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Ordinance 066-15RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. Ordinance No. Passed —20 AN ORDINANCE TO APPROPRIATE A 0.023 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.070 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM RICHARD RAMEY II AND SHERRY S. ALLISON, FROM THE PROPERTY LOCATED AT 8961 LOCHERBIE COURT. WHEREAS, the City of Dublin (the "City'l is preparing to construct a shared -use connection path adjacent to Glick Road as part of Section 1 of the Glick Road Shared - Use Path Project (the "Project'); and WHEREAS, the Project requires that the City obtain a fee simple interest and a temporary easement from Richard Ramey II and Sherry S. Allison, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto, said property interest located in the City of Dublin, County of Delaware, State of Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Council considers it necessary and declares its authorization to appropriate, for the appraised value of $4,325.00, for the public purpose of constructing a shared - use path, a fee simple interest and a temporary easement as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto. Section 2. The City Law Director's office is hereby authorized to file a petition for appropriation in the county Court of Common Pleas should it become necessary. Section 3. 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 take any other actions as may be appropriate to implement this Ordinance. Section 4. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Passed this day of Cirt L�/ 2015. r — Presiding Otficer ATTEST: Clerk of Council city of 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: Dana L. McDaniel, City Mana7W Date: September 17, 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 66 -15 - AN ORDINANCE TO APPROPRIATE A 0.023 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.070 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM RICHARD RAMEY II AND SHERRY S. ALLISON, FROM THE PROPERTY LOCATED AT 8961 LOCHERBIE COURT. BACKGROUND The City of Dublin ( "City ") is preparing to construct a shared -use path connection adjacent to Glick Road as part of Section 1 of the Glick Road Shared -Use Path Project (the **'Project'. The City is obtaining certain property interests from various landowners to construct the path. Richard Ramey, II and Sherry S. Allison (the "Grantors') own property from which the City desires a fee simple interest and a temporary easement. This property is located at 8961 Locherbie Court, and identified as Delaware County Parcel Number 600 - 343 -05- 079 -000. City staff has been in contact with the property owners and the City is hopeful that an amicable resolution may be reached; however, this Ordinance authorizes the Law Director's office to file a complaint for appropriation in the Court of Common Pleas in the event that negotiations are unsuccessful. ACQUISITION The property acquisition consists of a 0.023 acre fee simple interest, and a 0.070 acre temporary easement, as described in the legal descriptions and surveys, and as further depicted in the attached exhibit. The acquisition consists of only the interests that are necessary for purposes of the Project. The appraised fair market value of the property interests is $4,325.00. RECOMMENDATION Staff recommends approval of Ordinance 66 -15 at the second reading /public hearing on October 12, 2015 as the approval of the Ordinance will authorize the Law Director's office to initiate an eminent domain action and keep the Project moving forward. Parcel 2T Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.070 acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of the Virginia Military Survey number 2545 and 5162 and being a part of Lot 768 conveyed to Richard Ramey, II and Sherry S. Allison by Volume 557, Page 345, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning for Reference at an iron pipe found at the intersection of the south Right of Way of Glick Road (60 foot - Plat Book 15, Page 153) and the northwesterly comer of said Lot 768; Thence, South 01 °01'18" East, a distance of 5.10 feet along the westerly line of said Lot 768 to the True Point of Beginningt; Thence crossing said Lot 768 the following two courses: 1. North 77 °26'13" East, a distance of 104.50 feet; 2. North 75 °35'38" East, a distance of 97.64 feet to the easterly line of said Lot 768; Thence, South 09 °24'1 T' East, a distance of 15.06 feet along the easterly line of said Lot 768 to a point; Thence crossing said Lot 768 the following two courses: 1. South 75 °35'38" West, a distance of 96.25 feet to a point; 2. South 77 °25'54" West, a distance of 108.13 feet to the westerly line of said Lot 768; North 01 °01'18" West, a distance of 15.31 feet along the westerly line of said Lot 768 to the Point of Beginning, containing 0.070 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 60034305079000 and is based on Plat Book 15, Page 153. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2015 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC Charles A. Wagner - Professional Surveyor 8091 OF 04/29/2015 *. Date ,,� D 50 EXHIBIT B VIRGINIA MILITARY SURVEY N0. 2545 & 5162 CITY OF DUBLIN COUNTY OF DELAWARE 25 STATE OF OHIO 1 " =50' / 0 ATE SYSTEM. NORTH ��,,,,,,,,,�� ZONE, NAD83 (2011). �' OF O '' HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY �. gyp•" " "' •.'S'j CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY ��` �.' O GUIDANCE IN APRIL 2015 AND TO THE BEST OF MY CHAFLIM KNOWLEDGE DEPICTS THE BOUNDARY LINES. A y : WAC; M p 0 8_801 04/29/2015 = 8 •o!8T•�a'•J�``�` CHARLES A. WAGNER, PS -8091 DATE % „ZONAL �,P” CW DESIGN GROUP, LLC 12 -0001 S09'24'17 "E 15.06' / PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY JEFFREY L WILDEN PT LOT 769 60034305078000 FOR SHARED -USE PATH, UTILITIES, STORM Worthington, oNo43085 I Aw POINT OF lb he A� BEGINNING ^`': All, y POINT OF / ��'.'. RICHARD RAMEY II & ' SHERRY S ALLISON REFERENCE VOL LOT 68 345 LOT 768 60034305079000 0.070 ACRES y^ N1'01'18 "W • F:.. 15.31' S1'01'1WE \/ MUIRFIELD VILLAGE,PHASE 14 5.10' PB 15, PG 153 U�� E n o n COUNTRY CLUB AT N MUIRFIELD VILLAGE N DB 445, P 526 (DEL CO) OR 01248A07 (FRA CO) /0F 60034305073000 BASIS BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON 111E OHIO STATE PLANE CO RDIN 0 ATE SYSTEM. NORTH ��,,,,,,,,,�� ZONE, NAD83 (2011). �' OF O '' HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY �. gyp•" " "' •.'S'j CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY ��` �.' O GUIDANCE IN APRIL 2015 AND TO THE BEST OF MY CHAFLIM KNOWLEDGE DEPICTS THE BOUNDARY LINES. A y : WAC; M p 0 8_801 04/29/2015 = 8 •o!8T•�a'•J�``�` CHARLES A. WAGNER, PS -8091 DATE % „ZONAL �,P” CW DESIGN GROUP, LLC 12 -0001 CW Design Group 5 ENOI c s i 9llfl VEYONH PARCEL 2T PHONE: 61484 6-9279 TEMPORARY EASEMENT a 972 UnkBeld Drive FOR SHARED -USE PATH, UTILITIES, STORM Worthington, oNo43085 I DRAINAGE, AND GRADING 04/29/2015 � Parcel 2VVD Exhibit A Right of Way Dedication 0.023 acres Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of the Virginia Military Survey number 2545 and 5162 and being a part of Lot 768 conveyed to Richard Ramey, II and Sherry S. Allison by Volume 557, Page 345, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning at a 3/4" diameter iron pipe found at the intersection of the south Right of Way of Glick Road (60 foot - Plat Book 15, Page 153) and the northwesterly comer of said Lot 768, said point being the Point of Beginning; Thence crossing said Lot 768 the following two courses: 1. North 77 °26'13" East, a distance of 103.40 feet to a point; 2. North 75 °35'38" East, a distance of 98.00 feet to the easterly line of said Lot 768; South 09 °24'17" East, a distance of 5.02 feet along the easterly line of said Lot 768 to a point; Thence crossing said Lot 768 the following two courses: 1. South 75 °35'38" West, a distance of 97.64 feet to a point; 2. South 77 °26'13" West, a distance of 104.50 feet to the westerly line of said Lot 768; North 01 °01'18" West, a distance of 5.10 feet along the westerly line of said Lot 768 to the Point of Beginning, containing 0.023 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 60034305079000 and is based on Plat Book 15, Page 153. 1 hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in April 2015 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC .......... 0' �, ,`��p OF I ......... yo .� 04/29/2015 ` *'• A, Charles A. Wagner - Professional Surveyor 8091 Date ` 9� q��•��e'e�lOil J . �.�ONAt. s�,a• D 50 VIRGINIA MILITARY SURVEY N0. 2545 & 5162 EXHIBIT B CITY OF DUBLIN COUNTY OF DELAWARE 25 STATE OF OHIO 1 " -50 / / S9'24'1 7 "E 5.02 JEFFREY L WILDEN PT / LOT 769 60034305078000 qb. •' �� / PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY / RICHARD RAMEY II 8, POINT OF / �� / SHERRY S ALLISON VOL 557, PG 345 o " LOT 768 / BEGINNING / h� 6003 305079000 �o 0.023 ACRES .ev . ..� -ev / 2^ .' . F. C / \ / \ / OHO/ / N1'01'18"W MUIRFIELD VILLAGE,PHASE 14 5.10' PB 15, PG 153 / COUNTRY CLUB AT MUIRFIELD VILLAGE DB 445, P 526 (DEL CO) /OFBEA/FRINIGS OR 01248AO7 (FRA CO) 53.99 ACRES 60034305073000 BASIS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD83 (2011). r��OF��' %� HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY �.`�(P�.• •�'Sjp CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY ��` C W1 LM '•. _ GUIDANCE IN APRIL 2015 AND TO THE BEST OF MY A KNOWLEDGE DEPICTS THE BOUNDARY LINES. WAd�i • It p _ p •9 091 ; 8.8 ��4y4�d2�G�•G4! N 04/29/2015 - F� '� a T•g�' JQ' ��`� CHARLES A. WAGNER, PS -8091 DATE " ,zo)VA1- a,,%0% CW DESIGN GROUP, LLC 12 -0001 CW Design Group NEE614- PARCEL 2WD RIGHT OF WAY DEDICATION PHONE: 846vE9279 972 Unkfleld Drive Worthington, Ohio 43085 04/29/2015