Resolution 056-17RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 56 -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 "Project'; 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, T7 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 City 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.
r
P ssed this ay of 12017.
ayor — P siding Officer
TTEST:
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 Mana�ve.
Q74e-
Initiated By: Paul A. Hammersmith, Director of Engineering
Michael S. Sweder, PE, Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Date: July 27, 2017
Re: S.R. 161 & Cosgray Road Intersection Improvement Project
Resolutions of Intent to Appropriate - Nos. 52 -17 through 57 -17
BACKGROUND
Resolution 56 -17
Memo
The City of Dublin ( "City "), the Franklin County Engineer's Office, and the Union County Engineer's
Office (collectively, the "Project Partners' are working together to construct a roundabout at the
intersection of S.R. 161 /Post Road and Cosgray Road (the "Project "). The Project Partners entered
into a cooperative construction agreement on June 28, 2016 for the intersection improvements. In
accordance with the agreement, the City will be the main point of contact regarding the property
acquisition necessary for the Project, but Union County is responsible for costs of purchasing or
acquiring those property interests from the various property owners. The City, at the request of
the Ohio Department of Transportation, engaged O.R. Colan Associates ("O.R. Colan') as the
acquisition consultant for the Project. In this role, O.R. Colan has been the main point of contact
with the property owners, and will be working with the property owners to reach amicable
resolution. O.R. Colan is also working with the tenant on two of the properties that will need to be
relocated.
The Project requires the acquisition of property interest from the following property owners:
• Robert E. Williams, II
• Kevin G. Bennington, Mark A. Bryant, Larry D. Clarke and Marc A. Palmer, Successor
Co- Trustees of the Duroc Trust (3 properties)
• Ralph E. Smucker
• Jerome I Associates, LTD., an Ohio Limited Liability Company'
• Jeffry Weingarten, Jeffrey Weingarten T.O.D., Virginia M. Acosta T.O.D.
• Jeffrey T. Beckman (2 properties)
• The Geitgey Company, an Ohio corporation
• Pinney 7495, LLC, an Ohio limited liability company
• Brian Cunningham and Corin Cunningham
Two of the acquisitions are being sought as total takes since the acquisitions will impact virtually
the entire parcel — the Weingarten parcel and the Pinney 7495, LLC parcel.
' There is no resolution for Jerome I Associates, LTD. because the City has a preliminary agreement with this property
owner for the donation of the necessary property interests.
Memo re. Res. 52-17 through 57-17
July 27,, 2017
Page 2 of 3
The City 'is hopeful that an amicable resolution may be reached with the property owners;
however, these Resolutions begin the eminent domain process in the event that negotiations are
unsuccessftjl N
To date,, the City has agreed to terms with two of the property owners — Brian & Corin
Cunningham and Pinney 7495, LLC. Those acquisitions are addressed in separate legislation and
correspondence memorandum.
The property acquisition consists of the following property interests from each of the above-named
property owners (minus the Cunningham and Pinney 7495, LLC parcels), as depicted in the maps
attached hereto
Robert E. 1-T Temporary Easement 271-000 02 6 -00
W1,311"ams, 11 (0.0230 acre
E 4W'Mont 271-00WI1 00
Acr(�
r0y Easerneht 2 k00001+00
Ralph E. Smucker 4-T Temporary Easement 271-000020-00
(0.0229 acre ±)
' P.R.O. stands for Present Road Occupied, which means that this portion of the acquisition is already encumbered with
a roadway easement.
Memo re. Res. 52-17 through 57-17
July 27, 2017
Page 3 of 3
Staff recommends approval of Resolution Nos. 52-17 through 57-17 at the July 31 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
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L.
MULLANEY
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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.
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Lp.F.I 935.32'
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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
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ES
45E ,51.
ASSOIA W7' `COMPANY
LI 27 Ep00 8p 0llo -'
i
/S 12 °55,51, W
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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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