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HomeMy WebLinkAboutOrdinance 083-14RECORD OF ORDINANCES Dgyton Legal Blank, lac. 83 -14 Ordinance No. Passed Fw No.30043 zo AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.027 ACRE, MORE OR LESS, PERMANENT EASEMENT AND A 0.022 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM BRUCE C. MILLER AND SHARON C. MILLER FOR THE PROPERTY LOCATED AT 6189 DUBLIN ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City") is preparing to construct a shared -use path along Dublin Road (the "Project'j; and WHEREAS, said Project requires that the City obtain certain property interest within Franklin County Parcel No. 273 - 000147 owned by Bruce C. Miller and Sharon C. Miller (the "Grantors "), said property interest more fully described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto; and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of Four Thousand Seven Hundred Forty Dollars ($4,740.00); and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantors. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, i of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.027 acre, more or less, permanent easement, as well as a 0.022 acre, more or less, temporary easement for two (2) years, commencing on the date construction begins, from Bruce C. Miller and Sharon C. Miller, for the sum of Four Thousand Seven Hundred Forty Dollars ($4,740.00), said property interest located within Franklin County Parcel No. 273 - 000147, and as more fully described in the attached Exhibits "A" and depicted in the attached Exhibits "B." Section 2. This Ordinance is declared to be an emergency necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that obtaining the property interest is necessary for the advancement of this Project. The ordinance shall therefore take effect immediately upon passage. Passed this day of 2014. J or — Presiding cer ATTEST: Cldr Cou I cityof Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager `M_- Date: August 7, 2014 Initiated By: Paul A. Hammersmith, Director of Engineering Michael S. Sweder, Civil Engineer II Philip K. Hartmann, Assistant Law Director Memo Re: Ordinance 83 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE 0.027 ACRE, MORE OR LESS, PERMANENT EASEMENT AND 0.022 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM BRUCE C. MILLER AND SHARON C. MILLER, FOR THE PROPERTY LOCATED AT 6189 DUBLIN ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT, AND DECLARING AN EMERGENCY. Background The City of Dublin ( "City ") is preparing to construct a shared -use path along Dublin Road (the "Project'D. The City is obtaining certain permanent property interests from various landowners to construct the path, as well as acquiring temporary easements to perform minor grading and construction. Bruce C. and Sharon C. Miller (the "Grantors') own property from which the City desires a permanent easement and a temporary easement. This property is located at 6189 Dublin Road, Dublin, OH 43017 and is identified as Franklin County Parcel No. 273 - 000147. After engaging in amicable discussions, the City has come to an agreement with the Grantors to acquire the property for the appraised value of Four Thousand Seven Hundred Forty Dollars ($4,740.00), pursuant to the terms outlined in this memorandum. Acquisition The City will be acquiring from the Grantors only the property interest necessary for purposes of the Project, as depicted in the legal description and depiction attached to this memorandum. The property interest is detailed below: Ord. 83 -14 — Dublin Road South Shared -Use Path - Bruce C. and Sharon C. Miller August 7, 2014 Page 2 of 2 Franklin County Parcel No. 273 - 000147 Property Interest Acquiring Description Appraised Value Permanent Easement 0.027 acre f $4,065.00 Temporary Easement 0.022 acre f $675.00 TOTAL $4,740.00 Recommendation Ordinance No. 83 -14 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interest described above. Staff recommends that Council dispense with the public hearing and approve Ordinance No. 83 -14 by emergency at the August 11 Council meeting in order to continue moving forward with the Project. EXHIBIT A I of 2 CIP 08-009 PARCEL 38 -P PROJECT DUBLIN MUP Version Daze 02/14114 PARCEL 38-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 0.605 acre tract as conveyed to Bruce C. and Sharon C. Miller, by deed of record in Official Record 11529 J07, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at an iron pin found at the intersection of the common line of Virginia Military Surveys 2419 and 2542 with the existing right -of -way centerline of Dublin Road, at the northeast comer of said Miller 0.605 acre tract, being at centerline station 170+00.85; Thence North 82 deg. 23 min. 49 sec. West, a distance of 31.16 feet along the northerly line of said Miller 0.605 acre tract, and along the common line of Virginia Military Surveys 2419 and 2452, to the intersection with the existing westerly right -of -way line of Dublin Road, being the Point of True Beginning of the herein described parcel, and being 30.00 feet left of centerline station 170+09.29; Thence South 08 deg. 07 min. 06 sec. East, a distance of 31.81 feet across said Miller 0.605 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 169 +77.48; Thence South 19 deg. 40 min. 16 sec. West, a distance of 70.86 feet across said Miller 0.605 acre tract, and along the existing westerly right -of -way line of Dublin Road, to a point in the common line of said Miller 0.605 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, being 30.00 feet left of centerline station 168 +91.78; Thence North 82 deg. 15 min. 21 sec. West, a distance of 10.22 feet along the common line of said Miller 0.605 acre tract and said Coggin and Harvey 0.524 acre tract, to a point being 40.00 feet left of centerline station 168 +89.67; Thence North 19 deg. 40 min. 16 sec. East, a distance of 50.33 feet across said Miller 0.605 acre tract, and parallel to the existing westerly right -of -way line of Dublin Road, to a point being 40.00 feet left of centerline station 169 +40.00; Thence North 02 deg. 31 min. 59 sec. East, a distance of 50.86 feet across said Miller 0.605 acre tract to a point in the common line of Virginia Military Surveys 2419 and 2452, being the common line of said Miller 0.605 acre tract and the 0.807 acre tract conveyed to Jane E. Fox, by deed of record in Instrument Number 200207150172396; said point being 40.00 feet left of centerline station 170+12.10; Thence South 82 deg. 23 min. 49 sec. East, a distance of 10.39 feet along the common line of Virginia Military Surveys 2419 and 2452, and the common line of said Miller 0.605 acre tract and said Fox 0.807 acre tract, to the Point of True Beginning, containing 0.027 acres, more or less. EXHIBIT A 2 42 CIP 08.009 PARCEL 38 -P PROJECT DUBLIN MUP Version Dare 02/14114 Of the above described area, 0.027 acres are contained within Franklin County Auditor's Parcel 273- 000147. 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 11529 J07, of the Recorder's Office, Franklin County, Ohio. A drawing of this OVscription is attached hereto and made part thereof. ��. E OF 0 =. STANTEC CONSULTING SERVICES, INC. STEVEN ,'yj0 1. 1. ," _ E. . v " .Lho RADER - " Registered Surveyor No. 7191 Date b�O � 7191 User Name: tbaker Date: 02 -13 -14 Project: 173608519 - Dublin Rd Bike Path Time: 11:47:01 Create Mapcheck Reports Page: 1 Lot Name: 38 -P Lot Description: PERMANENT EASEMENT Lot ID: 273 - 000147 Lot Owner: BRUCE & SHARON MILLER Lot Area (Square Feet): 1178 Lot Area (Acres): 0.027 Lot Perimeter: 224.4655 Closing Direction: N36 11 W Closing Distance: 0.0005 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 763207.93124 1797060.62000 508 11 E 31.808 763176.44200 1797065.11183 S19 °40 "W 70.855 763109.72209 1797041.26052 N82 0 15 1 21.4 "W 10.221 763111.09935 1797031.13274 N19 0 40'16.2 "E 50.329 763158.49116 1797048.07456 NO2 1 31 1 59.3 "E 50.864 763209.30545 1797050.32260 S82 0 23 1 48.7 "E 10.389 End 763207.93088 1797060.62027 Error of Closure 1 : 497817 Departure in Y (Northing): 0.00036 Departure in X (Fasting): - 0.00027 EXHIBIT B ow— O L G . MONUMENT LEGEND Z R.R.S. FOUND O REBAR FOUND O IRON PIN FOUND ® MONUMENT BOX • 3/4" IRON P'N SET to rn r1 N O xL0 LO OnW^ / U N / W O Q O / W OI ^O Q 00 • Z / -ENO- i 1. 170+1 .10 Q v6�� N 40.00' LT. X RI ' OF S 42 p �05� ��Oh, 1�1xC POINT OF % BEGINNING og pl N z 0 o r, _o U > O D M a U3� � orn W �o�rn ° waMi a: 0 n f? z Ii , N O mw LT. EX. R/W 168 +91 78 30.00' LT. N 19'40'16" E C/L R/W BRUCE C. & SHARON C. MILLER 273 - 000147 0.605 ACRES O.R. 11529 .07 38 P 0.027 ACRES 169+ 40.00 40.00' LT. PERM L7 � 1 L2 169 +77.48 � 30.00' LT 15 +00 DUBLIN ROAD P.I. STA. 169+ 70.06 1" 170 +09.29 LP.F- 4 i30 .00' LT Et � / �1• 170 +00.85 0 00' L PARCEL 38 -P DUBLIN ROAD SOUTH MULTI -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO 0 40 80 SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Swte 100 Columbus. Ohio 43204 Phone (614) 486 -4383 d R/W "`' EX. R/W W i EXHIBIT A PARCEL 38-T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO RECONSTRUCT A DRIVE 1 of2 CIP 08-M PARCEL 38 -T PROJECT DUBLIN MUP Version Date 02/14114 Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 2419, being a part of that 0.605 acre tract as conveyed to Bruce C. and Sharon C. Miller, by deed of record in Official Record 11529 J07, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at the intersection of the westerly right -of -way line of Dublin Road with the common line of said Miller 0.605 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, being 30.00 feet left of centerline station 168 +91.78; Thence North 82 deg. 15 min. 21 sec. West, a distance of 10.22 feet along the common line of said 0.605 and 0.524 acre tracts, to the Point of True Beginning of the herein described parcel, being 40.00 feet left of centerline station 168 +89.67; Thence continuing North 82 deg. 15 min. 21 sec. West, a distance of 14.87 feet along the common line of said 0.605 and 0.524 acre tracts, to a point being 54.55 feet left of centerline station 168 +86.60; Thence the following four (4) courses and distances across said Miller 0.605 acre tract; 1. Thence North 07 deg. 44 min. 39 sec. East, a distance of 20.00 feet to a point being 58.69 feet left of centerline station 169 +06.17; 2. Thence South 81 deg. 55 min. 08 sec. East, a distance of 15.00 feet to a point being 44.00 feet left of centerline station 169 +09.18; 3. Thence North 08 deg. 04 min. 52 sec. East, a distance of 75.00 feet to a point being 46.38 feet left of centerline station 170 +08.73; 4. Thence North 64 deg. 39 min. 42 sec. West, a distance of 16.33 feet to a point in the northerly line of said Miller 0.605 acre tract, being 60.00 feet left of centerline station 170 +17.73; Thence South 82 deg. 23 min. 49 sec. East, a distance of 20.78 feet along the common line of said 0.605 acre tract and the 0.807 acre tract conveyed to Jane E. Fox, by deed of record in Instrument Number 200207150172396, and the common line of Virginia Military Surveys 2419 and 2452, to a point being 40.00 feet left of centerline station 170+12.10; Thence the following two (2) courses and distances across said Miller 0.605 acre tract, and along the proposed westerly line of Permanent Easement; 1. Thence South 02 deg. 31 min. 59 sec. West, a distance of 50.86 feet to a point being 40.00 feet left of centerline station 169 +40.00; 2. Thence South 19 deg. 40 min. 16 sec. West, a distance of 50.33 feet to the Point of True Beginning, containing 0.022 acres, more or less. EXHIBIT A 2of2 Ca' 08-009 PARCEL 38•T PROJECT DUBLIN MUP Version Date 02/1414 Of the above described area, 0.022 acres are contained within Franklin County Auditor's Parcel 273- 000147. 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 11529 J07, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. F QO,., STANTEC CONSULTING SERVICES, INC. ` * • STEVEN E. RADER Registered Surveyor No. 7191 Date a � ..'P 7191 Q �� � r�SSCrg1 ,''`� User Name: tbaker Date: 02 -13 -14 Project: 173608519 - Dublin Rd Bike Path Time: 11:47:26 Create Mapcheck Reports Page: 1 Lot Name: 38 -T Lot Description: TEMPORARY EASEMENT Lot ID: 273- 000147 Lot Owner: BRUCE & SHARON MILLER Lot Area (Square Feet): 973 Lot Area (Acres): 0.022 Lot Perimeter: 263.1706 Closing Direction: S37 "E Closing Distance: 0.0004 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 763111.09937 1797031.13288 N82 0 15 1 21.4 "W 14.874 763113.10361 1797016.39453 N07 "E 20.000 763132.92121 1797019.08950 581 "E 15.000 763130.81262 1797033.94055 N08 °04 "E 75.000 763205.06789 1797044.48352 N64 0 39 1 41.7 "W 16.326 763212.05483 1797029.72815 S82 °23 "E 20.777 763209.30581 1797050.32248 S02 0 31 1 59.3 "W 50.864 763158.49152 1797048.07444 S19 °40 "W 50.329 End 763111.09971 1797031.13262 Error of Closure 1 : 608877 Departure in Y (Northing): - 0.00034 Departure in X ( Easting): 0.00026 EXHIBIT B Ad z o c� o 0 �, o_ U > O 0: O w v U $ U rn O a � w F O a Li '� N 0 W J 1 Q8 +00 — —I N 19'40'16" E IG. TANGENT C/L BRUCE C. & SHARON C. MILLER 273 - 000147 0.605 ACRES O.R '1529 J07 38 0.022 ACRES —T 170+17.7 60.00' LT 169 + 06.17 58.69' LT 1 70+08.73 170+ 2.10 �13� 46.38' LT 40.0 LT E 169+09.18 1�,X L2 44.00' LT. FAIP L4 /p6 / 38 0x N EX. R \ ,—P 16 +89.67 169+40.00 0� 40.00' LT. 40 00' LT 168 +91 78 16 +00 30 00' LT. DUBLIN ROAD P.I. STA. 169+7006 EX R /W_ i � 1 16 +86.6 54,55' LT I L3 S 81'5508" E 15.00' m M D PARCEL 38 -T L4 N 08'04'52" E N .O' R.R.S. FOUND / O N x Lr) W N 82 W 10.22' l O M O uN MULTI -USE PATH L6 N 64'3942" W Lj c) 41 O O IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO w OI ^O N S 8223'49" E 20.78' Q M m r Z o 40 80 L8 S 02'31'59" W N o- 0 3/4" IRON PIN SET L9 S 19'40'16" W 50.33 SCALE IN FEET Prepared By UHE A SIPROJEC S OF 1I �P ° - ry Stontec Consulting Services, Inc. BEAR NG DATUM IS BASED UPON STATE ,` STEVEN PLANE GRID BEARINGS FROM THE OHIO COORDINATE y' I _ Colu TD 1 Share Ohre, ;u to 1 G �T COIU Ohio 43204 SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED ` v- RADER cx Phone: (614) 486 -4383 USING G.P.S. METHODS THROUGH THE FRANKLIN STATIONS "FRANK 73 ", AND COU GS 66 E N G I NE ER ' S RE ` 7D ' k' -_�FS /191 4oPk 1 70+08.73 170+ 2.10 �13� 46.38' LT 40.0 LT E 169+09.18 1�,X L2 44.00' LT. FAIP L4 /p6 / 38 0x N EX. R \ ,—P 16 +89.67 169+40.00 0� 40.00' LT. 40 00' LT 168 +91 78 16 +00 30 00' LT. DUBLIN ROAD P.I. STA. 169+7006 EX R /W_ i � 1 16 +86.6 54,55' LT I L3 S 81'5508" E 15.00' MONUMENT I FGFN D PARCEL 38 -T L4 N 08'04'52" E 75.00' .O' R.R.S. FOUND DUBLIN ROAD SOUTH L5 N 82 W 10.22' O REBAR FOUND MULTI -USE PATH L6 N 64'3942" W 16.33' O IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO 17 S 8223'49" E 20.78' 10 MONUMENT BOX o 40 80 L8 S 02'31'59" W 50.86' 0 3/4" IRON PIN SET L9 S 19'40'16" W 50.33 SCALE IN FEET Prepared By UHE A SIPROJEC S OF 1I �P ° - ry Stontec Consulting Services, Inc. BEAR NG DATUM IS BASED UPON STATE ,` STEVEN PLANE GRID BEARINGS FROM THE OHIO COORDINATE y' I _ Colu TD 1 Share Ohre, ;u to 1 G �T COIU Ohio 43204 SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED ` v- RADER cx Phone: (614) 486 -4383 USING G.P.S. METHODS THROUGH THE FRANKLIN STATIONS "FRANK 73 ", AND COU GS 66 E N G I NE ER ' S RE ` 7D ' k' -_�FS /191 4oPk R/W w l