Ordinance 045-17RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
Ordinance No. 45-17 Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE
AND ACCEPT ALL OF FRANKLIN COUNTY PARCEL NUMBERS 271-
000018-00 AND 272 - 000319 -00, IN FEE SIMPLE, CONSISTING(-,
OF APPROXIMATELY 0.649 ACRE, FROM PIN N\ EY 7495, LLC,
LOCATED AT 7495 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 all of Franklin County Parcel
Numbers 271- 000018 -00 and 272 - 000319 -00, in fee simple, consisting of
approximately 0.649 acre, from Pinney 7495, LLC, as described in the attached Exhibit
A and depicted in the attached Exhibit B.
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. The City Manager is hereby authorized to execute all necessary
conveyance documents to acquire and accept a 0.649 -acre, more or less, fee simple
warranty deed (0.1238 -acre of which is present road occupied), from Pinney 7495,
LLC, for the appraised value of $412,008.00, said property interests consisting of all of
Franklin County Parcel Numbers 271 - 000018 -00 and 272 - 000319 -00, and more fully
described and depicted in the attached Exhibits A and B.
Section 2. 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 Ordinances all take effect in accordance with 4.04(b) of the Dublin
Revised Charter.
PA ssed this
ayor — PresWing Officer
'ATTEST:
Clerk of Council
of , 2017.
Office of the City Manager
5200 Emerald Parkway *Dublin, OH 43017-1090
C1�T of Dublin Phone.- 614-410-4400 9 Fax: 614-410-4490
AOft dab,
-MCM0
To.x Members of Dublin City Council
V "p,
From:, Dana L. n
McDaniel, City Maag
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
Res, S.R. 161 & Cosgray Road Intersection Improvement Project
Ordinances Authorizing Acquisition - Nos. 45-17 and 46-17
The Project requires the acquisition of property interest from the following property owners:
Two of the acquisitions will be total takes because the acquisitions will impact virtually the entir
parcel — the Weingarten parcel and the Pinney 7495,. LLC parcel.
I ']'here is no resolution for Jerome I Associates. LID. because the City and the Union County Engineer's Office have a
preliminary agreement with this property ownerfor the donation of the necessary prop ert�s interests. 1"he Prqject
requires two fee simple rights-of-way and two temporary construction easements ftom Jerome I Associates, LTD.
Memo re. Ord. -land 46-1
July 27, 2017
Page 2 of 2
The Project also requires that the City acquire a 0.2336-acre, more or less, fee simple warranty
deed for public right-of-way from Brian and Corin Cunningham, as well as a 0.0141-acre, more or
less, temporary easement. These property interests are provided in the table below.
The City, through its acquisition consultant O.R. Colan Associates, participated in good faith
discussions with both Pinney 7495, LLC and the Cunninilly hams, and has come to mutually
agreeable terms for the acquisition of the property interest for their appraised values.
The property acquisition consists of the following property interests from each of the above-named
property owners, as depicted in the maps attached hereto:
Staff recommends approval of Ordinance Nos. 45-17 and 46-17 at the second reading/public
hearing on August 14, 2017, as the ordinances authorize the City Manager to execute all necessary
conveyance documents and formally accept the necessary property interests described above,
P. .O.. stands -for Present Road Occupied, which means that this pol-tion of the acquisition is already encumbered with
a roadway easement.
6761
6750
6747 7450
Jerome
TWP
7455
7495
7608
B 0 7453
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7672
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6700 t r�
76e0
7665 }
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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
PRELIMINARY
APPROVAL
FRANKLIN COUNTY
ENGINEERING T.
ERING DEP
rEQA45SM14t� BY: 7-)
Ver. Date: 06/28/2017
EXHIBIT A
PARCEL 11 -E
S.R. 161 / COSGRAY RD. ROUNDABOUT
RESIDUAL LAND
Page I of I
Grantor /Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all
existing rights of ingress and egress to and from any residual area (as used herein, the expression
"Grantor /Owner" includes the plural, and words in the masculine include the feminine or neuter).
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 Pinney 7495, LLC, An Ohio Limited Liability Company (hereinafter known as the
"Grantor") by Instrument Number 201104200052126 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 said county line, South 87 degrees 49 minutes 49 seconds East, a distance of 1310.09 feet to a p.k.
nail (set) at the northeasterly comer 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,
said corner being in the northerly line of a tract in the name of Jeffry Weingarten, Jeffry Weingarten
T.O.D., Virginia M. Acosta T.O.D., as recorded in Original Record 12627, Page J10 and Instrument
Number 200908250124342; thence, leaving said county line, along the northerly line of said Weingarten
tract and the southerly line of said Jerome I associates, LTD., tract, South 75 degrees 3 minutes 38
seconds West, a distance of 176.19 feet, to a p.k. nail (set), at the northwesterly corner of said Weingarten
tract; thence, leaving the southerly line of said Jerome I Associates, LTD., tract, along the westerly line of said
Weingarten tract, South 08 degrees 41 minutes 37 seconds East, a distance of 116.63 feet to a 5/8 inch by 30
inch rebar (set), with cap stamped "GPD ", and the Point of Beginning of the parcel herein described,
passing a 3/4 inch pipe (found) at a distance of 43.31 feet; thence, clockwise along the following four (4)
courses;
1. Thence, continuing along the westerly line of said Weingarten tract, South 08 degrees 41 minutes 37
seconds East, a distance of 129.05 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ",
at the southwesterly comer of said Weingarten tract, said comer being on the northerly line of a tract
in the name of Steven R. Kretzer and Patricia L. Kretzer, as recorded in Official Record 24190, Page
J17;
2. Thence, along the northerly line of said Kretzer tract, South 80 degrees 33 minutes 05 seconds West,
a distance of 122.00 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ", at the
northwesterly comer of said Kretzer tract, said comer being on the easterly line of a tract in the name
of Jeffery T. Beckman, as recorded in histmment Number 200611060222669 of Franklin County
records;
3. Thence, along easterly line of said Beckman tract, North 05 degrees 11 minutes 07 seconds West, a
distance of 122.68 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD' ;
4. Thence, leaving said property line, across the grantor's tract, North 77 degrees 12 minutes 10
seconds East, a distance of 114.78 feet to the Point of Beginning; containing 0.3409 acres, of which
the present road occupies 0.0000 acres, of said 0.3409 acres, 0.0727 acres is contained within Franklin
County Auditor's parcel No. 271- 000018 -00 and the remaining 0.2682 acres is contained within
Franklin County Auditor's parcel No. 271- 000319 -00.
The bearings for this description are based on the bearing between Franklin County Engineer's Monument
"FRANK72" and Franklin County Geodetic Survey Monument "WE 130" 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 `N1y ?Vjl61r'
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STEVEN L.
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Pro'fiesgibnal Surveyor No. 7900 p
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RALPH E. SMUCKER
WASHINGTON TOWNSHIP
271- 000020 -00
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EXHIBIT B
PARCEL 11 -E
SR 161 /COSGRAY RD.
ROUNDABOUT
STATE OF OHIO
FRANKLIN COUNTY
LEGEND:
WASHINGTON TOWNSHIP
P.O.B. POINT OF BEGINNING
V.M.S. NO. 6748
P.O.C. POINT OF COMMENCEMENT
. P.K.S. P.K. NAIL (SET)
314' PIPE (FOUND)
OOP.F.
N
• LP.s. 518" x 30' REBAR (SET)
W /CAP STAMPED 'GPD'
Q I.P.F. 518'REBAR (FOUND)
E
I.P.F. / O
E I ASSOGIBILITy COMRANY 5
JEROMIMITEODOp03'Dog463
AN OHIO 271-00 08070
INST' ZP.K.s. 8
/ 72055 5/ � 7I
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PINNEY 7495, LLC, AN OHIO
LIMITED LIABILITY COMPANY
271- 000018 -00
INST. 201104200052126
1
-� R/W S.R. 161
/Ex �
0.0200 ACRES
/ExISH
W
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JEFFRY WEINGARTEN, ✓EFFRY WEINGARTEN
T.O.D., VIRGINIA M. ACOSTA T.O.D.
272 - 000328 -00
O.R. 12627, PG. J10 9
INST. 200908250124342
114.78'
I.P.s.
"lz'10" E PERTINENT DOCUMENTS USED:
`^ INST 20 04 06290150 741, INST 201508070109463
(0.0727 ACRES) m INST 201104200052126, INST 200908250124342
a INST 200611060222669
R
PINNEY 7495, LLC, AN OHIO
LIMITED LIABILITY COMPANY
271 - 000319 -00
INST. 201104200052126
0.3409 ACRES
11 -E
(0.2682 ACRES)
5
STEVEN L.
MULLANEY L,
v S -7900 O _
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Jam\
'(�S �FGISTER�J�
i
BASIS OF BEARINGS:
BEARINGS ARE BASED ON THE BEARING BETWEEN
FRANKLIN COUNTY ENGINEER'S MONUMENT FRANK72'
AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT
'WEIJO'BEING N 8403652' W, AS MEASURED WITH
GPS METHODS USING GRID NORTH, OF THE OHIO
STATE PLANE COORDINATE SYSTEM, SOUTH ZONE
(2011). _-
.s.
L. 9ULLANEY, P.S. 7900-t\ DATE
L I-1
STEVEN R. KRETZER 9
PA TRICIA L. KRETZER
272- 000326 -00
O.R. 24190, PG. J -17
.s.
EXHIBIT A
Ver. Date: 02/13/2017 Page 1 of I
PARCEL 11 -WD
S.R. 161 / COSGRAY RD. ROUNDABOUT
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Grantor /Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all
existing rights of ingress and egress to and from any residual area (as used herein, the expression
"Grantor /Owner" includes the plural, and words in the masculine include the feminine or neuter).
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 Pinney 7495, LLC, An Ohio Limited Liability Company (hereinafter known as the
"Grantor") by Instrument Number 201104200052126 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 said county line, South 87 degrees 49 minutes 49 seconds East, a distance of 1310.09 feet to a p.k_
nail (set) at the northeasterly comer 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,
said corner being in the northerly line of a tract in the name of Jeffry Weingarten, Jeffry Weingarten
T.O.D., Virginia M. Acosta T.O.D., as recorded in Original Record 12627, Page JIO and Instrument
Number 200908250124342; thence leaving said county line, along the northerly line of said Weingarten
tract and the southerly line of said Jerome I associates, LTD., tract, South 75 degrees 3 minutes 38
seconds West, a distance of 176.19, to a p.k. nail (set), at the northwesterly comer of said Weingarten
tract, and the Point of Beginning of the parcel herein described; thence, clockwise along the following
four (4) courses;
1. Thence, leaving the southerly line of said Jerome I Associates, LTD., tract, along the westerly line of
said Weingarten tract, South 08 degrees 41 minutes 37 seconds East, a distance of 116.63 feet to a
5/8 inch by 30 inch rebar (set), with cap stamped "GPD ", passing a 3/4 inch pipe (found) at a distance
of 43.31 feet;
2. Thence, leaving said westerly line, across the grantor's tract, South 77 degrees 12 minutes 10
seconds West, a distance of 114.78 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ",
on the easterly line of a tract in the name of Jeffery T. Beckman, as recorded in Instrument Number
20061 1060222669 of Franklin County records;
3. Thence, along easterly line of said Beckman tract, North 05 degrees 11 minutes 07 seconds West, a
distance of 113.28 feet to a p.k. nail (set), at the northeasterly corner of said Beckman tract, said
comer being in the southerly line of said Jerome I Associates, LTD., tract, passing a 3/4 inch pipe
(found) a distance of 61.3 t feet;
4. Thence, along the southerly line of said Jerome I Associates, LTD., tract, North 75 degrees 03
minutes 38 seconds East, a distance of 108.19 feet to the Point of Beginning; containing 0.2919
acres, of which the present road occupies 0.1238 acres, and is contained within Franklin County
Auditor's parcel No. 271- 000018 -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 ?Q I Q
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Surveyor No. 7900
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www.gpdgroup.com PARCEL 11 -WD
GPD GROUP SR 161 /COSGRAY RD.
ROUNDABOUT
r— ¢ FULK RD.
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UNION COUNTY
LP.F. FRANKLIN COUNT?? --1,
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V'I RALPH E. SMUCKER
�I 271 - 000020 -00
II INST. 200406290150741
STATE OF OHIO
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75 °0 38"
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FRANKLIN COUNTY
LEGEND:
WASHINGTON TOWNSHIP
P.O.B.
POINT OF BEGINNING
V.M.S. NO. 6748
P.O.C.
POINT OF COMMENCEMENT
10 1238 ACRE
- P.n.s.
P.K. NAIL (SET)
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OP.F.
314' PIPE (FOUND)
N Gt.P.s.
518' x 30' REBAR (SET)
LIMITED LIABILITY COMPANY
W/C'AP STAMPED GPD"
271 - 000018 -00
0 I.P.F.
518' REBAR (FOUND)
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PINNEY 7495, LLC, AN OHIO
LIMITED LIABILITY COMPANY
271 - 000018 -00
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INST. 201104200052126
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PINNEY 7495, LLC, AN OHIO
LIMITED LIABILITY COMPANY
271-000319-00
INST. 201104200052126
OFQ\
S I VEN ��O
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-�' R/W S.R. 161 /
0.0200 ACRES
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JEFFRY WEINGARTEN, JEFFRY WEINGARTEN
T.O.D., VIRGINIA M. ACOSTA T.O.D.
272 - 000328 -00
O.R. 12627, PG. J10 9
INST. 200908250124342
* 0.1238 ACRES P.R.O.
+0.1681 ACRES ADDITIONAL R/W
- 0.2919 TOTAL ACRES
PERTINENT DOCUMI -NTS USED:
INST 200406290150741, INST 201508070109463
INST 201104200052126, INST 200908250124342
INST 200871060222669
BASIS OF BEARINGS:
BEARINGS ARE BASED ON THE BEARING BETWEEN
FRANKLIN COUNTY ENGINEER'S MONUMENT'FRANK72'
AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT
'WE130'BEING N 84 036'52' W, AS MEASURED WITH
GPS METHODS USING GRID NORTH, OF THE OHIO
STATE PLANE COORDINATE SYSTEM, SOUTH ZONE
(2017).
L. MULLANEY, P.S. 7900 ( ) DA TE
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