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HomeMy WebLinkAboutResolution 15-14RECORD OF RESOLUTIONS Dayton Legal Blank, Inc„ Forth No. 30045 Resolution No. 15 -14 Passed . 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.155 F L ACRES, MORE OR LESS, PRESENT ROAD OCCUPIED FEE SIMPLE INTEREST; A 0.045 ACRES, MORE OR LESS, PERMANENT SLOPE, GRADING AND DRAINAGE EASEMENT; AND A 0.037 ACRES, MORE OR LESS, TEMPORARY EASEMENT FROM JACK K. BEATLEY, TRUSTEE, AT THE PROPERTY LOCATED AT 6713 GLICK ROAD FOR THE CONSTRUCTION OF A MULTI -USE PATH. WHEREAS, the City of Dublin is preparing to construct a multiuse path on Glick Road as part of Glick Road Shared -Use Path Section 3 (the "Project'); and WHEREAS, this Project will require the City of Dublin to obtain a fee simple, permanent easement and temporary easement interests from Jack K. Beatley as described and depicted in the legal description and survey attached hereto as Exhibit "A," said property interest located in the City of Dublin, County of Franklin, State of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, � of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of installing a multi -use path, a fee simple interest encumbered with a Right of Way easement (i.e. Present Road Occupied), a permanent easement, and a temporary easement as described and depicted in the attached Exhibit "A." Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owner and persons in possession or having an interest of record in the property described in Exhibit "A," and this notice shall be served according to law. Section 3 . This resolution shall take effect and be in force upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this,2_41�_day 2014. J Mayor — Presiding Officer ATTEST: Clerk of Council V ms `J wn odd. ATTORNEYS MEMORANDUM To: Dublin City Council Marsha Grigsby, City Manager Anne Clarke, Clerk of Council From: Stephen J. Smith Philip K. Hartmann Date: February 20, 2014 Re: Resolution No. 15 -14 Glick Road Shared -Use Path -- Section 3 Jack K. Beatley PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing to construct the Glick Road Shared -Use Path Section 3 project (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 from for the construction of the Project is Jack K. Beatley (the "Grantor "). Ater engaging in a lengthy period of negotiations with the Grantor, it appears that the City may be forced to appropriate the needed property from the Grantor. The City is still hopeful that an amicable resolution can be reached with the Grantor, however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. PROPERTY TO BE APPROPRIATED: The appropriation consists of the following property interests, as depicted in the map attached hereto: Delaware County Parcel No. 600 - 341 -28- 028 -00 Parcel WD (Fee Simple) (Present Road Occupied) 0.155 ± acres Permanent Easement 0.045 ± acres Temporary Easement 0.037± acres Frost Brown Todd LLC Memo re. Resolution 15 -14 — Intent to Appropriate — Jack K. Beatley property February 20, 2014 Page 2 RECOMMENDATION: The Law Department recommends approval of Resolution No. 15 -14 as the construction of the Project is necessary for public welfare and safety, and approval of the Resolution will keep the Project moving forward. 2 Parcel #60034128028000 Present Roadway Occupied 0.155 Acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Original Lot 07, in Survey 2545, Virginia Military Lands and being a part of a 1.99 acre tract conveyed to Jack K. Beatiey, Trustee by Volume 439, Page 1449, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads "SLSS RS 6612" on the south Right of Way of Glick Road (50' R/W) and the northeast comer of Reserve "CCC" as delineated on Muirfield Village Phase 12 in Plat Book 12, Page 42, point also lying on the west line of said 1.99 acre tract; Thence, North 17 °04'42" West, a distance of 20.00 feet, along the west line of said 1.99 acre tract, to an iron pin set, point also being the True Point of Beginning; Thence, North 17 °04'42" West, a distance of 30.00 feet, continuing along the west line of said 1.99 acre tract, to the centerline of said Glick Road; Thence, North 72 °55'18" East, a distance of 224.55 feet, along the centerline of Glick Road (30' R/W), to the northeast comer of said 1.99 acre tract; Thence, South 17 °04'42" East, a distance of 30.00 feet, along the east line of said 1.99 acre tract, to an iron pin set; Thence, South 72 °55'18" West, a distance of 224.55 feet, crossing said 1.99 acre tract, to the Point of Beginning, containing 0.155 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. Iron pins set are 5/8" diameter by 30" long iron pins with a cep that reads "CW Design Group ". The described 0.237 acre tract is a part of Auditor's Tax Parcel Number 60034128028000 and is based on Volume 439, Page 1449, Plat Book 12, Page 23 and Plat Book 12, Page 42. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2013 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC _ Charles A. Wagner - Professional Surveyor 8091 '4'�" OF �,� P ��....... oy� CHN 05.22.2013 � A. Date -. /ONAL. 0.155 ACRE PRESENT ROADWAY OCCUPIED BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group ENOINEER818URVEVORB PHONE: 614- 846 -9279 972 Llnklield Drive I Worthington, Ohio 43085 N17 "W 20.00' / - CA R/W 50' U U U 0 N w 0 � ° o c o , U 3 9$ � w PARCEL #60034128028000 PRESENT ROADWAY OCCUPIED N_ W N C� g� J a N r W_ a 12 -0001 1 1 05/22/2013 00 m a. "40 w W j (7 C I� 0gN 3 c $ J 0 0 00 Moto r 0 0 J m CA R/W I ' 0 W I LL 50' I S17'04'42" e` 3/4° P CA R/W & PA w yrn 0 0 04 ma O N N rl N•::..; N N Z Vl .M Y -1 0 Y Y U U POINT OF BEGINNING SYMBOL LEGEND OI.R F. IRON PIN FOUND N17'04'42 "w POINT OF OO P. F. IRON PIPE FOUND 30.00' REFERENCE *I.P.S• IRON PIPE SET - 5/8" DIAMETER BY 30" LONG Q F' ° SLSS" RS 6612 REBAR WITH A CAP THAT READS "CW DESIGN GROUP 0.155 ACRE PRESENT ROADWAY OCCUPIED BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group ENOINEER818URVEVORB PHONE: 614- 846 -9279 972 Llnklield Drive I Worthington, Ohio 43085 N17 "W 20.00' / - CA R/W 50' U U U 0 N w 0 � ° o c o , U 3 9$ � w PARCEL #60034128028000 PRESENT ROADWAY OCCUPIED N_ W N C� g� J a N r W_ a 12 -0001 1 1 05/22/2013 Parcel #60034128028000 Permanent Slope, Grading and Drainage Easement 0.045 acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Original Lot #7, in Survey 2545, Virginia Military Lands and being a part of a 1.99 acre tract conveyed to Jack K. Beatiey, Trustee by Volume 439, Page 1449, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads "SLSS RS 6612" on the south Right of Way of Glick Road (50' R/W) and the northeast comer of Reserve "CCC" as delineated on Muirfield Village Phase 12 in Plat Book 12, Page 42, point also lying on the west line of said 1.99 acre tract; Thence, North 17 °04'42" West, a distance of 20.00 feet, along the west line of said 1.99 acre tract, to the south Right of Way of said Glick Road; Thence, North 72 °55'18" East, a distance of 93.79 feet, along the south Right of Way of Glick Road (30' R/W), to the True Point of Beginning; Thence, North 72 °55'18" East, a distance of 130.76 feet, continuing along the south Right of Way of said Glick Road, to the east line of said 1.99 acre tract; Thence, South 17 °04'42" East, a distance of 15.00 feet, along the east line of said 1.99 acre tract, to a point; Thence, crossing said 1.99 acre tract, the following two courses: 1. South 72 °55'18" West, a distance of 130.76 feet, to a point; 2. North 17 °11'07" West, a distance of 15.00 feet, to the Point of Beginning, containing 0.045 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described 0.237 acre tract is a part of Auditor's Tax Parcel Number 60034128028000 and is based on Volume 439, Page 1449, Plat Book 12, Page 23 and Plat Book 12, Page 42. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2013 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC Charles A. Wagner - ProfessionSurveyor 8091 OF CISAM 05.22.2013 VII Date _ � NAt. _..� f � � " O 4 0 �. I f CA R/W 1 50' CA R/W & PA 30' SYMBOL LEGEND OLP.F.IRON PIN FOUND OQ P. F. IRON PIPE FOUND TEMPORARY EASEMENT AREA _N n N ® 0.045 ACRE PERMANENT SLOPE, GRADING AND DRAINAGE EASEMENT AREA BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC 50' co N °o co o 3 g� 6 o J a I M0"w o Mo J m I � w LL D 3/4" PA :.� S1 7'04'42 "E 15.00' a N72'55'18 "E 130.76' :{ _S72'55'1 8 "W 130.76' Li Na =a 0 0 Irw CL < 0 c0 N O1 Of ma M O Y O 0 Y U N17'04'42 "W 15.00' POINT OF W o_ BEGINNING POINT OF Q REFERENCE FF RS 6612 (V U w U N �o O N N No c n it 00 Z N U O ( V r Y U_ to J w LL % w D CL w N n Z :1 N17'04'42 "W 20.00' CA R/W 50' co N °o co o 3 g� 6 o J a I M0"w o Mo J m I � w LL D 3/4" PA :.� S1 7'04'42 "E 15.00' a N72'55'18 "E 130.76' :{ _S72'55'1 8 "W 130.76' Li Na =a 0 0 Irw CL < 0 c0 N O1 Of ma M O Y O 0 Y U N17'04'42 "W 15.00' 6 12 -0001 C W Design G r o u p PARCEL #60034128028000 C ENOIN EERSI SURVEY ORS PHONE: 614- 846 -9279 PERMANENT SLOPE, GRADING $ a Wo rive & DRAINAGE EASEMENT 3 I Wohgton, Ohfo 43085 � 05/22/2013 POINT OF BEGINNING POINT OF REFERENCE FF RS 6612 (V U _ U W �o 0 No c g0 it 00 J N U O ( V r Vl 0 a0 ❑ m to J w w LL % w D 6 12 -0001 C W Design G r o u p PARCEL #60034128028000 C ENOIN EERSI SURVEY ORS PHONE: 614- 846 -9279 PERMANENT SLOPE, GRADING $ a Wo rive & DRAINAGE EASEMENT 3 I Wohgton, Ohfo 43085 � 05/22/2013 Parcel#60034128028000 Temporary Easement 0.037 Acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Original Lot #7, in Survey 2545, Virginia Military Lands and being a part of a 1.99 acre tract conveyed to Jack K. Beatiey, Trustee by Volume 439, Page 1449, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads "SLSS RS 6612" on the south Right of Way of Glick Road (50' R/W) and the northeast comer of Reserve "CCC" as delineated on Muirfield Village Phase 12 in Plat Book 12, Page 42, point also lying on the west line of said 1.99 acre tract; Thence, North 17 °04'42" West, a distance of 15.00 feet, along the west line of said 1.99 acre tract, to the True Point of Beginning; Thence, North 17 °04'42" West, a distance of 5.00 feet, continuing along the west line of said 1.99 acre tract, to the south Right of Way of said Glick Road; Thence, North 72 °55'18" East, a distance of 93.79 feet, along the south Right of Way of Glick Road (30' R/W), to a point; Thence, South 17 °04'42" East, a distance of 15.00 feet, crossing said 1.99 acre tract to a point; Thence, North 72 °55'18" East, a distance of 130.76 feet, crossing said 1.99 acre tract to a 3/4" iron pipe located at the intersection of the south Right of Way of Glick Road (50' R/W) and west line of Lot 438 as delineated on Muirfield Village, Phase 8 in Plat Book 12, Page 23; Thence, South 17 °04'42" East, a distance of 5.00 feet, along the west line of said Lot 438 to a point; Thence, crossing said 1.99 acre tract, the following three courses: South 72 °55'18" West, a distance of 163.50 feet, to a point; North 17 *1 VOT' West, a distance of 15.00 feet, to a point; South 72 °55'18" West, a distance of 61.02 feet, to the Point of Beginning, containing 0.037 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described 0.237 acre tract is a part of Auditor's Tax Parcel Number 60034128028000 and is based on Volume 439, Page 1449, Plat Book 12, Page 23 and Plat Book 12, Page 42. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2013 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC OF C �i.� a OV ® *' �'�' 05.22.2013 Charles A. Wagner - Professional Surveyor 8091 Date ell e��. Q� -A8� ••...... a J ��� 0 40 2 20 ,._ I f C A R / W I 50' 30' U W a Q w Q C4 O N N N ^ N I.L Z Y U J 0 CL SYMBOL LEGEND 01. P. F. IRON PIN FOUND @R F. IRON PIPE FOUND N17'04'42 "W 5.00' n 0.037 ACRE TEMPORARY EASEMENT AREA H PERMANENT SLOPE, GRADING AND DRAINAGE EASEMENT AREA BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 CW DESIGN GROUP, LLC CA R/W & PA DATE 00 N w w M 08 ° c� �6 -o > Noa r 0 o J m 0 W Lt_ c. G PA ` S1 7'04'42 "E 5.00' -TEMPORARY QF' RS 6612 EASEMENT (V _N72'55'18 "E w 130.76' Lu =a o o N 0 ao Li 00 wa� ceo F_ N p U cn ao Q N al O� g(0 w LLJ LX LX -0 Y 0 D 572'55'18 "W 163.50' S17 04 - 42 "E 15.00' N17'11'07 "W Z6 N17'04'42 "W 15.00' - CA R/W 50' POINT OF BEGINNING POINT OF REFERENCE QF' RS 6612 (V U _ 0.. ° Lu N 0 ao g c� ceo J a N p U cn ao > 04 g(0 w m W EL LX LX LL w D D 12 -0001 CW "D E s i SS a E °° p PARCEL #60034128028000 PHONE: 614 -846 -9279 TEMPORARY Worthington, Drive , EASEMENT 1 I Wohingto, Ohlo 43085 I 05.22.2013