Ordinance 031-18Dayton Legal Blank, Inc.
Ordinance No. 31-18
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXEI�UTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS
TO ACQUIRE A 0.028 -ACRE FEE SIMPLE WARRANTY DEED FOR
RIGHT-OF-WAY, WITHOUT LIMIrTATION OF EXISTING ACCESS
RIGHTS, AND A 0.010 -ACRE STORM WATER AND DRAINAGE
EASEMENT FROM E. ELAINE T. HORR, TRUSTEE OF THE E.
ELAINE T. HORR REVOCABLE TRUST EXECUTED MARCH 12,
2009, LOCATED AT 8668 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'7; 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 3900240560000, owned by E. Elaine T.
Horr, Trustee of the E. Elaine T. Horr Revocable Trust Executed March 12, 2009 (the
"Grantor'7, as described in the attached Exhibits A and depicted in the attached Exhibits
B; a n d
WHEREAS, the City and the Grantor participated in good faith discussions and have come
to mutually agreeable terms for the acquisition of the necessary property interests for the
sum of $350.00, which is the appraised value of the property interests; and
WHEREAS, the City desires to execute necessary conveyance documents to complete
the transaction between the City and the Grantor.
NOW, THEREFORE, BE IT ORDAIIMED by th ouncil 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 0.028 -acre fee simple warranty deed for right-of-way,
without limitation of existing access rights; and a 0.010 -acre storm water and drainage
easement from E. Elaine T. Horr, Trustee of the E. Elaine T. Horr Revocable Trust Executed
March 12, 2009, for the appraised value of $350.00, said property interest located within
the parcel identified as Union County parcel number 3900240560000, 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 4.04(b) of the Dublin
D,n%Ae-owl f knp ter
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 31-18
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'
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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 3-S (HORR)
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 1.500 -acre tract as described in a deed to Elaine T. Hon Trustee, of record in Official Record 816,
Page 734, 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 1.500 -acre tract and the southeasterly comer 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; thence North
82°43'50" East, along the northerly line of said 1.500 acre tract and the southerly line of said 2.009 acre
tract, a distance of 40.13 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 1.500 -acre tract, a distance of 30.11 feet to a point in
the southerly line of said 1.500 -acre tract and the northerly line of that 8.000 -acre tract as describe in a
deed to Noman I. Malik and Josephine Samina Malik Trustees, of record in Instrument No.
201703230002416;
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 1.500 -acre tract, a distance of 30.11 feet to the
TRUE PLACE OF BEGINNING and containing 0.010 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
Westerville, Ohio
IE OF ®,y�0
DAVID
CSA pC David L. Chiesa date
9�p�n� A �1® Registered Surveyor No. 7740
s,OIYAL J`�Ci`�►
J:\110135_dublin_hyland\5.9 Drawings\baseinfo\survey\DESCRIPTIONS\HORR U EASEMENT.docx
0
TARTAN WEST SECTION 5
1 1 P.B. 5, PG. 198
1�1 RESERVE "Q"
POINT
1 1
THE CITY OF DUBLIN
O.R. 495,394
0.240 ACRE
1
Line Table
Line #
Length
Direction
L1
40.13'
N82'43'50"E
L2
15.06'
N82'43'50"E
L3
30.11'
S12'12'35"E
L4
15.06'
S82'43'50"W
L5
1 30.11'
1 N12'12'35"W
DARSHAN SHAH
I.N. 201801300000770
1.293 ACRES
TRUE PLACE
)F BEGINNING
PARCEL 3—S
0.010 ACRE
z
SABRA L. MINYARD &
WILLIAM MINYARD
O.R. 69, PG. 189
2.009 ACRES
4
NOMAN I. MALIK &
JOSEPHINE SAMINA MALIK, TR.
I.N. 201703230002416
8.000 ACRES
PARCEL 3
ELAINE T. HORR TR.
O.R. 816, PG. 734
1.500 ACRES
IP.N. 3900240560000
UTURE RIGHT-OF-WAY LINE
PG. 559 5.784 ACRES
015,
6
OBLE O.R.
BARBARA STROBLE & LANEY STRBEARING REFERENCE
'0000�°�p�E
OF O5°0� oo'c
Oa
DAVID `
L.
tr s CHIESA
7740 a
0o
1.
.`P`�,C�ST6R�'. o00
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 12'1235" WEST FOR HYLAND-CROY ROAD
AND ARE BASED ON THE OHIO STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, NAD83 (2011 ADJUSTMENT).
�-
77Yo Z Q6 -"/'q
REGISTER SURVEYOR NO. DATE
� P
0
m
0 Z
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mOz zOa<31v'1'I
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iy
PARCEL 3 -WD (HORR)
HYLAND-CROY ROAD & RIVIERA CONNECTOR
DESCRIPTION OF 0.028 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 1.500 -acre tract as described in a deed to Elaine T. Horr Trustee, of record in Official
Record 816, Page 734, 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 712.07 feet to a Mag Nail set at the southwesterly
corner of said 1.500 -acre tract and the northwesterly corner of that 8.000 -acre tract as described in a deed
to Noman L Malik and Josephine Samina Malik, Trustees, of record in Instrument No.
201703230002416, at the TRUE PLACE OF BEGINNING:
Thence North 12°12'35" West, continuing along said centerline, a distance of 30.11 feet to a Mag
Nail set at the northwesterly corner of said 1.500 -acre tract and the southwesterly comer 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;
Thence North 82°43'50" East, along the northerly line of said 1.500 -acre tract and the southerly
line of said 2.009 acre tract, passing a 1 -inch pipe found at a distance of 30.09 feet, a total distance of
40.15 feet to an iron pin set;
Thence South 12°12'35" East, through said 1.500 -acre tract with a new division line, a distance
of 30.11 feet to an iron pin set in the southerly line of said 1.500 -acre tract and the northerly line of said
8.000 acre tract;
Thence South 82°43'50" West, along said northerly and southerly lines, passing a 1 -inch pipe
found at a distance of 10.03 feet, a total distance of 40.15 feet to the TRUE PLACE OF BEGINNING
and containing 0.028 acre of land, 0.021 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
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).
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.
e
_ DAVID ~e
L
MESA a
O 9 S-7T4B
NAL
IBI Group Survey
Westerville, Ohio
avid L. Chiesa date
Registered Surveyor No. 7740
JA110135_dublin_hyland\5.9 Drawings\baseinfo\suwey\DESCRIPTIONS\HORR WD.docx
Line Table
Line
Length
Direction
Lt
30.11'
N12'12'35"W
L2
40.15'
N82'43'50"E
L3
30.11'
S12'12'35"E
L4
40.15'
S82'43'50"W
W7,�
1SPANOS
O 1
KATINA
LEGEND
O.R. 235, PG. 122
N
1.293 ACRES
w
OO
IRON PIN FOUND
(AS NOTED)
o W 3.0 0
TRUSTEE
v'
o N v
R a O w
8 o x o
O.R. 816, PG. 734
C J
(5/8" REBAR 30" LONG
Z
W/PLAS11C CAP "IBI
,
n
GROUP/S-6872/5-7740")
�m
SABRA L. MINYARD &
S
WILLIAM MINYARD
0.028 AC. (TOTAL)
O
O.R. 69, PG. 189
C d
_ 0.021 AC. (PRO)
2.009 ACRES
MAG NAIL FOUND
PARCEL
3—WD
® P•R.O.
0.028
ACRE
30.09'
, 1"PIPE
I KUL NLAUL , 0 4
P'PIPE NOMAN I. MALIK &
OF BEGINNING , 4 JOSEPHINE SAMINA MALIK, TRUSTEES
0.03' I.N. 201703230002416
-' 8.000 ACRES
THE CITY OF DUBLIN M p
O.R. 495, PG. 394 C-4 N
0.240 ACRE
Z BARBARA STROBLE & LANEY STROBLE O.R.
CELTIC CROSSING
P.B. 5, PG. 357, A B, C
RESERVE "A"
--__. — RE
C FERENCE
cE�n 50 POINT
F
RESERVE B.
e
/�
DAVID "
L.
r ; CHIESA si
7740 0
THE AREA SHOWN HEREON IS LOCATED IN
FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP
No. 39049C0018K, DATED JUNE 17, 2008.
1015, PG. 559 5.784 ACRES
i� 3
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).
00000000 ° °� noo n6o��O0OOoo � L � � � ��l
E RED SURVEYOR N0. DATE
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LEGEND
3—WD
o
ELAINE T. HORR,
OO
IRON PIN FOUND
(AS NOTED)
o W 3.0 0
TRUSTEE
IRON PIN SET
o N v
R a O w
8 o x o
O.R. 816, PG. 734
(5/8" REBAR 30" LONG
1.500 ACRES
W/PLAS11C CAP "IBI
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GROUP/S-6872/5-7740")
�m
P.N. 3900240560000
0.028 AC. (TOTAL)
O
MAG NAIL SET
C d
_ 0.021 AC. (PRO)
MAG NAIL FOUND
D
10.007 AC. (NET)
® P•R.O.
o
THE AREA SHOWN HEREON IS LOCATED IN
FLOOD ZONE "X" ACCORDING TO F.E.M.A. MAP
No. 39049C0018K, DATED JUNE 17, 2008.
1015, PG. 559 5.784 ACRES
i� 3
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).
00000000 ° °� noo n6o��O0OOoo � L � � � ��l
E RED SURVEYOR N0. DATE
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