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HomeMy WebLinkAboutOrdinance 026-14RECORD OF ORDINANCES Dayton L ega l Blan Inc. Form No. 3 0043 26 -14 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.155 ACRE, MORE OR LESS, PRESENT ROAD OCCUPIED FEE SIMPLE INTEREST; A 0.045 ACRE, MORE OR LESS, PERMANENT SLOPE, GRADING AND DRAINAGE EASEMENT; AND A 0.037 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM JACK K. BEATLEY, FOR THE PROPERTY LOCATED AT 6713 GLICK ROAD FOR THE CONSTRUCTION OF A MULTI -USE PATH AS PART OF THE GLICK ROAD PHASE 3 PROJECT. WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path along Glick Road as part of Glick Road Multi -Use Path Section 3 (the " Project's; and WHEREAS, Jack K. Beatley owns property with the commonly known address of 6713 Glick Road, parcel number 600 - 341 -28- 028 -000, said property located in the City of Dublin, County of Delaware, State of Ohio; and WHEREAS, said Project requires the City obtain a 0.155 acre, more or less, present road occupied fee simple interest; a 0.045 acre, more or less, permanent slope, grading and drainage easement; and a 0.037 acre, more or less, temporary easement from Jack K. Beatley, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "13," all attached hereto, said property interest located in the City of Dublin, County of Delaware, State of Ohio. NOW, THE�tEFORE, BE IT ORDAINED 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 authorization to appropriate, for the purpose of constructing a multi -use path, a present road occupied fee simple interest, a permanent easement, and a temporary easement as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B." Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this day of 2014. Z e_ M ayor — Presiding Officer Clerk of Council V ro r ftrodd,- ATTORNEYS MEMORANDUM To: Dublin City Council Marsha Grigsby, City Manager Anne Clarke, Clerk of Council From: Stephen J. Smith Philip K. Hartmann Date: April 24, 2014 Re: Ordinance No. 26 -14 Glick Road Shared -Use Path — Section 3 Jack K. Beatley PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing to construct Glick Road Multi -Use Path Section 3 (the "Project "). The City must obtain property interests from various landowners located within the City in order to construct this Project. One of the landowners that the City must obtain property from for the construction of the Project is Jack K. Beatley (the "Grantor "). After engaging in a lengthy period of 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 may still be reached with the Grantor, however, this Ordinance authorizes the law director's office to initiate 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: Delaware Countv Parcel No. 600- 341 -29- 029 -00 Parcel WD (Fee Simple) (Present Road Occupied) 0.155 ± acres Permanent Easement 0.045 ± acres Temporary Easement 0.037± acres Frost Brown Todd LLC Ordinance 26 -14 — Land Appropriation — J. Beatley — Glick Road Shared Use Path April 24, 2014 Page 2 of 2 RECOMMENDATION: The Law Department recommends approval of Ordinance No. 26 -14 as the construction of the Project is necessary for public welfare and safety, and approval of the Ordinance will keep the Project moving forward. Parcel #60034128028000 Present Roadway Occupied 0.155 Acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Original Lot #7, in Survey 2545, Virginia Military Lands and being a part of a 1.99 acre tract conveyed to Jack K. Beatley, Trustee by Volume 439, Page 1449, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads "SLSS RS 6612" on the south Right of Way of Glick Road (50' R/W) and the northeast comer of Reserve "CCC" as delineated on Muirfield Village Phase 12 in Plat Book 12, Page 42, point also lying on the west line of said 1.99 acre tract; Thence, North 17 °04'42" West, a distance of 20.00 feet, along the west line of said 1.99 acre tract, to an iron pin set, point also being the True Point of Beginning; Thence, North 17 °04'42" West, a distance of 30.00 feet, continuing along the west line of said 1.99 acre tract, to the centerline of said Glick Road; Thence, North 72 °55'18" East, a distance of 224.55 feet, along the centerline of Glick Road (30' R/W), to the northeast comer of said 1.99 acre tract; Thence, South 17 °04'42" East, a distance of 30.00 feet, along the east line of said 1.99 acre tract, to an iron pin set; Thence, South 72 °55'18" West, a distance of 224.55 feet, crossing said 1.99 acre tract, to the Point of Beginning, containing 0.155 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. Iron pins set are 5/8" diameter by 30" long iron pins with a cap that reads "CW Design Group ". The described 0.237 acre tract is a part of Auditor's Tax Parcel Number 60034128028000 and is based on Volume 439, Page 1449, Plat Book 12, Page 23 and Plat Book 12, Page 42. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2013 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC W . OP ,� • awa® .. 05.22.2013 Charles A. Wagner - Professional Surveyor 8091 Date Q, Al�I .l 0 /fTd�! J ,��1 y - %' -... ,,91VAL 9".111 0.155 ACRE PRESENT ROADWAY OCCUPIED BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group EHOI"EEF8I BUPV EYON9 i PHONE: 614- 846 -9279 972 Unkfleld Drive $ I Worthington, Ohio 43085 s N17'04'42 "W 20.00' I — R/W 50' U U Uj oo cn ° W ° X 0 N 0 0 cn ao \9° o: PARCEL #60034128028000 PRESENT ROADWAY OCCUPIED N_ 2 a. W N g c� m w a. LL 12 -0001 1 1 05/22/2013 00 0 40 2 a 2 � w 20 N M 1 " = 40• I \ o g N 0 �, o o° J d Er C4 r 0 0 J m CA R/W to W d I f } o LL 50' S77'04'42" 2� 3/4° P/L CA R/W & P/L _W 0_ w cnrn 7 � o � 0 Ln jn J CL 00 F N Q .�:: :::::::: Ln it) Q Of Z N YO Y � U Q POINT OF BEGINNING SYMBOL LEGEND POINT OF 01. P. F. IRON PIN FOUND N17'04'42 "W @P F. IRON PIPE FOUND 30.00 REFERENCE 0I.P.S.IRON PIPE SET - 5/8" DIAMETER BY 30" LONG QF' "SLSS" RS 6612 REBAR WITH A CAP THAT READS "CW DESIGN GROUP " 0.155 ACRE PRESENT ROADWAY OCCUPIED BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group EHOI"EEF8I BUPV EYON9 i PHONE: 614- 846 -9279 972 Unkfleld Drive $ I Worthington, Ohio 43085 s N17'04'42 "W 20.00' I — R/W 50' U U Uj oo cn ° W ° X 0 N 0 0 cn ao \9° o: PARCEL #60034128028000 PRESENT ROADWAY OCCUPIED N_ 2 a. W N g c� m w a. LL 12 -0001 1 1 05/22/2013 Parcel#60034128028000 Permanent Slope, Grading and Drainage Easement 0.045 acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Original Lot #7, in Survey 2545, Virginia Military Lands and being a part of a 1.99 acre tract conveyed to Jack K. Beatiey, Trustee by Volume 439, Page 1449, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads "SLSS RS 6612" on the south Right of Way of Glick Road (50' R/W) and the northeast comer of Reserve "CCC" as delineated on Muirfield Village Phase 12 in Plat Book 12, Page 42, point also lying on the west line of said 1.99 acre tract; Thence, North 17 °04'42" West, a distance of 20.00 feet, along the west line of said 1.99 acre tract, to the south Right of Way of said Glick Road; Thence, North 72 °55'18" East, a distance of 93.79 feet, along the south Right of Way of Glick Road (30' PJW), to the True Point of Beginning; Thence, North 72 °55'18" East, a distance of 130.76 feet, continuing along the south Right of Way of said Glick Road, to the east line of said 1.99 acre tract; Thence, South 17 °04'42" East, a distance of 15.00 feet, along the east line of said 1.99 acre tract, to a point; Thence, crossing said 1.99 acre tract, the following two courses: South 72 °55'18" West, a distance of 130.76 feet, to a point; North 17 °11'07" West, a distance of 15.00 feet, to the Point of Beginning, containing 0.045 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described 0.237 acre tract is a part of Auditor's Tax Parcel Number 60034128028000 and is based on Volume 439, Page 1449, Plat Book 12, Page 23 and Plat Book 12, Page 42. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2013 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC (� OF "�. 0 ,......... CHARM 05.22.2013 JL Charles A. Wagner Professional Surveyor - 8091 Date °•Ter O ��: ..��MAI. ,,��. 0 2 40 2 0 " =40' CA R/W 50' i co a D °o N 3 I� o� I6-0 V')ou 0 0 o J m I' 'o W w u- *' IV 3/4" PA CA R/W & PA _W a Q w Q m C4 O N N ^ N LL Z Y U J 30' 15.00' 130.76' S72'55'18 "W 130.76' U) U) � _� o 0 a0o Q N Q CD O) LLJ m M O Y ; � Y a N17b4'42 "W 15.00' J a SYMBOL LEGEND OI.P. F. IRON PIN FOUND QQ P. F. IRON PIPE FOUND TEMPORARY EASEMENT AREA ® 0.045 ACRE PERMANENT SLOPE, GRADING AND DRAINAGE EASEMENT AREA n n n e� i BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (COORS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC N17'04'42 "W CA R/W 50' 12 -0001 C D ,s 8 B ' poup PARCEL #60034128028000 PHONE: 614 -846 -9279 PERMANENT SLOPE, GRADING 972 Unkfield Drive W rthington,Ohio43085 & DRAINAGE EASEMENT 1 I I 05/22/2013 POINT OF BEGINNING POINT OF REFERENCE QF' "SLSS" RS 6612 N_ U Q. U w c" ' �o o N go it o o J d N O C V <a r � CO 3 9 � w w Lu o u- 12 -0001 C D ,s 8 B ' poup PARCEL #60034128028000 PHONE: 614 -846 -9279 PERMANENT SLOPE, GRADING 972 Unkfield Drive W rthington,Ohio43085 & DRAINAGE EASEMENT 1 I I 05/22/2013 Parcel#60034128028000 Temporary Easement 0.037 Acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of Original Lot #7, in Survey 2545, Virginia Military Lands and being a part of a 1.99 acre tract conveyed to Jack K. Beatley, Trustee by Volume 439, Page 1449, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pin with a cap that reads "SLSS RS 6612" on the south Right of Way of Glick Road (50' R/W) and the northeast comer of Reserve "CCC" as delineated on Muirfield Village Phase 12 in Plat Book 12, Page 42, point also lying on the west line of said 1.99 acre tract; Thence, North 17 °04'42" West, a distance of 15.00 feet, along the west line of said 1.99 acre tract, to the True Point of Beginning; Thence, North 17 °04'42" West, a distance of 5.00 feet, continuing along the west line of said 1.99 acre tract, to the south Right of Way of said Glick Road; Thence, North 72 °55'18" East, a distance of 93.79 feet, along the south Right of Way of Glick Road (30' R/W), to a point; Thence, South 17 °04'42" East, a distance of 15.00 feet, crossing said 1.99 acre tract to a point; Thence, North 72 °55'18" East, a distance of 130.76 feet, crossing said 1.99 acre tract to a 3/4" iron pipe located at the intersection of the south Right of Way of Glick Road (50' R/W) and west line of Lot 438 as delineated on Muirfield Village, Phase 8 in Plat Book 12, Page 23; Thence, South 17 °04'42" East, a distance of 5.00 feet, along the west line of said Lot 438 to a point; Thence, crossing said 1.99 acre tract, the following three courses: South 72 °55'18" West, a distance of 163.50 feet, to a point; North 17 *11'OT' West, a distance of 15.00 feet, to a point; South 72 °55'18" West, a distance of 61.02 feet, to the Point of Beginning, containing 0.037 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records in the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described 0.237 acre tract is a part of Auditor's Tax Parcel Number 60034128028000 and is based on Volume 439, Page 1449, Plat Book 12, Page 23 and Plat Book 12, Page 42. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2013 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC e 6 C F per' /� j� ........... CHAM 40 °�`'� 05.22.2013 r � ; NAaft� g Charles A. Wagner - Professional Surveyor 8091 Date �� &.!.te�p� I 0 4 W c Ch 0 D 6MO J d 0 OD yOM ❑ r 0 0 J m — CA R/W ' (oo W a I ir LL 50' Q0 . ' " . 3/4 CA R/W & PA J , PA 517 04'42 "E 5.00' 30' 1 TEMPORARY :: EASEMENT N72'55'18 "E W .. 130.76' W a c N 0 ' =),* o° �W Q Q W V O �aQnD N_ Q W M m - j Q !D n 572'55'18 "W Sn 163.50' Q N ;' O V) N n LL Z Y S1 7'04'42 "E V 15.00' J N17'11'07 "W w .�.�:15.00' a �.• o ao ::�3 POINT OF SYMBOL LEGEND Lo BEGINNING OI.P. F. IRON PIN FOUND r- : Lo Z N ' N POINT OF Oo P. F. IRON PIPE FOUND N17'04'42 "W REFERENCE E 5.00' 1 0.037 ACRE TEMPORARY EASEMENT AREA 1 :: FF - SLSS" RS 6612 N o o PERMANENT SLOPE, GRADING AND DRAINAGE N17'04'42 "W � EASEMENT AREA I 15.00' Q i CA R/W P W N a o Ur � a BASIS OF BEARINGS N ° o THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON 50' it oo J a THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH N > N ZONE, NAD83 (COORS). o r i N N�j ❑ m a HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY o 9 fO W a IS CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN APRIL 2013 AND TO THE BEST OF MY LL KNOWLEDGE DEPICTS THE BOUNDARY LINES. i � ❑ u � C G I; CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC i 12 -0001 CW Design Grou PARCEL #60034128028000 PHONE: 614 -84 &9279 TEMPORARY a 972 Linkfleld Drive Worthington, Ohlo 43085 EASEMENT 1 05.22.2013 �