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Ordinance 029-18Dayton Legal Blank, Inc. Ordinance No. 29-18 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY [MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.179 -ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS, AND A 0.067 -ACRE STORM WATER AND DRAINAGE EASEMENT FROM SABRA L. MINYARD AND WILLIAM MINYARD, LOCATED AT 8698 HYLAND-CROY ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE. WHEREAS, the City of Dublin (the "City's is preparing to construct the Hyland -Croy Road and Riviera Connector Project (the ��Project, and WHEREAS, the Project requires that the City obtain a fee simple warranty deed, without limitation of existing access rights, and a storm water and drainage easement from the parcel identified as Union County parcel number 17®02.40380000, owned by Sabra L. Minyard and William Minyard (the "Grantors', as described in the attached Exhibits A and depicted in the attached Exhibits Be and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interests for the sum of $4,000, which is slightly greater than the appraised value of $3,825; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transaction between the City and the Grantor. 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 and accept all necessary conveyance documents to acquire a 0.179 -acre fee simple warranty deed for right-of-way, without limitation of existing access rights; and a 0.067 -acre storm water and drainage easement from Sabra L. Minyard and William Minyard, for $4,000.00, said property interest located within the parcel identified as Union County parcel nuffiber 1700240380000, 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 without further legislation being required. Section 3. This Ordinance shall take effect in accordance with /1.04(b) of the Dublin Revised Charter. Pas�this,2-.qa d y of 12018. I Mayor — PresidingCfR'cer ATTEST: Clerk of Council J)Uf)1111 C11y0� Office of the City Manager 5200 Emerald Parkway* Dublin, OH 43017-10 it Phone: 614-410-4400 * Fax: 614-410-4490 To: Members of Dublin City Council A i� .010 V. From:s Dana L. McDaniel, City Mana 3 Date,us April 5, 2018 Ordinance 29-18 Initiated By,: Paul A. Hammersmith, P.E.,, Director of Engineering / City Engineer Michael S. Sweder, P.E., Civil Engineer II Phillip K. Hartmann, Assistant Law Director Re,v Ordinance Nos, 29-18, 30-18 Acquisition of Right -of -Way and Easements Hyland -Croy Road / Riviera Connector (17-016-CIP) .0 The City of Dublin ("City") intends to construct the Hyland -Croy Road / Riviera Connector (the ""Project'), which is a new public roadway connecting the Riviera neighborhood with Hyland -Croy Road. In the 2018-2022 Capital Improvements Program (CIP), site acquisition was programmed in 2017 and utility relocation, construction and landscape programmed in 2018. The Project requires the acquisition of property interests from multiple property owners on Hyland - Croy Road and the developer of Riviera. The City participated in good faith discussions with all property owners and has come to mutually agreeable terms with three of the owners either to purchase the required interests for the amount indicated or to donate the property Interest to the City at no cost. The remaining properties involved with the project, regarding which staff has been unable tt negotiate successfully, will involve separate legislation to appropriate the necessary property r�ghts,,. The property acquisitions consist of the following property interests from each of the named property owners, as depicted in the maps attached hereto: Memo re. Ordinances 29-18 through 31-18 — Acquisition of Right -of -Way and Easements — Hyland -Croy Road / Riviera Connector -016- IP April 5, 2018 Page 2 of 2 ty ':'r Pro el owne re, sts rop-P :3 bb� ani d' it r; P D d _j arc II S t i"Acqltxl 1 10" ice Ac Num r Sabra L. Minyard 0.197 acres R/W including William Minyard 0.134 acres P.R.O. 1700240380000 $4,000 (8698 Hyland -Croy Rd) 0.067 acre storm water and drainage easement E. Elaine T. Horr, 0,028 acres R/W including P.R.O. Trustee 0.021 acres 3900240560000 $350 (8668 Hyland -Croy Rd) 0.010 acre storm water and drainage easement Riviera Ventures, 0.198 acre utility & grading 3900240340020 Donated LLC easement The acquisitions consist of fee simple interest, without limitation of existing access rights. Th,# details regarding each property acquisition is as follows. - Sabra L Minyard & Wflfiam M'Inyard: The City participated in good faith discussions with Sabra L. Minyard & William Minyard. The property is located north of the proposed intersection at 8698 Hyland -Croy Road, Plain City, Ohio 43064. The parties have come to mutually agreeable terms for the acquisition of the property interest from Sabra L. Minyard & William Minyard for $4,000, which is 4.6% above the appraised value of $3,825. E. Elaine T. Horr,, Trustee: The City participated in good faith discussions with E. Elaine T. Horr, Trustee. The property is located north of the proposed intersection at 8668 Hyland -Croy Road, Plain City, Ohio 43064. The parties have come to mutually agreeable terms for the acquisition of the property interest from E. Elaine T. Florr, Trustee for $350, which is the appraised value. Riviera Ventures, LLC, The City participated in good faith discussions with Riviera Ventures, LLC and requested a donation of the property. The property is located northwest of the Dublin City School District property and along the south side of the proposed road. The parties have come to mutually agreeable terms for the donation of the property interests from Riviera Ventures, LLC. These Ordinances authorize the City Manager to execute all necessary conveyance documents to formally acquire the necessary property interest from each property owner, Staff recommends adoption of Ordinances Nos. 29-18, 30-18 & 31-18 at the second reading/public hearing on April 23, 2018, authorizing the City Manager to execute all necessary conveyance documents and formally accept the necessary property interests described above. City of Dublin OHIO, USA 17-015-C I P Hyland -Croy Road / Riviera Connector (Cacchio Lane) 125 250 500 Feet PARCEL 2-S (MINYARD) HYLAND-CROY ROAD & RIVIERA CONNECTOR DESCRIPTION OF A STORMWATER AND DRAINAGE EASEMENT DUBLIN, OHIO Situated in the State of Ohio, County of Union, Township of Jerome and City of Dublin, Township of Washington (of Franklin County), being located in Virginia Military Survey No. 2925, being part of that 2.009 -acre tract as described in a deed to Sabral L. Minyard and William Minyard of record in Official Record 69, Page 189, all references herein being to the records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Beginning FOR REFERENCE in the centerline of Hyland -Croy Road at the northwesterly corner of said 2.009 acre tract and the southwesterly corner of that of that 1.293 -acre tract as described in a deed to Darshan Shah, of record in histrument No. 201801300000770; thence North 82°43'50" East, along the northerly line of said 2.009 acre tract and the southerly line of said 1.293 -acre tract, a distance of 40.15 feet to the TRUE PLACE OF BEGINNING: Thence North 82°43'50 East, along said northerly and southerly lines, a distance of 15.06 feet to a point; Thence South 12°12'35" East, though said 2.009 acre tract, a distance of 195.00 feet to a point in the southerly line of said 2.009 -acre tract and the northerly line of that 1.500 -acre tract as described in a deed to Elaine T. Horr Trustees, of record in Official Record 816, Page 734. Thence South 82°43'50" West, along said northerly and southerly lines, a distance of 15.06 feet to a point; Thence North 12°12'35" West, though said 2.009 acre tract, a distance of 195.00 feet to the TRUE PLACE OF BEGINNING and containing 0.067 -acre of land. Bearings herein are based on a field traverse originating from Franklin County Engineer survey of FCGS monuments "Frank 72" and "Frank 172", establishing a bearing of North 12°12'35" West for Hyland -Croy Road and are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011 adjustment). This description was prepared by IBI Group Survey, Westerville, Ohio IBI Group Survey Weste ille, Ohio I By 2 id L. Chiesa date Registered Surveyor No. 7740 I DAA L. yrs' ®NAL JA110135_dublin_hyland\5.9 Drawings\baseinfo\survey\DESCRIPTIONS\MINYARD U EASEMENT.docx 11 , 1 REFERENCE L1 POINT 1 1� L5— 1 1 04 TARTAN WEST SECTION 5 P.B. 5, PG. 198 RESERVE "Q" TRUE PLACE OF BEGINNING PARCEL 2—S 0.067 ACRE_ 1 1 1 1 v—L3 1 1 1 1 1 1 1 1 ` Y 1 U1� >1 THE CITY OF DUBLIN O O.R. 495, PG. 394 Q o 0.240 ACRE J 1 Line Table Line k Length Direction 1_1 40.15' N82'43'50"E 1_2 15.06' N82'43'50"E 1_3 195.00' S12*12'35"E 1_4 15.06' 582'43'50"W L5 1 195.00' 1 N12'12'35"W 1 DARSHAN SHAH I.N. 201801300000770 1.293 ACRES PARCEL 2 SABRA L. MINYARD & WILLIAM MINYARD O.R. 69, PG. 189 2.009 ACRES P.N. 1700240380000 3 ELAINE T. HORR TR. O.R. 816, PG. 734 1.500 ACRES 4 NOMAN I. MALIK & JOSEPHINE SAMINA MALIK, TR. I.N. 201703230002416 8.000 ACRES PURE RIGHT—OF—`NAY LINE PG. 559 5.784 ACRES BARBARA STROBLE & LANEY STROBLE 0'R 1015, BEARING REFERENCE BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE ORIGINATING FROM FRANKLIN COUNTY ENGINEER SURVEY OF O°°0°F �# 000000 FCGS MONUMENTS "FRANK 72" AND "FRANK 172", ESTABLISHING p0 A BEARING OF NORTH 12'12'35" WEST FOR HYLAND—CROY ROAD Gj....y;ro, AND ARE BASED ON THE OHIO STATE PLANE COORDINATE DAVID SYSTEM, SOUTH ZONE, NAD83 (2011 ADJUSTMENT). L. >r CHIESA * o p 7740 oa• •°F�isTE�: °oo < 0000000 °p0� o°o o °O°�pO°°°° EGISTERED SURVEYOR NO. DATE co o 0m 3 0 z O D G M z mM z r jM=nrno� 'a > n p G O O r Z O m O p z 0 N�O�D1 Z]Z� z �rcxz0I'1'7 70 :9 " o ma --1 O 3' a zcz - p z p z o 0 < O N z fp D Z N p �^ I PARCEL 2 -WD (MINYARD) HYLAND-CROY ROAD & RIVIERA CONNECTOR DESCRIPTION OF 0.179 ACRE - RIGHT-OF-WAY 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 Union, Township of Jerome and City of Dublin, Township of Washington (of Franklin County), being located in Virginia Military Survey No. 2925, being part of that 2.009 -acre tract as described in a deed to Sabra L. Minyard and William Minyard of record in Official Record 69, Page 189; all references herein being to the records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Beginning FOR REFERENCE at a Mag Nail found at the centerline intersection of Hyland -Croy Road (width varies) with Celtic Crossing Drive (50 feet in width); thence North 12°12'35" West, along the centerline of Hyland -Croy Road, a distance of 742.18 feet to a Mag Nail set at the southwesterly corner of said 2.009 -acre tract and the northwesterly corner of that 1.500 -acre tract as described in a deed to Elaine T. Horr, Trustee, of record in Official Record 816, Page 734, at the TRUE PLACE OF BEGINNING: Thence North 12°12'35" West, continuing along said centerline, a distance of 195.00 feet to a Mag Nail set at the northwesterly corner of said 2.009 -acre tract and the southwesterly corner of that 1.293 - acre tract a described in a deed to Katina Spanos, of record in Official Record 235, Page 122; Thence North 82°43'50" East, along the northerly line of said 2.009 -acre tract and the southerly line of said 1.293 acre tract, a distance of 40.15 feet to an iron pin set; Thence South 12°12'35" East, through said 2.009 -acre tract with a new division line, a distance of 195.00 feet to an iron pin set in the southerly line of said 2.009 -acre tract and the northerly line of said 1.500 acre tract; Thence South 82°43'50" West, along said northerly and southerly lines, passing a 1 inch pipe at a distance of 10.04 feet, a total distance of 40.15 feet to the TRUE PLACE OF BEGINNING and containing 0.179 -acre of land, 0.134 -acre being within the existing right-of-way of Hyland -Croy Road. Bearings herein are based on a field traverse originating from Franklin County Engineer survey of FOGS monuments "Frank 72" and "Frank 172", establishing a bearing of North 12°12'35" West for Hyland -Croy Road and are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011 adjustment). Irons pins set consist of a %-inch rebar, 30 inches long with an orange plastic cap stamped "IBI Group, S -6872/S-7740". This description was prepared by IBI Group Survey, Westerville, Ohio, and is based on an actual field survey of the premises performed in summer of 2017. WME1 "am 9-1 L IBI Group Survey Westerville, Ohio �7 By / 25 1c5 L. hiesa date Registered Surveyor No. 7740 JA110135_dublin_hyland\5.9 Drawings\baseinfo\su"e}4DESCRIPTIONS\MINYARD WD.docx 0 Wo �, TARTAN WEST SECTION 5 P.B. 5, PG. 198-200 �, , RESERVE "Q" SCOTT D. HARPSTER I.N. 201512180010379 1.831 ACRES OF BEGINNING' S82'43'50"W 40.15' THE CITY OF DUBLIN, O.R. 495, PG. 394 0.240 ACRE N82043'50"E 40.15' 1 KATINA SPANOS O.R. 235, PG. 122 1.293 ACRES P.N. 1700240380000 ,0.179 AC. (TOTAL) —0.134 AC. (PRO) 0.045 AC. (NET) 2—WD SABRA L. MINYARD & WILLIAM MINYARD O.R. 69, PG. 189 2.009 ACRES � 1"PIPE /\ O NOM AN I. MALIK & 1"PIPE JOSEPHINE SAMINA MALIK, TRUSTEES I.N. 201703230002416 ; 8.000 ACRES M p WAY LINE N cv FUTURE RIGHT-OF r a 3 Z�gIR08LE O.R. 1015, G. 559 5.784 ACRES BARBARA STROBLE & LANEY CELTIC CROSSING P.B. 5, PG. 357, A. B, C RESERVE "A" , REFERENCE — c �R0s G POINT CES 0R � g0 RESERVE "B" 1 FLOOD NOTE THE AREA SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP No. 39049CO018K, DATED JUNE 17, 2008. BEARING REFERENCE BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE ORIGINATING FROM FRANKLIN COUNTY ENGINEER SURVEY OF FCGS MONUMENTS "FRANK 72" AND "FRANK 172", ESTABLISHING A BEARING OF NORTH 12'12'35" WEST FOR HYLAND-CROY ROAD AND ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83 (2011 ADJUSTMENT). DAVID '/0 oto L. s`r ° CHIESA ' s� 7740 REGISTERED SURVEYOR NO. DATE m Nn >i: r p O m z 4c*0>— T z:K8* (n QU)03 rn z yNO A z 4s S S r. Uv vOD rnO.000- x n" n rrOip9"mp�ovcm.z � cm( 3��m xz 3Zrn00- :9 p zcz z z oz9 O n z z� 0 N LEGEND @O IRON PIN FOUND �, a (AS NOTED) O IRON PIN SET °c a fD w A 9 @��. p 0 � Z (5/8" REBAR 30" LONG � x c m W/PLASTIC CAP "IBI 3 g p o GROUP/S-6872/S-7740") o aQ.m CD p, = O O MAG NAIL SET o 0 0MAG NAIL FOUND m N v ® P.R.O. D m � 1"PIPE /\ O NOM AN I. MALIK & 1"PIPE JOSEPHINE SAMINA MALIK, TRUSTEES I.N. 201703230002416 ; 8.000 ACRES M p WAY LINE N cv FUTURE RIGHT-OF r a 3 Z�gIR08LE O.R. 1015, G. 559 5.784 ACRES BARBARA STROBLE & LANEY CELTIC CROSSING P.B. 5, PG. 357, A. B, C RESERVE "A" , REFERENCE — c �R0s G POINT CES 0R � g0 RESERVE "B" 1 FLOOD NOTE THE AREA SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP No. 39049CO018K, DATED JUNE 17, 2008. BEARING REFERENCE BEARINGS HEREIN ARE BASED ON A FIELD TRAVERSE ORIGINATING FROM FRANKLIN COUNTY ENGINEER SURVEY OF FCGS MONUMENTS "FRANK 72" AND "FRANK 172", ESTABLISHING A BEARING OF NORTH 12'12'35" WEST FOR HYLAND-CROY ROAD AND ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83 (2011 ADJUSTMENT). DAVID '/0 oto L. s`r ° CHIESA ' s� 7740 REGISTERED SURVEYOR NO. DATE m Nn >i: r p O m z 4c*0>— T z:K8* (n QU)03 rn z yNO A z 4s S S r. Uv vOD rnO.000- x n" n rrOip9"mp�ovcm.z � cm( 3��m xz 3Zrn00- :9 p zcz z z oz9 O n z z� 0 N