Ordinance 058-17RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
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Ordinance No. 58 -17 Passed , 20
AN ORDINANCE 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 IMPROVEMEMT911
WHEREAS, the City of Dublin (the "City ") 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 ORDAINED by the Co &il 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 $2,995, 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 Law Director's office is hereby authorized to file a petition for
appropriation in the county Court of Common Pleas should it become necessary, and
to utilize the quick -take procedures pursuant to R.C. 163.06.
Sectioii 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, including the authority to reach a reasonable administrative resolution with
the property owner to acquire the property interests in an amount greater than the
appraised value. Should the City reach a reasonable administrative resolution at an
amount greater than the appraised value, no further legislation is required.
Section 4. This Ordin nce shall take effect in accordance with 4.04(b) of the Dublin
Revised Charter.
Pass d this,-2k day of , 2017.
M or — Pre si ng Officer
A EST:
Clerk of Council
4cio bl i n
t
Office of the CI'*ty Manager
5200 Emerald Parkway* Dublin, OH 43017-1090
Phone,-, 614-410-4400 * Fax,,, 614-410-4490
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Ini"tiated By: Paul A. Hammersmith, Director of Engineering
Michael S. Sweder, PE, Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Re: S.R. 161 & Cosgray Road Intersection Improvement Project
Ordinances to Appropriate - Nos. 54-17 through 58-17
Ordinance 58-17
ity
"e requires the acquisition of property interest from the following property owners!.
Two of the acquisitions are being sought as total takes since the acquisitions will impact virtually th
entire parcel — the Weingarten parcel and the Pinney 7495, LLC parcel.
O.R. Colan, the City,, and Union County were able to come to a resolution to acquire the necessary
property interests from the properties owned by Robert E. Williams, II, Brian & Corin Cunningham., and
Pinney 7495, LLC.
The City is hopeful that an amicable resolution may be reached with the remaining property owners,
however,, these Ordinances authorize the City Law Director's Office to file complaints for appropriation
There is no resolution for Jerome I Associates, D. because the City has a prefirninary agreement with this property
owner for the donation of the necessary property interests.
Memo re. Ord. 54-17 through 58-17
August 10, 2017
Page 2 of 3
in the event that negotiations are unsuccessful. The Ordinances also authorize the City to enter into a
reasonable administrative settlement in the best interest of the City without further legislation.
Memo re. Ord. 54-17 through -17
August 10, 2017
Page
meeting The Law Department recommends approval of Ordinance Nos. 54-17 through 58-17 at the August
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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
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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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n �5 87'49'49' E
Lp.F.I 935.32'
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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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