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Ordinance 030-18Dayton Legal Blank, Inc. Ordinance No. 30-18 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITE'' MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0,198 -ACRE PERMANENT UTILITY EASEMENT FROM RIVIERA VENTURES LLC, FROM THE PROPERTY LOCATED EAST OF HYLAND-CROY ROAD ALONG THE PROPOSED CACCHIO LANE, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH SHALL BE OPEM TO THE PUBLIC WITHOUT CHARGE. WHEREAS, the City of Dublin (the "City'p) is preparing to construct the Hyland -Croy Road and Riviera Connector Project (the ''Project'; and WHEREAS, the Project requires that the City obtain a permanent utility easement from the parcel identified as Union County Parcel No. 3900240340020, owned by Riviera Ventures LLC (the "Grantor"), said property interests being more fully described in the attached Exhibit A and depicted in the attached Exhibit B; and WHEREAS, the City and the Grantor participated in good faith discussions and the Grantor has agreed to donate the properly interests to the City at no cost; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transfer of the property interests between the City and the Grantor. NOW® YHEREFORE, 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 all necessary conveyance documents to acquire a 0.198 -acre permanent utility easement from Riviera Ventures LLC, at no cost, said property interest located within the parcel identified as Union County Parcel No. 3900240340020, 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 L�iw, 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. Section 3, This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Clerk of Council 12018. 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 30-18 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-CIPI .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 8-U HYLAND-CROY ROAD & RIVIERA CONNECTOR DESCRIPTION OF A UTILITY & GRADING EASEMENT DUBLIN, OHIO Situated in the State of Ohio, County of Union, Jerome Township, City of Dublin, Township of Washington (of Franklin County) being located in Virginia Military Survey No. 2925, being part of that original 167.055 -acre tract as described in a deed to Riviera Ventures LLC, of record in hrstrument No. 201508310007071, all references herein being to the records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Beginning at a point at the northwesterly corner of Reserve "N2" as shown and delineated upon the plat "Riviera Section 4, Part 2", a subdivision of record in Plat Book 6, Pages 29 A & B and in the southerly right-of-way line of Cacchio Lane (70 feet in width): Thence South 05°55'20" East, along the westerly line of said Reserve "N2", a distance of 15.00 feet to a point; Thence though the remainder of said original 167.055 acre tract the following courses: 1. South 84004150" West, a distance of 185.49 feet to a point of curvature; 2. With the are of a curve to the right having a radius of 526.50 feet, the central angle of 16°13'21", an arc length of 149.07 feet, the chord of which bears North 87°48'39" West, a chord distance of 148.57 feet to a point of tangency; 3. North 79°41'59" West, a distance of 115.08 feet to a point of curvature; 4. With the are of a curve to the left having a radius of 423.50 feet, the central angle of 16°01'00", an are length of 118.39 feet, the chord of which bears North 87'42'19" West, a chord distance of 118.00 feet to a point of tangency; 5. South 84°17'01" West, a distance of 8.31 feet to a point in the easterly line of that original 25.614 -acre tract as described in a deed to The Board of Education of the Dublin City School District, of record in Official Record 80, Page 209; Thence North 05°54'21" West, along said easterly line, a distance of 15.00 feet to a point at the northeasterly corner of said 25.614 acre tract and in the southerly right -o£ -way line of Cacchio Lane; Thence along said southerly right-of-way line the following courses: 1. North 84017101" East, a distance of 8.36 feet to a point of curvature; 2. With the are of a curve to the right having a radius of 438.50 feet, the central angle of 16°01'00", an arc length of 122.58 feet, the chord of which bears South 87042'19" East, a chord distance of 122.18 feet to a point of tangency; 3. South 79041'59" East, a distance of 115.08 feet to a point of curvature; 4. With the arc of a curve to the left having a radius of 511.50 feet, the central angle of 16°13'21", an arc length of 144.82 feet, the chord of which bears South 87°48'39" East, a chord distance of 144.34 feet to a point of tangency; 5. North 84004'50" East, a distance of 185.49 feet to the place of beginning containing 0.198 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. 113I Group Survey Westerville, Ohio B"Chiesa ,'-Dt/8 David Ldate Registered Surveyor No. 7740 JA110135_dublin_hyland\5.9 Drawings\baseinfo\suwey\DESCRIPTIONS\RIVIERA U EASEMENT.docs 4 NOMAN I. MALIK & JOSEPHINE SAMINA MAUK 0=18'01'00" I.N. 201610260008781 R=438.50' 8.000 ACRES C8=S87'42'19"E CD=122.18' L=122.58' N84'17'01 "E BARBARA STROBLE & LANEY STROBLE O.R. 1015, PG. 559 5.784 ACRES S79'41'59"E 115.08' ,=16'13' 21 " R=511.50' C8=S87'48'39"E CD=144.34' L=144.82' N84'04 50"E 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) KEVIN D. MULLINS & JOCELYN MULLINS O.R. 804, PG. 218 5.678 ACRES PLACE OF BEGINNING PARCEL 8-U 0.198 ACRE R/� S5'55'20' EWCACCHIO LANE ---1 _R/W� RESERVE "N2" 15.015 ACRES / PARCEL 8—U RIVIERA VENTURES LLC I.N. 201508280120922 (FRANKLIN) I.N. 201508310007071 (UNION) 167.055 ACRES (ORIG.) 44.320 ACRES (REMAINDER) P.N. 3900240340020 0.198 ACRE (TOTAL) RIVIERA SECTION 3 PART 1 P.B. 122, PG. 1 (FRmmN) P.B. 6, PGS. 3 A,B (UNION) RESERVE 'I" 70• 170 171 169 72 IGS: gI D C A I�I l RIVIERA SECTION 4 PART 2 P.B. 6, PGS. 29 A -B REGISTERED 93 RIVIERA SI JJ I P.B. 121,P( I P.B. 6, PSS. RESERVE 185 184 183 \ 94 95 DAVID ` L. sr CHIESA si 1 7740 �a ae '^F-isTE�•• 71Yv NO. 1 .? _618-l62' UA IL cm�Wm C3 a0 > cA v w �. O O � O N N Q 3 m ma oxo p ? N m0 rn � a au 0 M m T n w O �! xx p p<z000-p(7n rn Z�TT�C1< rZ7 m C ZD m 0 Z 0 cor) 03 rmORi O� ET Z Z Z m O n 0 r:�G) yM D Z ZpzoI- 00 On+z go z� N 5'54'21 "W584.04' 50"W 15.00' LN79"41759W185.49' 115.08' 7 884'17'01"W 8.31' 0=16'01'00" 4=16'13'21° R=423.50' R=526.50' CB=N87'42'19"W CB=N87'48'39" THE BOARD OF EDUCATION OF CD=118.00' CD=148.57' THE DUBLIN CITY SCHOOL DISTRICT L=118.39' L=149.07' O.R. 80, PG. 209 25.614 ACRES 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) KEVIN D. MULLINS & JOCELYN MULLINS O.R. 804, PG. 218 5.678 ACRES PLACE OF BEGINNING PARCEL 8-U 0.198 ACRE R/� S5'55'20' EWCACCHIO LANE ---1 _R/W� RESERVE "N2" 15.015 ACRES / PARCEL 8—U RIVIERA VENTURES LLC I.N. 201508280120922 (FRANKLIN) I.N. 201508310007071 (UNION) 167.055 ACRES (ORIG.) 44.320 ACRES (REMAINDER) P.N. 3900240340020 0.198 ACRE (TOTAL) RIVIERA SECTION 3 PART 1 P.B. 122, PG. 1 (FRmmN) P.B. 6, PGS. 3 A,B (UNION) RESERVE 'I" 70• 170 171 169 72 IGS: gI D C A I�I l RIVIERA SECTION 4 PART 2 P.B. 6, PGS. 29 A -B REGISTERED 93 RIVIERA SI JJ I P.B. 121,P( I P.B. 6, PSS. RESERVE 185 184 183 \ 94 95 DAVID ` L. sr CHIESA si 1 7740 �a ae '^F-isTE�•• 71Yv NO. 1 .? _618-l62' UA IL cm�Wm C3 a0 > cA v w �. O O � O N N Q 3 m ma oxo p ? N m0 rn � a au 0 M m T n w O �! xx p p<z000-p(7n rn Z�TT�C1< rZ7 m C ZD m 0 Z 0 cor) 03 rmORi O� ET Z Z Z m O n 0 r:�G) yM D Z ZpzoI- 00 On+z go z�