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Ordinance 077-15Dayton Legal Blank, Inc. 77 -15 Ordinance No. RECORD OF ORDINANCES Passed AN ORDINANCE TO APPROPRIATE A 0.013 ACRE, MORE OR LESS, PERMANENT EASEMENT, AND A 0.007 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM KEVIN D. MULLINS AND JOCELYN MULLINS, FROM THE PROPERTY LOCATED AT 8600 HYLAND CROY ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH CONNECTION. Form No. 30043 20— WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path connection adjacent to Hyland -Croy Road (the "Project'; and WHEREAS, the Project requires that the City obtain a permanent easement and a temporary easement from Kevin D. Mullins and Jocelyn Mullins, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled T," all attached hereto, said property interest located in the City of Dublin, County of Union, State of Ohio. NOW TH REFORE, 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 $1,275.00, for the public purpose of constructing a shared -use path, a permanent easement and a temporary easement as described in the Exhibits labeled "A" and depicted in the Exhibits labeled T," 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 upon the earliest date permitted by law. Passed this (ion day of /Vy Cy el�'L%, 2015. Mayor — Presiding bfficer ATTEST: 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: Dana L. McDaniel, City Manage Date: October 22, 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 77 -15 - AN ORDINANCE TO APPROPRIATE A 0.013 ACRE, MORE OR LESS, PERMANENT EASEMENT, AND A 0.007 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM KEVIN D. MULLINS AND JOCELYN MULLINS, FROM THE PROPERTY LOCATED AT 8600 HYLAND CROY ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH CONNECTION. 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. Kevin D. Mullins and Jocelyn Mullins (the "Grantors'l own property from which the City desires a permanent easement and a temporary easement. This properly is located at 8600 Hyland -Croy Road, Plain City, OH 43064 and is identified as Union County Parcel No. 39- 00240370000. The City is hopeful that an amicable resolution can be reached with the Grantors; 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 appropriation consists of a 0.013 acre, more or less, permanent easement; and a 0.007 acre, more or less, temporary easement. The acquisition consists of only the interests that are necessary for the purposes of the Project. The appraised fair market value of the property interests was determined to be $1,275.00. RECOMMENDATION The Law Department recommends approval of Ordinance 77 -15 at the second reading /public hearing on November 2, 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 1P Exhibit A Permanent Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.013 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 5.678 acre tract conveyed to Kevin D. and Jocelyn Mullins by Official Record 117, Page 182, 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 5.678 acre tract; Thence, North 12 °18'59" West, a distance of 30.20 feet, along the east Right of Way Hyland Croy to the north line of said 5.678 acre tract; Thence, North 84 °12'29" East, a distance of 18.50 feet, along the north line of said 5.678 acre to a point; Thence, South 12 °18'59" East, a distance of 30.20 feet, crossing said 5.678 acre tract to the south line of said 5.678 acre tract; Thence, South 84 °12'29" West, a distance of 18.50 feet, along the south line of said 5.678 acre tract to the Point of Beginning, containing 0.013 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 3900240370000 and is based on Official Record 117, Page 182. 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 ,,00�iOF.�O 0.......... y�o cc 09/0812014 = -A NA M Charles A. Wagner - Professional Surveyor 8091 Date :.o 8 =tp o o�.Tl�O Parcel IT Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.007 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 5.678 acre tract conveyed to Kevin D. and Jocelyn Mullins by Official Record 117, Page 182, 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 5.678 acre tract; Thence, North 84 °12'29" East, a distance of 18.50 feet, along the south line of said 5.678 acre tract to the True Point of Beginning; Thence, North 12 °18'59" West, a distance of 30.20 feet, crossing said 5.678 acre tract to the north line of said 5.678 acre tract; Thence, North 84 °12'29" East, a distance of 10.00 feet, along the north line of said 5.678 to a point; Thence, South 12 °18'59" East, a distance of 30.20 feet, crossing said 5.678 acre tract to the south line of said 5.678 acre tract; Thence, South 84 °12'29" West, a distance of 10.00 feet, along the south line of said 5.678 acre tract to the Point of Beginning, containing 0.007 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 3900240370000 and is based on Official Record 117, Page 182. 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 1141"ii0Fi'Oy�O =; camm 09/08/2014 Charles A. Wagner - Professional Surveyor 8091 Date 84M *F ? to ••'PreTe�'' �.� ��OMAL E N r r N oD N 0 2p VIRGINIA MILITARY NUMBER 2925 EXHIBIT B CITY OF DUBLIN N COUNTY OF UNION 10 STATE OF OHIO 1 " =20' 1 � 1 1 1 1 1 1 P/L P 1 1 1 BARBARA STROBLE 1 OR 67, PG 779 I 1 1 5.784 ACRES 11 1700240600000 P/L N84-12'29 "� n1 O 18.50':;•• \ br 1 KEVIN D. & JOCELYN MULLINS -11 O........... N N ........... , o. 1 OR 117, PG 182 -0 1 1P ,.....•..•..•.•.:r�� \ 5.678 ACRES I ,°� 0.013 ACRES W 1 3900240370000 O3 .'.'.'.....'.'.'.'.' o+ 1 POINT OF v iI ............ N{ \ BEGINNING crr .'.'.:.'.:.:.:.:.:.'.:.:.�,1 1 P/L S84'12 29" 20' UTILITY EASEMENT 1 1 20' COLUMBIA GAS 0 1 OF OHIO, INC. EASEMENT 1 OR 4, PG 772 6 on 1 1 oz m 1 1 THE BOARD OF EDUCATION OF 1 THE DUBLIN CITY SCHOOL DISTRICT 1 O.R. 9 25.614 ACRES 1 1 1 390029001100 1 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. 09/08/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group ENpINEENB�BUN VEYONe PHONE: 614 -846 -9279 972 Linkfleld Drive Worthington, Ohio 43085 uiiu,,. �, . `` %%01............0 =_ CHAfiEB y : WACM : O T 0 NA%- "r'$ PARCEL 1 P PERMANENT EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE, AND GRADING 13 -0026 1 1 09/08/2014 0 20 VIRGINIA MILITARY NUMBER 2925 EXHIBIT B CITY OF DUBLIN TN COUNTY OF UNION to STATE OF OHIO 1"=20* 1 � 1 1 � 1 1 1 1 P/L P 1 1 BARBARA STROBLE 1 1 OR 67, PG 779 1 1 5.784 ACRES 1700240600000 1 1 11 N84'12'29 "E — O P810. 0' °a 0.007 ACRES CIA 0 KEVIN D. & JOCELYN MULLINS O 1 0 OR 117, PG 182 3 5.678 ACRES L4 � Y RI 3900240370000 PA 1 18.50 ,10.00 THE BOARD OF EDUCATION OF N84'1 29 THE DUBLIN CITY SCHOOL ✓ DISTRICT POINT OF , S84*12'29 "W O.R. C 209 25.6114 4 ACRES REFERENCE 1 390029001100 1' POINT OF BEGINNING 0 0 1 � i� =o a 00 c 1 �Z m 8 BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON s THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH e 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. 09/08/2014 CHARLES A. WAGNER, PS -8091 DATE CW DESIGN GROUP, LLC CW Design Group ENp Ne s i gUPVEYORB PHONE: 614 -846 -9279 972 Linkfleld Drive Worthington, Ohio 43085 1 20' UTILITY EASEMENT 1 20' COLUMBIA GAS 1 OF OHIO, INC. EASEMENT OR 4, PG 772 1 uiu"'ll A, ... ...F• Disr�' CHARLEB . O WAd,0 . 0 "t��p•••o�eT•t.•• J�r�. PARCEL 1 T TEMPORARY EASEMENT FOR SHARED -USE PATH, UTILITIES, STORM DRAINAGE, AND GRADING 13 -0026 1 1 09/08/2014 Location Map