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HomeMy WebLinkAboutOrdinance 121-14RECORD OF ORDINANCES Da yton Legal Blank, Inc. ince No. 121 -14 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.011 ACRE, MORE OR LESS, PERMANENT EASEMENT AND A 0.006 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM E. ELAINE T. HORR, TRUSTEE OF THE E. ELAINE T. HORR REVOCABLE TRUST EXECUTED MARCH 12, 2009, FOR THE PROPERTY LOCATED AT 8668 HYLAND -CROY ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH CONNECTION, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path connection Hyland -Croy Road (the "Project'j; and WHEREAS, said Project requires that the City obtain certain properly interest within Union County Parcel No. 39- 00240560000 owned by E. Elaine T. Horr, Trustee of the E. Elaine T. Horr Revocable Trust Executed March 12, 2009 (the "Grantor "), 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 Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of Three Thousand One Hundred Dollars ($3,100); and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor. NOW, THEtEFORE, BE IT ORDAINED by the Council of the City of Dublin, State � of Ohio, g of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.011 acre, more or less, permanent easement, as well as a 0.006 acre, more or less, temporary easement for twelve (12) months, commencing on the date construction begins, from E. Elaine T. Horr, Trustee of the E. Elaine T. Horr Revocable Trust Executed March 12, 2009, for the sum of Three Thousand One Hundred Dollars ($3,100), said property interest located within Union County Parcel No. 39- 00240560000, 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 this day of 1 ICC..Mayor — Presiding Officer ATTEST: Clerk of Council Form No. 30043 I cityof Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614-410-4400 a Fax: 614-410-4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager WW Date: December 4, 2014 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Kenneth B. Richardson, PE, PS, Engineering Manager - Design Philip K. Hartmann, Assistant Law Director Memo Re: Ordinance 121 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.011 ACRE, MORE OR LESS, PERMANENT EASEMENT AND A 0.006 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM E. ELAINE T. HORR, TRUSTEE OF THE E. ELAINE T. HORR REVOCABLE TRUST EXECUTED MARCH 12, 2009, FOR THE PROPERTY LOCATED AT 8668 HYLAND -CROY ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH CONNECTION, AND DECLARING AN EMERGENCY. BACKGROUND The City of Dublin ( "City ") is preparing to construct a shared -use connection path adjacent to Hyland -Croy 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. E. Elaine T. Horr, Trustee of the E. Elaine T. Horr Revocable Trust Executed March 12, 2009 (the "Grantor'l owns property from which the City desires a permanent easement and a temporary easement. This property is located at 8668 Hyland -Croy Road, Plain City, OH 43064 and is identified as Union County Parcel No. 39- 00240560000. After engaging in amicable discussions, the City has come to an agreement with the Grantor to acquire the property for the appraised value of Three Thousand One Hundred Dollars ($3,100), pursuant to the terms outlined in this memorandum. ACQUISITION The City will be acquiring from the Grantor only the property interest necessary for purposes of the Project, as depicted in the legal description and depiction attached to this memorandum. The City will be acquiring the properly interest for its appraised value. The property interest is detailed below: Memo re. Ord. 121 -14 — Horr Property December 4, 2014 Page 2 of 2 Union County Parcel No. 39- 00240560000 Property Interest Acquiring Description Appraised Value Permanent Easement 0.011 acre f $700.00 Temporary Easement 0.006 acre t $50.00 Improvement Valuation Trees, asphalt, lawn sod, etc. $2,350.00 TOTAL $3,100.00 RECOMMENDATION Ordinance No. 121 -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. 121 -14 by emergency at the December 8 Council meeting in order to continue moving forward with the Project. Parcel 4P Exhibit A Permanent Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.011 acres Situated in the State of Ohio, County of Union, City of Dublin, being a part of Virginia Military Survey Number 2925, and a part of a 1.50 acre tract conveyed to E. Elaine T. Horr, Trustee of the E. Elaine T. Horr Revocable Trust Executed March 12, 2009 by Official Record 816, Page 734, all records herein are from the Recorder's Office, Union County, Ohio unless otherwise noted and being more particularly described as follows: Beginning at the intersection of the east Right of Way of Hyland Croy Road (60 foot) and the south line of said 1.50 acre tract; Thence, North 12 °18'59" West, a distance of 30.10 feet, along the east Right of Way of Hyland Croy Road to the north line of said 1.50 acre tract; Thence, North 82 °36'01" East, a distance of 20.00 feet, along the north line of said 1.50 acre tract to a point; Thence, crossing said 1.50 acre tract the following three courses: 1. Thence, South 12 °18'59" East, a distance of 10.00 feet to a point; 2. Thence, South 82 °36'01" West, a distance of 5.00 feet to a point; 3. Thence, South 12 °18'00" East, a distance of 20.10 feet, to the south line of said 1.50 acre tract; Thence, South 82 °36'01" West, a distance of 15.00 feet, along the south line of said 1.50 acre tract to the Point of Beginning, containing 0.011 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 (2011). 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 tract is a part of Auditor's Tax Parcel Number 3900240560000 and is based on Official Record 816, Page 734. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in June 2014 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC „looffl -00. '� OF �0% .� P ..•... - o, I-. IL 11/13/2014 , � • t Charles A. Wagner - Professional Surveyor 8091 Date �� �! Parcel 4T Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.006 acres Situated in the State of Ohio, County of Union, City of Dublin, being a part of Virginia Military Survey Number 2925, and a part of a 1.50 acre tract conveyed to E. Elaine T. Horr, Trustee of the E. Elaine T. Hon Revocable Trust Executed March 12, 2009 by Official Record 816, Page 734, all records herein are from the Recorder's Office, Union County, Ohio unless otherwise noted and being more particularly described as follows: Beginning for Reference at the intersection of the east Right of Way of Hyland Croy Road (60 foot) and the south line of said 1.50 acre tract; Thence, North 82 °36'01" East, a distance of 15.00 feet along the south line of said 1.50 acre tract the True Point of Beginning; Thence, crossing said 1.50 acre tract the following three courses: 1. Thence, North 12 °18'59" West, a distance of 20.10 fleet to a point; 2. Thence, North 82 °36'01" East, a distance of 5.00 feet to a point; 3. Thence, North 12 °18'59" West, a distance of 10.00 feet, to the north line of said 1.50 acre tract; Thence, North 82 °36'01" East, a distance of 5.00 feet, along the north line of said 1.50 acre tract to a point; Thence, South 12 °18'59" East, a distance of 30.10 feet, crossing said 1.50 acre tract to the south line of said 1.50 acre tract; Thence, South 82 °36'01" West, a distance of 10.00 feet, along said 1.50 acre tract to the Point of Beginning, containing 0.006 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 (2011). 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 tract is a part of Auditor's Tax Parcel Number 3900240560000 and is based on Official Record 816, Page 734. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in June 2014 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC ,�� O F 'O �P ............ : �'� O avow A. 'a 11/13/2014 Charles A. Wagner - Professional Surveyor 8091 Date %��NAt. 0 20 N ,D 1"=20' 1 1 1 1 SABRA L. MINYARD & WILLIAM MINYARD A OR 69, PG 189 �e \ 2.009 ACRES 1 1700240380000 POINT OF BEGINNING r 1 O 1 O O vl O_ 1 1 1 E n a N h O PIL _L2 . �:� E. ELAINE T. HORR, j TRUSTEE OF THE E. ELAINE T 0.011 ACRES--, HORR REVOCABLE TRUST EXECUTED MARCH 12, 2009 44 OR 816, PG 734 1.50 ACRES 3900240560000 .. J 1 P/L NAMAN I. MALIK \ OR 340, PG 640 8.000 ACRES \ 3900240590000 1 1 1 1 1 EXHIBIT B LINE TABLE LINE # DIRECTION LENGTH L1 N12'18'59 "W 30.10 L2 N8236'01 "E 20.00 L3 S12'18'59 "E 10.00 L4 S82'36'01 "W 5.00 L5 S12'18'59 "E 20.10 L6 S82'36'01 "W 15.00 BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (2011). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN JULY & AUGUST 2014 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. �f LiZ /o 11/13/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group ENpI c s i g URVEVOFB PHONE: 614- 846 -9279 972 Linkfleld Drive Worthington, Ohio 43085 VIRGINIA MILITARY NUMBER 2925 CITY OF DUBLIN COUNTY OF UNION STATE OF OHIO i� q) O � : • CFIAA.E� •. * 2 waae� 0 c 9/0 PARCEL 4P PERMANENT EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE, AND GRADING 13 -0026 1 1 11/13/2014 0 20 N 10 1 " =20' 1 1 1 mZ �o m EXHIBIT B i 1 I `\ SABRA L MINYARD & WILLIAM MINYARD �p \\ OR 69, PG 189 \ \ 2.009 ACRES \ 1700240380000 \ \ \ P/1- E. ELAINE T. HORR, 4P d / b TRUSTEE OF THE E. ELAINE T. 0.011 ACRES L 3 )� HORR REVOCABLE TRUST in EXECUTED MARCH 12, 2009 W) OR 816, PG 734 / Q) 1.50 ACRES 3900240560000 J� 0 P n - / O U1 /" �L6 L1 \ 7D \ \\ \ NAMAN 1. MALIK \ OR 340, PG 640 \ \ 8.000 ACRES \ 3900240590000 Viz; \ 1 O Z o 1 1 LINE TABLE I T 1 1 LINE # DIRECTION LENGTH O 1 L1 N8236'01 "E 15.00 1 1 1 L2 N12'18'59 "W 20.10 1 L3 N82'36'01 "E 5.00 Q 1 1 L4 N12 18'59 "W 10.00 I L5 N82'36'O1 "E 5.00 L6 S82'36'01 "W 10.00 1 1 1 I 1 1 BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (2011). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN JULY & AUGUST 2014 AND TO THE BEST OF MY KNOWLEDGE DEPICTS THE BOUNDARY LINES. �f LZ'M.G� 11/13/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group EN OINEE"8 � bll"VEVOi18 PHONE: 614- 846 -9279 972 LinkBeld Drive Worthington, Ohio 43085 VIRGINIA MILITARY NUMBER 2925 CITY OF DUBLIN COUNTY OF UNION STATE OF OHIO OF O � : • CF a.E8 •. O 9 &6081 : C `% PARCEL 4T TEMPORARY EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE, AND GRADING 13 -0026 1 1 11/13/2014