45-06 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
45-06
Ordinance No. Passed 20
AN ORDINANCE AUTHORIZING THE PURCHASE OF A
0.007 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND
A 0.055 ACRE, MORE OR LESS, TEMPORARY
CONSTRUCTION EASEMENT, FROM SHEILA M. TURNER,
LOCATED NORTH OF RIVER FOREST ROAD AND WEST
OF DUBLIN-BELLEPOINT ROAD, CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO, AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to construct a bikepath tunnel at the
intersection of River Forest Road and Dublin Road; and
WHEREAS, the City desires to enter into an agreement to purchase a 0.007 acre, more
or less, fee simple interest, and a 0.055 acre, more or less, temporary construction
easement for the construction of a bikepath tunnel located at the intersection of River
Forest Road and Dublin Road for One Thousand Two Hundred Seventy-Five Dollars and
00/100 Cents ($1,275.00); and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a
fee simple interest in the 0.007 acre, more or less, fee simple interest, and a 0.055 acre,
more or less, temporary construction easement, in the City of Dublin, Franklin County,
Ohio, as described in the attached Exhibits "A" and "B".
NOW, THEREFORE, BE IT RESOLVED 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 a Real Estate Purchase
Agreement and any necessary closing documents related to the acquisition of the 0.007
acre, more or less, fee simple interest, and a 0.055 acre, more or less, temporary
construction easement and paying any related costs.
Section 2. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt construction of a bikepath tunnel at the intersection of
River Forest Road and Dublin Road is necessary to protect the citizens of Dublin.
Therefore, this ordinance shall go into immediate effect.
Passed this ~..5 f day of , 2006.
ayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
puty Clerk of Council, Dublin, Ohio
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam
FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer
Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: July 17, 2006
RE: River Forest Road Bikepath Tunnel Project
Ordinance 45-06
SUMMARY:
We have completed the land acquisition process for the construction of a Bikepath tunnel at the
intersection of River Forest Road and Dublin Road. This project required the acquisition of right-
of-way and temporary construction easements from three (3) landowners. A drawing of the
proposed right-of--way and temporary construction easements was previously provided with
Resolution Nos. 50-06 through 52-06 on May 15, 2006 and Ordinance Nos. 35-06 and 36-06 on
July 3, 2006. We have reached an agreement with the remaining property owner for the
appraised value. Ordinance No. 45-06 is being submitted to Council for approval of the
acquisition of the necessary right-of--way and temporary construction easement.
RECOMMENDATION:
Legal Staff recommends approval of Ordinance No. 45-06 authorizing the land acquisition.
Exhibit "A"
Parcel 8-WD
City of Dublin, Ohio
From: Shelia M. Turner
All Right, Title, and Interest in Fee Simple in the Following
Described Property without Limitation of Eusting Access
Rights in the Name of and for the Use of The City of Dublin.
Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia
Military Survey Number 2544 and being part of record 1.734 acre pazcel as described in
Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instnunent
of Record 199904080088430 ofthe records of Franklin County, being a pazcel of land
lying on the left side of the centerline of Right of Way of Dublin-Bellepoint Road and
bounded and described as follows:
Commencing for reference at a railroad spike found in the centerline of existing Right of
Way ofDublin-Bellepoint Road at the intersection of said centerline with the centerline
of existing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 46-47;
thence North 17° 22' O1" West a distance of 53.04 feet to a point on the existing
centerline of Right of Way of Dublin-Bellepoint Road; thence South 72° 34' 42" West a
distance of 39.95 feet to a point on the westerly line of said Dublin-Bellepoint Road
existing Right of Way and being the Principle Point of Beginning for the pazcel herein
described;
Thence South 17° 22' O1" East along the westerly Right of Way line of Dublin-Bellepoint .
Road a distance of 8.00 feet to an iron pin set;
Thence with a curve to the right, along said Right of Way line with an arc length of 31.42
feet, with a radius of 20.00 feet, with a chord bearing of South 27° 37' S9" West, with a
tangent of 20.00 feet, and a chord length of 28.28 feet to an iron pin set;
Thence South 72° 37' S9" West a distance of 8.00 feet to an iron pin set;
Thence crossing through said Turner property North 27° 37' S9" East a distance of 39.60
feet to the Principle Point of Beginning and enclosing an area of 0.007 acres; .
Of the above described azea 0.007 acres is contained within Franklin County Auditor's
Pazce1273-000456;
All iron pins set are'/,-inch inside diameter by 30 inches with a cap stamped "American
Consulting, Inc." and will be set after construction is completed.
The bearings aze based on the Ohio State Plane Coordinate System, South Zone, as
established by the National Geodetic Survey, North American Datum of 1983, (1986
Adjustment) from GPS observations made from Franklin County Monument "Frank
6648" and City of Dublin Monuments " 3-02" and "97-008".
The above description was prepared in February 2006 by Charles P. Unteaeiner,
Professional Surveyor 7819 from a field survey made by American Consulting, Inc. in
January 2005 under the direction of said surveyor.
A drawing of the above description known as Exhibit `B" is attached hereto and made
part thereof.
Grantor claims title by Instrument of record in Instrument of Record 199904080088430
of the Recorder's Office, Franklin County, Ohio.
American Consulting, Inc.. =''=aC~~~j'C~ OF"O~_'O'''•
Charles
~
B ~~y ~ 3-3 a~ r
y' ~ Unt~rr~~nar
Charles P. Unterreiner, P.S. 7819 Date t 7~1 a .
EXHIBIT ~ t9~c/s-r Q' •
PROD. N0+ C0 20 0 4 013 3
. EXHIBIT B
PARCEL 8-WD
FILE N0+ 6 AMERICAN CONSULTING, INC.
2550 CORPORATE EXCHANGE DRIVE 0.007 ACRES
DRAWN BY+ Fda COLUIIBUS~ OHIO 43231 RIGHT OF WAY
Architects (614190!-2235 FAX+ (6141901-2236
Consultants DUBLIN, OHIO
CHKD BY+ CPU Engineers
SCALES I' = 40'
• ' = IRON PIN FOUND
0 20 4o ao p =IRON PIN SET
® ti = RR SPIKE -FOUND
SHELIA M. TURNER I.P. SET ARE q" I.D.
RIVER FOREST RESIDENTIAL ~ IRON PIN 30" LONG WITH
•LOT #7 CAP INSCRIBED AMERICAN
1N5T. #1999404080088430 CONSULTING, INC.
P10 273-000456 ~
1.734 AC. ~
~ ~ ~ I ~
Q S l7° 22' 0/" E, 8.00' vt I I I
20 CH - S 27° 37' S9" W, CH L - 28.28' W W ~
R = 20.00', ARC L - 3/.42', T = 20.00' ~ P.O.B. i I I
3Q S 72° 37' S9" W, 8.00' ~ S 72° 2" I I
®N 27° 37' S9" E, 39.60' ti: 39.95' I
LP.S. i N 17 Ili 0
° „
I.P.S. ~ 53.04'
- Ex. R/W LP.S? ~ I
~ RIVER FOREST RD. ~ I
PB 28, PGS 46-47------3
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Ex. R/W i I I I
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RESIDENT I AL
LOT X87 BASIS OF BEARING+
INST. #200402120031509 ~ BEARINGS ARE BASED ON THE OHIO STATE
PID 273-000538 PLANE COORDIANTE SYSTEM, SOUTH ZONE,
./.6/0 AC. -HAD B3 (86 ADJUSTMENT)
• 1 HEREBY CERTIFY THAT
;,~•'"P.~~OFpy°«~, THE FOREGOING DRAWING REPRESENTS THE
a=a''~~ f,,.•-••••••••-,. /O'•4 RESULTS OF AN ACTUAL FIELD SURVEY OF THE
f. Ch~rles~`•. ~ PREMISES PERFORMED UNDER MY RESPONSIBLE
SUPERVISION AND THAT THE SAID DRAWING IS
Unte+rei~~ar , ~ ~ CORRECT TO THE BEST OF MY KNOWLEDGE
~'~q 7819 p,i AND BELIEF.
s~
1 S~
Yo4 . j~ r~~G=.~ - - - 3 3-0~
''•..,,,,,,RVC CHARLES P. UNTERREINER P.S. N0. 78/9 DATE
AMERICAN CONSULTING, INC.
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY
OF DUBLIN AND BEING IN VIRGINIA MILITARY SURVEY
NUMBER 2544
Exhibit "A"
Parcel 8-T
City of Dublin, Ohio
From: Shelia M. Turner
Temporary Easement in the Name of and for
the Use of The City of Dublin.
Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia
Military Survey Number 2544 and being part of record 1.734 acre pazcel as described in
Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instrument
of Record 199904080088430 of the records of Franklin County, being a pazcel of land
lying on the left side of the centerline of Right of Way of Dublin-Bellepoint Road and
bounded and described as follows:
Commencing for reference at a railroad spike found in the centerline of existing Right of
Way of Dublin-Bellepoint Road at the intersection of said centerline with the centerline
of existing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 46-47;
thence South 17° 25' Ol" East a distance of 53.04 feet to a point on the existing centerline
of Right of Way of Dublin-Bellepoint Road; thence South 72° 34' 42" West a distance of
39.95 feet to a point on the westerly line of said Dublin-Bellepoint Road existing Right of
Way and being the Principle Point of Beginning for the parcel herein described;
Thence South 27° 37' S8" West a distance of 15.56 feet to a point;
Thence North 17° 22' Ol" West a distance of 223.00 feet to a point set on the northerly
line of said Turner property, also being the southerly property line of William M. Caserta
as recorded in Instrument of Record 200407200167997;
Thence North 72° 37' S9" East a distance of 11.00 feet to a point on the westerly Right of
Way line of Dublin-Bellepoint Road;
Thence South 17° 22' Ol" East a distance of 212.00 feet to the Principle Point of
Beginning and enclosing an azea of 0.055 acres;
Of the above described area 0.055 acres is contained within Franklin County Auditor's
Parce1273-000456;
All iron pins set aze'/e-inch inside diameter by 30 inches with a cap stamped "American
Consulting, Inc." and will be set after construction is completed.
T'he bearings are based on the Ohio State Plane Coordinate System, South Zone, as
established by the National Geodetic Survey, North American Datum of 1983, (1986
Adjustment) from GPS observations made from Franklin County Monument "Frank
6648" and City of Dublin Monuments " 3-02" and "97-008".
The above description was prepared in February 2006 by Charles P. Unten-einer,
Professional Surveyor 7819 from a field survey made by American Consulting, Inc. in
January 2005 under the direction of said surveyor.
A drawing of the above description known as Exhibit "B" is attached hereto and made '
part thereof.,
Grantor claims title by Instrument of record in Instrument of Record 199904080088430
of the Recorder's Office, Franklin County, Ohio.
American~~C,,onsu~/lting, Ina ,~•°P.~E•OF~O°"~,~
By: C.~ ~ -3'~~ ~~y~~.Charl
s1y'G•~-
Charles P. Unterreiner, P.S. 7819 Date ; ' f ~ p
.
1 Unt~rr~iner
`90 78f3 Oi.
EXHIBIT ~5k, s;cs;r~r``;'
GfiNE`it)~
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CITY OF DUBLIN DUBLIN RD./RIVER FOREST RD.
~ PREPARED BY THE CITY OF DUBLIN, BIKEPATH TUNNEL
DIVISION OF ENGINEERING
ssoo shier-Icings Itoaa.D~blin, Ohio 4~o1~-lam S H E L I A M. T U R N E R
Phone(614)410~d600 ~Faa(614)761-6s06
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DRAWN CHECKED DATE: JOB N0.
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