET W /CAP STAMPED V.E. STgSON' WAn MAGNAIL SET THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS 'MCNER! AND 'FCGS 6848" BEING S WOW E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT). EXHIBIT B PARCEL 5 -WD BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ~ --� V.M.S. 2544 4W 2W 4W .�` S 79-22-55- QQ � ��y� .l1.lI1R I 0 � E B R g N --� O D 3/4' PIPE N 03 W S 7g'22 57° E O.B. 154. �, mXL 60' gl 7305 57' N 72257` S 03'10'57" E W 30.89' 154.,00. s REF. PT 5 -WD ` IX_sfi 0.106 ACRES o Ln o ® o 0 ANGELA HALEY, T.O.D. MICHAEL C. CHRISTMAN SUMPHAN & TANAPORN m KARUCHR 273 - 000437 -00 1.545 ACRES 273- 001440 -00 1.000 ACRE 273- 000371 -00 D.B. 1975, PG. 614 INST. 0200811280171587(T.O.D.) INST. 1200405110107952 1'W ACRES INST. #200507120137134 OF 5 .j N JEFFREY RAAB p 7863 , ���iS� 0 1VA1. Sve.` ® va STILS C oN ONSUUSVG GROUP Pride a x,. o Pmdw M owPiopb. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614)847 -4670 n /L 7863 DATE mm -- o RAILROAD SPIKE FOUND O IRON MONUMENT FOUND OLP.s. 3/4" I.D. PIPE SET W /CAP STAMPED V.E. STgSON' WAn MAGNAIL SET THE BEARINGS FOR THIS SURVEY ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S STATIONS 'MCNER! AND 'FCGS 6848" BEING S WOW E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (1986 ADJUSTMENT). EXHIBIT A Page I of 1 CIP 11 -022 -CIP PARCEL 5-P PROJECT BRAND SUP Version Date 0111713 PARCEL 5-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 1.000 acre tract in the name of Michael C. Christman, as recorded in Instrument No. 200405110107952, 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 1.000 acre tract, said comer being on the centerline of Brand Road, and also being the northeasterly comer of a 1.545 acre tract in the name of Angela Haley, T.O.D., as recorded in Deed Volume 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.); Thence, South 03° 10'5T' East, a distance of 30.89 feet, with the easterly line of said 1.545 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 154.00 feet, parallel with and 30.00 feet southerly from said centerline, leaving said property line with said southerly existing highway easement, to a point on the westerly line of a 1.385 acre tract in the name of Sumphan & Tanapoln Kamchit, as recorded in Instrument No. 200507120137134; Thence, South 03° 10'5T' East, a distance of 14.42 feet, leaving said southerly existing highway easement, with the westerly line of said 1.385 acre tract, to a point; Thence, leaving said property line and running across said 1.000 acre tract, for the following three (3) calls: 1.) Thence, North 77° 10'21" West, a distance of 145.14 feet, to a point; 2.) Thence, South 12 °49'39" West, a distance of 8.00 feet, to a point; 3.) Thence, North 77'10'21 West, a distance of 8.16 feet, to a point on the easterly line of said 1.545 acre tract; Thence, North 03'10'57" West, a distance of 16.56 feet, with said line, to the True Place of Beginning, containing 0.041 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. , ���aa n n►�4 ohn 7e Registered Surveyor No 7863 Date :`JOHN JEFFREY Prepared by: w'E. Stilson Consulting Group, LLC. RAAB Job No., 111013.00 (Auditor's Parcel No. 273-001aw-0a) 7863 *Jr •O� ,��rrsuALt����� EXHIBIT B PARCEL 5 -P BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V M S. 2544 _ 40' 2W 40 REF. PT six 1 ° 4 _ 3/4" PIPE (FOUND) S P.0.6. `� OD BR D R 'A Ict N 03'10'57" W 15 4.00' 16.56' N 7r,,, 0 0 ANGELA HALEY, T.O.D. 273 - 000437 -00 rn 1.545 ACRES D.B. 1975, PG. 614 INST. #200811280171587(T.O.D.) WE SULSON CONSULTING GROUP Prod° in " Dda ;b. Pan ;° our Po**. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 7863 "—S 1749'39" W `` Sy 8.00' N 77'10'21' W - S 03'10'57 E� 8.16' LEAS EMENT 14.42' 0.04 PERMANE O MICHAEL C. CHRISTMAN SUMPHAN & TANAPORN 273 - 001440 -00 KARUCHIi 1.000 ACRE 273- 000371 -00 INST. 1200405110107952 1.385 ACRES INST. 1200507120137134 4 (r ,.......0.5 JOHN JEFFR ' RAAB EY'; 7863 . SVQ.•' ,�� /Z MR 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) EXIIIBIT A Page 1 of l CIP 11 -022 -CIP PARCEL 5 -T PROJECT BRAND SUP Version Date 11/20/12 PARCEL 5-T 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 2544, being a part of a 1.000 acre tract in the name of Michael C. Christman, as recorded in Instrument No. 200405110107952, 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 1.000 acre tract, said comer being on the centerline of Brand Road, and also being the northeasterly comer of a 1.545 acre tract in the name of Angela Haley, T.O.D., as recorded in Deed Volume 1975, Page 614 and also Instrument No. 200811280171587(T.O.D.); Thence, South 03° 10'57" East, a distance of 47.45 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, leaving said line and running across said 1.000 acre tract, for the following three (3) calls: 1.) Thence, South 77 °10'21" East, a distance of 8.16 feet, to a point; 2.) Thence, North 12 °49'39" East, a distance of 8.00 feet, to a point; 3.) Thence, South 77 °10'21" East, a distance of 145.14 feet, to a point on the westerly line of a 1.385 acre tract in the name of Sumphan & Tanaporn Karuchit, as recorded in Instrument No. 200507120137134; Thence, South 03 °10'57" East, a distance of 5.20 feet, with said line, to a point; Thence, leaving said line and running across said 1.000 acre tract, for the following three (3) calls: 1.) Thence, North 77° 10'21" West, a distance of 122.72 feet, to a point; 2.) Thence, South 12 °49'39" West, a distance of 10.00 feet, to a point; 3.) Thence, North 77 ° 23'40" West, a distance of 29.97 feet, to the easterly line of said 1.545 acre tract; Thence, North 03 °10'57" West, a distance of 7.40 feet, with said line, to the True Place of Beginning, containing 0.023 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. sa snnay i : �� P �E of Oy' •,' .o 5b�J �yb, egistered Surveyor No 7863 Date -JOHN JEFFREY Prepared by! W.E. Stilson Consulting Group, LLC, Q RAAB Job No.. 111013.00 9 ' 7863 • Q (Auditor's Parcel No, 273 -001440 -00) 0 "48rssss.ss`0 EXHIBIT B PARCEL 5 -T BRAND ROAD SHARED -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO V.M.S. 2544 _ 40' 20' 0' 20' Q. - REF. PT swim 1 _ 3/4" PIPE (FOUND) �D( S11 X9'22' � � BRA �EX1_ N D 0 _ cn S 77810''21" E - -� N 03'10'57" 7.40' w ® c ANG HALEY, T.O.D. LA 273 - 000437 -00 rn 1.545 ACRES D.B. 1975, PG. 614 INST. #200811280171587(T.O.D.) WE. STILSON C ONSULTING GROUP Pride in the Delals. Passion m our People. 355 E. CAMPUS VIEW BLVD COLUMBUS, OH 43235 (614) 847 -4670 DATE �N 124939 E 8.00' _ S 77.1p2 __ " E PERM _ 145 W 14' �S H -S 12'49'39" W 12 .72 10.00' - S 03'10'57" E 5 -T 5.20' 0.023 ACRES TEMPORARY EASEMENT SUMPHAN & TANAPORN O KARUCHIT 273 - 000371 -00 MICHAEL C. CHRISTMAN 1.385 ACRES 273 - 001440 -00 INST. #200507120137134 1.000 ACRE INST. 1200405110107952 - '1 119141re" � • �OFO P ,.........,'S,o�''. JOHN JEFFREY': RAAB 0 IRON MONUMENT FOUND i 7863 �0 tBASIS OF BEARINGS: �0,�'•.9F �O;' THE BEARINGS FOR THIS SURVEY ARE BASED ON '�G /5TEP. •,� ;; N ... S P , �4- THE BEARING BETWEEN FRANKLIN COUNTY ;0 ; ENGINEER'S STATIONS "MCNEAL" AND "FCGS 6648" � BEING S 15'0752' E, AS MEASURED USING GPS METHODS AND THE OHIO STATE PLANE COORDINATE SYST SO ZONE, NA 83 (1986 ADJUSTMENT).