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Ordinance 074-15RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 _ _ Ordinance No. 74 -15 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.031 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM REALTY INCOME PROPERTIES 8, LLC, FOR THE PROPERTY LOCATED AT 6000 PERIMETER DRIVE FOR THE CONSTRUCTION OF A SHARED -USE PATH. WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path adjacent to Discovery Boulevard and adjacent to Wall Street (the "Project'; and WHEREAS, said Project requires that the City obtain certain property interest from Franklin County Parcel No. 273 - 004083 owned by Realty Income Properties 8, LLC (the "Grantor "), said property interest more fully described in the attached Exhibit "A" and depicted in the attached Exhibit "B "; 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 $1,275.00; 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 0.031 acre, more or less, temporary easement for 18 months, commencing on the date construction begins, from Realty Income Properties 8, LLC, for the sum of $1,275.00, said property interest located within Franklin County Parcel No. 273 - 004083, and more fully described and depicted in the attached Exhibits "A" and "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 take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect upon the earliest date permitted by law. Passed this day of v U l , 2015. ,2 1/ ayor — Presiding 6fficer ATTEST: C-b 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 Mane 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 74 -15 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.031 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM REALTY INCOME PROPERTIES 8, LLC, FOR THE PROPERTY LOCATED AT 6000 PERIMETER DRIVE FOR THE CONSTRUCTION OF A SHARED -USE PATH. BACKGROUND The City of Dublin ( "City ") is preparing to construct a shared -use path adjacent to Discovery Boulevard and continuing onto Wall Street (the "Project'j. 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. Realty Income Properties 8, LLC (the "Grantor') owns property from which the City desires a temporary easement. This property is located at 6000 Perimeter Drive, and is identified as Franklin County Parcel No. 273 - 004083. After engaging in amicable discussions, the City has come to an agreement with the Grantor to acquire the temporary easement for its appraised value of $1,275.00. 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. RECOMMENDATION Ordinance No. 74 -15 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary properly interest described above. Staff recommends that Council approve Ordinance 74 -15 at the second reading /public hearing on November 2, 2015. Parcel 3T Exhibit A Temporary Easement for Shared -Use Path, Utilities, Storm Drainage, and Grading 0.031 acres Situated in the State of Ohio, County of Franklin, City of Dublin, being a part of the Virginia Military Survey number 2999 and being a part of a 13.456 acre tract conveyed to Realty Income Properties 8 , LLC by Instrument Number 201104060045975, all records herein are from the Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning at the point of tangency between the easterly Right of Way of Discovery Boulevard (Plat Book 66, Page 97 and the southerly Right of Way of Wall Street (Plat Book 72, Page 79); Thence, crossing said 13.456 acre tract the following three courses: 1. South 28 °22'44" West, a distance of 24.27 feet to a point; 2. South 11 °06'13" East, a distance of 72.11 feet to a point; 3. South 78 °1T41" West, a distance of 15.00 feet to the east Right of Way of said Discovery Boulevard; Thence, with a curve to the right, a radius of 2020.00 feet, a length of 61.38 feet, a chord distance of 61.38 feet and a course bearing of North 11 °15'3T' West, along the easterly Right of Way of said Discovery Boulevard to a point; Thence, with a curve to the right, a radius of 30.00 feet, a length of 47.35 feet, a chord distance of 42.59 feet and a chord bearing of North 34 °49'34" East, along the easterly Right of Way of said Discovery Boulevard and the southerly Right of Way of said Wall Street to the Point of Beginning, containing 0.031 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 - 004083 -00 and is based on Instrument Number 201104060045975. I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in July 2014 and to the best of my knowledge depicts the boundary lines. CW Design Group, LLC VA 06/19/2015 A Charles A. Wagner - Professional Surveyor 8091 Date MAL fllOBi 0 40 N 2D 1._ ,W, VIRGINIA MILITARY SURVEY NO. 2999 CITY OF DUBLIN COUNTY OF FRANKLIN STATE OF OHIO EXHIBIT B CURVE TABLE TMENT CO ARC LENGTH PG 118 CHORD DIRECTION L'R CRES 4535 DELTA RAW 61.38 2020.00 N11'15'37 "W 61.37 001'44'27" 72 PG 9 N — TED BY P8 N34'49'34 "E 42.59 a m RAW POINT OF BEGINNING 20' EASEMENT PB 72, PG 79 T � S28'22'44 "W 24.27' Q REALTY INCOME PROPERTIES 8, LLC INSTRUMENT #201104060045975 13.456 ACRES S11'06'13 "E 72.11' 273- 004083 TEMPORARY EASEMENT S78'17'41 "W 15.00' EASEMENT TEMPORARY EASEMENT PB 66, PG 97 0.031 ACRES CURVE TABLE CURVE ARC LENGTH RADIUS CHORD DIRECTION CHORD LENGTH DELTA Cl 61.38 2020.00 N11'15'37 "W 61.37 001'44'27" C2 47.35 30.00 N34'49'34 "E 42.59 090'25'55" 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. `,Ell'�l� OF 0''. HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY �`��(p,.... •'••,y /O CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY GUIDANCE IN JULY 2014 AND TO THE BEST OF MY A KNOWLEDGE DEPICTS THE BOUNDARY LINES. : -V : IC s : WAGM O Gig 06/19/2016 ?�t4 'O�aTe...•JQ�. CHARLES A. WAGNER, PS -8091 DATE "'," IYAL g1r�� CW DESIGN GROUP, LLC ��''0�0.-1iirr1r'i� 13 -0026 CW Design Group PARCEL 3T EROIREER89URVEYORB PHONE: 614-846 -9279 TEMPORARY EASEMENT 972 Linkfleld Drive FOR SHARED -USE PATH, UTILITIES, STORM Worthington, Ohio 43085 I DRAINAGE, AND GRADING 1 1 pro- 5= r� r It kkk mom �o Location Map