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Home My WebLink AboutResolution 26-14RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 26 -14 Resolution No. Passed _ , 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.029 ACRE, MORE OR LESS, PERMANENT EASEMENT AND A 0.029 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM MOHAMMED GHIATH AMMAR AND ESTER LEA AMMAR, FOR THE PROPERTY LOCATED AT 6143 DUBLIN ROAD FOR THE CONSTRUCTION OF A MULTI -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT. 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 a permanent easement and a temporary easement from Mohammed Ghiath Ammar and Ester Lea Ammar, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto, 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, I 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 permanent easement and a temporary easement as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto. 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 the Exhibits labeled "A" and depicted in the Exhibits labeled "B," and this notice shall be served according to law. Section 3. This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this ] day of _ oc i IF 2014. / yor — Presiding Officer ATTEST: Att Clerk I 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 `l`n�� Date: April 10, 2014 Initiated By: Sara Ott, Sr. Project Manager Re: Resolution 26 -14 — A Resolution of Intent to Appropriate a 0.029 Acre, More or Less Permanent Easement and a 0.029 Acre, More or Less, Temporary Easement from Mohammed Ghiath Ammar and Ester Lea Ammar, for the Property Located at 6143 Dublin Road for the Construction of a Multi -Use Path as Part of the Dublin Road South Phase 3 Project. 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. One of the landowners that the City must obtain property interests from for the construction of the Project is Mohammed Ghiath Ammar and Ester Lea Ammar (the "Grantor "). After multiple attempts to engage in 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: Franklin County Parcel No. 273 - 001408 Parcel 36 Permanent Easement 0.029 f acres Temporary Easement 0.029 f acres Recommendation Staff recommends approval of Resolution 26 -14 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A 1 oft CB' 08.009 PARCEL 36-P PROJECT DUBLIN MUP VasionDete 11/01 /13 PARCEL 36-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 that 0.521 acre tract as conveyed to Mohammed Ghiath Ammar and Ester Lea Ammar, by deed of record in Instrument Number 19991 22003 1 1432, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at the intersection of the centerline right -of -way of Marion Street and Dublin Road; said point being at centerline station 164+98.15; Thence North 20 deg. 43 min. 23 sec. East, a distance of 167.76 feet along the centerline right -of -way of Dublin Road to an angle point, being at centerline station 166+65.91; Thence North 19 deg. 40 min. 16 sec. East, a distance of 130.02 feet along the centerline right -of -way of Dublin Road to the intersection of the easterly extension of the common line of said Ammar 0.521 acre tract and the 0.524 acre tract conveyed to Frederick M. Coggin and Judith W. Harvey by deed of record in Instrument Number 199904300109030; said point being at centerline station 167+95.92; Thence North 82 deg. 15 min. 21 sec. West, a distance of 30.66 feet along the common line (and it's easterly extension) of said Ammar 0.521 acre tract and said Coggin and Harvey 0.524 acre tract, to a point in the existing westerly right -of -way line of Dublin Road; said point being 30.00 feet left of centerline station 167 +89.58, and being the Point of True Beginning of the herein described easement; Thence South 19 deg. 40 min. 16 sec. West, a distance of 123.40 feet across said Ammar 0.521 acre tract, and along the existing westerly right -of -way line of Dublin Road, to an angle point in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 166+66.18 (ahead); Thence South 20 deg. 43 min. 23 sec. West, a distance of 4.75 feet across said Ammar 0.521 acre tract, and along the existing westerly right -of -way line of Dublin Road, to a point in the common line of said Ammar 0.521 acre tract and Lot l Iof the subdivision entitled SOUTH CIVIC ADDITION, as recorded in Plat Book 22, Page 71, and conveyed to JC Land Company, Ltd., by deed of record in Instrument Number 199904300108377; said point being 30.00 feet left of centerline station 166+60.88; Thence North 78 deg. 47 min. 37 sec. West, a distance of 10.14 feet along the common line of said Ammar 0.521 acre tract and said Lot 11, to a point being 40.00 feet left of centerline station 166 +59.20; Thence North 20 deg. 43 min. 23 sec. East, a distance of 6.34 feet across said Ammar 0.521 acre tract to a point being 40.00 feet left of centerline station 166+66.27 (ahead); Thence North 19 deg. 40 min. 16 sec. East, a distance of 121.20 feet across said Ammar 0.521 acre tract to a point in the common line of said Ammar 0.521 acre tract and said Coggin and Harvey 0.524 acre tract said point being 40.00 feet left of centerline station 167 +87.47; EXHIBIT A 2 ore CIP 08-M PARCEL 36-P PROJECT DUBLIN MUP version Daft 11/0113 Thence South 82 deg. 15 min. 21 sec. East, a distance of 10.22 feet along the common line of said Ammar 0.521 acre tract and said Coggin and Harvey 0.524 acre tract to the Point of Beginning, containing 0.029 acres, more or less. Of the above described area, 0.029 acres are contained within Franklin County Auditor's Parcel 273- 001408. 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 Instrument Number 199912200311432, of the Recorder's Office, Franklin County, Ohio. A drawing EOF0 * STEVEN E. RADER s� 7181 : is attached hereto and made part thereof. STANTEC CONSULTING SERVICES, INC. ySU -,e� egistered Surveyor No. 7191 Date EXHIBIT B l� O M r` U '- 36 0.029 ACRES �0W m -P 0 N — X 166 +59.20 o a m o u 40.00 LT. �< ; DISTANCE L7 S 19'40'16" W 166 +66.27 a S 2943'23" W 1 n O PERM. ESM ° z ¢ MOHAMMED GHIATH AMMAR g 36 & ESTER LEA AMMAR U 273 - 001408 N 0.521 ACRES 35 I.N. 199912200311432 r` U '- 36 0.029 ACRES �0W m -P 0 N — X 166 +59.20 o a m o u 40.00 LT. �< ; DISTANCE L7 S 19'40'16" W 166 +66.27 a S 2943'23" W 40.00' LT. n L4 PERM. ESM L4 N 20'43'23" E 6.34' L5 N 19'40' 16" E 121.20' L6 I S 8715'21" E 10.22' L1 Tn .j 166 +60.88 �' 'p 30.00' LT. 30.00 T$ } Cif CP by - N 20 43'23 E 167.76' DUBLIN 166 +65.91 —_ T I NUMBER DIRECTION DISTANCE L7 S 19'40'16" W 123.40' L2 S 2943'23" W 4.75' L3 N 78'47'37" W 10.14' L4 N 20'43'23" E 6.34' L5 N 19'40' 16" E 121.20' L6 I S 8715'21" E 10.22' BASIS OF BEARINGS THE PROJECT BEARING DATUM IS BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), USING THE BEARING OF S 20'27'34' W AS DERIVED FROM A GPS SURVEY OCCUPYING FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 73 ", AND "FCGS 6642 RESET ". L5 EX. M z o r) U O O U 'F ul 0 Lij ¢ T O NE 0::3 rI R z L' ,NO - u FA_ 110 167 +87.47 40.00' LT. I? 1 §8 +00 0 ROAD ' N 19'40'16" E ~ R/W 130.02' TENDED 167 +95.92 EX. R MONUMENT LEGEND .C7 R.R.S. FOUND O REBAR FOUND O IRON PIN FOUND ® MONUMENT BOX • 3/4" IRON PIN SET PARCEL 36 -P DUBLIN ROAD SOUTH MULTI -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO O O 0 30 60 - P�E y'O �% SCALE FEET M Prepared By * 7WE { RADER Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 71911 :" 2 2 Columbus, Ohio 43204 - Phone: (614) 486 -4383 Registered Surveyor #7191 Date MONUMENT LEGEND .C7 R.R.S. FOUND O REBAR FOUND O IRON PIN FOUND ® MONUMENT BOX • 3/4" IRON PIN SET EXHIBIT A I of 2 C1P 09.009 PARCEL 36-T PROJECT DUBLIN MUP Vmion Date 05/18112 PARCEL 36-T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO 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 that 0.521 acre tract as conveyed to Mohammed Ghiath Ammar and Ester Lea Ammar, by deed of record in Instrument Number 199912200311432, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at the intersection of the southerly line of said Ammar 0.521 acre tract with the existing westerly right -of -way line of Dublin Road, and being the northeasterly corner of Lot 11 of the South Civic Addition of record in Plat Book 22, Page 71, and being 30.00 feet left of centerline station 166+60.88; Thence North 78 deg. 47 min. 37 sec. West, a distance of 10.14 feet along the common line of said Ammar 0.521 acre tract and said Lot 11, to the Point of True Beginning of the herein described parcel, being 40.00 feet left of centerline station 166 +59.20; Thence North 78 deg. 47 min. 37 sec. West, a distance of 30.21 feet along the common line of said Ammar 0.521 acre tract and said Lot 11, to a point being 69.80 feet left of centerline station 166 +54.21; Thence the following four (4) courses and distances across said Ammar 0.521 acre tract; 1. Thence North 19 deg. 40 min. 16 sec. East, a distance of 44.51 feet to a point being 70.00 feet left of centerline station 167+00.00; 2. Thence South 70 deg. 19 min. 44 sec. East, a distance of 30.00 feet to a point being 40.00 feet left of centerline station 167+00.00; 3. Thence South 19 deg. 40 min. 16 sec. West, a distance of 33.73 feet to a point being 40.00 feet left of centerline station 166+66.27; 4. Thence South 20 deg. 43 min. 23 sec. West, a distance of 6.34 feet to the Point of True Beginning, containing 0.029 acres, more or less. EXHIBIT A 2of2 CIP 08.009 PARCEL 36T PROJECT DUBLIN MUP Vwsioa Date 05/18/12 Of the above described area, 0.029 acres are contained within Franklin County Auditor's Parcel 273- 001408. 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 199912200311432, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. E OF STANTEC CONSULTING SERVICES, INC. * CO STEVEN RgpER - Registered Surveyor No. 7191 Date EXHIBIT B O 36) 0.029 ACRES T 1 r OF 166 +66.27 EX. R/W 1 ZING 40.00' LT. 36 -_- 166+66.80 _P ) z M p� O V � 0 � Ui 0 a rn F W5 I n E,NO �J - - - 1 8 +00 N 20'43'23" E — � DUBLIN ROAD ' N 19'40'16" E � ORITAN GENT C/L 166 +65.91 0.00' LT. EX. R/ NUMBER DIRECTION DISTANCE L1 N 78'47'37" W 30.21' L2 N 19'40'16" E 44.51' L3 S 70'19'44" E 30.00' 0 1 S 19'40'16" W } J Z L5 C 6.34' 2 O o I N 78'47'37" W 10.14' 0 Z n L) 35 x MOHAMMED GHIATH AMMAR 36 & ESTER LEA AMMAR 273- 001408 SOUTH CIVIC 0.521 ACRES L N. 19991220031 1432 ADDITION P.B. 22. PG. 71 LOT tl I 167 +00.00 166+54.21 .TAI TEMP. ESMT. 70.00' LT. 36) 0.029 ACRES T 1 r OF 166 +66.27 EX. R/W 1 ZING 40.00' LT. 36 -_- 166+66.80 _P ) z M p� O V � 0 � Ui 0 a rn F W5 I n E,NO �J - - - 1 8 +00 N 20'43'23" E — � DUBLIN ROAD ' N 19'40'16" E � ORITAN GENT C/L 166 +65.91 0.00' LT. EX. R/ NUMBER DIRECTION DISTANCE L1 N 78'47'37" W 30.21' L2 N 19'40'16" E 44.51' L3 S 70'19'44" E 30.00' L4 S 19'40'16" W 33.73' L5 S 20'43'23" W 6.34' L6 I N 78'47'37" W 10.14' MONUMENT LEGEND PARCEL 36 —T .o' R.R.S. FOUND DUBLIN ROAD SOUTH • REBAR FOUND MULTI —USE PATH • IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ® MONUMENT BOX 0 30 60 • 3/4" IRON PIN SET SCALE M FEET ��i�i....... Prepared By BASIS OF BEARINGS ttt,i�'`�E „o.. 0 =_ THE PROJECT BEARING DATUM IS BASED UPON STATE ,�` r `V I . STEVEN ✓ - ' Stontec Consulting Services, Inc. PLANE GRID BEARINGS FROM THE OHIO COORDINATE : y ' E. � Colu Lose Shore Drive, Suite 100 ' y ; � � Columbus, Ohio 43204 SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED : 9 • RADER� - P h o ne: (614) 486 -4383 G USING .P.S. METHODS THROUGH THE FRANKLIN COUN 6642 ENG RESET STATIONS "FRANK 73 ", AND Fss c : S T E? ;Q��,t�� 2 '�22 /Z Registered Surveyor 07191 Date