Ordinance 053-16RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 53 -16 Passed , 20
AN ORDINANCE TO APPROPRIATE A 0.180 -ACRE, MORE OR
LESS, PERMANENT EASEMENT FROVI VVESTPOI14TE METRO
LAKES SPE, LLC, LOCATED AT 485 METRO PLACE SOUTH,
FOR THE PUBLIC PURPOSE OF CONSTRUCTING A PUBLIC
SHARED -USE PATH AND RELATED IMPROVEMENTS.
WHEREAS, the City of Dublin (the "City'? is preparing to construct the Smiley Park
shared -use path project, which will include the construction of a shared -use path and
related public improvements connecting to Smiley Park (the " "Project's; and
WHEREAS, the Project requires that the City obtain a permanent easement from
Westpointe Metro Lakes SPE, LLC as described in the attached Exhibit A and depicted in
the attached Exhibit B, said property interest located in the City of Dublin, County of
Franklin, State of Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware,
Franklin, and Union Counties, 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 $10,800, for the public purpose of constructing
a public shared -use path and related public improvements, a 0.180 -acre permanent
easement, as described in the attached Exhibit A and depicted in the attached Exhibit B.
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.
Pa sed this day, of Neo "(cam 2016.
iyiayor —
ATTEST:
sid[rA Officer
Clerk of Council
Office of the Cloty Manager
1200 Emerald Parkway * Dublin, OH 43017-1090
I*t-x,r of Dubl in Phone.- 614-410-4400,o Fax: 614-410-4490
Cit
V*IJ
To: Members of Dublin City Council
Fromm, Dana L. McDaniel, City Mana f
Date: November 17, 2016
In*ltl*ated By: Paul A. Hammersmith, PE, Director of Engineering/City Enginee
Kenneth B. Richardson, PE, PS, Senior Civil Engineer
Philip K. Hartmann, Assistant Law Director I
The City of Dublin (the "City") is preparing to construct the Smiley Park shared-use path project,
which will include the construction of a shared-use path and related public improvements
connecting to Smiley Park (the "Project). The City is obtaining easements from various
landowners to construct the Project.
This Project requires that the City acquire a permanent easement from Westpointe Metro Lakes
SPE, LLC (the "Grantor") from the property located at 485 Metro Place South, identified as
Franklin County Parcel Number 273-004290.
City staff has been in discussions with the Grantor and hopes to reach an amicable agreement for
the acquisition of the easement, however, this Ordinance authorizes the City Law Director"s
Office to file a complaint for appropriation in the event that negotiations are unsuccessful.
The appropriation consists of a 0.180-acre, more or less, permanent easement. The appraised
fair market value of the permanent easement was determined to be $10,800.
Staff recommends approval of Ordinance 53-16 at the second reading/public hearing on
December 5, as approval of the Ordinance will keep the project moving forward.
Permanent Easement for Shared -Use Path,
Utilities, Storm Drainage and Grading
Iof Dublin
OHIO, USA
Westpointe Metro Lakes SPE, LLC
485 Metro Place South
Dublin, OH 43017
PID: 273 - 004290
0 75 150 300
Feet
Parcel 5P
Exhibit A
Permanent Easement
for
Shared -Use Path, Utilities, Storm Drainage, and Grading
Situated in the State of Ohio, County of Franklin, City of Dublin, and being a part of a 7.034 acre
tract conveyed to Westpointe Metro Lakes SPE, LLC by Instrument #201105160062536, all
records herein are from the Recorder's Office, Franklin County, Ohio and being more particularly
described as follows:
Beginning at a 5/8" diameter pin located on the southwest corner of said 7.034 acre tract;
Thence, North 08 °18'14" East, a distance of 10.00 feet along the west line of 7.037 acre tract to a
point;
Thence crossing said 7.034 acre tract the following two courses:
1. Thence, South 81'42'32" East, a distance of 499.09 feet to a point;
2. Thence, North 87 °55'02" East, a distance of 284.61 feet to the east line of said 7.037
acre tract;
Thence, South 06 °02'42" East, a distance of 10.02 feet along the east line and to the south line of
said 7.037 acre tract;
Thence along the south line of said 7.037 acre tract the following two courses:
1. Thence, South 87 °55'02" West, a distance of 286.21 feet to a point;
2. Thence, North 81 °42'32" West, a distance of 500.00 feet to the Point of Beginning
containing 0.180 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, South
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 273 - 004290 -00 and is based on
Instrument #201105160062536.
I hereby certify this description was based field survey conducted by CW Design Group, LLC
under my guidance in May 2016 and to the best of my knowledge depicts the boundary lines.
CW Design Group, LLC
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08/09/2016 ? C ,
Charles A. Wagner - Professional Surveyor 8091 Date = w O
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972 UnkfiBm Or"
Worthington, Ohio 43065
CW DEMON DRWP. L
PARCEL 5P
PERMENANT EASEMENT FOR
SHARED -USE PATH, UTILITIES,
STORM DRAINAGE AND GRADING
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