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Home My WebLink AboutOrdinance 012-14RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 12 -14 Forth No.30043 Passed . 20� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE 0.024 ACRES, MORE OR LESS, PERMANENT EASEMENT AND 0.049 ACRES, MORE OR LESS, TEMPORARY EASEMENT FROM ISAAC D. PENSON AND KAY W. PENSON, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path along Dublin Road (the "Project'; and WHEREAS, said project requires that the City obtain certain property interest within Franklin County Parcel No. 273 - 000233 owned by Isaac D. Penson and Kay W. Penson (the "Grantors "), said property interest more fully described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto; and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of Ten Thousand Five Hundred Fifty Dollars ($10,550.00); and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantors. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, � 17 of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.024 acres, more or less, permanent easement and 0.049 acres, more or less, temporary easement for two (2) years, commencing on the date construction begins, from Isaac D. Penson and Kay W. Penson, for the sum of Ten Thousand Five Hundred Fifty Dollars ($10,550.00), said property interest located within Franklin County Parcel No. 273 - 000233, 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 obtaining the property interests is necessary for the advancement of this project. The ordinance shall therefore take effect immediately upon passage. Passed this day of 2014. Mayor — Presiding Officer �p�i11Q ATTEST: .i _ _� 1 M'_! _' . S 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`M� Date: March 20, 2014 Initiated By: Sara Ott, Sr. Project Manager Re: Ordinance 12 -14 — Authorizing the City Manager to Execute Necessary Conveyance Documents to Acquire 0.024 Acres, More or Less, Permanent Easement and 0.049 Acres, More or Less, Temporary Easement from Isaac D. Penson and Kay W. Penson Background The City of Dublin ( "City ") is preparing to construct a shared use path on the western side of Dublin Road between Rings Road and Waterford Drive (the "Project "). The City must obtain property interests from various landowners located within the City in order to construct this project. The City presented offers based upon appraisals to each of these landowners. The City must obtain property interests for the construction of the Project from Isaac D. Penson and Kay W. Penson (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 be acquiring from the Grantor only those property interests necessary for the construction of the Project as depicted in the legal description and map attached to this memorandum. The City will be acquiring these property interests for their appraised value The acquisition is detailed below: Property Interest Acquiring Acres Appraised Value Permanent Utility, Grading and Drainage Easement 0.024 $3,900 Temporary Construction Easement 0.049 $1,650 Landscaping, Vegetation and Trees — $5,000 Total $ 10,550 Recommendation Ordinance 12 -14 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interests described above. Staff recommends approval of Ordinance 12 -14 at the second reading /public hearing on April 14, 2014 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A 1 of I CIP 08-009 PARCEL 29 -P PROJECT DUBLIN MUP Vcnm Daft 11101/13 PARCEL 29-P DUBLIN ROAD SOUTH MULTI -USE PATH PERPETUAL EASEMENT FOR UTILITIES, GRADING, and a MULTI -USE PATH Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 2419, being a part of Lot 1 of the subdivision entitled GOULD ADDITION No. 2, as recorded in Plat Book 27, Page 73, and as conveyed to Isaac D. and Kay W. Penson, by deed of record in Official Record 25701 E08, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at the northeast comer of said Lot I at the intersection with the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 158+45.82; Thence South 20 deg. 47 min. 05 sec. West, a distance of 128.97 feet across said Lot 1, and along the existing westerly right -of -way line of Dublin Road, to a point of non - tangent curvature, being 30.00 feet left of centerline station 157 +16.85; Thence along the arc of a curve to the right for 11.98 feet, along the southeasterly line of said Lot 1, and along the existing northerly right -of -way line of Grandview Drive, having a radius of 25.00 feet, a central angle of 27 deg. 27 min. 46 sec., a chord bearing of South 63 deg. 09 min. 55 sec. West, a chord distance of 11.87 feet to a point of non - tangency, being 38.00 feet left of centerline station 157+08.09; Thence North 20 deg. 47 min. 05 sec. East, a distance of 135.20 feet across said Lot 1 to a point in the northerly line of said Lot 1, being 38.00 feet left of centerline station 158 +43.29; Thence South 86 deg. 46 min. 34 sec. East, a distance of 8.39 feet along the northerly line of said Lot 1, to the Point of Beginning, containing 0.024 acres, more or less. Of the above described area, 0.024 acres are contained within Franklin County Auditor's Parcel 273- 000233. Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (86), using the bearing of South 20 deg. 27 min. 34 sec. West, as derived from a GPS survey in 2008 occupying Franklin County Geodetic Control Monuments "FRANK 73" and "FCGS 6642 RESET". This description was prepared by Steven E. Rader, registered surveyor 7191, and is based upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc., under the direction of said surveyor. Grantor claims title by the instrument of record in Official Record 25701 E08, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. �..��••. ••••,,., STANTEC CONSULTING SERVICES, INC. of o0 % .Lc• it / * .•'•• STEVEN E. Registered Surveyor No. 7191 Date = RADER q:. 7191 � NAL �4 C• i ,,,,,. ** PORTION OF THE PROPOSED EASEMENT EXHIBIT B DIRECTION MONUMENT LEGEND LYING WITHIN AN EXISTING EASEMENT Z R.R.S. FOUND L2 O O REBAR FOUND IRON PIN FOUND L3 IM MONUMENT BOX lJ • 3/4" IRON PIN SET -- -- -- EX. R /W -- NUMBER DELTA ANG, IRADIUS ARC LEN CHORD DIRECTION CHORD Ct 27'27'46° 25.00' 11.98' IS 63'09'55" W 11.87' NUMBER DIRECTION DISTANCE \ \ 128.97' L2 N 20'47'05" E \ L3 S 86'46 E 8.39' GOULD ADDITION \ P B. 27, PG. 36 �\ LOT 2 X \ DULD ADDITION ADDITION N0. 2 P.B. 27, PG. 73 LOT I LOT I \ \ Jv \ 29 ISAAC D. &KAY W. PENSON O � 3 �S 273- 000233 d O.R. 25701 E08 z Y m . �w� zzo V I (NM \ 0 ::, 29 0.024 ACRES _P \ ( ** 0.001 ACRES) \ \ 157+08.09 158 +43.29 I 38.00' LT. 38.00 LT. r PERM. ESMT. L2 157+16.85 L1 158 +45.82 30.00' LT. 30.00' LT. POINT OF 157+00 BEGINNING N 20'47'05" E_ 15800 C/L R/W _ _ _ DUBLIN ROAD _ -- -- -- EX. R /W -- NUMBER DELTA ANG, IRADIUS ARC LEN CHORD DIRECTION CHORD Ct 27'27'46° 25.00' 11.98' IS 63'09'55" W 11.87' NUMBER DIRECTION DISTANCE Lt S 20'47'05" W 128.97' L2 N 20'47'05" E 135.20' L3 S 86'46 E 8.39' BASIS OF BEARINGS THE PROJECT BEARING DATUM IS BASED UPOI STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), USING THE BEARING OF S 20'27'34" W AS DERNED FROM A GPS SURVEY OCCUPYING FRANKLIN COUNTY ENGINEER'S STATIONS `FRANK 73% AND "f 6642 RESET ". y� • ••,•.. . , * STEVEN E. RADER 7191 J Or PARCEL 29 —P DUBLIN ROAD SOUTH MULTI —USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO 0 30 so SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 t' Columbus, Ohio 43204 Phone: (614) 466 -4383 Registered Surveyor #7191 Date EXHIBIT A 1 of 2 CIP 08-009 PARCEL 29 -T PROJECT DUBLIN MUP Version Date 05/18/12 PARCEL 29 -T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO PERFORM MINOR GRADING and RECONSTRUCT A DRIVE Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 2419, being a part of Lot 1 of the subdivision entitled GOULD ADDITION No. 2, as recorded in Plat Book 27, Page 73, and as conveyed to Isaac D. and Kay W. Penson, by deed of record in Official Record 25701 E08, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at the northeast corner of said Lot 1 at the intersection with the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 158+45.82; Thence North 86 deg. 46 min. 34 sec. West, a distance of 8.39 feet along the northerly line of said Lot 1 to the Point of True Beginning of the herein described parcel, being 38.00 feet left of centerline station 158+43.29; Thence South 20 deg. 47 min. 05 sec. West, a distance of 135.20 feet across said Lot 1 to a point of non - tangent curvature, being 38.00 feet left of centerline station 157+08.09; Thence along the arc of a curve to the right for 7.12 feet, along the southeasterly line of said Lot 1, and along the existing northerly right -of -way line of Grandview Drive, having a radius of 25.00 feet, a central angle of 16 deg. 19 min. 37 sec., a chord bearing of South 85 deg. 03 min. 37 sec. West, a chord distance of 7.10 feet to a point of tangency, being 44.40 feet left of centerline station 157+05.00; Thence North 86 deg. 46 min. 34 sec. West, a distance of 80.00 feet along the southerly line of said Lot 1, and along the existing northerly right -of -way line of Grandview Drive, to a point being 120.67 feet left of centerline station 156 +80.87; Thence the following three (3) courses and distances across said Lot 1; 1. Thence North 03 deg. 13 min. 26 sec. East, a distance of 10.00 feet to a point being 123.69 feet left of centerline station 156 +90.40; 2. Thence South 86 deg. 46 min. 34 sec. East, a distance of 79.38 feet to a point being 48.00 feet left of centerline station 157 +14.35; 3. Thence North 20 deg. 47 min. 05 sec. East, a distance of 125.77 feet to a point in the northerly line of said Lot 1, being 48.00 feet left of centerline station 158+40.12; Thence South 86 deg. 46 min. 34 sec. East, a distance of 10.49 feet to the Point of True Beginning, containing 0.049 acres, more or less. EXHIBIT A 2of2 CIP 08-009 PARCEL 29-T PROJECr DUBLIN MUP Vasion Date 05/18/12 Of the above described area, 0.049 acres are contained within Franklin County Auditor's Parcel 273 - 000233. Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control Monuments "FRANK 73" and "FCGS 6642 RESET". This description was prepared by Steven E. Rader, registered surveyor 7191, and is based upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc., under the direction of said surveyor. Grantor claims title by the instrument of record in Official Record 25701 E08, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. ,• ,pp„n,,,h, to, o••' -1 E OF O '' -�, • ' * f STEVEN ; E. RADER o� �,.•� 7191 0� . t`C� Moat ��''• ` SV� ,•�`�,, STANTEC CONSULTING SERVICES, INC. dam. - 22,1 Registered Surveyor No. 7191 Date NUMBER DIRECTION DISTANCE L1 S 20'47'05" W 135.20' L2 N 86'46'34" W 80.00' L3 N 03'13'26" E 10.00' L4 S 86'46'34" E 79.38' L5 N 20'47'05" E 125.77' L6 S 86'46'34" E 1 10.49 , L7 I N 86'46'34" W 8.39' EXHIBITS MONUMENT LEGEND Z R.R.S. FOUND O REBAR FOUND 0 IRON PIN FOUND O (M MONUMENT BOX • 3/4" IRON PIN SET \ \ C1 16 25.00' 7.12 IS 85'03 IN 7.10' DUBLIN ROAD SOUTH COULD CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ADDITION) f 0 30 60 •• PORTION OF THE PROPOSED EASEMENT P.B. 27, PG. 36 LYING WITHIN AN EXISTING EASEMENT \ LOT 2 \ \ �3 7 COULD \ d I ADDITION N0. 2 C LOT I P.B. 27, PG. 73 vt RADER '� o " , P 7 191 0 Pho ne: (614) 486 -4383 c � P 6642 RESET" ? ss � • S J p i ,i�' IT Cri ' \ I —J 157 +0.5.00 ZY 44.40' LT. EXHIBITS MONUMENT LEGEND Z R.R.S. FOUND O REBAR FOUND 0 IRON PIN FOUND O (M MONUMENT BOX • 3/4" IRON PIN SET C1 EX. R/W - -- - — 158 +43.29 29\ 38.00 LT. P ! /! 157 +08.09_ � 38.00' LT. N 20'47'05" E _ 1 57 +00 _ tIG. TANGENT C/L _ , — 158+00 , DUBLIN ROAD -- -- -- EX. R /W -- NUMBER I DELTA ANG. I RADIUS ARC LEN I CHORD DIRECTION I CHORD \ \ C1 16 25.00' 7.12 IS 85'03 IN 7.10' DUBLIN ROAD SOUTH COULD CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ADDITION) 0 30 60 •• PORTION OF THE PROPOSED EASEMENT P.B. 27, PG. 36 LYING WITHIN AN EXISTING EASEMENT \ LOT 2 \ BASIS OF BEARINGS 7 COULD \ Stontee Consulting Services, Inc. "00 Lake Shore Drlve, Suite 100 I ADDITION N0. 2 y E. ; + LOT I P.B. 27, PG. 73 vt RADER '� o " , P 7 191 0 Pho ne: (614) 486 -4383 COUNTY ENGINEER'S STATIONS 73 AND "EGGS 40 LOT I 6642 RESET" ? ss � • S J p i ,i�' IT \ \ ' WZ ZY \ 0 29 ISAAC D. &KAY W. PENSON LU i Y ° r 273- 000233 L)i 0 - O.R. 25701 E08 \ w 0 \ o 157 +14.35 48.00' LT \� \ 30 f 29 0.049 ACRES �' - T \ (•' 0.001 ACRES) 158 +40.12 48.00' TEMP. ESMT. L5 C1 EX. R/W - -- - — 158 +43.29 29\ 38.00 LT. P ! /! 157 +08.09_ � 38.00' LT. N 20'47'05" E _ 1 57 +00 _ tIG. TANGENT C/L _ , — 158+00 , DUBLIN ROAD -- -- -- EX. R /W -- NUMBER I DELTA ANG. I RADIUS ARC LEN I CHORD DIRECTION I CHORD PARCEL 29 -T C1 16 25.00' 7.12 IS 85'03 IN 7.10' DUBLIN ROAD SOUTH MULTI -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO 0 30 60 •• PORTION OF THE PROPOSED EASEMENT SCALE IN FEET LYING WITHIN AN EXISTING EASEMENT Prepared By BASIS OF BEARINGS i�� 0 p; " �Y = `1�,y THE PROJECT BEARING DATUM IS BASED UPON STATE 4 r' STEVEN "::o Stontee Consulting Services, Inc. "00 Lake Shore Drlve, Suite 100 PLANE GRID BEARINGS FROM THE OHIO COORDINATE y E. ; + Columbus, Ohio 43204 SYSTEM, SOUTH ZONE, NAD S3 (86), AS MEASURED a USING G.P.S. METHODS THROUGH THE FRANKLIN "FRANK ", vt RADER '� o " , P 7 191 0 Pho ne: (614) 486 -4383 COUNTY ENGINEER'S STATIONS 73 AND "EGGS �" 6642 RESET" ? ss � • S J p i ,i�' 2Z /7i '= � Registered Surveyor #7191 Date