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Home My WebLink AboutOrdinance 016-14RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 16 -14 Passed . 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE 0.051 ACRES, MORE OR LESS, TEMPORARY EASEMENT FROM DONALD P. BURNS AND CHERYL L. BURNS, AND DECLARING AN EMERGENCY EAS the City of Dublin (the "City ") is preparing to construct a multi -use path >ublin Road (the "Project'j; and EAS, said project requires that the City obtain certain property interest within 1 County Parcel No. 270 - 000398 owned by Donald P. Burns and Cheryl L. ;the "Grantors "), said property interest more fully described in the Exhibit "A" and depicted in the Exhibit labeled "B," all attached hereto; and wnCKCAS, 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 Six Hundred Dollars ($600.00); 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, __Z_ of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.051 acres, more or less, temporary easement for two (2) years, commencing on the date construction begins, from Donald P. Burns and Cheryl L. Burns, for the sum of Six Hundred Dollars ($600.00), said property interest located within Franklin County Parcel No. 270 - 000398, 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 /' M day of 2014. yor — Presiding Officer ATTEST: t �� 1 t Jerk 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: March 20, 2014 Initiated By: Sara Ott, Sr. Project Manager Memo Re: Ordinance 16 -14 - Authorizing the City Manager to Execute Necessary Conveyance Documents to Acquire 0.051 Acres, More or Less, Temporary Easement from Donald P. Burns and Cheryl L. Burns 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 a calculated value to each of these landowners. The City must obtain property interests for the construction of the Project from Donald P. Burns and Cheryl L. Burns (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 descriptions and maps attached to this memorandum. The City will be acquiring these property interests for their estimated value. The acquisition is detailed below: Property Interest Acquiring Description Estimated Value Temporary Construction and 0.051 Acres $600.00 Grading Easement Total $ 600.00 Estimation Calculations The process used to estimate the value of the temporary easement area is very similar to that used in the appraisals commissioned by the City for permanent easements. A square foot land value is established for the lot based upon comparable properties identified in appraisals commissioned for permanent easements in the same project. The square footage land value is then multiplied by the square footage of area disturbed by the project. This value is multiplied by 10 %, in recognition of the temporary nature of the easement's Memo re. Ordinance 16 -14 - Dublin Road South — Burns Easement March 20, 2014 Page 2 of 2 purpose. Finally, if any planting beds or trees are removed, a value is calculated for these elements and added to the land value. Recommendation Ordinance 16 -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 16 -14 at the second reading /public hearing on April 14 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A loft CIP 08-009 PARCEL 26-T PROJECT DUBLIN MUP Vasion Dee 05/18/12 PARCEL 26-T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO PERFORM MINOR GRADING Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 2419, being a part of Lot 2 LEPPERT SUBDIVISION as recorded in Plat Book 27, Page 13, as conveyed to Donald P. Burns and Cheryl L. Bums, by deed of record in Instrument Number 201207270108158, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at the northeast corner of said Lot 2 in the existing westerly right -of -way line of Dublin Road, being 40.00 feet left of centerline station 153+00.48; Thence South 05 deg. 26 min. 35 sec. West, a distance of 133.29 feet, along the northerly line of said Lot 2, and along the existing westerly right -of -way line of Dublin Road to a point of tangent curvature, being 40.00 feet left of centerline station 151+67.19; Thence along the are of a curve to the right for 28.98 feet, along the southeasterly line of said Lot 2, and along the existing northerly right -of -way line of Marilea Drive, having a radius of 25.00 feet, a central angle of 66 deg. 25 min. 19 sec., a chord bearing of South 38 deg. 39 min. 14 sec. West, a chord distance of 27.39 feet, to a point of non - tangency, being 55.00 feet left of centerline station 151+44.27; Thence North 05 deg. 26 min. 35 sec. East, a distance of 155.41 feet across said Lot 2 to a point in the northerly line of said Lot 2, being 55.00 feet left of centerline station 152 +99.68; Thence South 87 deg. 35 min. 25 sec. East, a distance of 15.02 feet along the northerly line of said Lot 2 to the Point of Beginning, containing 0.051 acres, more or less. Of the above described area, 0.051 acres are contained within Franklin County Auditor's Parcel 270-000398. 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 Instrument Number 201207270108158, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. dig �P( O�;O'+yy,, STANTEC CONSULTING SERVICES, INC. 1 RISER Registered Surveyor No. 7191 Date 711" �Qr ** PORTION OF THE PROPOSED EASEMENT LYING WITHIN AN EXISTING EASEMENT I I � r10 { I I 1 I rn { x x w C y 0 3 C b j aW I 1 Z _ p I F Q N 25 I I 151 I I 55.( CL ESMT. C1 E X. ES MT I 151+00 L _W 05 E �— EXHIBIT B MONUMENT LEGEND Z R.R.S- FOUND 0 REBAR FOUND 0 IRON PIN FOUND ® MONUMENT BOX • 3/4" IRON PIN SET ITI LEPPERT I DIRECTION SUBDIVISION LOT I P B. 27. PS 13 133.29' LOT 2 I I N 05 E 155.41' x S 8735'25" E z v1 RADER sa w I I 0. a COUNTY ENGINEER'S STATIONS 73', AND P. BURNS do z O DONALD 28 CHERYL L. BURNS z i ON AL 270- 000398 J n I.N. 201207270108158 a1$ J O I W On YN 27 26 0.051 ACRES T (•• 0.016 ACRES) •• LT _TEMP. ESMT. L2 �SAWA �� EA EX. ESNO '.19 151 300 41 LT, POINT OF 40.00 LT. 1 52 +00 DUBLIN ROAD EX. R/W NUMBER DELTA ANG. RADIUS JARC LEN CHORD DIRECTION CHORD C1 66'25'19" 25.00' 1 38'39'14" W 27.39' NUMBER DIRECTION DISTANCE L1 S 05'26'35" W 133.29' L2 N 05 E 155.41' L3 S 8735'25" E 15.02' _ 153 +00 _ ORIG- TANGENT C/L ' PARCEL 26 -T DUBLIN ROAD SOUTH MULTI -USE PATH WASHINGTON T"., FRANKLIN COUNTY, OHIO 0 40 80 SCALE IN FEET Prepared By BASIS OF BEARINGS S E "' o – s ,�� STEVEN yo Inc. THE PROJECT BEARING DATUM IS BASED UPON STATE `` 1 1800 Lake Shore Drive, Suite 100 PLANE GRID BEARINGS FROM THE OHIO COORDINATE t • ; E. ; ♦ Columbus. Ohio 43204 SYSTEM, SOUTH ZONE. NAD 83 (86), AS MEASURED v1 RADER sa Phone: (614) 466 - 4383 USING G.P.S. METHODS THROUGH THE FRANKLIN "FRANK COUNTY ENGINEER'S STATIONS 73', AND 'FCGS 6642 RESET' z i ON AL /Q� Registered Surveyor #7191 Dote