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Home My WebLink AboutResolution 33-14RECORD OF RESOLUTIONS Dayton Legal Blank, Inc_ Form No 30045 33 -14 Resolution No, Passed 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.033 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.046 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM CYNTHIA S. TAWNEY, FOR THE PROPERTY LOCATED AT 20 LONGVIEW DRIVE 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 Cynthia S. Tawney, 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 and be in force from and after the earliest date permitted by law. Passed this , day of 2014. J dMa Presiding 6fficer ATTEST: Clerk of Council I cityof Dublin To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager`\ Date: April 24, 2014 Initiated By: Sara Ott, Sr. Project Manager Memo Re: Resolution 33 -14 — A Resolution of Intent to Appropriate a 0.033 Acre, More or Less, Permanent Easement; and a 0.046 Acre, More or Less, Temporary Easement from Cynthia S. Tawney for the Property Located at 20 Longview Drive 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 Cynthia Tawney (the "Grantor "). After multiple attempts to engage in negotiations with the Grantor, it appears that the City may need to appropriate the property necessary for the project 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 - 000193 Parcel 31 Permanent Easement 0.033 f acres Temporary Easement 0.046 f acres Recommendation Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 Staff recommends approval of Resolution 33 -14, as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A 1of1 Ca' 08-M PARCEL 31-P PROJECT DUBLIN MUP Vation Date 11.1113 PARCEL 31 -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 LONGVIEW ADDITION, as recorded in Plat Book 23, Page 1, and as conveyed to Cynthia Tawney, by deed of record in Official Record 10581 J20, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at an iron pin found marking the northeast corner of said Lot 1 in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 162 +14.16; Thence South 20 deg. 47 min. 05 sec. West, a distance of 180.31 feet along the easterly line of said Lot 1, and along the existing westerly right -of -way line of Dublin Road, to the southeast corner of said Lot 1, being 30.00 feet left of centerline station 160+33.82; Thence North 85 deg. 15 min. 34 sec. West, a distance of 8.32 feet along the southerly line of said Lot 1, to a point being 38.00 feet left of centerline station 160+31.52; Thence North 20 deg. 47 min. 05 sec. East, a distance of 180.33 feet across said Lot 1 to a point in the northerly line of said Lot 1, being 38.00 feet left of centerline station 162 +11.85; Thence South 85 deg. 07 min. 37 sec. East, a distance of 8.32 feet along the northerly line of said Lot 1, to the Point of Beginning, containing 0.033 acres, more or less. Of the above described area, 0.033 acres are contained within Franklin County Auditor's Parcel 273- 000193. 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 10581 J20, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. -e A OF 0 ''• STANTEC CONSULTING SERVICES, INC. .•��P..••••-••••..,tiN0 •,s E. s Registered Surveyor No. 7191 Date RADER 6771191 ;'Q •' NAL NUMBER DIRECTION DISTANCE L7 S 20'47'05" W 180.31' L2 N 85'15'34" W 8.32' L3 N 20'47'05" E 180.33' L4 S 85'07'37" E 0 40 e0 1 \ i � r \ �o \ x C \ d \ \x v \ 1 30 EXHIBIT B PARCEL 31 -P MONUMENT LEGEN D .O' R.R.S. FOUND O O REBAR FOUND 273 - 000181 O IRON PIN FOUND MULTI -USE PATH ® MONUMENT BOX • 3/4" IRON PIN SET SOUTH CIVIC ADDITION P.B. 22, PG. 71 LOT 7 LONGVIEW ADDITION P.B. 23, PG 01 PT OF LOT i 31 CYNTHIA TAWNEY 273- 000193 O.R. 10581 J20 31 0.033 ACRES P (•• 0.002 ACRES) \ LOT 6 1 \ \ 160 +31.52 162+11.85 38.00 LT. 38.00' LT. PERM. ESMT. L3 L1 EX. R/W I.P.F. 1 160 +33.82 162+14.16 30.00 LT. P01 30.00' LT. BEC 160 +00 161+00 CITY OF DUBLIN 162 +00 ' N 20 E DUBLIN ROAD WASHINGTON TWP. — C/L — -- -- -- 7_ W u) to O MC) ;' M J n W N 32 ROSLYN JANE TURNER & PARCEL 31 -P - 30 LAURENCE K. WATKINS O DUBLIN ROAD SOUTH 273 - 000181 MULTI -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO s �pHrrrryp 0 40 e0 OF 0 05' •• PORTION OF THE PROPOSED EASEMENT 'i •. "� �• ✓p SCALE IN FEET LYING WITHIN AN EXISTING EASEMENT �A •. . Prepared By BASIS OF BEARINGS * lr $TEYEN •. * �� THE PROJECT BEARING DATUM IS BASED UPO = E Stantec Consulting Services, Inc. STATE PLANE GRID BEARINGS FROM THE OH > RADER • 1500 Loke Shore Drive, Suite 100 • Columbus, Ohio 43204 COORDINATE SYSTEM. SOUTH ZONE, NAD 83 7191 Or • Ph (614) 486 -4383 (86), USING THE BEARING OF S 20'27'34" W • O AS DERIVED FROM A GPS SURVEY OCCUPYING . ` FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK ", 'EGGS • ''••�SS / ••• • " 'v �••`' •4rrr •�Z' /� 73 AND 6642 RESET' ONA1r..aap•� - Z31 13 Registered Surveyor V191 Dote EXHIBIT A PARCEL 31 -T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO PERFORM ME40R GRADING I oft CIP 08 -009 PARCEL 31•T PROJECT DUBLIN MUP Version Date 05/18/12 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 LONGVIEW ADDITION, as recorded in Plat Book 23, Page 1, and as conveyed to Cynthia Tawney, by deed of record in Official Record 10581 J20, 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 northeast comer of said Lot 1 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 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 162 +11.85; Thence South 20 deg. 47 min. 05 sec. West, a distance of 180.33 feet across said Lot 1 to a point in the southerly line of said Lot 1, being 38.00 feet left of centerline station 160+31.52; Thence North 85 deg. 15 min. 34 sec. West, a distance of 50.00 feet along the southerly line of said Lot 1, and along the existing northerly right -of -way line of Longview Drive, to a point being 86.05 feet left of centerline station 160 +17.70; Thence the following five (5) courses and distances across said Lot 1; 1. Thence North 04 deg. 44 min. 26 sec. East, a distance of 10.00 feet to a point being 88.82 feet left of centerline station 160+27.31; 2. Thence South 85 deg. 15 min. 34 sec. East, a distance of 45.59 feet to a point being 45.00 feet left of centerline station 160 +39.91; 3. Thence North 20 deg. 47 min. 05 sec. East, a distance of 159.54 feet to a point being 45.00 feet left of centerline station 161 +99.45; 4. Thence North 85 deg. 07 min. 37 sec. West, a distance of 30.43 feet to a point being 74.27 feet left of centerline station 161 +91.11; 5. Thence North 06 deg. 19 min. 21 sec. East, a distance of 10.00 feet to a point in the northerly line of said Lot 1, being 76.77 feet left of centerline station 162+00.79; Thence South 85 deg. 07 min. 37 sec. East, a distance of 40.31 feet to the Point of True Beginning, containing 0.046 acres, more or less. EXHIBIT A 2 of 2 CIP 08-009 PARCEL 31 -T PROJECT DUBLIN MUP Version Date 05/18/12 Of the above described area, 0.046 acres are contained within Franklin County Auditor's Parcel 273- 000193. 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 10581 J20, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. •`• (E O F O ��'•. STANTEC CONSULTING SERVICES, INC. STEVEN ': * ? RADER Registered Surveyor No. 7191 Date ff p � . c 191 EXHIBIT B NUMBER DIRECTION DISTANCE L1 S 20'47'05" W 180.33' L2 N 8515'34" W 50.00' L3 N 04'44'26" E 10.00' L4 S 85' 15'34" E 45.59' 1 X r \ \ Z 1 C_ \ ey \ A i f O \ LT. NUMBER DIRECTION DISTANCE L5 N 20'47'05" E 159.54' L6 N 85'07'37" W 30.43' L7 N 06 E 10.00' L8 S 85'07'37" E 40.31' L9 I N 85'07'37" W 8.32' LONGVIEW ADDITION P.B 23, PG. 01 PT OF LOT i 31 CYNTHIA TAWNEY 273- 000193 O.R. 10581 J20 31 -T \ \ SOUTH CIVIC ADDITION P.B. 22. PG. 71 LOT \ f ` 0.046 ACRES \ (•• 0.009 ACRES) 161 +91.11 74.27' LT 161 ±99.45 45.00• �T EMP. ESMT. L5 f f W J LOT 8 N = o l o � W N N 32 162 +00.79 76.77 LT. L10 L1 Yttcm. LbM1. — 160 +31.5231 \ EX. R/W 162 +1 85 38.00' LT. p I 38.00' LT. POINT OF 160 +00 DUB� I \ N 1 R�D � \ \ ` CITY OF DUBLIN BEGINNING x 14 11 N 20'47'05" E ORIG. TANGENT CA WASHINGTON TWP. 162 +00 -- -- -- — -- +14.11 10' LT. f ROSLYN JANE TURNER & PARCEL 31 —T 30 LAURENCE K. WATKINS MONUMENT LEGEND DUBLIN ROAD SOUTH 273 - 000181 Z R.R.S. FOUND MULTI —USE PATH O REBAR FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO 0 IRON PIN FOUND 10 MONUMENT BOX o 4o so •• PORTION OF THE PROPOSED EASEMENT 3/4" IRON PIN SET SCALE IN FEET LYING WITHIN AN EXISTING EASEMENT Prepored By 1I'tl �ii� O F,�� Stantec Consulting Services, Inc. THE BEARING DATUM IS BASED UPON STATE ~P STEVENoy y: � Lose Shoe Suite 100 g PLANE GRID BEARINGS FROM THE OHIO COORDINATE R ♦ : E. ; a � : ` Columbus. Calumtws, Oh10 43204 20 4 SYSTEM, SOUTH ZONE, NAD 83 (86). AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN "FRANK ", 9• RADER o :, p 7191 °: ° .e Phone: (614) 486 - 4383 COUNTY ENGINEER'S STATIONS 73 AND 'FCGS 6642 RESET' • F R 4 � =_ s • .S ....••' JQ =, r ON AL S /'psi Registered Surveyor /7191 Dote