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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 D � 7423 r s7so^ 7soo - _ � 7630 ,. tryashingt 7672 "1 6700 t r� 76e0 7665 } J A7688 trs IL AIL 7ses ',l'Y 4.a �e.1M 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' ..%%., G 0 F n !i. STEVEN L. 2 '1 Zo) MULLANFY Y= S ven L Mull. ey, P.. Date _ -0 S -7900 p _ Pro'fiesgibnal Surveyor No. 7900 p i <c �FG!Sn- �� Aar"*A*k� 1.800.955.4731 www.gpdgroup.com GPD GROUP® 40 0 20 40 1 INCH = 40 FT. L �f FULK RD. I< I�z I`•l nl O `"I �I RALPH E. SMUCKER WASHINGTON TOWNSHIP 271- 000020 -00 I I INST. 200406290150741 / r1 IN cZii m ~ N � on>m oo� rno-i .o• m n rn Z m 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 M V P� SIA /i 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 I O 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 _ 'o 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 o. \Oq ^x SQL_: Q- 2q�aAc Oor—v 7) c000t illanet, P.S. Surveyor No. 7900 Co ME, S '� �- NVE, °> DEAN C. RU40LE P.E. P.S. i ' 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 11 -WD GPD GROUP SR 161 /COSGRAY RD. ROUNDABOUT r— ¢ FULK RD. is m m POC. UNION COUNTY LP.F. FRANKLIN COUNT?? --1, ml `OI 4O V'I RALPH E. SMUCKER �I 271 - 000020 -00 II INST. 200406290150741 STATE OF OHIO 3' 75 °0 38" o ° 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) � 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) 40 0 20 40 7 INCH = 40 FT. JEROM�D o A91L OO 463 RA O AN OHIO L1 2712000 pg0j0109 17 INST, tr 0 3' 75 °0 38" o ° N 61 E 72 °6 P.K.S. 0 .L'N 0.2919 Q m 1- 71 -WD ACRES 1W 7 / 10 1238 ACRE w N / � � o .fx SA PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271 - 000018 -00 _ INST. 201104200052126 /2 cZn m ~ N � oNm oo� rno-� -o• m m n m Z m ll PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271-000319-00 INST. 201104200052126 OFQ\ S I VEN ��O yf PAULLANEY L� �' \ i�VG�O -�' R/W S.R. 161 / 0.0200 ACRES FISH / W 0 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 1 t'