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Ordinance 055-17Damn Leeal Blank. Inc. Ordinance No. 55 -17 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE TO APPROPRIATE A 0.0034 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM JEFFREY T. BECKMAN, LOCATED AT 7423 COSGRAY ROAD; A 0.3304 -ACRE FEE SIMPLE RIGHT -OF -WAY; AND A 0.0132 -ACRE TEMPORARY CONSTRUCTION EASEMENT, FROM THE SAME PROPERTY OWNER, LOCATED AT 7505 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 fee simple right -of -way and two temporary construction easements from two properties owned by Jeffrey T. Beckman, as described in the attached Exhibits A and depicted in the attached Exhibits B. NOW, THEREFORE, BE IT ORDAINED by the Co cil 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 $128, 150,.for the public purpose of constructing roadway improvements to be open to the public without charge, a 0.0034 -acre temporary construction easement, a 0.3304 -acre fee simple right -of -way, and a 0.0132- -acre temporary construction easement, as described in the attached Exhibits A and depicted in the attached Exhibits 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. Section 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 Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Pa�i ed this ?4t-)d � 11 l 61 ayor — Presi TTEST: Clerk of Council I C Ulty of 'D" b l i n it Office of the Cifty Manager 5200 Emerald Parkway* Dublin, OH 43017-10 Phone: 614-410-4400 # Fax.- 614-410-4490 To,: Members of Dublin City Council From: Dana L. McDaniel, City Manager initi"ated By: Paul A. Hammersmith, Director of Engineering Michael S. Sweder, PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director Date,: August 10, 2017 Re:. S.R. 161 & Cosgray Road Intersection Improvement Projec) Ordinances to Appropriate - Nos. 54-17 through 58-17 Ordinance 55-17 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. O.R. Colan, the City, and Union County were able to come to a resolution to acquire the necessa property interests from the properties owned by Robert E. Williams, II, Brian & Corin Cunningham, an Pinney 7495, LLC. 11 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 appropriatioi. ' There is no resolution for Jerome I Associates, LTD- because the Cityhas a preliminary agreement with this property owner for the donation of the necessary property interests. Imo re. Ord. 54-17 through 58-17 August 10, 2017 Page 2 of 3 Memo re. Ord. 54-17 through -1 August , 2017 Page 3 of 3 RECOMMENDATION The Law Department recommends approval of Ordinance Nos. 54-17 throe gh 58-17 at the August meeting s approval of the Ordinances will keep the Project moving forward. 6761 6750 6747 7450 Jerome TWP 7455 7495 7608 B 0 7453 D � 7423 r s7so^ 7soo - _ � 7630 ,. tryashingt 7672 "1 LL AL 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 EXHIBIT A Ver_ Date: 02/13/2017 Page 1 of 1 PARCEL 9 -T S.R. 161 / COSGRAY RD. ROUNDABOUT DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADING EASEMENT 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 Jeffrey T. Beckman (hereinafter known as the "Grantor ") by Instrument Number 200606010105995 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 1327.00 feet to a p.k. nail (set) in the centerline of right of way of Cosgray Road, thence, leaving said county line, along said centerline, South 09 degrees 26 minutes 37 seconds East, a distance of 543.36 feet to the southeasterly comer of a tract in the name of Steven R. Kretzer and Patricia L. Kretzer, as recorded in Official Record 24190, Page J -17; thence, leaving said centerline, along the southerly line of said Kretzer tract, South 80 degrees 33 minutes 04 seconds West, a distance of 30.00 feet to a 3/4 inch pipe (found) on the westerly existing right of way line of Cosgray Road; thence, leaving said property line, along said existing right of way line, South 09 degrees 26 minutes 37 seconds East, a distance of 81.99 feet to the Point of Beginning of the easement herein described; thence, clockwise along the following four (4) courses; 1. Thence, continuing along said existing right of way line, South 09 degrees 26 minutes 37 seconds East, a distance of 30.00 feet to a point; 2. Thence, leaving said existing right of way line, across the grantor's tract, South 80 degrees 33 minutes 23 seconds West, a distance of 5.00 feet to a point; 3. Thence, North 09 degrees 26 minutes 37 seconds West, a distance of 30.00 feet to a point; 4. Thence, North 80 degrees 33 minutes 23 seconds East, a distance of 5.00 feet to the Point of Beginning, containing 0.0034 acres, of which the present road occupies 0.0000 acres and is contained within Franklin County Auditor's parcel No. 272- 000301 -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. allan6y, P.S. Surveyor No. 7900 OF GJ STEVEN /Q h L. MULLANEV' is 7900 p i LEGEND: 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 9 -T GPD GROUP® SR 161 /COSGRAY RD. ROUNDABOUT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT OI.v.F. 518' REBAR (FOUND) OP.F- 3/4' PIPE (FOUND) .r.e.s. P.K. NAIL (SET) FULK RD. I O �A al> I I P.O.C. I STA TE OF OHIO 30 0 15 30 FRANKLIN COUNTY "%NWT® WASHINGTON TOWNSHIP I INCH = 30 FT. V.M.S. 6748 N, O STEVEN R. KRETZER AND PATRICIA L. KRETZER 272 - 000326 -00 O.R. 24190, PG. J -17 FY ,= S 80 033'04" x 30.00' 5 09 °2637" E 543.36' tl I N I W (�I � I .IO 1 cn m N � O 1 co w I m I 1 P.O.B. N 8003323'E 9O 5.00' JEFFREY T. BECKMAN 0.0034 ACRES 1 272- 000301 -00 I INST. 2006060101059-95 "9-T 5.00' 1 30.00+ -r LOT 4 FISHEL INDUSTRIAL PARK NO. I THIRD AMENDED SUBDIVISION P.B. 77, PG. 79 /0 THE GEITGEY COMPANY, AN OHIO CORPORATION 272- 000593 -00 O.R. 28321, PG. H -20 sop 11 Cq STEVEN O L. MULLANEY -p� 7�J00 p I w I x m nZ r O n �mm a c�ii Za z O z m�ti v,NmaO -oxa�c rn o m r n doom. � O O -i cCf 2 C fn*t ~ I tn�r -i to n 0 I w I I II I f R/W COSGRAY RD. PERTINENT DOCUMENTS USED: O.R. 28321, PG. H -20, INST. 200606010705995, T. 201517160161901, INST, O.R. 24190, PG. J -17 BASIS OF BEARINGS: BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72" AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT "WE730" BEING N 84 °36'52" W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (2071), LPL,_ „ EXHIBIT A Ver. Date: 02/13/2017 Page I of I PARCEL 12 -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 Jeffrey T. Beckman (hereinafter known as the "Grantor ") by Instrument Number 200611060222669 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 935.32 feet to a point, said point being on 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, said point also being on the westerly line of a tract in the name of Ralph E. Smucker, as recorded in Instrument Number 200406290150741 of Franklin County records; thence, leaving said county line, along said line, South 04 degrees 36 minutes 06 seconds East, a distance of 112.08 feet to a point, passing a 5/8 inch rebar (found) at a distance of 85.08 feet, said point being the southeast comer of said Duroc tract, said point also being the southwest comer of a tract in the name of Jerome I Associates, LTD. An Ohio Limited Liability Company, as described in Instrument Number 201508070109463 in Franklin County records, said point also being on the northerly line of grantor's tract, said corner also being the Point of Beginning of the parcel herein described; thence, clockwise along the following five (5) courses; 1. Thence, along the southerly line of said Jerome tract, North 75 degrees 03 minutes 38 seconds East, a distance of 93.91 feet to a p.k. nail (set) at the northwest comer of a tract in the name of Pinney 7495, LLC, An Ohio Limited Liability Company, as recorded in Instrument Number 201104200052126 of Franklin County records; 2. Thence, along the westerly line of said Pinney tract, South 05 degrees 11 minutes 07 seconds East, a distance of 113.28 feet to a 518 inch by 30 inch rebar (set), with cap stamped "GPD ", passing a 3/4 inch pipe (found) at a distance of 54.12 feet; 3. Thence, leaving the westerly line of said Pinney tract, across the grantor's tract, South 87 degrees 26 minutes 56 seconds West, a distance of 149.64 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 Brian Cunningham and Corin Cunningham, as recorded in Instrument Number 201602120018199 in Franklin County records; 4. Thence, along said property line, North 05 degrees 06 minutes 37 seconds West, a distance of 77.08 feet to a p.k. nail (set), at the northeasterly corner of said Cunningham tract, said point also being on the southerly line of said Duroc tract; 5. Thence, along southerly line of said Duroc tract, North 71 degrees 32 minutes 09 seconds East, a distance of 58,39 feet to the Point of Beginning, containing 0.3304 acres, of which the present road occupies 0.1858 acres, and is contained within Franklin County Auditor's parcel No. 272- 000151 -00. SQLC� The bearings for this description are based on the bearing between Franklin County Engineer's Monument "FRANK72" "WE130" �• kL and Franklin County Geodetic Survey Monument being North 84 degrees 36 minutes 52 seconds West, as measured with GPS methods using Grid North, of the Ohio State Plane CoordinatepF System, South Zone (2011). This description was prepared and reviewed under the supervision of Steven L. Mullaney, Professional (joOlr7 Surveyor No. 7900 from a survey conducted for the City of Dublin, Ohi C7 STEVEN i0 L. X &J2& #7 MULLANEY L. Mu , V.S. Date p 7J00 llane y —_ -- F � D1CrCP.J;= 17.7,V 1'L.:;li:iJ ional Surveyor No. 7900 kjl�C�S O4L Drwi C. RiNcLE, r BY, e403 UA 1uu , 't1►P- � 1.800.955.4731 EXHIBIT B 'www.-bpdgroup.com PARCEL 12 —WD .� GPD GROUP. SR 161 /COSGRAY RD. "'"k..�`evmxA1 '--'- ROUNDABOUT STATE OF OHIO FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. NO. 6748 I I� POINT OF BEGINNING DETAIL L• ¢ FULK RD. t ?.F. ,CQU FRANKLIN COUNTY 87 04949" E �I 935.32' ml tnl O �I KEVIN G. BENNINGTON, MARK A. BRYANT, �:I LARRY D. CLARKE, AND MARC A. PALMER, I SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 271-000074-00 INST. 201511060158372 8INST. 201511160161900 t ?.F i /Ex 0 C R/W S.R. 161 /ix syl /3 BRIAN CUNNINGHAM AND CORIN CUNNINGHAM 272- 000468 -00 INST. 201602120018199 BASIS OF BEARINGS: /Ex LEGEND: P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT . P.K.S. P.K. NAIL (SET) OP.F- 3/4" PIPE (FOUND) • t.P.s. 518" x 30" REBAR (SET) W /CAP STAMPED GPD" O1.PT- 518" REBAR (FOUND) 400 0 20 40 4 �I INCH = 40® RALPH E. SMUCKER 271 - 000020 -00 INST. 200406290150741 S 04 °36'06" E LTD, Y 112.08' S, AN JEROMIMI7 DOpI�p3I0pg46MP AN OHIO 271-0150807p1 , o 5 IN57- n P.O.B. 03138" E J N 7593.9 1' 32'09 5 E v N 718 39' s. N 72° S5 ACRES P R O 1 Q F PINNEY 7495,1LLC, AN OHIO (0' LIMITED LIABILITY COMPANY 271- 000016 -00 m INST. 201104200052126 0.3304 ACRES* 12 -W J1 S 87 026'56" W now I.P.S. 12 JEFFREY T. BECKMAN 272-000151-00 INST. 200611060222669 * 0.1858 ACRES P.R.O. +0.1446 ACRES ADDITIONAL R/W = 0.3304 TOTAL ACRES 0 PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271-000319-00 INST. 201104200052726 BEARINGS ARE BASED ON THE BEARING BETWEEN PERTINENT DOCUMENTS USED. FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72" INST 201511060158372, INST 2'01511160161900 AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT INST 200406290150741, INST 201104200052126 WE130" BEING N 84 °36'52" W, AS MEASURED WITH INST 201602120018199, INST 200611060222669 GPS METHODS USING GRID NORTH, OF THE Ohl OF Oy STATE PLANE COORDINATE SYSTEM, SOUTH Z c.� s7rv�N �O L IL r ul_I�,fa-Y ,l EXHIBIT A Ver. Date: 02/13/2017 Page 1 of I PARCEL 12 -T S.R. 161 / COSGRAY RD. ROUNDABOUT DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADING EASEMENT 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 Jeffrey T. Beckman (hereinafter known as the "Grantor ") by Instrument Number 200611060222669 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 ofFulk Road; thence, leaving said comity line, along said V.M.S. line, South 05 degrees 38 minutes 18 seconds East, a distance of 419.98 feet to a p.k. nail (found) on the centerline of right of way of State Route 161; thence, leaving said V.M_S. line, along said centerline, Northeasterly, an arc distance of 359.98 feet, along the are of a curve deflecting to the left, having a central angle of 05 degrees 23 minutes 59 seconds, a radius of 3819.72 feet, and a chord that bears North 76 degrees 08 minutes 38 seconds East, a chord distance of 359.85 feet to the southwest comer of a tract in the name of Robert E. Williams, II, as recorded in Instrument Number 2006071 10134578 of Franklin County records; thence, leaving said centerline of right of way, along the southerly line of said Williams tract, North 71 degrees 32 minutes 09 seconds East, a distance of 524.63 feet to the grantor's northwest comer and the northeasterly corner of a tract in the name of Brian Cunningham and Corin Cunningham, as recorded in Instrument Number 201602120018199 of Franklin County records, said comer being in the southerly 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 (passing over the southeasterly corner of said Williams tract at a distance of 251.13 feet); thence, leaving the southerly line of said Bennington tract., along the easterly line of said Cunningham tract, South 05 degrees 06 minutes 37 seconds East, a distance of 7'7.08', to the Point of Beginning of the easement herein described, passing a 3/4 inch pipe (found) at a distance of 54.10 feet; thence, clockwise along the following four (4) courses; 1. Thence, leaving the easterly line of said Cunningham tract, North 87 degrees 26 minutes 56 seconds East, a distance of 149.64 feet to a 5/8 inch by 30 inch rebar (set), with cap stamped "GPD ", on the westerly line of a tract in the name of Pinney 7495, LLC, An Ohio Limited Liability Company, as recorded in Instrument Number 201104200052126 of Franklin County records; 2. Thence, along the westerly line of said Pinney tract, South 05 degrees 11 minutes 07 seconds East, a distance of 5.11 feet to a point; 3. Thence, leaving said property line, across the grantor's tract, South 88 degrees 25 minutes 10 seconds West, a distance of 149.79 feet to a point on the easterly line of said Cunningham tract; 4. Thence, along said property line, North 05 degrees 06 minutes 37 seconds West, a distance of 2.57 feet to the Point of Beginning, containing 0.0132 acres, of which the present road occupies 0,0000 acres, and is contained within Franklin County Auditor's parcel No. 272- 000151 -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 July, 2016. purveyor tvo. �EOfiti o CO STFVEr1 �C\ !r t� MULLANEY -* 6. 7900 ,O i 1.800.955.4731 www.gpdgroup.com GPD GROUP. EXHIBIT B PARCEL 12 -T SR 161 /COSGRAY RD. ROUNDABOUT STATE OF OHIO FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. NO. 6748 PERTINENT DOCUMENTS USED: INST 201511060158372, INST 201511160161900 INST 200406290150741, INST 201104200052726 INST 207602120018799, INST 200611060222669 O KEVIN G. BENNINGTON, MARK A. BRYANT, LARRY D. CLARKE, AND MARC A. PALMER, SUCCESSOR CO- TRUSTEES OF THE DUROC TRUST 271-000014-00 INST. 201511060158372 & INST. 201511160161900 -- N 71032'09' E 524.63' (SEE DETAIL Ex SH � o o_ o l� v r o- 1 / 0 0 f R/W S.R. 161 /Ex 73 BRIAN CUNNINGHAM AND CORIN CUNNINGHAM 272- 000468 -00 INST. 201602120018199 LP BASIS OF BEARINGS: LEGEND: P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT •P.K.S. P.K. NAIL (SET) OP.F. 314' PIPE (FOUND) • I.P.S. 518"x 30" RE8AR (SET) W/C'AP STAMPED "GPD" OI.P.F. 518' REBAR (FOUND) 40 0 20 40 n"J INCH = 40 FT. RALPH E. SMUCKER 271 - 000020 -00 INST. 200406290150741 4TES, OMPANY JEROLIMITEO p1p03 p094 -3 , AN OHIO 2711-01608p7010 O INST' 2 y S. �%/ �j 11 . -g3 yi 'p32 9 l M� — N�E / / 5•R• i% SH/ Elk / 0.0132 ACRES FrF. 12 -T 2.57' 5.11' 12 JEFFREY T. BECKMAN 272- 000151 -00 INST. 200611060222669 / !1 PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271- 000018 -00 INST. 201104200052126 I.P.S. /1 PINNEY 7495, LLC, AN OHIO LIMITED LIABILITY COMPANY 271-000379-00 INST. 201104200052726 III I• FOLK RD. I POINT OF BEGINNING DETAIL y rn P.O.C. UNION I.P.F. F UNIRANKLIN COUNTY 419.98' �y S 05 °38'18" E l BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72" AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT "WE130" BEING N 84 °3652° W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE OF o Cry STEVEN O L IULLANEY -a. 7000 .O •�1� 2 1 114 DA S.W. CORNER OF- mll INST. 2006071101345 78 �I �I 257 �1 P.K.S. .K.F: N 77 °32'09" E 524.63' A= 05 °2359' LT. J (SEE PLAT) R = 3819.72' L = 359.98' Ch Brg = N 76 °08'38 'E Ch Dist = 359.85' GPO s