Ordinance 066-17Dayton Legal Blank, Inc.
66-17
Ordinance No.
RECORD OF ORDINANCES
Form No. 30043
Passed .20.
AN ORDINANCE TO APPROPRIATE A 0.2336 -ACRE FEE
SIMPLE RIGHT-OF-WAY AND A 0.0141 -ACRE TEMPORARY
CONSTRUCTION EASEMENT FROM BRIAN CUNNINGHAM
AND CORIN CUNNINGHAM, LOCATED AT 7515 PLAIN CITY
ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING
ROADWAY IMPROVEMENTS.
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 fee simple right-of-way and a
temporary construction easement from Brian Cunningham and Corin Cunningham, as
described in the attached Exhibits A and depicted in the attached Exhibits B.
NOW, THEREFORE, BE IT ORDAINED by the Coil 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 $34,818.00, for the public purpose of
constructing roadway improvements to be open to the public without charge, a 0.2336 -
acre fee simple right-of-way and a 0.0141 -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 I-aw, 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�e shall take effect in accordance with 4.04(b) of the Dublin
Revised Charter. / i
kssehis
F
Mayor — P si
t
a
ATTEST-
;
Clerk of Council
day of Q����IJz�/!� , 2017.
6 Officer
viTice of the Cl*ty Manager
C 'Ityof 'ubl'*n 5200 Emerald Parkway * Dublin, OH 43017-109*
it IJ I Phone.- 614-410-4400 * Fax-, 614-410-4490
To: Members of Dublin City Council
Dana L. McDaniel, City Mana
Date.,s September 18, 2017
Ini"U'ated By: Paul A. Hammersmith., PE,, Director of Engineering/City Engineer
Michael S. Sweder, PE, Civil Engineer II
Philip K. Hartmann, Assistant Law Director
M
The City is hopeful an amicable resolution may be reached with the property owners and their
mortgage holder; however, this Ordinance authorizes the City Law Director"s Office to file
eminent domain actions in the event that negotiations are unsuccessful. The Ordinance also
authorizes the City to enter into a reasonable administrative settlement in the best interest of
the City without further legislation.
The property acquisition consists of a 0.2336 -acre fee simple right-of-way, and a 0.0141 -acre
temporary construction easement from the property located at 7515 Plain City Road, which was
appraised at $34,818.00.
Staff recommends approval of Ordinance No. 66-17 to allow this Project to keep moving
forward.
EXHIBIT A
Ver. Date: 02/23/2017 Page I of 1
PARCEL 13 -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 Brian Cunningham and Corin Cunningham (hereinafter known as the "Grantor") by
Instrument Number 201602120018199 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 county line,
along said V.M.S. line, South 05 degrees 38 minutes 18 seconds East, a distance of 4119.98 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 38119.72 feet, and a
chord that bears North 76 degrees 08 minutes 38 seconds East, a chord distance of '359.85 feet to the
southwest corner of a tract in the name of Robert E. Williams, II, as recorded in Instrument Number
200607110134578 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 360.03
feet to the northeasterly corner of a tract in the name of the City of Dublin, an Ohio Municipal
Corporation, as recorded in Instrument Number 201002100016822 of Franklin County records, said
corner 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
Instmment Number 201511060158372 of Franklin County Records and Instrument Number
201511160161900 of Franklin County Records, said comer also being the Point of Beginning of the
parcel herein described, passing the southeasterly corner of said Williams tract at a distance of 251.13 feet;
thence, clockwise along the following four (4) courses;
b- ((Dq-A I. Thence, along the southerly line of said Bennington tract, North 71 degrees 32 minutes 09
�L tT seconds East, a distance of 164.60 feet to a p.k. nail (set) at the northwesterly corner of a tract in
G.233��1� the name of Jeffrey T. Beckman, as recorded in Instrument Number 200611060222669 of
. (� Franklin County Records;
�L-7 L 2. Thence, along the westerly line of said Beckman tract, South 05 degrees 06 minutes 37 seconds
�(6 East, a distance of 77.08 feet to a 5/8 inch by 30 inch rebar (set), with a cap stamped "GPD",
ggg passing a 3/4 inch pipe (found) on the southerly existing right of way line of State Route 161 at
a distance of 54.10 feet;
a3. Thence, leaving said property line, across the grantor's tract, South 80 degrees 59 minutes 14
I- seconds West, a distance of 160.45 feet to a 3/4 inch pipe (found) on the easterly line of said City
Z a0 of Dublin tract, said pipe also being on the southerly existing right of way line of State Route
U �} 161;
U �1
z 4. Thence, leaving said existing right of way line, along said property line, North 05 degrees 11
minutes 46 seconds West, a distance of 49.99 feet to the Point of Beginning, containing 0.2336
A< acres, of which the present road occupies 0.1913 acres, and is contained within Franklin County
Q Auditor's parcel No. 272-000468-00.
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 us}n r�T+�Iot f the Ohio State
Plane Coordinate System, South Zone (2011). . g tie -
This description was prepared and reviewed under the supervisio eATLLY�ilNAL)yy;
Surve or No. 7900 from a survey conducted for the City of Dublin, hi in JulyL2016.
MUL�ANEy
2 23 17 P� 7900 �p
eve L. M laney,P.S. Date �n G/ST;F /
Professional Surveyor No. 7900 �/� 0 /
1,800.955.4731 EXHIBIT B
www.gpdgroup.com
GPD GROUP® PARCEL 13 -WD
SR 161/COSGRAY RD. ROUNDABOUT
STATE OF OHIO
FRANKLIN COUNTY
WASHINGTON TOWNSHIP
V.M.S. NO. 6748
O
KEVIN G. BENNINGTON,
MARK A. BRYANT,
LARRY D. CLARKE,
AND MARC A. PALMER,
SUCCESSOR CO -TRUSTEES
OF THE DUROC TRUST
271-000011-00
INST. 201577060158372
& INST. 201511160167900
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
30 0 15 30
1 INCH = 30 FT.
N
& INST. 201571160761900
EX SN
09" E
360.03' j1o3z O9w E
(SEE DETAIL) N /
0.2336 ACRES*
NC R/W S.R. 161
P.O.B.
(SEE DETAIL) /ER
411 4
9.990 1913 ACRES P� 160.45'
80°59'14
0.1913 ACRES P.R.O.
+0.0423 ACRES ADDITIONAL R/W
=0.2336 TOTAL ACRES
PERTINENT DOCUMENTS USED:
LEGEND:
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
. PA.s.
P.K. NAIL (SET)
OP.F.
3/4'" PIPE (FOUND)
•i.P.s.
518'X 30"REBAR (SET)
W/CAP STAMPED "GPD"
OLPT
5/6" REBAR (FOUND) /
P.O.C.
13
BRIAN CUNNINGHAM
AND CORIN CUNNINGHAM
272-000468-00
INST. 201602120018199
INST. 201002100016822, INST. 201602120018199,
INST. 200611060222669, INST. 20 15110 60 1583 72,
INST. 201571760761900
PA
P-00
BASIS OF BEARINGS:
Q
BEARINGS ARE BASED ON THE BEARING BETWEENI`O
¢ FULK RD.
POINT OF BEGINN;!NG DETAIL
FRANKLIN COUNTY ENGINEERS MONUMENT 'FRANK72"
I`^.
AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT
P.O.C.
"WE130"BEING N 84.3652" W, AS MEASURED WITH GPS
METHODS USING GRID NORTH, OF THE OHIO STATE
UNION COUNTY
PLANE COORDINATE SYSTEM, SOUTH ZONE (2011).
IPF
FRANKLIN COUNTY
5 05°38'18"
E I
�y
S.W. CORNER OF
P.
[PO. B.]
419'88'
�I
INST. 20,9607110134578
OF
ml
PSE
Co STEVEN �O
�I
251't
L•
I
R I
N 71 °32'09" E
MULLANEY
350.03'
.p 7PJ00
P'K'F' A = 3819.72' LT.
R = 3819.72'
L = 359.98'
/
_
` E-- Oo
\
Ch Brg m, N 76°08'38''
V G
Ch Dist = 359.85'
EXHIBIT A
Ver. Date: 02/13/2017 Page I of I
PARCEL 13-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 Brian Cunningham and Corin Cunningham (hereinafter known as the "Grantor") by
Instrument Number 201602120018199 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 county 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 arc 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
corner of a tract in the name of Robert E. Williams, II, as recorded in Instrument Number
200607110134578 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 360.03
feet to the grantor's northwesterly comer and the northeasterly corner of a tract in the name of the City of
Dublin, an Ohio Municipal Corporation, as recorded in Instrument Number 201002100016822 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 Dome
Trust, as recorded in Instrument Number 201511060158372 of Franklin County Records and Instrument
Number 201511160161900 of Franklin County records, passing over the southeasterly comer of said
Williams tract at a distance of 251.13 feet, thence, along the easterly line of said City of Dublin tract,
South 5 degrees l 1 minutes 46 seconds East, a distance of 49.99' to a 3/4 inch pipe (found) on the
southerly existing right of way line of State Route 161 and the Point of Beginning of the easement herein
described; thence, clockwise along the following four (4) courses;
1. Thence, leaving the easterly line of said City of Dublin tract, North 80 degrees 59 minutes 14
seconds East, a distance of 160.45 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 Jeffrey T. Beckman, as recorded in
Instrument Number 200611060222669 of Franklin County records;
2. Thence, along the westerly line of said Beckman tract, South 05 degrees 06 minutes 37 seconds
East, a distance of 2.57 feet to a point;
3. Thence, leaving said property line, across the grantor's tract, South 80 degrees 05 minutes 00
seconds West, a distance of 160.63 feet to a point on the grantor's westerly property line and the
easterly line of said City of Dublin tract;
4. Thence, along said property line, North 05 degrees 11 minutes 46 seconds West, a distance of
5.11 feet to the Point of Beginning, containing 0.0141 acres, of which the present road occupies
0.000 acres, and is contained within Franklin County Auditor's parcel No. 272-000468-00.
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
oFoh�
UjP STEVEN �\
L.
1,AULlANEY
\`���VE lei
1.800.955.4731 EXHIBIT B
www.gpdgroup.com ®�PARCEL 13-T � GPD GROUP. SR 161/COSGRAY RD. ROUNDABOUT
i
N 71032'09" E " E
360.03' N 11,32'09
(SEE DETAIL) /
51,
r / 0.0141 ACRES
`f R/W S.R. 161
'SN
a Ex
P.F.'
SEE DETAIL) �•
14" E 160.45 M'
R/
160.63'
SN °05'00" W
8
BASIS OF BEARINGS:
5.11' 13
BRIAN CUNNINGHAM
AND CORIN CUNNINGHAM
272-000468-00
INST. 201602120018199
PERTINENT DOCUMENTS USED:
INST. 201002100016822, INST. 201502120018199,
INST. 200611060222669, INST. 2015110 6 01583 72,
INST. 201511160151900
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 (2011).
z /2
z m
~NTI
J NONE
rno-+
-o•
O NOS
� O Z
O
O �
STATE OF OHIO
h
E FULK RD. i
POINT OF BEGINNLVG DETAIL
3�0
15 0
UNION COUNTY
FRANKLIN COUNTY
FRANKLIN COUNTY
S 05038'18" E I
�y
EASEMENT AREA
419.98'
-'H
S.W. CORNER OF
49.99'
WASHINGTON TOWNSHIP
P.K.S.
1 INCH = 30 FT.
V.M.S. NO. 6748
LEGEND:
P.O.B.
POINT OF BEGINNING
O
P.O.C.
°P.Ks.
POINT OF COMMENCEMENT
P.K. NAIL (SET)
KEVIN G. BENNINGTON,
9P.F.
314" PIPE (FOUND)
l3
MARK A. BRYANT,
Ot.P.s.
5/8" x 30" REBAR (SET)
O
LARRY D. CLARKE,
W/CAP STAMPED "GPD"
AND MARC A. PALMER,
KEVIN G. BENNINGTON,
SUCCESSOR CO -TRUSTEES
MARK A. BRYANT,
OF THE DUROC TRUST
/
LARRY D. CLARKE,
271-000014-00
AND MARC A. PALMER,
INST. 201511060158372
SUCCESSOR CO -TRUSTEES
& INST. 201511160161900
/
OF THE DUROC TRUST
511
271-0000/1-00
EX
INST. 201511060158372
& INST. 201511160161900
/
/
i
N 71032'09" E " E
360.03' N 11,32'09
(SEE DETAIL) /
51,
r / 0.0141 ACRES
`f R/W S.R. 161
'SN
a Ex
P.F.'
SEE DETAIL) �•
14" E 160.45 M'
R/
160.63'
SN °05'00" W
8
BASIS OF BEARINGS:
5.11' 13
BRIAN CUNNINGHAM
AND CORIN CUNNINGHAM
272-000468-00
INST. 201602120018199
PERTINENT DOCUMENTS USED:
INST. 201002100016822, INST. 201502120018199,
INST. 200611060222669, INST. 2015110 6 01583 72,
INST. 201511160151900
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 (2011).
z /2
z m
~NTI
J NONE
rno-+
-o•
O NOS
� O Z
O
O �
/ E OF Oy 'll
Gj STEVEN �O P_K.F. N 7r°360.03'
G = 05°2359" LT.
1. MULLF.NEY R = 3819.72'
L = 359.98'
-fr 1900 �Q Ch Big = N 76°08'38" E
L131 cZ 2 Ch Dist = 359.85'
h
E FULK RD. i
POINT OF BEGINNLVG DETAIL
O.C.
�4P.
UNION COUNTY
FRANKLIN COUNTY
S 05038'18" E I
�y
P.O.B.
P.O.B.
419.98'
-'H
S.W. CORNER OF
49.99'
CI
P.K.S.
/ E OF Oy 'll
Gj STEVEN �O P_K.F. N 7r°360.03'
G = 05°2359" LT.
1. MULLF.NEY R = 3819.72'
L = 359.98'
-fr 1900 �Q Ch Big = N 76°08'38" E
L131 cZ 2 Ch Dist = 359.85'
Ci of Dublin
OHIO, OSA
16-020-CIP
SR 161 / Cosgray Road Roundabout
Property Acquisition Map
0 125 250 500
Feet