Resolution 052-18RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No.
52-18
Passed , 20
A RESOLUTION OF INTENT TO APPROPRIATE A 0.696 -
ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY,
WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS;
AND A 0.198 -ACRE PERPETUAL PUBLIC UTILITY
EASEMENT FROM THOMAS A. MCDOWELL AND DIANE A.
HORNUNG, FROM THE PROPERTY LOCATED ALONG
RIVERSIDE DRIVE AND BRIGHT ROAD FOR THE PUBLIC
PURPOSE OF CONSTRUCTING A NEW CUL-DE-SAC AND
CONSTRUCTING SANITARY SEWER LINES AND WATER
LINE EXTENSIONS.
WHEREAS, the City of Dublin (the "City's is preparing to construct the Sanitary Sewer
and Water Line Extensions — Areas 4A, 4B, 4C, and Bright Road Cul -De -Sac 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 perpetual public utility
easement from the parcel identified as Franklin County Parcel Number 273-008396-00,
owned by Thomas A. McDowell and Diane A. Hornung, as described in the attached
Exhibits A and depicted in the attached Exhibits B.
NOW, THEREFORE, BE IT RESOLVED by th 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 intention to appropriate,
for the public purpose of constructing a new cul-de-sac to be open to the public without
charge and sanitary sewer and water line extensions, the following property interests:
a 0.696 -acre fee simple warranty deed for right-of-way, without limitation to existing
access rights; and a 0.198 -acre perpetual public utility easement, as described in the
attached Exhibits A and depicted in the attached Exhibits B.
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owner(s) and person(s) in possession
or having an interest of record in the property described in the attached Exhibits A and
depicted in the attached Exhibits 6, and this notice shall be served according to law.
Secti 3. This Resolution shall take effect upon adoption in accordance with
4.04 of the Dublin Revised Charter.
yor — PresidirkJOfFicer
ATTEST:
Clerk of Council
n
Kesolutitri s of Intent to Appropriate — Sanitary Sewer and Water Line Extensions — Areas 4A, 4Bf 4C and
Bright Road Cul -De -Sac (18-019-CIP, 18-020-CIP)
August 23, 2018
Page 2 of 3
Cliffs Drive to the east approximately 190 feet; and along Bright Road west of Macbeth Drive
approximately 560 feet. The water line extension portion of this Project will serve 48 existing
parcels of which 43 parcels have an existing well,, while the sanitary sewer extension portion will
serve 43 existing parcels of which 38 parcels currently have various types of existing home sewage
treatment systems (HSTS).
The Project requires the acquisition of property interest from 18 property owners along Riverside
.J
Drive, Bright Road, and Grandee Cliffs Drive. The City will participate in good faith discussions anu
hopes to arrive at mutually agreeable terms with property owners. The policy on public water ani
sanitary sewer utility extensions adopted by City Council requests that property owners donate to
the City the perpetual utility easements needed to construct and maintain the utility extensions.
Two properties, Parcel 8 and 9. will be impacted by the Bright Road cul-de-sac roadway
construction and will require storm sewer relocation. These properties impacted by the cul-de-sac
were appraised to determine the fair market value of the proposed right-of-way and utility
easements. Parcel 12 is owned by the Dublin School District and the acquisition from it will be
Resolutions of Intent to Appropriate — Sanitary Sewer and Water Line Extensions — Areas 4A, 4B, 4C and
Bright Road Cul -De -Sac (18-019-CIP, 18-020-CIP)
August 23, 2018
Page 3 of 3
Good Faith Offer Letters along with appraisal information were recently sent to the five property
owners. To date, the City has been in communication with four of the property owners. The City is
hopeful that an amicable resolution can be reached with the property owners; however, these
Resolutions begin the eminent domain process in the event that negotiations are unsuccessful.
Staff recommends approval of Resolution Nos. 51-18 through 55-18 to allow the Project to
continue moving forward.
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DATE: 08/16/2018
its Of Dublin
OHIO, USA
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/ PROP. SANITARY SEWER
2" WATER
PROP. WATER LINE
JEN41APROP.G EM CUL-DE-SAC
_ ERALD PAR AY AREA BOUNDARY
1-270
LOCATION MAP
SANITARY SEWER AND WATERLINE
EXTENSIONS -AREAS 4A, 4B, 4C AND
BRIGHT ROAD CUL-DE-SAC
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PARCEL NUMBER t
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------ - 1-270 LL
SCALE: V= 400'
0 200 400 800
Parcel 9 -WD
SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C
AND BRIGHT ROAD CUL-DE-SAC
RIGHT-OF-WAY ACQUISITION
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 City of Dublin, County of Franklin, State of Ohio; also being a part of Lots
13 and 17, Quarter -Township 2, Township 2, Range 19 United States Military Lands; also
being a part of a 17.370 tract as conveyed to Thomas A. McDowell (50% interest) and
Diane A. Hornung (50% interest) as described in Official Record 31142 H-08 Parcel # 5;
being more particularly described as follows:
Beginning at a MAG nail set at the intersection of the centerline of Bright Road (County
Road #166; 35' right-of-way) and the centerline of Riverside Drive (State Route #257, 80'
right-of-way), said point being the northwesterly corner of said 17.370 acre tract, said
point also being the TRUE POINT OF BEGINNING, and from said beginning point
running thence,
Along the centerline of Bright Road and the northerly line of said 17.370 acre tract, said
line being parallel and 10.00' northerly of the southerly right-of-way line of Bright Road,
South 88° 2721" East for a distance of 695.16'to a MAG nail set at the northeasterly
corner of said 17.370 acre tract, also being the northwesterly corner of a 18.835 acre
tract, the remainder of a 21.411 acre tract as conveyed to City of Dublin as described in
Instrument No. 201011230159006, said point also potentially being the northwesterly
corner of the residual of a 19.41 acre tract as conveyed to O. Josephine Holder, LLC as
described in Official Record 34266 B-09; thence,
Along a portion of the easterly line of said 17.370 acre tract and a portion of the westerly
line of said 18.835 acre tract and potentially the residual of said lands of O. Josephine
Holder, LLC, South 02° 31-'46" West for a distance of 10.00' to a point witnessed by
an iron pin found with a "PATRIDGE" identifier cap that bears North 500 23' 12" East for
a distance of 0.48' from said point; thence,
Along a line through said 17.370 acre tract, parallel and 10.00' distant to the centerline of
Bright Road and the northerly line of said 17.370 acre tract, North 880 27'21" West for
a distance of422.56'to an iron pin set; thence,
Along a line through said 17.370 acre tract, South 450 09' 29" West for a distance of
108.80" to an iron pin set at a point of curvature; thence,
Along a line through said 17.370 acre tract following a curve to the right having an arc
length of 64.77; a radius of 80.00" a central angle of 046° 23' 10", and a chord that
bears South 680 21'04" West for a distance of 63.01' to an iron pin set at a point of
tangency; thence,
Along a line through said 17.370 acre tract, North 88° 27' 21" West for a distance of .0
146.36'to a MAG nail set, passing over an iron pin set at a distance of 50.09' from 'hey""
terminus of this course; thence,
Along a portion of the westerly line of said 17.370 acre tract and along the centerline of
Riverside Drive, North 050 01' 18" East for a distance of 113.80' to the point of
beginning, containing 0.696 acres of land, more or less, of which 0.279 acres is within the
Present Road Occupied (P.R.O.), as determined by Michael L. Keller, Professional
Surveyor, Ohio License No. 7978, based on a survey performed by The Kleingers Group
in February, 2018.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-
NSRS2007), with a portion of the centerline of Bright Road being South 880 27' 21" East
based on a GPS survey utilizing CORS Station "COLB".
Iron pins set are 5/8" diameter rebar, 30" in length, with plastic identifier caps stamped
`THE KLEINGERS GROUP".
Subject to any easements, restrictions, covenants, ordinances or agreements of record.
♦♦�OF 0
MICHAEL
L.
KELLER
7978
STOO. •s0
StONAI S
1��
Michael L. Keller Date
Professional Surveyor, Ohio License No. 7978
�DIaCRIPTION VERIFIED
CORNELL R. RnRr.•.RnON. P.P.., P.S.
eY = •
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SPT"
b,(AcP
Ochi of
ao83ac�
INSPIRED PEOPLE ' CREATIVE DESIGN - TRANSFORMING COMMUNITIES
LOTS 13 & 17, i TWP 2, TWP 2, R 19 USML; CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
L - - -R�w P. O. B.
�RIVERSIDEDRIVE-NO5001'18'E
(S. R 257,- 80,R/W) C,L - - ° -
273-008396-00
THOMASA. MCDOWELL (50% INTEREST)
DIANEA. HORNUNG (50% INTEREST)
0 RIVERSIDE DR
OR 31942 H-08
PARCEL #5
17.370 ACRES
Rd C/C /lF RFd RlAI(]C•
BEARINGS ARE BASED ON THE STATE PLANE
COORDINATE SYSTEM, OHIO SOUTH ZONE
(NAD83-NSRS2007) WITHA PORTION OF THE CENTERLINE
OF BRIGHT ROAD BEING S 88'27'2 1 " E BASED ON
GPS SURVEY UTILIZING CORS STATION "COL B".
LEGEND
• 5/8" CAPPED IRON PIN SET
0 MAG NAIL SET
O 5/8" IRON PIN FOUND
10.00'
F25.00'
I � Z
=m�X.
9 -WD
��rno
8 I, o
RIGHT -OF -WA YACQUISITION
TOTAL = 0.696 ACRES
o
P.R.O. = 0.279ACRES
'
NET = 0.497ACRES
Rd C/C /lF RFd RlAI(]C•
BEARINGS ARE BASED ON THE STATE PLANE
COORDINATE SYSTEM, OHIO SOUTH ZONE
(NAD83-NSRS2007) WITHA PORTION OF THE CENTERLINE
OF BRIGHT ROAD BEING S 88'27'2 1 " E BASED ON
GPS SURVEY UTILIZING CORS STATION "COL B".
LEGEND
• 5/8" CAPPED IRON PIN SET
0 MAG NAIL SET
O 5/8" IRON PIN FOUND
10.00'
F25.00'
I � Z
O 9 " IRON PIPE FOUND PATRIDGE CAP
N50°23'12"E 0.48'
FROM CORNER
P/L
10
273-008414-00
CI TY OF DUBLIN
4729 BRIGHT RD
IN. 201011230159006
21.411 ACRES (ORIGINAL)
18.835ACRES (RESIDUAL)
. •O.
MICHAEL
= L.
KELLER
z 7978
t p
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1
11
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0. JOSEPHINE 10.00'
HOLDER, LLC
OR 34266 B-09
POSSIBLE RESIDUAL
OF 19.41 ACRE TRACT I
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mom Iv�zo
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273-008737-00
ROBERT C. & ✓OETTA L. BODE
4760 BRIGHT RD
I DB 3579 PG 311
I 1.703 ACRES
P/L
273-008734-00
TODD L. & JENNIFER L. BRENEMAN
4740 BRIGHT RD
OR 8363 C-13
1.70 ACRES
P/L
273-009139-00
JP FAULKNER
4700 BRIGHT RD
IN. 200201080007724
IN.200303130074520
3.371 ACRES
l
HEREB Y CERTIFY THAT THIS PLAT IS BASED
UPON FIELD SURVEY MADE UNDER MY DIRECTION.
MICHAEL L. KELLER
OHIO PROFESSIONAL SURVEYOR NO. 7978
CIVIL ENGINEERING
- SURVEYING
(LANDSCAPE
ARCHITECTURE
THE www.kleingers.com
K L E I N G E RS 350 Worthington Rd
Suite e
Westerville. OH 43082
614.882.4311
EXHIBIT B
PARCEL 9 -WD
SANITARY SEWER AND
WATER LINE
EXTENSIONS -AREAS 4A,
413, 4C AND BRIGHT ROA,
CUL-DE-SAC
PROJECT N0:
DATE
DATE
170474.000
6/14/18
SCALE: 1"= 100'
INN
0 50 100 200
SHEET N0.
1 OF 1
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00
moo.
'moo- �
�-
O 9 " IRON PIPE FOUND PATRIDGE CAP
N50°23'12"E 0.48'
FROM CORNER
P/L
10
273-008414-00
CI TY OF DUBLIN
4729 BRIGHT RD
IN. 201011230159006
21.411 ACRES (ORIGINAL)
18.835ACRES (RESIDUAL)
. •O.
MICHAEL
= L.
KELLER
z 7978
t p
.
1
11
ti
ti
0. JOSEPHINE 10.00'
HOLDER, LLC
OR 34266 B-09
POSSIBLE RESIDUAL
OF 19.41 ACRE TRACT I
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03
"4
�c\n000'
mom Iv�zo
I
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P/L o
273-008737-00
ROBERT C. & ✓OETTA L. BODE
4760 BRIGHT RD
I DB 3579 PG 311
I 1.703 ACRES
P/L
273-008734-00
TODD L. & JENNIFER L. BRENEMAN
4740 BRIGHT RD
OR 8363 C-13
1.70 ACRES
P/L
273-009139-00
JP FAULKNER
4700 BRIGHT RD
IN. 200201080007724
IN.200303130074520
3.371 ACRES
l
HEREB Y CERTIFY THAT THIS PLAT IS BASED
UPON FIELD SURVEY MADE UNDER MY DIRECTION.
MICHAEL L. KELLER
OHIO PROFESSIONAL SURVEYOR NO. 7978
CIVIL ENGINEERING
- SURVEYING
(LANDSCAPE
ARCHITECTURE
THE www.kleingers.com
K L E I N G E RS 350 Worthington Rd
Suite e
Westerville. OH 43082
614.882.4311
EXHIBIT B
PARCEL 9 -WD
SANITARY SEWER AND
WATER LINE
EXTENSIONS -AREAS 4A,
413, 4C AND BRIGHT ROA,
CUL-DE-SAC
PROJECT N0:
DATE
DATE
170474.000
6/14/18
SCALE: 1"= 100'
INN
0 50 100 200
SHEET N0.
1 OF 1
Parcel 9-U
SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C
AND BRIGHT ROAD CUL-DE-SAC
PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES,
STORM DRAINAGE AND GRADING
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO
Situated in the City of Dublin, County of Franklin, State of Ohio; also being a part of Quarter -Township 2,
Township 2, Range 19 United States Military Lands; also being a part of Franklin County Auditor's tax
parcel number 273-008396, a 17.370 tract as conveyed to Thomas A. McDowell (50% interest) and Diane
A. Hornung (50% interest) as described in Official Record 31142 H-08 Parcel # 5; being more particularly
described as follows:
Beginning at the intersection of the westerly line of said 17.370 acre tract and the southerly right-of-way
line of Bright Road (County Road #166; 35' right-of-way); thence,
Along a portion of the westerly right-of-way line of said 17.370 acre tract, South 02° 31' 46" West for a
distance of 20.00'to a point; thence,
Along a line through said 17.370 acre tract, parallel and 20.00' distant to the southerly right-of-way line of
Bright Road, North 880 27' 21" West for a distance of 441.27' to a point; thence,
Along a line through said 17.370 acre tract, North 450 09' 29" East for a distance of 27.62' to a point;
thence,
Along a line through said 17.370 acre tract and along the southerly right-of-way line of Bright Road, South
88° 27'21" East fora distance of 422.56'to the point of beginning, containing 0.198 acres of land, more
or less.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), with a
portion of the centerline of Bright Road being South 88° 27'21 " East based on a GPS survey utilizing CORS
Station "COLB".
Subject to any easements, restrictions, covenants, ordinances or agreements of record.
Oai,�11►Rr1 �. • • •••
pF0
WME
L.ER
KF.I-
,� T978 O
s10W.
Michael L. Keller
Professional Surveyor, Ohio License No. 7978
2///C13
INSPIRED PEOPLE „` CREATIVE DESIGN `"',TRANSFORMING COMMUNITIES
a TWP 2, TWP 2, R 19 USML; CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
273-009139-00
JP FAULKNER
4700 BRIGHT RD
IN. 200201080007724
IN. 200303130074520
3.371 ACRES
I
P.O.B. S 2VIV6°W
I
U
P/L °
� I
273-008734-00
TODD L. & JENNIFER L. BRENEMA
4740 BRIGHT RD
OR 8363 C-13
1.70 ACRES
U
I
� I
P/L I
h '4
273-008737-00
I z
ROBERT C. & JOETTA L. BODE
a
I
4760 BRIGHT RD
DB 3579 PG 311
1.703 ACRES
I
�
�
I
° P/L
O
M
273-008762-00
CIO
I
JOHN E. & SALL Y S. LEPPERT
4780 BRIGHT RD
IN. 201311060186158
iv 1.357ACRES
l
d�
Is
U
I I
273-008414-00
CITYOFDUBLIN
4729 BRIGHT RD
IN. 201011230159006
21.411 ACRES (ORIGINAL)
L8.835 ACRES (RESIDUAL)
P/L
O
273-008396-00
THOMASA. MCDOWELL (50% INTEREST)
DIANEA. HORNUNG (50% INTEREST)
0 RIVERSIDE DR
OR 31142 H-08
PARCEL #5
17.370ACRES
--- 9-U
PERPETUAL EASEMENT FOR
THE CONS TRUC TION AND
MAINTENANCE OF PUBLIC
UTILITIES, STORM DRA INA GE
AND GRADING
0.198 ACRES
BASIS OFBEARINGS:
BEARINGSARE BASED ON THE STATE PLANE COORDINATE
SYSTEM, OHIO SOUTHZONE(NAD83-NSRS2007) WITHA PORTION
OF THE CENTERLINE OFBRIGHT ROAD BEING S 88° 27'21 "E
BASED ONA GPS SURVEYUTILIZING CORS STATION'COLB".
OF
O ..
! MICHAEL
a L.
• KELLEI•
797F •p LER
MICHAEL L. K,5L l CeC l �r l
'''•cSS10NA1-`'�� OHIO PROFESSIONAL SURVEYOR NO. 7978 GATE
EXHIBIT B PROJECTNO: 170474.000
PARCEL 9-U DATE: 6/21/18
I CIVIL ENGINEERING SANITARY SEWER SCALE: 1"=60'
I SURVEYING
;LANDSCAPE AND WATER LINE _
"
ARCHITECTURE EXTENSIONS -AREAS 0 30 60 120
THE w..kleingers.com
K L E 1 N G E RS suit Worthington Rd 4A3 4B, 4C AND SHEET NO.
61off 43082 BRIGHT ROAD 1 OF 1
i 614.882.434.882.43 11
CUL-DE-SAC
DATE: 06/15/2018
City of Dublin
OHIO, USA
PROPOSED PERPETUAL
PUBLIC UTILITY EASEMENT
9-U. 0.198 Ac.
9 -WD, 9-U
SANITARY SEWER AND
WATERLINE EXTENSIONS -
AREAS 4A, 4% 4C AND
BRIGHT ROAD CUL-DE-SAC
DUBLIN, OHIO 43016
SCALE: V= 200'
0 700 200 400
ORCHARD CREST CT
273-008762-00 0
273-009139-00
273-008654-00
ww N
N
BRIGHT ROAD
ww
ww-
273-008804-00
9
U
W
9
WD
273-008611-00
p
O
W
p
273-008396-00
U)
THOMAS A. MCDOWELL
w
(50% INTEREST)
R
>
DIANEA. HORNUNG
f �►
(50% INTEREST)
273-008414-00
273-009098-00
0 RIVERSIDE DR
440
OR 31142 H-08
PARCEL #5
17.370ACRES
273-009097-00
R
273-008600-00
R
R
LEGEND
PROPOSED
RIGHT-OF-WAY
9 -WD:
TOTAL = 0.696 Ac.
273-009067-00
P. R.O. = 0.279 Ac.
NET =0.417 Ac
DATE: 06/15/2018
City of Dublin
OHIO, USA
PROPOSED PERPETUAL
PUBLIC UTILITY EASEMENT
9-U. 0.198 Ac.
9 -WD, 9-U
SANITARY SEWER AND
WATERLINE EXTENSIONS -
AREAS 4A, 4% 4C AND
BRIGHT ROAD CUL-DE-SAC
DUBLIN, OHIO 43016
SCALE: V= 200'
0 700 200 400