Loading...
HomeMy WebLinkAboutResolution 49-14RECORD OF RESOLUTIONS Passed A RESOLUTION OF INTENT TO APPROPRIATE A 0.007 ACRE, MORE OR LESS, FEE SIMPLE INTEREST; A 0.027 ACRE, MORE OR LESS, TEMPORARY EASEMENT; AND A 0.032 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM MUSCA PROPERTIES, LLC, FOR THE PROPERTY LOCATED AT 9110 DUBLIN ROAD FOR THE CONSTRUCTION OF IMPROVEMENTS AT THE INTERSECTION OF DUBLIN ROAD AND GLICK ROAD. 20 WHEREAS, the City of Dublin (the "City'), the Village of Shawnee Hills, the Ohio Department of Transportation, and the Delaware County Engineer's Office are working together to construct improvements at the intersection of Dublin Road and Glick Road (the "Project'); and WHEREAS, the City will be responsible for the property acquisition necessary for the Project; and WHEREAS, the Project requires that the City obtain a fee simple interest and two temporary easements from Musca Properties, LLC, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "13," all attached hereto, said property interest located in the Village of Shawnee Hills, County of Delaware, State of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 4.t_ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of constructing improvements at the intersection of Dublin Road and Glick Road, a fee simple interest and two temporary easements as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "13," 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 "13," 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 Qnqh day of 2014. a ay = or— 4Pre Officer ATTEST: L 7 D ayto n Legal B I Form No 30 045 49 -14 Resolution No. Clerk of 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: June 9, 2014 Initiated By: Paul A. Hammersmith, Director of Engineering Jean -Ellen M. Willis, PE, Engineering Manager — Transportation Philip K. Hartmann, Assistant Law Director Memo Re: Updated memo - Dublin Road & Glick Road Intersection Improvement Project Resolutions of Intent to Appropriate — 49 -14 through 52 -14 Background The City of Dublin ( "City "), the Village of Shawnee Hills, the Ohio Department of Transportation, and the Delaware County Engineer's Office (collectively, the "Project Partners') are working together to construct improvements at the intersection of Dublin Road and Glick Road (the 'Project "). The Project includes construction of left turn lanes on each approach and will improve the sight distance on the north leg of the intersection by cutting down the hill by the El Vaquero restaurant. Pedestrian facilities will be added to the north side of Glick Road, west of Dublin Road, and the traffic signal will be upgraded to include such items as new mast arms, pedestrian push buttons in all four quadrants, and LED signal heads. The common goal among the Project Partners is to improve safety and efficiency for pedestrians, bicyclists, and motorists. On behalf of the Project Partners, the City will be the main point of contact regarding the property acquisition necessary for the Project. The Project requires the acquisition of property interest from the following property owners: • Scioto Family Partnership (settled) • Scioto Family Partnership (settled) • Musca Properties, LLC, an Ohio Limited Liability Company (49 -14) • Mary J. Williston, Trustee of the Mary J. Williston Trust (50 -14) • Stephen H. and Kendra E. Heinlen (51 -14) • Larry F. and Catherine A. Burchfield (52 -14) The City is hopeful that an amicable resolution may be reached with the property owners; however, these Resolutions begin the eminent domain process in the event that negotiations are unsuccessful. Acquisition The property acquisition consists of the following property interests from each of the above -named property owners, as depicted in the maps attached hereto: Memo re. Res 49 -14 through 52 -14 - Dublin Road & Glick Road Intersection Improvement Project June 9, 2014 Page 2 of 2 Property Owner Parcel Property Interests Auditor Parcel ID No. Number Mary J. Williston, 4 -WD Fee Simple Interest 600 - 432 -29- 004 -000 Trustee of the Mary (0.472 acre t, of which 0.419 J. Williston Trust acre t is Present Road Occupied) Res. 50 -14 4 -T Temporary Easement (0.259 acre t) Scioto Family 5 -WD Fee Simple Interest 600 - 432 -25- 010 -000 Partnership (0.006 acre t) (agreement reached) 5 -T Temporary Easement (0.074 acre t) Musca Properties, 6 -WD Fee Simple Interest 600 - 432 -23- 012 -000 LLC (0.007 acre t) Res. 49 -14 6 -T1 Temporary Easement (0.027 acre t) 6 -T2 Temporary Easement (0.032 acre t) Larry & Catherine 7 -T Two Temporary Easements 600 - 432 -22- 026 -000 Burchfield (0.008 acre t and 0.024 acre t) 600 - 432 -22- 027 -000 Res. 52 -14 Scioto Family 8 -T Temporary Easement 600 - 432 -22- 025 -000 Partnership (0.008 acre t) (agreement reached Stephen & Kendra 10 -WD Fee Simple Interest 600 - 432 -19- 024 -000 Heinlen (0.052 acre t) Res. 51 -14 10 -S Sewer Easement (0.009 acre t) 10 -T1 Temporary Easement (0.016 acre t) 10 -T2 Temporary Easement (0.054 acre t) Recommendation The Law Department recommends approval of Resolution Nos. 49 -14 through 52 -14 as the construction of the Project is necessary for public welfare and safety, and approval of the Resolutions will keep the Project moving forward. EXHIBIT A Ver. Datc. 02/13/2014 Page I oft PARCEL 6•WDV ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS Grantor /Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression "Grantor /Owner" includes the plural, and words in the masculine include the feminine or neuter). Situated in the State of Ohio, County of Delaware, Village of Shawnee Hills, Township of Concord, Virginia Military Survey Number 2545, being part of a 1.543 acre tract, in the name of Musca Properties, LLC, an Ohio Limited Liability Company (the grantor), as recorded in Official Record 399, Page 62, all references being to those of record in the Recorder's Office, Delaware County, Ohio, and being more particular described as follows: Commencing, for reference, at a 5/8 inch rebar (set) inside of a monument box at the northerly intersection of the existing centerline of right of way of Glick Road (width varies) and the existing centerline of right of way of Dublin Road (width varies), said northerly intersection point being Glick Road station 50+00.00 and Dublin Road station 20+00.00, said rebar (set) being North 15 degrees 33 minutes 44 seconds West, a distance of 2.73 feet from a 518 inch rebar (set) inside of a monument box at the southerly intersection of the existing centerline of right of way of Glick Road and the existing centerline of right of way of Dublin Road, said southerly intersection being Glick Road station 19 +97.27 and Dublin Road station 49 +99.91; Thence, along the existing centerline of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance of 36.35 feet to a point, at Dublin Road station 20 +36.35; Thence, leaving said centerline, North 74 degrees 26 minutes 16 seconds East, a distance of 40.00 feet to an iron pin (set) at the intersection of the easterly existing right of way line of said Dublin Road and the northerly existing right of way line of said Glick Road, said intersection being 35.00 feet left of Glick Road station 50 +40.67, and also being The Point of Beginning of the parcel herein described: Thence, along the easterly existing right of way line of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance of 39.54 feet to an iron pin (set), 40.00 feet right of Dublin Road station 20 +75.89; Thence, leaving said existing right of way line, through the grantor's tract, in a southeasterly direction, an arc distance of 61 .20 feet, along the arc of a curve deflecting to the left, having a central angle of 87 degrees 39 minutes 30 seconds , a radius of 40.00 feet, and a chord that bears South 59 degrees 23 minutes 29 seconds East, a distance of 55.40 feet, to an iron pin (set) on the northerly existing right of way line of said Glick Road, 35.00 feet left of Glick Road station 50 +76.97; Thence, along the northerly existing right of way line of said Glick Road, in a southwesterly direction, an arc distance of 38.38 feet, along the arc of a curve deflecting to the left, having a central angle of 03 degrees 24 minutes 32 seconds, a radius of 645.00 feet, and a chord that bears South 75 degrees 04 minutes 30 seconds West, a distance of 38.37 feet, to The Point of Beginning and containing 0.007 acres, more or less, with 0.000 acres, more or less, being within the Present Roadway Occupied (P.R.O.). The bearings in the above description are based on the bearing between Delaware County Engineer's Monuments "97 -006" & "97 -142" being North 72 degrees 52 minutes 25 seconds East, as measured on the Ohio State Plane Coordinate System, South Zone, 2007 adjustment. All iron pins set are 5!8 "00" rebar, capped with a yellow id stamped "Mullaney P.S. 7900 ". All references being to those of record in the Recorder's Office, Delaware County, Ohio. Subject to any and all easements, rights of way, conditions and restrictions of record, all legal highways, zoning ordinances, rules and regulations. This description was prepared based on an actual field survey by GPD Group dba Glaus, Pyle, Schomer, Burns, & DeHaven, Inc. performed under the direct supervision of Steven L. Mullaney, Registered Surveyor #7900, in December, 2013. Glaus, Pyle, Schomer, Burns, & DeHaven, Inc. �� 0� 0, Glaus, GPD Group 03 STEVEN �0 L, er 14 ivl MULLANEY * Stev n L. ullaney, P.S. 7900 fessional Surveyor No. 7900 0 February 14, 2014 I %Cad1PRODUCfIONIPROJFCTS 110917.00 Dublin - Dublin & Glick R0Wllcgah06- WDV.docx GPD Group 1801 Watermark Drive, Suite 150 Glaus, Pyle, Schomer, Burns, & Columbus, Ohio 43215 DeHaven, Inc. Phone: 614- 210 -0751 / Fax: 614 - 210 -0752 EXHIBIT A Ver. Date: 01/21/2014 Page t of 2 PARCEL 6 -T1 DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADING EASEMENT Situated in the State of Ohio, County of Delaware, Village of Shawnee Hills, Township of Concord, Virginia Military Survey Number 2545, being part of a 1.543 acre tract, in the name of Musca Properties, LLC, an Ohio Limited Liability Company (the grantor), as recorded in Official Record 399, Page 62, all references being to those of record in the Recorder's Office, Delaware County, Ohio, and being more particular described as follows: Commencing, for reference, at the intersection of the existing centerline of right of way of Glick Road (width varies) and the existing centerline of right of way of Dublin Road (width varies), said 'intersection point being Glick Road station 50+00.00 and Dublin Road station 20400.00; Thence, along the existing centerline of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance of 36.35 feet to a point, at Dublin Road station 20 +36.35, Thence, leaving said centerline, North 74 degrees 26 minutes 16 seconds East, a distance of 40.00 feet to a point at the intersection of the easterly existing right of way line of said Dublin Road and the northerly existing right of way line of said Glick Road, said intersection being 35.00 feet left of Glick Road station 50 +40.67; Thence, along the easterly existing right of way line of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance of 39.54 feet to an iron pin (set), 40.00 feet right of Dublin Road station 20 +75.89, and The Point of Beginning of the parcel herein described: Thence, continuing along said existing right of way line, North 15 degrees 33 minutes 44 seconds West, a distance of 34.11 feet to a point, 40.00 feet right of Dublin Road station 21 +10.00; Thence, leaving said existing right of way line, through the grantor's tract, for the following three (3) calls: I. South 28 degrees 05 minutes 28 seconds East, a distance of 46.10 feet to a point, 50.00 feet right of Dublin Road station 20 +65.00; 2. South 57 degrees 10 minutes 07 seconds East, a distance of 31.85 feet to a point, 40.00 feet right of Glick Road station 50 +70.00; 3. A northeasterly direction, an arc distance of 132.92 feet, along the are of a curve deflecting to the right, having a central angle of 11 degrees 43 minutes 00 seconds , a radius of 650.00 feet, and a chord that bears North 81 degrees 59 minutes 00 seconds East, a distance of 132.69 feet, to a point on the northerly existing right of way line of said Glick Road, 40.00 feet left of Glick Road station 51494.74; Thence, along said existing right of way line, South 68 degrees 40 minutes 09 seconds West, a distance of 15.75 feet to a point, 35.00 feet left of Glick Road station 514 80.67; Thence, continuing along said existing right of way line, in a southwesterly direction, an arc distance of 109.66 feet, along the arc of a curve deflecting to the left, having a central angle of 09 degrees 44 minutes 27 seconds, a radius of 645.00 feet, and a chord that beats South 81 degrees 38 minutes 59 seconds West, a distance of 109.53 feet, to an iron pin (set), 35.00 feet left of Glick Road station 50 +76.97; Thence, leaving said existing right of way line, through the grantor's tract, in a northwesterly direction, an arc distance of 61.20 along the arc of a curve deflecting to the right, having a central angle of 87 degrees 39 minutes 30 seconds , a radius of 40.00 fat, and a chord that bears North 59 degrees 23 minutes 29 seconds West, a distance of 55.40 feet, to The Point of Beginning and containing 0.027 acres, more or less. The bearings in the above description are based on the bearing between Delaware County Engineer's Monuments "97 -006" & "97 -142" being North 72 degrees 52 minutes 25 seconds East, as measured on the Ohio State Plane Coordinate System, South Zone, 2007 adjustment. All references being to those of record in the Recorder's Office, Delaware County, Ohio. Subject to any and all easements, rights of way, conditions and restrictions of record, all legal highways, zoning ordinances, rules and regulations. This description was prepared based on an actual field survey by GPD Group dba Glaus, Pyle, Schomer, Burns, & DeHaven, Inc. performed under the direct supervision of Steven L. Mullaney, Registered Surveyor #7900, in December, 2013. Glaus, Pyle, Schomer, Burns, & DeHaven, Inc. �fi dba GPD Group G� STEVEN Q . MULLANEY .p� 7800 �q Stev n L. ullaney, P.S. 53" rofessional Surveyor No. 7900 U RVE - q� ¢ January 21, 2014 1'[ ad 1PRODuc Dublin - Dublin & Glick',R0W11cga1106 -T1 docx GPD Group 1801 Watermark Drive, Suite 150 Glaus, Pyle, Schomer, Burns, & Columbus, Ohio 43215 DeHaven, Inc. Phone: 614 -210 -0751 / Fax: 614- 210 -0752 EXHIBIT A Vcr. Date: 01i21/2014 Page I of PARCEL 6 -T2 DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADING EASEMENT Situated in the State of Ohio, County of Delaware, Village of Shawnee Hills, Township of Concord, Virginia Military Survey Number 2545, being part of a 1.543 acre tract, in the name of Musca Properties, LLC, an Ohio Limited Liability Company (the grantor), as recorded in Official Record 399, Page 62, all references being to those of record in the Recorder's Office, Delaware County, Ohio, and being more particular described as follows: Commencing, for reference, at the intersection of the existing centerline of right of way of Glick Road (width varies) and the existing centerline of right of way of Dublin Road (width varies), said intersection point being Glick Road station 50+00.00 and Dublin Road station 20 +00.00; Thence, along the existing centerline of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance of 36.35 feet to a point, at Dublin Road station 20 +36.35; Thence, leaving said centerline, North 74 degrees 26 minutes 16 seconds East, a distance of 40.00 feet to a point at the intersection of the easterly existing right of way line of said Dublin Road and the northerly existing right of way line of said Glick Road, said intersection being 35.00 feet left of Glick Road station 50+40.67; Thence, along the easterly existing right of way line of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance of 134.65 feet to a point, 40.00 feet right of Dublin Road station 21 +71.00, and The Point of Beginning of the parcel herein described: Thence, continuing along said existing right of way line, North 15 degrees 33 minutes 44 seconds West, a distance of 56.61 feet, to the grantor's northwesterly corner and the southwesterly corner of a 0.373 acre tract in the name of Larry F. & Catherine A. Burchfield, as recorded in Deed Volume 624, Page 692, recorder's office, said corner being 40.00 feet right of Dublin Road station 22 +27.61, and being witnessed by a 5/8 inch rebar (found) at a bearing of South 46 degrees 35 minutes 31 seconds East, and a distance of 0.03 feet; Thence, leaving said existing right of way line, along said property line, North 75 degrees 58 minutes 04 seconds East, a distance of 25.01 feet to a point 65.00 feet right of Dublin Road station 22 +26.94; Thence, leaving said property line, through the grantor's tract, South 15 degrees 33 minutes 44 seconds East, a distance of 55.94 feet to a point, 65.00 feet right of Dublin Road station 21 +71.00; Thence, continuing through the grantor's tract, South 74 degrees 26 minutes 16 seconds West, a distance of 25.00 feet to The Point of Beginning and containing 0.032 acres, more or less. The bearings in the above description are based on the bearing between Delaware County Engineer's Monuments "97 -006" & "97 -142" being North 72 degrees 52 minutes 25 seconds East, as measured on the Ohio State Plane Coordinate System, South Zone, 2007 adjustment. All references being to those of record in the Recorder's Office, Delaware County, Ohio. Subject to any and all easements, rights of way, conditions and restrictions of record, all legal highways, zoning ordinances, rules and regulations. This description was prepared based on an actual field survey by GPD Group dba Glaus, Pyle, Schomer, Burns, & DeHaven, Inc. performed under the direct supervision of Steven L. Mullaney, Registered Surveyor #7900, in December, 2013. Glaus, Pyle, Schomer, Burns, & DeHaven, Inc. �� dba GPD Group C�7 STEVEN Q L c * MULLANEY 7900 �p tev L. Mullaney, P.S. cis Nol essional Surveyor No. 7900 January 21, 2014 1 :CaffRODUC 1 IOMPROJECTSA0917 00 Dublin - Dublin & 0hck1R01NIega110642.docx GPD Group 1801 Watermark Drive, Suite 150 Glaus, Pyle, Schomer, Burns, & Columbus, Ohio 43215 DeHaven, Inc. Phone: 614- 210 -0751 J Fax: 614- 210 -0752 GPD GROUP. � aNa easier, suns s n1e 1601 WMWMWk Odra, Sues 150 Qkff , OM 47215 614.210.0751 Fox 614210.0725 cq*VtsK%F,Y,Sdg ,8 m &O"h.mee.20U C 1 A = 8T39'30" LT. R = 40.00' L = 61.20' Ch Brg = S5T23'29 "E Ch = 55.40' EXHIBIT B PARCEL 6 -WDV DUBLIN ROAD & GLICK ROAD INTERSECTION IMPROVEMENTS CONCORD TOWNSHIP, V.M.S. 2545, VILLAGE OF SHAWNEE HILLS, DELAWARE COUNTY, OHIO C2 A = 03'24'32 LT. R = 645.00' L = 38.38' Ch Brg = S75'04'30'W Ch = 38.37 y 1 i 4 f— E '�� e.au t� of L �. It".ULLriINEY . -p 713G0 r,� 'I I MUSCA PROPERTIES, LLC., AN OHIO LIMITED LIABILITY COMPANY 60043223012000 1.543 ACRES 0.007 ACRES O.R. 399, PG. 62 �; % l 6 6 LEGEND . 5/8" REBAR WITH CAP STAMPED "MULLANEY P.S. 79W ® 5/8" X 30" REBAR INSIDE OF MONUMENT BOX BASIS OF BEARINGS: THE BEARINGS FOR THIS SURVEY ARE BASED THE BEARINGS BETWEEN DELAWARE COUNTY ENGINEER'S MONUMENTS "97- 006" do "97- 142" BEING N 72'52'25" E, AS MEASURED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, 2007 ADJUSTMENT. l ov.. c� 0 0 0 0 a O m O � N � J D n o � �n 3 Q m Q_ Q U) �0 CD 3 CD Q r+- IL -.- 0 O ' � N N D n O CD D 3 o ~ � U+Ln -0 Q m Q 0 Q Q O �p (D 75 3 Q N Q Q G O %is 10- 006 —CIP o� ftj I DUBLIN ROAD AND GLICK ROAD INTERSECTION IMPROVEMENTS I WALGREENS PROPOERTY I N Z7 90021 0�`gnc e, c, 0 0 Wu a City of Dublin