HomeMy WebLinkAboutOrdinance 089-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
89 -14
i Ordinance No. _ Paused _
Fotm No.
_. , 2d
AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY
CONVEYANCE DOCUMENTS TO ACQUIRE A 0.029 ACRE, MORE
OR LESS, PERMANENT EASEMENT AND A 0.029 ACRE, MORE
P OR LESS, TEMPORARY EASEMENT FROM MOHAMMED GIRTH
AMMAR AND ESTER LEA AMMAR, FOR THE PROPERTY
LOCATED AT 6143 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 - 001408 owned by Mohammed Giath Ammar and Ester
Lea Ammar (the "Grantors "), said property interest more fully described in the Exhibit
labeled "A" and depicted in the Exhibit 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 Thirteen Thousand Nine Hundred Dollars ($13,900.00); 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, T of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.029 acre, more or less, permanent
easement, as well as a 0.029 acre, more or less, temporary easement for two (2)
years, commencing on the date construction begins, from Mohammed Giath Ammar
and Ester Lea Ammar, for the sum of Thirteen Thousand Nine Hundred Dollars
($13,900.00), said property interest located within Franklin County Parcel No. 273-
001408, and more fully described and depicted in the attached Exhibits "A" and "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 thi of au Q tt, 2014.
ayor - Presiding Officer
ATTEST:
pl � 0—
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: August 21, 2014
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Michael S. Sweder, PE, Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Memo
Re: ORDINANCE 89 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.029 ACRE,
MORE OR LESS, PERMANENT EASEMENT AND A 0.029 ACRE, MORE OR
LESS, TEMPORARY EASEMENT FROM MOHAMMED GIATH AMMAR AND
ESTER LEA AMMAR, FOR THE PROPERTY LOCATED AT 6143 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'). The City is obtaining certain permanent property interests from various landowners to
construct the path, as well as also acquiring temporary easements to perform minor grading and
construction.
Mohammed Giath Ammar and Ester Lea Ammar (the "Grantors' own property from which the City
desires a permanent easement and a temporary easement. This property is located at 6143 Dublin
Road, Dublin, OH 43017 and is identified as Franklin County Parcel No. 273 - 001408.
After engaging in amicable discussions, the City has come to an agreement with the Grantors to
acquire the property for the appraised value of Thirteen Thousand Nine Hundred Dollars
($13,900.00), 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:
Memo re. Ord. 89 -14 — Ammar Acquisition
August 21, 2014
Page 2 of 2
Franklin County Parcel No. 273 - 001408
Property Interest
Acquiring
Description
Appraised Value
Permanent Easement
0.029 acre f
$4,900.00
Temporary Easement
0.029 acre f
$1,000.00
Improvement Valuation
Mature Trees
$8,000.00
TOTAL
$13,900.00
RECOMMENDATION
Ordinance No. 89 -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. 89 -14
by emergency at the August 25 Council meeting in order to continue moving forward with the Project.
EXHIBIT A
1 oft
CIP 08-M
PARCEL 36-P
PROJECT DUBLIN MUP
vesion Date 11/01/13
PARCEL 36-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 0.521 acre tract as conveyed to Mohammed Ghiath
Ammar and Ester Lea Ammar, by deed of record in Instrument Number 199912200311432,
records of the Recorder's Office, Franklin County, Ohio, and being more particularly described
as follows:
Beginning for Reference at the intersection of the centerline right -of -way of Marion
Street and Dublin Road; said point being at centerline station 164+98.15;
Thence North 20 deg. 43 min. 23 sec. East, a distance of 167.76 feet along the centerline
right -of - -way of Dublin Road to an angle point, being at centerline station 166+65.91;
Thence North 19 deg. 40 min. 16 sec. East, a distance of 130.02 feet along the centerline
right -of -way of Dublin Road to the intersection of the easterly extension of the common line of
said Ammar 0.521 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; said point being
at centerline station 167 +95.92;
Thence North 82 deg. 15 min. 21 sec. West, a distance of 30.66 feet along the common
line (and it's easterly extension) of said Ammar 0.521 acre tract and said Coggin and Harvey
0.524 acre tract, to a point in the existing westerly right -of -way line of Dublin Road; said point
being 30.00 feet left of centerline station 167 +89.58, and being the Point of True Beginning of
the herein described easement;
Thence South 19 deg. 40 min. 16 sec. West, a distance of 123.40 feet across said Ammar
0.521 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 166+66.18 (ahead);
Thence South 20 deg. 43 min. 23 sec. West, a distance of 4.75 feet across said Ammar
0.521 acre tract, and along the existing westerly right -of -way line of Dublin Road, to a point in
the common line of said Ammar 0.521 acre tract and Lot 11 of the subdivision entitled SOUTH
CIVIC ADDITION, as recorded in Plat Book 22, Page 71, and conveyed to JC Land Company,
Ltd., by deed of record in Instrument Number 199904300108377; said point being 30.00 feet left
of centerline station 166+60.88;
Thence North 78 deg. 47 min. 37 sec. West, a distance of 10.14 feet along the common
line of said Ammar 0.521 acre tract and said Lot 11, to a point being 40.00 feet left of centerline
station 166 +59.20;
Thence North 20 deg. 43 min. 23 sec. East, a distance of 6.34 feet across said Ammar
0.521 acre tract to a point being 40.00 feet left of centerline station 166+66.27 (ahead);
Thence North 19 deg. 40 min. 16 sec. East, a distance of 121.20 feet across said Ammar
0.521 acre tract to a point in the common line of said Ammar 0.521 acre tract and said Coggin
and Harvey 0.524 acre tract; said point being 40.00 feet left of centerline station 167 +87.47;
EXHIBIT A
2 oft
CIP 08.009
PARCEL 36-P
PROJECT DUBLIN MUP
Version Date 11;01! 13
Thence South 82 deg. 15 min. 21 sec. East, a distance of 10.22 feet along the common
line of said Ammar 0.521 acre tract and said Coggin and Harvey 0.524 acre tract to the Point of
Beginning, containing 0.029 acres, more or less.
Of the above described area, 0.029 acres are contained within Franklin County Auditor's
Parcel 273- 001408.
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
199912200311432, of the Recorder's Office, Franklin County, Ohio.
A drawing
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STANTEC CONSULTING SERVICES, INC.
Registered Surveyor No. 7191 Date
EXHIBIT B
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MOHAMMED GHIATH AMMAR
36 & ESTER LEA AMMAR
273- 001408
0.521 ACRES
I.N. 199912200311432
h I
U
36
-P 0.029 ACRES
NPN� X
166+59.20
0 0 m Q N 40.00 LT.
—
NUMBER
DIRECTION
DISTANCE
L1
S 19'40'16" W
166 +66.27
a
S 20'43'23" W
40.00 LT,
L3
L4
PERM. ESM
L4
N 20'43'23" E
6.34'
�
w
121.20'
�
- —
10.22'
ftft
�8eN6640% ��
L1
in
a .3
166+60.88
166 +66.18
+ `A
30.00' LT.
30.00' LT.
ca t4
'
0
167
_
I —
- -� DUBLIN
N 20'43'23" E
167.76'
166 +65.91
—
NUMBER
DIRECTION
DISTANCE
L1
S 19'40'16" W
123.40'
L2
S 20'43'23" W
4.75'
L3
N 7847'37* W
10.14'
L4
N 20'43'23" E
6.34'
L5
N 1T40'1 6" E
121.20'
L6
IS 8715'21" E
10.22'
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 20'27'34" W
AS DERIVED FROM A GPS SURVEY OCCUPYING
FRANKLIN COUNTY ENGINEER'S STATIONS
"FRANK 73 ", AND "FCGS 6642 RESET ".
L5
EX.
MONUMENT LEGEND
.a R.R.S. FOUND
0 REBAR FOUND
0 IRON PIN FOUND
IM MONUMENT BOX
• 3/4" IRON PIN SET
D
ROAD N 19'40'16" E
130.02'
4
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0 0
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0W�
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W 1 O — M
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Al
el
'.47
LT.
LT.
P/L EXTENDED
167 +95.
EX. R/ —
PARCEL 36 —P
DUBLIN ROAD SOUTH
MULTI —USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
0 30 60
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SCALE IN FEET
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Stontec Consulting Services, Inc.
1500 Lake Shore Drive, Suite 100
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P (614) 466 -436-43 83
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EXHIBIT A
I of 2
CIP 08-M
PARCEL 36-T
PROJECT DUBLIN MUP
Version Date 05/18112
PARCEL 36-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 that 0.521 acre tract as conveyed to Mohammed Ghiath
Ammar and Ester Lea Ammar, by deed of record in Instrument Number 199912200311432,
records of the Recorder's Office, Franklin County, Ohio, and being more particularly described
as follows:
Beginning for Reference at the intersection of the southerly line of said Ammar 0.521
acre tract with the existing westerly right -of -way line of Dublin Road, and being the
northeasterly comer of Lot 11 of the South Civic Addition of record in Plat Book 22, Page 71,
and being 30.00 feet left of centerline station 166+60.88;
Thence North 78 deg. 47 min. 37 sec. West, a distance of 10.14 feet along the common
line of said Ammar 0.521 acre tract and said Lot 11, to the Point of True Beginning of the
herein described parcel, being 40.00 feet left of centerline station 166 +59.20;
Thence North 78 deg. 47 min. 37 sec. West, a distance of 30.21 feet along the common
line of said Ammar 0.521 acre tract and said Lot 11, to a point being 69.80 feet left of centerline
station 166 +54.21;
Thence the following four (4) courses and distances across said Ammar 0.521 acre tract;
1. Thence North 19 deg. 40 min. 16 sec. East, a distance of 44.51 feet to a point being
70.00 feet left of centerline station 167+00.00;
2. Thence South 70 deg. 19 min. 44 sec. East, a distance of 30.00 feet to a point being
40.00 feet left of centerline station 167+00.00;
3. Thence South 19 deg. 40 min. 16 sec. West, a distance of 33.73 feet to a point being
40.00 feet left of centerline station 166+66.27;
4. Thence South 20 deg. 43 min. 23 sec. West, a distance of 6.34 feet to the Pant of
True Beginning, containing 0.029 acres, more or less.
EXHIBIT A
2of2
CIP 09-OD9
PARCEL 36-T
PROJECT DUBLIN MUP
Version Date 05!18/12
Of the above described area, 0.029 acres are contained within Franklin County Auditor's
Parcel 273- 001408.
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 Instrument Number
199912200311432, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
E OF O STANTEC CONSULTING SERVICES, INC.
` * • STEVEN %
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RAD Registered Surveyor No. 7191 Date
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EXHIBIT B
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1 .. -. _.._.. - -., 1 8 +00
N 20'4323" E — r DUBLIN ROAD I N 19'40'16" E ORIG. TAN ENT C/L
166 +65.91
0.00' LT.
NUMBER
R7
1
/
NNIN 40.00' LT.
(G 36
166 +66.80
�
1
/
S 70'19'44" E
30.00'
o t
S 19'40'16" W
33.73'
L5
a
6.34'
�o
0
"
N 78'47'37" W
U
11 0
O
1
O 1 1
I
M
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N
35 X
N
MOHAMMED GHIATH AMMAR
36
& ESTER LEA AMMAR
273 - 001408
SOUTH CIVIC'
0.521 ACRES
I.N. 19991220031 1432
ADDITION
P.B. 22. PG. 71
LOT 11
I
167 +00.00
166 +54.21
TEMP. ESMT. 70.00' LT
69.80 LT.
L2
36 0.029 ACRES
-T
M
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167 +00.00
166 +59.20
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1 .. -. _.._.. - -., 1 8 +00
N 20'4323" E — r DUBLIN ROAD I N 19'40'16" E ORIG. TAN ENT C/L
166 +65.91
0.00' LT.
NUMBER
R7
T OF 166 +66.27
EX.
NNIN 40.00' LT.
(G 36
166 +66.80
)
N FOR 30.00 LT.
`P
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1 .. -. _.._.. - -., 1 8 +00
N 20'4323" E — r DUBLIN ROAD I N 19'40'16" E ORIG. TAN ENT C/L
166 +65.91
0.00' LT.
NUMBER
DIRECTION
DISTANCE
L1
N 78'47'37" W
30.21'
L2
N 19'40'16" E
44.51'
L3
S 70'19'44" E
30.00'
L4
S 19'40'16" W
33.73'
L5
S 20'43'23" W
6.34'
L6
N 78'47'37" W
10.14'
EX. R
MONUMENT LEGEND
.O' R.R.S. FOUND
O REBAR FOUND
O IRON PIN FOUND
® MONUMENT BOX
• 3/4" IRON PIN SET
�
OF
`.' _
BASIS OF BEARINGS L ,L' p; "'•• /
BA
THE PROJECT BEARING DATUM IS BASED UPON STATE ? STEVEN '
PLANE GRID BEARINGS FROM THE OHIO COORDINATE ; * : E, ; F
SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED RADER
USING G.P.S. METHODS THROUGH THE FRANKLIN `` r 9 7191 p a°
COUNTY ENGINEER'S STATIONS "FRANK 73 ", AND _ '" r "
"FCGS 6642 RESET ". �-s oNAL s�'i�LLLL
PARCEL 36 -T
DUBLIN ROAD SOUTH
MULTI -USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
0 30 6o
SCALE IN 'EET
Prepared By
Stontec Consulting Services, Inc.
1500 Lake Shore Drive, Suite 100
Columbus, Ohio 43204
Phone: (614) 486 -4383
k — S22 /Z
Registered Surveyor /7191 Dote