Ordinance 034-18RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
Ordinance No. 34-18 Passed , 20
AN ORDINANCE TO APPROPRIATE A 0.878 -ACRE FEE SIMPLE
WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT
LIMITATION TO EXISTING ACCESS RIGHTS; AND A 0.140 -
ACRE TEMPORARY CONSTRUCTION EASEMENT FROM
BARBARA STROBLE AND LANEY STROBLE, FROM THE
PROPERTY LOCATED AT 8622 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 for
right-of-way, without limitation to existing access rights; and a temporary construction
easement from the parcel identified as Union County Parcel No. 1y00240600000,
owned by Barbara Stroble and Laney Stroble, as described in the attached Exhibits A
and depicted in the attached Exhibits B.
NOW, THEREFORE, BE IT ORDAINED by the Co cil 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 $84,750.00, for the public purpose of
constructing a new roadway to be open to the public without charge improvements to
be open to the public without charge, the following property interests: a 0.878 -acre
fee simple warranty deed for right-of-way, without limitation to existing access rights;
and a 0.140 -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 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, 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.
Sectio This Ordinance shall take effect in accordance with 4.04(b) of the Dublin
Revise harter.
Pass �i this y of � �, 2018.
Mdvor — PresidirVp<)fficer
ATTEST:
Clerk of Council
Cityol'Dublin
Office of the C'Ity Manager
5200 Emerald Parkway * Dublin, OH 43017-1090
Phone: 614-410-4400 * Fax: 614-410-4490
To.* Members of Dublin City Council
From,* Dana L. McDaniel,, City Mann
Dates, rill,, 2018
Lnitiated By: Paul A. Hammersmith, P.E., Director of Engineering / City Engineer
Michael S. Sweder, P.E., Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Ordinance 34-18
4
Rev. Ordinances to Appropriate - Nos,, 32-18 33-18,1 34-18 & 35-111WI,
Hyland -Croy Road / Riviera Connector (17-016-CIP) I
The City of Dublin ("City") intends to construct the Hyland -Croy Road / Riviera Connector (the
"Project-'�, which is a new public roadway connecting the era neighborhood with Hyland -Croy
Road. In the 2018-2022 Capital Improvements Program (CIP), site acquisition is programmed in
2017 and utility relocation, construction and landscape programmed in 2018.
The Project requires the acquisition of property interest from the following property owners:
To date,, the City has agreed to terms with three of the property owners: Sabra L. Minyard & William
Minyard; E. Elaine T. Horr, Trustee; and Rera Ventures, LLC.
The City is hopeful that an amicable resolution may be reached with the remaining property owners;
however, these Ordinances authorize the City Law Director's Office to file complaints for
appropriation in the event that negotiations are unsuccessful. The Ordinances also authorize the City
to enter into reasonable administrative settlement in the best interest of the City without further
legislation.
Ordinances 32-18 through 35-18 —Appropriations for Hyland -Croy Road / Riviera Connector (17-016-CIP)
April 19, 2018
Page 2 of 3
Ordinances 32-18 through 35-18 —Appropriations for Hyland-Croy Road /Riviera Connector (17-01b-CIF)
April 19, 2018
Page 3 of 3
Staff recommends adoption of Ordinances Nos. 32-18 through 35-18 at the second reading/public
hearing on May 7, 2018, as these Ordinances authorize the City Law Director's Office to file
I * .
compiaints for appropriation in the event ongoing negotiations are unsuccessful and furthermore will
keep the Project moving forward. The Ordinances also authorize the City to enter into reasonable
administrative settlement in the best interest of the City without further legislation.
City of Dublin
OHIO, USA
17-015-C I P
Hyland -Croy Road / Riviera Connector
(Cacchio Lane)
125 250 500
Feet
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
Ordinance No. 34-18 Passed , 20
AN ORDINANCE TO APPROPRIATE A 0.878 -ACRE FEE SIMPLE
WARRANTY DEED FOR', RIGHT-OF-WAY, WITHOUT
LIMITATION TO EXISTING ACCESS RIGHTS; AND A 0.140 -
ACRE TEMPORARY CONSTRUCTION EASEMENT FROM
BARBARA STROBLE AND LANEY STROBLE, FROM THE
PROPERTY LOCATED AT 8622 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` } 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 for
right-of-way, without limitation to existing access rights; and a temporary construction
easement from the parcel identified as Union County Parcel No. 1700240600000,
owned by Barbara Stroble and Laney Stroble, as described in the attached Exhibits A
and depicted in the attached Exhibits B.
NOW, THEREFORE, BE IT ORDAI14ED by the Council 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 $84,750.00, for the public purpose of
constructing a new roadway to be open to the public without charge improvements to
be open to the public without charge, -the following property interests: a 0.878 -acre
fee simple warranty deed for right-of-way, without limitation to existing access rights;
and a 0.140 -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 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, 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 Ordinance shall take effect in accordance with 4.04(b) of the Dublin
Revised Charter.
Passed this day of
Mayor — Presiding Officer
ATTEST:
Clerk of Council
12018.
PARCEL 6-T (STROBLE)
HYLAND-CROY ROAD & RIVIERA CONNECTOR
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
JEROME TOWNSHIP, UNION COUNTY, OHIO
Situated in the State of Ohio, County of Union, Township of Jerome, being located in Virginia
Military Survey No. 2925, being part of that 5.784 -acre tract as described in a deed to Barbara Stroble and
Laney Stroble, of record in Official Record 1015, Page 559, 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 southeasterly comer of said 5.784 -acre tract and northeasterly corner of
that 1.178 -acre tract (part of that 5.678 -acres), as described in a deed to Kevin D. Mullins and Jocelyn
Mullins, of record in Official Record 804, Page 218;
Thence South 84°04'50" West, along the southerly line of said 5.784 acre tract and the northerly
line of said 1.178 -acre tract, a distance of 393.44 feet to a point;
Thence though said 5.784 -acre tract the following courses:
1. North 79041'49" West, a distance of 66.73 feet to a point;
2. North 05051120" West, a distance of 7.89 feet to a point;
3. North 85003'16" East, a distance of 138.27 feet to a point;
4. North 44014'19"
East, a distance of 22.88 feet to a point;
5. North 1401 F 12"
East, a distance of 27.28 feet to a point;
6. South 81042'40"
East, a distance of 26.65 feet to a point;
7. South 03°26'29"
West, a distance of 55.65 feet to a point;
8. North 84004150"
East, a distance of 275.52 feet to a point;
9. South 05051120"
East, a distance of 3.00 feet to the place of beginning and containing
0.140- acres 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
PIE OF 0 Westerville, Ohio
DAV
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THE BOARD OF EDUCATION OF
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25.614ACRES
Line Table
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Length
Direction
L1
393.44'
584'04'50"W
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66.73'
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THE BOARD OF EDUCATION OF
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Line Table
Line #
Length
Direction
L1
393.44'
584'04'50"W
L2
66.73'
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HYLAND-CROY ROAD & RIVIERA CONNECTOR
DESCRIPTION OF 0.878 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, being located in Virginia
Military Survey No. 2925, being part of that 5.784 -acre tract as described in a deed to Barbara Stroble and
Laney Stroble, of record in Official Record 1015, Page 559, 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 572.04 feet to a Mag Nail set at the southwesterly
corner of said 5.784 -acre tract and the southeasterly corner of that 1.178 -acre tract (part of that 5.678
acres), as described in a deed to Kevin D. Mullins and Jocelyn Mullins, of record in Official Record 804,
Page 218 at the TRUE PLACE OF BEGINNING:
Thence North 12112'35" West, continuing along said centerline, a distance of 30.20 feet to a Mag
Nail set at the northwesterly corner of said 5.784 -acre tract and the southwesterly corner of that 8.000 -
acre tract as described in a deed to Noman I. Malik and Josephine Samina Malik, Trustees, of record in
Instrument Number 201703230002416;
Thence North 84117' 11" East, along the northerly line of said 5.784 -acre tract and the southerly
line of said 8.000 -acre tract, a distance of 1104.95 feet to an iron pin set at an angle point;
Thence North 84°04'50" East, continuing along said northerly and southerly lines, a distance of
152.15 feet to an iron pin set at the southeasterly comer of said 8.00 -acre tract;
Thence South 05°51'20" East, though said 5.784 acre tract with a new division line, a distance of
11.36 feet to an iron pin set;
Thence South 79°41'49" East, continuing though said 5.784 acre tract, a distance of 66.73 feet to
an iron pin set in the southerly line of said 5.784 acre tract and the northerly line of said 5.678 -acre tract;
Thence South 84°04'50" West, along said southerly and northerly lines, a distance of 216.26 feet to
an iron pin set at an angle point;
Thence South 84°17'11" West, continuing along said northerly and southerly lines, a distance of
1,101.59 feet to the TRUE PLACE OF BEGINNING and containing 0.878 -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.
IBI Group Survey
Wes ille, Ohio
n8-7740
avid L. ChiesaRegistered Surveyor No. 7740
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THE CITY OF DUBLIN '
O.R. 495, PG. 394
0.24040 ACRE
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THE CITY OF DUBLIN
O.R. 495, PG. 394
0.295 ACRE (RW -8)
CELTIC
CROSSING
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PG. 357, A, R
RESERVE "A"
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1 3
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NA SPANOS ELAINE T. ¢
235, PG. 122 HORR, NOMAN I. MALIK &
93 ACRES TRUSTEE JOSEPHINE SAMINA MALIK, TRUSTEES
O.R. 816, I.N. 201703230002416
2 P1. 734 8,000 ACRES
L. MINYARD & 1.500AM MINYARD ACRES69, PG. 189
09 ACRES O 1"PIPE S05°51'2(
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PARCEL 6—WD
"PIPE 0.878 ACRE-., 1,104 95' s
1"PIPE
THE CITY OF DUBLIN
O.R. 488, PG. 174
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THE BOARD OF EDUCATION OF
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O.R. 80, PG. 209
25.614 ACRES
LEGEND
@O IRON PIN FOUND
(AS NOTED)
IRON PIN SET
(5/8" REBAR 30"
LONG W/PLASTIC CAP "IBI
GROUP/S-6872/S-7740")
O MAG NAIL SET
,a MAG NAIL FOUND
® P.R.O.
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)./
1"PIPE
BARBARA�STROBLE &
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LANEY STROBLE
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1.17g ACRES
4'50"W RIVIERA VENTURES LLC
I.N. 201508280120922 (FRANKLIN)
216.26' I.N. 201508310007071 (UNION)
N84"04'50"E 167.055 ACRES (ORIG.)
152.15' 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.
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1,104.95' • 11.36'
1,101.59'
S79"41'49"E
6 66.73'
RIVIERA VENTURES LLC
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