Ordinance 057-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
57 -15
Ordinance No.
Form No.30043
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE
A 0.049 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM
PROPERTY LOCATED AT 7690 RIVERSIDE DRIVE OWNED BY
BROWN AND ERDMANN, LLC, FOR THE CONSTRUCTION OF
THE RIVERSIDE DRIVE SHARED -USE PATH CONNECTION.
WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path
connection adjacent to Riverside Drive between Thaddeus Kosciuszko Park and Tonti
Drive (the "Project'; and
WHEREAS, the Project requires that the City obtain a temporary easement from Brown
and Erdmann, LLC (the "Grantor', as described in the Exhibits labeled "A" and depicted
in the Exhibits labeled "B," attached hereto, said property interest located in the City of
Dublin, County of Franklin, State of Ohio; and
WHEREAS, after engaging in amicable discussions, the City has come to an agreement
with the Grantor to acquire the temporary easement in exchange for the City replacing
Grantor's asphalt driveway located on the property; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantor.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, & of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.049 acre, more or less, temporary easement,
said temporary easements for twelve (12) months, commencing on the date
construction begins, from Brown and Erdmann, LLC, in exchange for the City replacing
Grantor's asphalt driveway, said property more fully described in the Exhibits labeled "A"
and depicted in the Exhibits labeled "B."
Section 2. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to prepare and sign all agreements and instruments and to take any
other actions as may be appropriate to implement this Ordinance.
Section 3. This Ordinance shall be effective upon the earliest date permitted by law.
Passed this day of
ATTEST:
Clerk of Council
2015.
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: Dana L. McDaniel, City Manages%
J
Date: August 6, 2015
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Kenneth B. Richardson, PE, PS, Senior Civil Engineer
Philip K. Hartmann, Assistant Law Director
Memo
Re: Ordinance 57 -15
AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY
CONVEYANCE DOCUMENTS TO ACQUIRE A 0.049 ACRE, MORE OR LESS,
TEMPORARY EASEMENT FROM PROPERTY LOCATED AT 7690 RIVERSIDE
DRIVE OWNED BY BROWN AND ERDMANN, LLC, FOR THE
CONSTRUCTION OF THE RIVERSIDE DRIVE SHARED -USE PATH
CONNECTION.
BACKGROUND
The City of Dublin (the "City ") is preparing to construct a shared -use path connection adjacent to
Riverside Drive between Thaddeus Kosciuszko Park and Tonti Drive (the "Project'.
The Project requires that the City obtain a temporary easement from Brown and Erdmann, LLC.
The property is located at 7690 Riverside Drive and identified as Franklin County Parcel Number
273- 008661.
After engaging in amicable discussions, the City has come to an agreement with Brown and
Erdmann, LLC, to acquire the temporary easement in exchange for replacing the asphalt driveway
on the property.
ACQUISITION
The City is acquiring a temporary easement from Brown and Erdmann, LLC, as described and
depicted in the legal exhibits attached to this memorandum, consisting of 0.049 acre, more or less,
for the purpose of construction, grading, utility work, and other work related to the construction of
the shared -use path connection on Riverside Drive.
RECOMMENDATION
Staff recommends approval of Ordinance No. 57 -15 as the construction of the Project is necessary
for the public welfare and safety, and approval of the Ordinance will keep the Project moving
forward.
Parcel 7T
Exhibit A
Temporary Easement
for
Shared -Use Path, Utilities, Storm Drainage, and Grading
Situated in the State of Ohio, County of Franklin, City of Dublin, being a part of the Quarter
Township 2, Township 2, Range 19 of the United States Military Lands, being a part of a 0.464
acre tract conveyed to Brown and Erdmann, LLC by Instrument Number 201109220120271, all
records herein are from the Reoorder's Office, Franklin County, Ohio and being more particularly
described as follows:
Beginning for Reference at the intersection of the east Right of Way of Riverside Drive (100
foot) and the south line of said 0.464 acre tract;
Thence, North 11 °30'52" West, a distance of 41.08 feet, along the east Right of Way of said
Riverside Drive to a point;
Thence, crossing said 0.464 acre tract the following four courses:
1. North 78 °29'08" East, a distance of 39.80 feet to a point;
2. South 12 °09'20" East, a distance of 24.62 feet to a point;
3. North 79 °00'48" East, a distance of 10.63 feet to a point;
4. South 11 °37'OT' East, a distance of 28.00 feet to the south line of said 0.464 acre tract;
Thence, North 88 °35'51" West, a distance of 52.07 feet, along the south line of said 0.464 acre
tract to the Point of Beginning, containing 0.049 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. Note that parcel is located in
South Zone, however, the overall project is in North Zone and used for the Construction
Documents.
The described tract is a part of Auditor's Tax Parcel Number 273 -008661 -00 and is based on
Instrument Number 201109220120271.
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 puuiiiin��
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1 INSTRUMENT # 201402280024959
0.517 ACRES
273 - 008667 -00
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EXHIBIT B
QUARTER TOWNSHIP 2, TOWNSHIP 2, RANGE 19
UNITED STATES MILITARY LANDS
CITY OF DUBLIN
COUNTY OF FRANKLIN
STATE OF OHIO
BROWN AND ERDMANN, LLC
INSTRUMENT # 201109220120271
0.464 ACRES
273 - 008661 -00
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POINT OF
BEGINNING 1
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BASIS OF BEARINGS
THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON
THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH
ZONE, NAD83 (2011). NOTE THAT PARCEL IS LOCATED
IN SOUTH ZONE, HOWEVER, THE OVERALL PROJECT IS IN
THE NORTH ZONE AND USED FOR CONSTRUCTION
DOCUMENTS.
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 KNOWWLEDGE DEPICTS THE BOUNDARY LINES.
A�/� e. ' 12/05/2014
CHARLES A. WAGNER, PS -8091 DATE
CW DESIGN GROUP, LLC
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CITY OF DUBLIN
INSTRUMENT # 200403050048545
1.039 ACRES
273 - 008829 -00
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CW Design Group
... PARCEL 7T
G ENOINEERBI BIIRVEY
PHONE: 614 -846 -9279 TEMPORARY EASEMENT
0 972 Unkaeld Drive FOR SHARED -USE PATH, UTILITIES, STORM
Worthington, onto 43oas lonto 43oas I DRAINAGE, AND GRADING 12/05/2014
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