Resolution 031-17RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No.
31 -17
Passed .20
A RESOLUTION OF INTENT TO APPROPRIATE A 0.0229 -ACRE
TEMPORARY CONSTRUCTION EASEMENT FROM RALPH E.
SMUCKER, LOCATED AT 7500 PLAIN CITY ROAD, FOR THE PUBLIC
PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS.
WHEREAS, the City of Dublin (the "City's is preparing to construct a roundabout at
the intersection of S.R. 161 and Cosgray Road (the Troject'7; and
WHEREAS, the Project requires that the City obtain a temporary construction
easement from Ralph E. Smucker, as described in the attached Exhibit A and depicted
in the attached Exhibit B.
NOW, THEREFORE, BE IT RESOLVED 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 intention to appropriate,
for the public purpose of constructing roadway improvements to be open to the public
without charge, a 0.0229 -acre temporary construction easement, as described in the
attached Exhibit A and depicted in the attached Exhibit B.
Section 2. The pity Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owner(s) and person(s) in possession
or having an interest of record in the property described in the attached Exhibit A and
depicted in the attached Exhibit B, and this notice shall be served according to law.
Section 3. This Resolution shall take effect upon adoption in accordance with
4.04(a) of the Dublin Revised Charter.
Pas ��fiis��, day of , 2017.
Matior — Presid
ST:
Clerk of Council
J
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it
,Q f4li 71 F�,
Office of the City Manager
5200 Emerald Parkway * Dublin, OH 43017-1090
Phone: 614-410-4400 a Fax: 614-410-4490
Members of the Dublin City Coun *1
t L. McDaniel,, City Mana
Initiated By: Paul A. Hammersmith, Director of Engineering
Michael S. Sweder', PE, Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Resolution 31-17
Re,: Resolutions of Intent to Appropriate - Resolutions 29-17 through 36-17
S.R. 161/Post Road and Cosgray Road Intersection Improvement Project
Two of the acquisitions will be total takes because the acquisitions will impact virtually the entint
parcel — the Weingarten parcel and the Pinney 7495, LLC parcel.
The City is hopeful that an amicable resolution may be 'reached with the property owners;
however, this Resolution begins the eminent domain process in the event that negotiations are
unsuccessful.
F
The property acquisition consists of the following property interests from each of the above-named
property owners, as depicted in the maps attached hereto:
I There is no resolution for Jerome I Associates, LTD. because the City and the Union County Engineer's Office have
preliminary agreement with this property owner for the donation of the necessary property interests. The Project
requires two fee simple rights-of-way and two temporary construction easements from Jerome I Associates., LTD. i
Memo re. Resolutions 29-17 through 36-17
Resolutions of Intent to Appropriate — S.R. 161/Post and Cosgray Intersection Improvement
April 20, 2017
Property Owner
Parcel. Property Interests
'Auditor Par I ce I I ID
(0.,5877 acre of which
No...
Number
Robeft E.
1-T Temporary Easement
271-000026-00
Williams, 11
(0.0230 acre
re is Rikooj
Kevin G*
2o,,T Temporary Easement
271-000011-00
Bennington M rk
a
(0 0299. ac re
agds }fit e._.±� is PROM)
A. Bryant Larry
0. Clarke. and
3-T Temporary Easement
271 -000014-00
Marc A. Palme
. 0232 acre,
I(Q
successor Clo
Trustees, of the
6 WD1 FeeSimple. R/W
274-0000010-00,
(0.1270 -acre of which 0.038.1
Duroc Trust
acrd is P,1R.0.2)
6-WD2 Fee Simple R/W
(0..9139 acre of which 0.4 8_15
acre *1sP.RA0*)
i
6-Ul Utility E asemant
(046520 acre
2w*
6 Temporary :tasement
Ralph E. Smucker 4-T Temporary Easement 271-000020-00
(0.0229 acre
Jeffry,
7 WDI Fee Simple R/W 272 000328-00
Weingarten,
(0.,5877 acre of which
3e ffIq We in den
0.2694acre s PiR.0
T*OoD* Virginia.
im e _W
7-WD2 Fee$ pf !:R/
Aco sU T�O D
(0* 1264 acre of which GN0738,
re is Rikooj
71"WD3 F e,,R W
ee, bimpl�.
acre of which 000009
agds }fit e._.±� is PROM)
Jeffrey T. 9-T Temporary Easement 272-000301-00
Beckman (0.0034 acre ±)
12-WD Fee Simple R/W 1272-000151-00
(0.3304 acre ± of which 0.1858
acre ± is P.R.O.)
Temporary Easement
(0.0132 acre ±)
2 P.R.O. stands for Present Road Occupied,. which means that this portion of the acquisition is already encumbered with
Memo re. Resolutions 29-17 through 36-17
Resolutions of Intent to Appropriate — S.R. 161/Post and Cod ray Intersection Improvement
April 20, 2017
Page 3 of 3
Staff recommends approval of Resolution Nos. 29-17 through 36-17 at the April 24 meeting as
approval of the Resolutions will keep the Project moving forward.
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LEGEND
Proposed Right -of -Way
Proposed Permanent Easement
Proposed Temporary Easement
- 1 -Williams
2 - Duroc Trust
3 - Duroc Trust
4 - Smucker
5 - Jerome I
6 - Duroc Trust
- 7 - Weingarten (Total take)
- 8 - Kretzer
9 & 12 - Beckman
10 - Geitgey
- 11 -Pinney 7495 (Total take)
- 13 - Cunningham
16- 020 -CIP
City of Dublin SR 161 / Cosgray Road Roundabout 0 125 250 500
OHIO, USA Property Acquisition Map Feet
Ver. Date: 02/13/2017
EXHIBIT A
PARCEL 4 -T
S.R. 161 / COSGRAY RD. ROUNDABOUT
DESCRIPTION OF A TEMPORARY
CONSTRUCTION AND GRADING EASEMENT
Page 1 of I
Situated in the State of Ohio, County of Franklin, Washington Township, V.M.S. No. 6748, being part of
a tract in the name of Ralph E. Smucker (hereinafter known as the "Grantor') by Instrument Number
200406290150741 of Franklin County records.
Commencing, for reference, at a 5/8 inch rebar (found) where the Franklin/Union County line intersects
the westerly line of V.M.S. No. 6748 and the centerline of Fulk Road; thence, leaving said V.M.S. line,
along the Franklin/Union County line, South 87 degrees 49 minutes 49 seconds East, a distance of 935,32
feet to a point on the grantor's westerly line and the easterly line of a tract in the name of Kevin G.
Bennington, Mark A. Bryant, Larry D. Clarke, and Marc A. Palmer, Successor Co- Trustees of the Duroc
Trust, as recorded in Instrument Number 201511060158372 of Franklin County records and Instrument
Number 201511160161900 of Franklin County records; thence, leaving said county line, along said
property line, South 04 degrees 36 minutes 06 seconds East, a distance of 80.68 feet to the Point of
Beginning of the easement herein described; Thence, clockwise along the following four (4) courses;
1. Thence, leaving said property line, across the grantor's tract, North 72 degrees 55 minutes 51
seconds East, a distance of 198.86 feet to a point on the westerly line of a tract in the name of
Jerome I Associates, Ltd., an Ohio Limited Liability Company, as recorded in Instrument
Number 201508070109463 of Franklin County records;
2. Thence, along said property line, South 13 degrees 08 minutes 34 seconds East, a distance of
5.01 feet to a 5/8 inch rebar (found) at the grantors southeasterly corner, said comer being in the
westerly line of said Jerome I Associates, Ltd., tract, said comer also being on the northerly
existing right of way line of State Route 161;
3. Thence, along said existing right of way line, South 72 degrees 55 minutes 51 seconds West, a
distance of 199.62 feet to a 5/8 inch rebar (found) at the grantor's southwesterly comer, said
comer being on the easterly line of said Dome Trust tract;
4. Thence, leaving said existing right of way line, along said property line, North 04 degrees 36
minutes 06 seconds West, a distance of 5.12 feet to the Point of Beginning, containing 0.0229
acres, of which the present road occupies 0.0000 acres, and is contained within Franklin County
Auditors Permanent Parcel No. 271 - 000020 -00.
The bearings for this description are based on the bearing between Franklin County Engineer's
Monument "FRANK72" and Franklin County Geodetic Survey Monument "WE130" being North 84
degrees 36 minutes 52 seconds West, as measured with GPS methods using Grid North, of the Ohio State
Plane Coordinate System, South Zone (2011).
This description was prepared and reviewed under the supervision of Steven L. Mullaney, Professional
Surveyor No. 7900 from a survey conducted for the City of Dublin, Ohio in July, 2016.
Mullaney, F.S.
tal Surveyor No. 7900
OF
fib STEVEN O
L.
MULLANEY
�. 7900 a)*
� RVE SCw /OQi
-I&Ak
LEGEND:
1.800.955.4731 EXHIBIT B
www.gpdgroup.com PARCEL 4 -T
GPD GROUP® SR 161 /COSGRAY RD. ROUNDABOUT
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
OI.P.F. 518' REBAR (FOUND)
OP.F. 314' PIPE (FOUND)
FULK RD.
Nim Q
m P e
<oco a
vil v� r
n �5 87'49'49' E
Lp.F.I 935.32'
I O
3
KEVIN G. BENNINGTON,
MARK A. BRYANT,
LARRY D. CLARKE,
AND MARC A. PALMER,
SUCCESSOR CO- TRUSTEES
OF THE DUROC TRUST
271-000014-00
P•O.6
INST. 2 0 15110 6 0 /5 8 3 72
& INST. 207511160161900 /
STATE OF OHIO 50 0 25 50
FRANKLIN COUNTY
WASHINGTON TOWNSHIP I INCH = 50 FT.
V.M.S. 6748
O
5
JEROME I ASSOCIATES, LTD.,
AN OHIO LIMITED
LIABILITY COMPANY
15 -00- 31018.0040
INST. 201505130003598
(UNION COUNTY RECORDS)
I.P.F.
O
RALPH E. SMUCKER
75- 00 -31- 016.0000
O.R. 552, PG. 184
(UNION COUNTY RECORDS)
0.0229 ACRES
jY-
0
UNION COUNT
FRANKLIN COUN S 13 °08'34' E—
RALPH E. SMUCKER 5.01' jM
271- 000020 -00
INST. 200406290150741
N 04 °36'06' W
5.12' N 72 °9
AN ONRO
O
ES
45E ,51.
ASSOIA W7' `COMPANY
LI 27 Ep00 8p 0llo -'
i
/S 12 °55,51, W
h
0
JEFFREY T. BECKMAN
272 - 000151 -00
INST. 200611060222669
O
JEROME I ASSOCIATES, LTD.,
AN OHIO LIMITED
LIABILITY COMPANY
15 -00- 37018.0040
INST. 201505730003598
(UNION COUNTY RECORDS)
4V
S 72 °55'51' W
199.62'
- R/W S.R. 16.1
1 v E% SH /
p.F. 11
PINNEY 7495, LLC,
AN OHIO LIMITED
LIABILITY COMPANY
271-000018-00
INST. 201704200052126
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PERTINENT DOCUMENTS USED:
INST. 201511060158372, INST. 201511160161900,
INST. 200406290150741, INST. 200611060222669,
OF O
INST. 201704200052126, INST. 200908250124342
BASIS OF BEARINGS:
STEVEN O
L.
BEARINGS ARE BASED ON THE BEARING BETWEEN
FRANKLIN COUNTY ENGINEER'S MONUMENT FRANK72"
MULLANEY
AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT
7900 O
'WE130'BEING N 84 °36'52" W, AS MEASURED WITH CPS
' T
METHODS USING GRID NORTH, OF THE OHIO STATE
\^�13TE��i
�R tO�.
PLANE COORDINATE SYSTEM, SOUTH ZONE (2011).
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