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Ordinance 036-18Dayton Legal Blank, Inc. Ordinance No. 36-18 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.230 -ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY© WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS FROM HARRY D. MILLER A.K.A. HARRY DAVID MILLER AND ANNA LOUISE MILLER, LOCATED AT 6260 RINGS 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 Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project'7; and WHEREAS, the Project requires that the City obtain a fee simple warranty deed for public right-of-way, without limitation of existing access rights from the parcel identified as Franklin County parcel number 274-000064, owned by Harry D. Miller a.k.a. Harry David Miller and Anna Louise Miller (the "Grantors"), as described in the attached Exhibits A and depicted in the attached Exhibits B; and WHEREAS, the City, through its acquisition agent for the Project, and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of $9,880.00, which is the appraised value of the property interest; and WHEREAS, the City desires to execute and accept necessary documents to complete the transaction between the City and the Grantors. NOW, THEREFORE, BE IT ORDAINED by th 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 documents to acquire a 0.230 -acre fee simple warranty deed for public right- of-way, without limitation of existing access rights from Harry D. Miller a.k.a. Marry David Biller and Anna Louise Miller, for the appraised value of $9,880.00, said property interest located within the parcel identified as Franklin County parcel number 274-000064, 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 A r` Lam, ..I-., ATTEST: Clerk of Council 2018. "-N'*ty U of Dubl* 1 11 Iffice of the City Manager 5200 Emerald Parkway* Dublin,, OH 43017-1090 Phone.* 614-410-4400 # Fax: 614-410-4490 L,77 Too. Members of Dublin City Council From: Dana L. McDaniel,, City Manig DP Director of Engineering / City Engineer Ini"b"ated Bye, Paul A. Hammersmith, , a Jean -Ellen Willis, P.E., Engineering Manager - Transportation Phillip K. HartmannAssistant Law Director Rev. Ordinance No. 36-18 - Acqui"siboon of Riaght-of-Way and Easements Tuttle Crossing Boulevard Extension and Avery Road Improvements (13-013-CIP) The Project requires the acquisition of property interests from multiple property owners on Tuttle Crossing Boulevard, Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court. Ordinance No. 36-18 — Tuttle Crossing Boulevard Extension and Avery Road Improvements April 19, 2018 Page 2 of 2 This property acquisition consists of the following property interest from the named propeon owners, as depicted in the map attached hereto: 71 The acquisition consists of fee simple interest for public right-of-wawithout limitation of existing access rights. The details regarding the property acquisition is as follows: The Ordinance authorizes the City Manager to execute all necessary conveyance documents and contracts to formally acquire the necessary property interest from the property owner. The remaining properties involved with the project will involve separate legislation to appropriatt the necessary property interests. Staff recommends adoption of Ordinance No. 36-18 at the second reading/public hearing on May 7, 2018, authorizing the City Manager to execute all necessary conveyance and contract 41ocuments to formally accept the necessary property interest described above. 0 EXHIBIT A Page 1 oft LPA RX 851 WD Rev. 06/09 Ver. Date 03/102017 PARCEL 57 -WD PBD 99815 TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENT ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS IN THE NAME AND FOR THE USE OF THE CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO 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). [Surveyor's description of the premises follows] Situated in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia Military Survey Number 3004, and being part of that 2.229 acre tract described in deeds to Harry D. Miller aka Harry David Miller and Anna Louise Miller, of record in histrument Number 200307230228395 and Instrument Number 201401130004548, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being a parcel on the left side of the proposed centerline of construction for Rings Road, as delineated on the centerline plat for Tuttle Crossing Boulevard and Avery Road Improvements, of record in Plat Book , Page , said parcel being more particularly bounded and described as follows: Commencing for reference at Franklin County Geodetic Survey monument number 1934, said monument being at the intersection of the existing centerline of right-of-way for Rings Road and the existing centerline of right-of-way for Avery Road (South), said point being 3.73 feet left of Rings Road proposed centerline of construction Station 322+93.56; Thence South 85 degrees 26 minutes 57 seconds West, along the existing centerline of right-of-way for Rings Road, a distance of 664.85 feet to a MAG nail set at the southeast comer of said 2.229 acre tract, being the southwest comer of that 2.229 acre tract described in a deed to Mollie Sin-Khay and Khoun Khay and Teav Sinn, of record in Instrument Number 201701300014404, said MAG nail being on the north line of that 22.624 acre tract described in a deed to Angelo J. Dallas, or his successor, as Trustee under the Angelo J. Dallas Trust Agreement dated May 17, 1996 (1/2 -interest), of record in Instrument Number 199804100085905 and Dolores D'Amico, Valerie M. Scheel and Jodelle M. D'Amico, as Trustees under the Dolores D'Amico Family Trust (aka Dolores D'Amico Trust) dated February 13, 2002 (1/2 -interest), of record in Instrument Number 200407130162385, said MAG nail being at Rings Road proposed centerline of construction Station 316+28.32, and said MAG nail being the TRUE POINT OF BEGINNING for this description; EXHIBIT A Page 2 of 2 LPA RX 851 WD Rev. 06/09 Thence South 85 degrees 26 minutes 57 seconds West, continuing along the existing centerline of right- of-way for Rings Road, along the south line of said Miller tract and along the north line of said 22.624 acre tract, a distance of 200.00 feet (passing at a distance of 119.21 feet a northwest comer of said 22.624 acre tract, being the northeast comer of that 0.871 acre tract described in deeds to Delores D'Amico aka Dolores D'Amico, of record in Deed Book 3201, Page 230 and Official Record 15438 I09) to a MAG nail set at the southwest comer of said Miller tract, being the southeast comer of that 1.113 acre tract described in deeds to Philip R- Nolette, Jr. and Dianne W. Nolette, of record in Instrument Number 199812100318204 and hrstrument Number 200401270018953, said Mag nail being at Rings Road proposed centerline of construction Station 314+28.32; Thence North 04 degrees 32 minutes 03 seconds West, along the west line of said Miller tract and along the east line of said 1.113 acre tract, a distance of 50.00 feet to an iron pin set, said iron pin set being 50.00 feet left of Rings Road proposed centerline of construction Station 314+28.33; Thence North 85 degrees 26 minutes 57 seconds East, across said Miller tract, a distance of 200.00 feet to an iron pin set on the east line of said Miller tract, being on the west line of said Sin-Khay tract, said iron pin set being 50.00 feet left of Rings Road proposed centerline of construction Station 316+28.33; Thence South 04 degrees 32 minutes 03 seconds East, along the east line of said Miller tract and along the west line of said Sin-Khay tract, a distance of 50.00 feet (reference a bent 3/4" iron pipe at a distance of 25.28 feet offline 0.06 feet to the left) to the TRUE POINT OF BEGINNING for this description. The above described right-of-way parcel contains a total area of 0.230 acres (0.138 acres lies within the present road occupied) located within Franklin County Auditor's parcel number 274-000064. The bearings described herein are based on Grid North as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Iron pins set are 30" by 5/8" diameter rebar with caps stamped "ASI PS -8438". The above described right-of-way parcel was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438 on Much 10, 2017, is based on an actual survey performed by American Stmcturepoint, Inc., and is true and correct to the best of my knowledge and belief. American Str/ucturep�oint, Inc.••``�.1E OF 'r. 4bi0y ... . Brian P. Bingham, PS BRIAN P. Registered Professional Surveyor No. 8438 = t BINGHAM D 110 . f n poi. 8438 0.23 D awes -4 Lk 64 DESCRIPTION VERIFIED'• CORNELL R. ROaERISON. P.E.. P.S. BY: 1 DAIE,��. 0 1" -7 Date Situated in the State :■ Ohio County of Franklin, City o STNBCTUBEPoIHr Tuttle Crossing Exhibit "B" City of Dublin, Ohio ■� Boulevard Fitt. 0.230 Ac. ■` and Avery Road Warranty O.R. D.B. 3201 PG 230 I.N. 199804100085905 and Improvements Deed Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 Basis of bearing: Bearings shown hereon are based on grid north as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and NGS OPUS solution. PID: 274-000064 o �ro Harry D. Miller aka I so Harry David Miller and ro Anna Louise Miller oti°oo o..zo�a I.N. 201 4011 36 0 004548 J I v N< I.N. 200307230228395 mo a a ,z Fo;2J2.229 Acres .a, cI a a- pzz '32'° 0403"E0'"W a S50..'050.00'r— 200000 ¢ of PID: 274-000067 Mollie Sin—Khay and Khoun Khay and Teav Sinn I.N. 201701300014404 2.229 Acres N85'26'57"E I hereby certify that: This drawing represents the results of an actual field survey of the premises performed by American Structurepoint. Inc., and is true correct - the best of my knowledgeandbelief. Brian P. Bingham, P.S. No. 8438 Date American Structurepoint, Inc. EXHIBIT B Parcel er 57 -WD eve Sheet v�"!0" 1 Of t m,z asieo 0 30' 60' SCALE: 1"=60' Point of Reference I _ Cb of R/W Avery Road I 1934 BRIAN P. BINGHAM 8438 Rings rcoaa 274-000021 (/W PID: s J. Dallas, or his successor, J. pID'. 27 4-00 0017 Angelo el0 as Trustee under the An9 dated May Delores D'Amico D'Aml°O Dallas Trust Agreemen (1/ aka Delores 15438 109 17, 1996 O.R. D.B. 3201 PG 230 I.N. 199804100085905 and 0.871 Acres D'Arnica- volerle M. Scheel Dolores as Trustees M. D'Arn'°°' and Jodelle amily Dolores D'Am1c0 f WP's' iron pin set w/ Structurepoint—PS 8438" cap under the Trust (aka Dolores D'AmdO TS) (1/2rusrt dated February 13, 2002 30162385 e M.N.S. MAG nail set IN. 2DO407 22.624 Acres ® F.C.G.S. Monument I hereby certify that: This drawing represents the results of an actual field survey of the premises performed by American Structurepoint. Inc., and is true correct - the best of my knowledgeandbelief. Brian P. Bingham, P.S. No. 8438 Date American Structurepoint, Inc. EXHIBIT B Parcel er 57 -WD eve Sheet v�"!0" 1 Of t m,z asieo 0 30' 60' SCALE: 1"=60' Point of Reference I _ Cb of R/W Avery Road I 1934 BRIAN P. BINGHAM 8438 Jim ■• ■ f r 14 +ti i, 11 LEGEND 16 ■ City of Dublin Corp Limit Permanent Easement T Temporary Easement Proposed Right -of -Way PRO Conversion W Channel Easement 03 -013 -CI P i D lin Tuttle Crossing Boulevard Extension and Avery Road Widening, Phase 1 C ty o f Dub fin USA 1 61