Loading...
Ordinance 054-17Dayton Legal Blank, Inc. Ordinance No. 54 -17 RECORD OF ORDINANCES Passed 2 AN ORDINANCE TO APPROPRIATE A 0.0121 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM THE GEITGEN COMPANY, LOCATED AT 7600 FISHEL DRIVE, FOR THE PUBLIC PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS. Form No. 30043 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 The Geitgey Company, as described in the attached Exhibit A and depicted in the attached Exhibit 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 $360, for the public purpose of constructing roadway improvements to be open to the public without charge, a 0.0121 -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. 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. ii� Pas this �" y of , 2017. M yor — Pr iding Officer A4EST: Clerk of Council Resolution 54-17 Office of the C'I'ty Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 rnane: ACM MIQ111a To: Members of Dublin City Council V- From: Dana L. McDaniel, City Manager S Initiated By: Paul A. Hammersmith, Director of Engineering Michael S. Sweder,, PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director Date., August 10, 2011 Re: S.R. 161 & Cosgray Road Intersection Improvement Project Ordinances to Appropriate - Nos. 54-17 through 58-17 The Project 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 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 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 jio resolution f o r Jerome I Associates LTD. because the City has a prelimijiary agreen etit with this property owner for the donation of the necessary property hiterests. 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 r. Ord. 54-17 through 58-17 Augus 0, 2017 Page The Law Department recommends approval of Ordinance Nos. 54-17 through 58-17 at the August 28 meeting as 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 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 I PARCEL 10 -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 Lot 4 of Fishel Industrial Park No. 1, as recorded in Plat Book 77, Page 79, said Lot 4 being in the name of The Geitgey Company, an Ohio Corporation (hereinafter known as the "Grantor ") by Official Record 28321, Page H -20 of Franklin County records. Commencing, for reference, at a 5/8 inch rebar (found), at a southeasterly comer of said Lot 4, said corner being on the westerly existing right of way line of Cosgray Road; thence, along said existing right of way line and the easterly line of said Lot 4, North 09 degrees 26 minutes 37 seconds West, a distance of 30.12 feet to the Point of Beginning of the easement herein described; thence, clockwise along the following four (4) courses; 1. Thence, leaving said existing right of way line, through said Lot 4, North 15 degrees 09 minutes 15 seconds West, a distance of 50.25 feet to a point; 2. Thence, continuing through said Lot 4, North 09 degrees 26 minutes 37 seconds West, a distance of 50.00 feet to a point; 3. Thence, continuing through said Lot 4, North 04 degrees 40 minutes 48 seconds West, a distance of 60.21 feet to a point on the westerly existing right of way line of Cosgray Road and the easterly line of said Lot 4; 4. Thence, along said existing right of way and the easterly line of said Lot 4, South 09 degrees 26 minutes 37 seconds East, a distance of 160.00 feet to the Point of Beginning, containing 0.0121 acres, of which the present road occupies 0.0000 acres and is contained within Franklin County Auditor's parcel No. 272 - 000593 -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. Surveyor No. 7900 ���E o� Qy\ 17 G� OF O L. MULLANEY p_ 7900 > 1.800.955.4731 EXHIBIT B www.gpdgroup.com P PARCEL 10 -T GPD GROUwM...w SR 161 /COSGRAY RD. ROUNDABOUT LOT I 0 STA TE OF OHIO FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. 6748 I 50 0 25 50 I INCH = 50 FT. ¢ R/W COSGRAY RD. I I � I x � I O N Z N m N 0404048' W w w O l0 60.27' m I N THE GEITGEY COMPANY, AN OHIO CORPORATION N 272 - 000593 -00 a O.R. 28321, PG. H -20 N 09 °26'37" W 50.00' m I I LOT 4 0.0121 ACRES ~ _ 0 FISHEL INDUSTRIAL PARK NO. I 10 -T o THIRD AMENDED SUBDIVISION N l5 °09'15" W I P.B. 77, PG. 79 50.25' P.O.B. I N 09 °2637" W I LEGEND: 30.12' I.P.F. I P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT OLPY 5 18 'REBAR (FOUND) a x3 P.O.C. I � -II � 60' EL URIV64, 11 _ p.13. Il I x m n z nc nA• �mm a 2 C Z ? � O � �nNmnO —o my�c 0 °03' a,ocm O A Zl m o � < cZ anti lCnNr -+inn O A 0 : Ln w I PERTINENT DOCUMENTS USED: P.B. 77, PG. 79 G �` OF O O.R. 28321, PG. H -20 BASIS OF BEARINGS: G� STEVEN BEARINGS ARE BASED ON THE BEARING BETWEEN L FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANK72" MULLANEY AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT 7900 WE130" BEING N 84 °3652" W, AS MEASURED WITH GPS 'A D METHODS USING GRID NORTH, OF THE OHIO STATE \� FG/g Ft� PLANE COORDINATE SYSTEM, :SOUTH ZONE (2011). \Uh`VE�O4- i-