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HomeMy WebLinkAboutResolution 28-14RECORD OF RESOLUTIONS Dayton Legal Blank, Inc.. Form No, 30045 Resolution No. Passed 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.016 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.047 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM ELIZABETH MILLER, FOR THE PROPERTY LOCATED AT 367 SOUTH HIGH STREET 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'j; and WHEREAS, said Project requires that the City obtain a permanent easement and a temporary easement from Elizabeth Miller, 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, — 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 dtA day of A Q r , 2014. 1 IF ayor— ATTEST: Clerk Council 28 -14 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 t� Date: April 10, 2014 Initiated By: Sara Ott, Sr. Project Manager Re: Resolution 28 -14 — A Resolution of Intent to Appropriate a 0.016 Acre, More or Less, Permanent Easement and a 0.047 Acre, More or Less, Temporary Easement from Elizabeth Miller for the Property Located at 367 South High Street 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 Elizabeth Miller (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- 000157 Parcel 32 Permanent Easement 0.016 f acres Temporary Easement 0.047 f acres Recommendation Staff recommends approval of Resolution 28 -14 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A IofI CIP 08-009 PARCEL 32-P PROJECT DUBLIN MUP vamon Daft It/0143 PARCEL 32-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 8 of the subdivision entitled SOUTH CIVIC ADDITION, as recorded in Plat Book 22, Page 71, and as conveyed to Elizabeth S. Miller, by deed of record in Instrument Number 200101180011712, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at an iron pin found marking the southeast comer of said Lot 8 in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 162 +14.16; Thence North 85 deg. 07 min. 37 sec. West, a distance of 8.32 feet along the southerly line of said Lot 8, to a point being 38.00 feet left of centerline station 162 +11.85; Thence North 20 deg. 43 min. 23 sec. East, a distance of 85.49 feet across said Lot 8 to a point in the northerly line of said Lot 8, being 38.00 feet left of centerline station 162+97.37; Thence South 85 deg. 07 min. 37 sec. East, a distance of 8.32 feet along the northerly line of said Lot 8, to the northeast comer of said Lot 8, being 30.00 feet left of centerline station 162+99.64; Thence South 20 deg. 43 min. 23 sec. West, a distance of 85.49 feet along the easterly line of said Lot 8, and along the existing westerly right -of -way line of Dublin Road, to the Point of Beginning, containing 0.016 acres, more or less. Of the above described area, 0.016 acres are contained within Franklin County Auditor's Parcel 273- 000157. 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 200101180011712, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. • o•` — OF ° j�,, STANTEC CONSULTING SERVICES, INC. P 't......... ,Dy •,, ,, E Registered Surveyor No. 7191 Date RARER 7191 � ,���'••, %ONA1.�..'" ,,• •• PORTION OF THE PROPOSED EASEMENT EXHIBIT B LYING WITHIN AN EXISTING EASEMENT mo o ° MONUMENT LEGEND .O' R.R.S. FOUND 0 REBAR FOUND O IRON PIN FOUND IM MONUMENT BOX • 3/4" IRON PIN SET l 1 .85 162 +97.37 LT. ` 38.00' LT. PERM. ESMT. L2 r EX. R/W I.P.F. 162+14.11 POINT OF 30.00' LT. LOT 9 162+ L_ m U Q �OD J � J J C r I O N 33 e — LT. DUBLIN ROAD 162 +00 CITY OF DUBLIN 163 +00 N 20'43'23" E N 20 E WASHINGTON TWP. P.I. STA. 162 +14.14 NUMBER DIRECTION r� L7 N 85'07'37" W 8.32' L2 SOUTH CIVIC 85.49' L3 S 85'07'37" E ADDITION LONGVIEW S 20'43'23" W 85.49' P.B. 22, PG. 71 ADDITION LOT 8 P.B. 23, PG. 01 LOT I O 32 ELIZABETH S. MILLER 273- 000157 I.N. 200101180011712 z \ O.R. 839 D02 m �0 O 5a z o ON \� N 32 0.016 ACRES —P 31 \ ('* 0.002 ACRES) .85 162 +97.37 LT. ` 38.00' LT. PERM. ESMT. L2 r EX. R/W I.P.F. 162+14.11 POINT OF 30.00' LT. LOT 9 162+ L_ m U Q �OD J � J J C r I O N 33 e — LT. DUBLIN ROAD 162 +00 CITY OF DUBLIN 163 +00 N 20'43'23" E N 20 E WASHINGTON TWP. P.I. STA. 162 +14.14 NUMBER DIRECTION DISTANCE L7 N 85'07'37" W 8.32' L2 N 20'43'23" E 85.49' L3 S 85'07'37" E 8.32' L4 S 20'43'23" W 85.49' BASIS OF BEARINGS THE PROJECT BEARING DATUM IS BASED UP01 STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), USING THE BEARING OF S 20'2734" W AS DERIVED FROM A GPS SURVEY OCCUPYING FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 73', AND 'FCGS 6642 RESET ", EX. R/ PARCEL 32 -P DUBLIN ROAD SOUTH MULTI -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ,',r�prrrrarrgrrrr o 30 so OF .. ... ... . . . O'7ie SCALE IN FEET �• • •0 o Prapored B *;• STEV ••* _j Stontec Consulting Services, Inc. RADER 1500 Lake Shore Drive, Suite 100 7191 ?� Columbus, Ohio 43204 • 0 `. Phone: (614) 486 -4383 ' ' • r4rrUrN�N 1• Registered Surveyor #7191 Dote EXHIBIT A 1 of 2 OF 08-009 PARCEL 32 -T PROJECT DUBLIN MUP Version Date 05/18/12 PARCEL 32-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 Lot 8 of the subdivision entitled SOUTH CIVIC ADDITION, as recorded in Plat Book 22, Page 71, and as conveyed to Elizabeth S. Miller, by deed of record in Instrument Number 200206130146642, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at an iron pin found marking the southeast comer of said Lot 8 in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 162 +14.16; Thence North 85 deg. 07 min. 37 sec. West, a distance of 8.32 feet along the southerly line of said Lot 8, to the Point of True Beginning of the herein described parcel, being 38.00 feet left of centerline station 162 +11.85; Thence continuing North 85 deg. 07 min. 37 sec. West, a distance of 40.31 feet along the southerly line of said Lot 8, to a point being 76.77 feet left of centerline station 162+00.79; Thence the following five (5) courses and distances across said Lot 8; 1. Thence North 06 deg. 19 min. 21 sec. East, a distance of 35.20 feet to a point being 85.54 feet left of centerline station 162 +34.98; 2. Thence South 83 deg. 40 min. 39 sec. East, a distance of 5.82 feet to a point being 79.90 feet left of centerline station 162 +36.42; 3. Thence North 05 deg. 26 min. 14 sec. East, a distance of 3.53 feet to a point being 80.83 feet left of centerline station 162 +39.83; 4. Thence South 85 deg. 07 min. 37 sec. East, a distance of 37.24 feet to a point being 45.00 feet left of centerline station 162 +50.00; 5. Thence North 20 deg. 43 min. 23 sec. East, a distance of 45.39 feet across said Lot 8 to a point in the northerly line of said Lot 8, being 45.00 feet left of centerline station 162 +95.39; Thence South 85 deg. 07 min. 37 sec. East, a distance of 7.28 feet along the northerly line of said Lot 8, to a point being 38.00 feet left of centerline station 162 +97.37; Thence South 20 deg. 43 min. 23 sec. West, a distance of 85.49 feet across said Lot 8 to the Point of True Beginning, containing 0.047 acres, more or less. EXHIBIT A 2of2 CIP 08-009 PARCEL 32 -T PROJECT DUBLIN MUP Version Date 05/18/12 Of the above described area, 0.047 acres are contained within Franklin County Auditor's Parcel 273- 000157. 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 "FOGS 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 200206130146642, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. ••• „"ur14 • .• P � E OF 0,y STANTEC CONSULTING SERVICES, INC. STEVEN RAE. _ Registered Surveyor No. 7191 Date ;, /�NAI. Sur``,,;• EXHIBIT B NUMBER DIRECTION DISTANCE L1 N 85'07'37" W 40.31' L2 N 06' 19'21 " E 35.20' L3 S 83'40'39" E 5.82' L4 N 05'26'14" E 3.53' NUMBER DIRECTION DISTANCE L5 S 85'07'37" E 37.24' L6 N 20'43'23" E 45.39' L7 S 85'07'37" E 7.28' L8 S 20'43'23" W 85.49' L9 N 85'07'37" W 8.32' 0 162+11,85 38.00 LT. 38. 00 LT. ro I.P.F. L8 PERM. ESMT. o —� — — — EX. R/W F. yy A REFERENCE 162 + � 3 P� ) q 45.00' LT. y N 20'47'05" E 162 +00 CITY OF DUBLIN 163 +00 N 20'43'23" E \ \ L DUBLIN ROAD WASHINGTON TWP. ORIG. TANGENT C/L P.I. STA. 162 +14.16 162+14.14 30.00' LT. EX. R/ s`t - MONUMENT LEGEND PARCEL 32 —T O R.R.S. FOUND DUBLIN ROAD SOUTH O REBAR FOUND MULTI —USE PATH O IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ® MONUMENT BOX 0 30 60 •• PORTION OF THE PROPOSED EASEMENT 0 3/4" IRON PIN SET SCALE IN FEET LYING WITHIN AN EXISTING EASEMENT Prepared By 4 E •.. , = .0 F•. BASIS OF BEARING O S �,I di p S -= Stontec Consulting Services, Inc. THE PROJECT BEARING DATUM IS BASED UPON STATE 4 �` y STEVEN ". � 1500 Lake Shore D rive, Suite 100 PLANE GRID BEARINGS FROM THE OHIO COORDINATE y E. ; s � Columbus, Ohio 43204 SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED RADER :a P h o ne: (614) 486 - 4383 a USING G.P.S. METHODS THROUGH THE FRANKLIN a a 7191 COUNTY ENGINEER'S STATIONS "FRANK 73 ", AND • p "FCGS 6642 RESET" =FSS .... E? J i�' - 'ONAL `' ,111� Registered Surveyor #7191 Date 1 LOT 9 SOUTH CIVIC A DDIT IO N P.9. 22. PG. 71 9.2 . \ C- LOT 8 m LONGVIEW 162+34.98 ADDITION 85.54' LT. � P.9 23, PG. Of 32 ELIZABETH S. MILLER g LOT 273 - 000157 m I.N. 200206130146642 162 +36.42 O.R. 839 D02 79,90' LT. K AV 00 N J � Z 0 W a o o N R� p1SV5� 162+39.83 N = 0 13 80.83' LT. o 162 +00.7 1i0 32 r LT. 76.77' L -T 33 O U N 31 \ 0.047 ACRES (•• 0.010 ACRES) 162 +95.38 anlu�l 45.00' LT. 162+11,85 38.00 LT. 38. 00 LT. ro I.P.F. L8 PERM. ESMT. o —� — — — EX. R/W F. yy A REFERENCE 162 + � 3 P� ) q 45.00' LT. y N 20'47'05" E 162 +00 CITY OF DUBLIN 163 +00 N 20'43'23" E \ \ L DUBLIN ROAD WASHINGTON TWP. ORIG. TANGENT C/L P.I. STA. 162 +14.16 162+14.14 30.00' LT. EX. R/ s`t - MONUMENT LEGEND PARCEL 32 —T O R.R.S. FOUND DUBLIN ROAD SOUTH O REBAR FOUND MULTI —USE PATH O IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO ® MONUMENT BOX 0 30 60 •• PORTION OF THE PROPOSED EASEMENT 0 3/4" IRON PIN SET SCALE IN FEET LYING WITHIN AN EXISTING EASEMENT Prepared By 4 E •.. , = .0 F•. BASIS OF BEARING O S �,I di p S -= Stontec Consulting Services, Inc. THE PROJECT BEARING DATUM IS BASED UPON STATE 4 �` y STEVEN ". � 1500 Lake Shore D rive, Suite 100 PLANE GRID BEARINGS FROM THE OHIO COORDINATE y E. ; s � Columbus, Ohio 43204 SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED RADER :a P h o ne: (614) 486 - 4383 a USING G.P.S. METHODS THROUGH THE FRANKLIN a a 7191 COUNTY ENGINEER'S STATIONS "FRANK 73 ", AND • p "FCGS 6642 RESET" =FSS .... E? J i�' - 'ONAL `' ,111� Registered Surveyor #7191 Date