Loading...
Resolution 051-18RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No. 51-18 Passed A RESOLUTION OF INTENT TO APPROPRIATE A 0.336 -ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS; A 0.068 -ACRE PERPETUAL PUBLIC UTILITY EASEMENT; AND A 0.047 -ACRE PERPETUAL PUBLIC UTILITY EASEMENT FROM JOHN E. AND SALLY S. LEPPERT, FROM THE PROPERTY LOCATED AT 4780 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") 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 two perpetual public utility easements from the parcel identified as Franklin County Parcel Number 273- 008762-00, owned by John E. Leppert and Sally S. Leppert, 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 0.336 -acre fee simple warranty deed for right-of-way, without limitation to existing access rights; a 0.068 -acre perpetual public utility easement; and a 0.047 -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 B, and this notice shall be served according to law. Sectioti This Resolution all take effect upon adoption in accordance with 4.04 a) of the Dublin Revised harter. e d t h i Its 2018. Mfiyor — Prejiqlfing Officer TTEST: Clerk of Council �, a. _ � �.. _., ,, 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 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 Drive, Bright Road, and Grandee Cliffs Drive. The City will participate in good faith discussions and hopes to arrive at mutually agreeable terms with property owners. The policy on public water and 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. 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. Uj A N fLL Ape t -F: . ........ 0 0u_r I 0 IU cr- C/) co C) 0 < 3RIGH T RD BRIGHT RD a) 8 'VVs ............. .. T 8" WATEI i I I U PROP. BRIGHTr-'U t�''' i LU CUL-DE-SAC ui LUUJ*i 1-270'_____— DATE: 08/16/2018 Clot of Dublin OHIO, USA LEGEND, 8" SANITAR.". PROP. SANITARY SEWER 2" WATER PROP. WATER LINE E I N A 4C PROP. CUL-DE-SAC J EMERALD PAR AY AREA BOUNDARY PARCEL NUMBER LOCATION MAP SANITARY SEWER AND WATERLINE EXTENSIONS -AREAS 4A, 4B9 4C AND BRIGHT ROAD CUL-DE-SAC 1-270 SCALH: 400' 0 200 400 000 EXHIBIT A Parcel 8 -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 Lot 17, Section 2, Township 2, Range 19 United States Military Lands; also being a part of Franklin County Auditor's tax parcel number 273-008762, a 1.357 acre tract as conveyed to John E. & Sally S. Leppert as described in Instrument No. 201311060186158; being more particularly described as follows: Beginning at an iron pin set at the intersection of the northerly right-of-way line of Bright Road (County Road #166, 35' right-of-way) and the easterly right-of-way line of Riverside Drive (State Route # 257; 80' right-of-way), said point being the TRUE POINT OF BEGINNING, and from said beginning point running thence, Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, South 88° 27'21" East for a distance of 306.76'to an iron pin set along the easterly line of said 1.357 acre tract, also being along the westerly line of a 1.703 acre tract as conveyed to Robert C. & Joetta L. Bode as described in Deed Book 3579 Page 311; thence, Along a portion of the easterly line of said 1.357 acre tract and a portion of the westerly line of said 1.703 acre tract, South 010 40'36" West for a distance of 25.01'to a MAG nail set, said point being the southeasterly corner of said 1.357 acre tract and the southwesterly corner of said 1.703 acre tract and along the centerline of Bright Road; thence, Along the southerly line of said 1.357 acre tract and along the centerline of Bright Road, North 88° 27' 16" West for a distance of 348.30'to a MAG nail set, said point being the southwesterly corner of said 1.357 acre tract and within the right-of-way of Riverside Drive, said point also being the southeasterly corner of River Knolls Addition as recorded in Plat Book 23 Page 33; thence, Along the westerly line of said 1.357 acre tract and along a portion of the easterly line of said River Knolls Addition along a line parallel and 10.00' distant to the centerline of Riverside Drive, North 050 01'18" East fora distance of 173.26'to a MAG nail set, said point being the northwesterly corner of said 1.357 acre tract; thence, Along a portion of the northerly line of said 1.357 acre tract, South 880 06' 15" East for a distance of 40.06' to an iron pin set, said point being the intersection of the northerly line of said 1.357 acre tract and the easterly right-of-way line of Riverside Drive; thence, Along a line through said 1.357 acre tract and along the easterly right-of-way line of Riverside Drive, South 05° 01' 18" West for a distance of 147.96' to the point of beginning, containing 0.336 acres of land, more or less, of which 0.336 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. •';�� ,/00, 0 /t, a�l Michael L. Keller Professional Surveyor, Ohio License No DESCRIPTION VERIFIED CORNL-LL R. ROBERTSON. P F. P.S. 7978 0.33(c AC 'J, Date INSPIRED PEOPLE ' CREATIVE DESIGN "TRANSFORMING COMMUNITIES LOT 17, SEC 2, TWP 2, R 19 USML; CITY OF DUBLIN, FRANKLIN COUNTY, OHIO BASIS OF BEARINGS: Q) BEARINGS ARE BASED ON THE STATE PLANE COORDINATE n SYSTEM, OHIO SOUTHZONE (NAD83-NSRS2007) WITHA PORTION -� OF THE CENTERLINE OF BRIGHT ROAD BEING S 88°27'29"E p O BASED ONA GPS SURVEY UTILIZING CORS STATION "COLB" _ o C) I RIVER KNOLLS m b ADDITION _ Cn PB 23 PG 33 _ o RlI/ERSIDEDRIVE ~ (S R, 257,• 80'R/W) N05°01'18E 973.26' —CIL — _ o 0 0 0 S05°°09'98"VVR' 947.96' R/w 90.00' 25.00' O y p O O W W< 4 y ") A& iw I a-) O �oo�ti '450 On o�:�­o I- w npN�n� `� Z m ao�'rom�oO Ocrnn � o ti il.5 N3 I o R5 I r w Z � m ZZ :70 LEGEND p To 0 5/8" CAPPED IRON PIN SET I A A MAG NAIL SET I O 5/8" IRON PIN FOUND O I " IRON PIPE FOUND )F '•. S01 °4036"W ROBERT C. & JOETTA L. BODE 0 ��Q'.,..►�-"~"'�,.,ti�0 '•,' I 25.09' DB 3579 PG 391 f MICHAEL 11 I I I 1.703 ACRES 7978 11y p. -7 .31/x' OMICHAEL L, SS/paA� � ELLER DATE OHIO PROFESSIONAL SURVEYOR N0. 7978 EXHIBIT B PROJECTNO: 170474.000 PARCEL 8-1.1 DATE: 7/02/18 !CIVIL ENGINEERINGSANITARY SEWER SCALE.' 7"=50' THE KLEINC.7 ERs GROUP j SURVEYING LANDSCAPE ARCHITECTURE ' ww.kleingers.com Worthington Rd sw�°e s 4.882,43,OH430E2 AND WATER LINE EXTENSIONS -AREAS 4A, 4B, 4C AND BRIGHT ROAD _ 0 25 50 100 sHEErNo. I OF1 CUL-DE-SAC :*:/:11:3111re1 Parcel 8-U 1 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 Lot 17, Section 2, Township 2, Range 19 United States Military Lands, also being a part of Franklin County Auditor's tax parcel number 273-008762, a 1.357 acre tract as conveyed to John E. & Sally S. Leppert as described in Instrument No. 201311060186158, being more particularly described as follows: Beginning at the intersection of the easterly right-of-way line of Riverside Drive (State Route #257, 80' right- of-way) and the northerly right-of-way line of Bright Road (County Road #166, 35' right-of-way), said point being the TRUE POINT OF BEGINNING, and from said beginning point running thence, Along a line through said 1.357 acre tract and along the easterly right-of-way line of Riverside Drive, North 050 01' 18"East fora distance of 147.96'to a point, thence, Along a portion of the northerly line of said 1.357 acre tract, South 880 06' 15" East for a distance of 20.03'to a point, thence, Along a line through said 1.357 acre tract and along a line parallel and 20.00' distant to the easterly right- of-way line of Riverside Drive, South 050 01'18" West fora distance of 147.84'to a point, thence, Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, North 880 27'21" West fora distance of 20.04'to the point of beginning, containing 0.068 acres of land, more or less. Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), based on a GPS survey utilizing CORS Station "COLB". Subject to any easements, restrictions, covenants, ordinances or agreements of record 5, OF 0y�o MICHAEL L. K978R \\� QVPI.y'// Professional Surveyor, Ohio License No. 7978 INSPIRED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES LOT 17, SEC 2, TWP 2, R 19 USMLI CITY OF DUBLIN, FRANKLIN COUNTY, OHIO BASISOFBEAR/NGS: BEAR/NGSAREBASED ON THESTATEPLANE COORDINATE SYSTEM, OHIO SOUTHZONE (M083-NSRS2007) W/THA PORTION OF THE CENTERLINE OF RIVERSIDE DRIVE BEING N050 01' 18°ERASED ONA GPS SURVEY UTILIZING CORS STATION COLS". I I I I I I I 273-008730-00 I TAMARA L. BROWN 725ORIVERSIDEDR OR 278871--17 S88006'15'E 1.038ACRES 20.03' P2 I 8-U1 r PERPETUAL EASEMENT 2000 FOR THE CONSTRUCTIONAND a MAINTENANCE OF A 762-00 W - W PUBLIC UTILITIES, JOHME. & �Y L PPERT STORMDRAINAGEAND 4780BRIGHTRD h o GRADING /N. 201311060186158 0.068 ACRES 1.357ACRES I 30.00' 50.00' I I I I P.O.B. N882771TV$ P'W — — — — 20.04' N _ BRIGHT ROAD (C.R. 166, 3b'RANJ— I S O 273-008395-00 I THOMAS A. MCDO WELL I 0 RIVERS/DEDR OR 31142 H-08 PARCEL #5 17.370ACRES I i E OF Oy�o MICHAEL K978R 7/03/18 MICHAEL L. p OHIO PROFESSIONAL SURVEYOR N0. 7978 LER DATE EXHIBIT B PROJECTNO. 170474.000 PARCEL S -U1 DATE.' 7103/1S _ CML ENGINEERING SURVEYING SURVEYING SANITARY SEWER Sa4LE-' +"_50' AND WATER LINE _ MCHIleingers.com MRE EXTENSIONS -AREAS o 25 so 100 THE KLEI NGERS M Min9b�Rd 4A, 4B, 4C AND SHEETNO. GROUP B,V3�MI4N,j,'OH63082 BRIGHT ROAD 1 OF 1 CUL-DE-SAC :*:/:11:3111re1 Parcel 8-U2 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 Lot 17, Section 2, Township 2, Range 19 United States Military Lands, also being a part of Franklin County Auditor's tax parcel number 273-008762, a 1.357 acre tract as conveyed to John E. & Sally S. Leppert as described in Instrument No. 201311060186158, being more particularly described as follows: Commencing at the intersection of the easterly right-of-way line of Riverside Drive (State Route #257, 80' right-of-way) and the northerly right-of-way line of Bright Road (County Road #166, 35' right-of-way), thence, Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, South 880 27' 21" East fora distance of 20.04'to a point, said point being the TRUE POINT OF BEGINNING, and from said beginning point running thence, Along a line through said 1.357 acre tract, North 050 01' 18" East for a distance of 15.53' to a point, thence, Along a line through said 1.357 acre tract, South 610 48' 20" East for a distance of 12.27' to a point, thence, Along a line through said 1.357 acre tract, parallel and 10.00' distant to the northerly right-of-way line of Bright Road, South 880 27' 21" East fora distance of 188.78'to a point, thence, Along a line through said 1.357 acre tract, South 010 32' 33" West fora distance of 10.00' to a point, thence, Along a line through said 1.357 acre tract and along the northerly right-of-way line of Bright Road, North 880 27'21" West fora distance of200.69'to the point of beginning, containing 0.047 acres, more or less. Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), based on a GPS survey utilizing CORS Station "COLB". Subject to any easements, restrictions, covenants, ordinances or agreements of record 5, OF 0y�o MICHAEL L. K978R Michael L. Keller Professional Surveyor, Ohio License No. 7978 7/03/18 Date INSPIRED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES LOT 17, SEC 2, TWP 2, R 19 USMLI CITY OF DUBLIN, FRANKLIN COUNTY, OHIO BASISOFBEAR/NGS: BEAR/NGSAREBASED ON THESTATEPLANE COORDINATE SYSTEM, OHIO SOUTHZONE (M083-NSRS2007) W/THA PORTION OF THE CENTERLINE OF RIVERSIDE DRIVE BEING N050 01' 18°ERASED ONA GPS SURVEY UTILIZING CORS STATION COLS". I I I I '0. C.Ah,_ err S88 2771 E/ 20.04' N P. q. I S -E OF 0 273-008730-00 TAMARA L. BROWN 725ORIVERSIDEDR OR 278871--17 1.038ACRES PERPETUAL EASEMENT FOR THE CONSTRUCTIONAND MAINTENANCE OF PUBLIC UTILITIES, STORMDRAINAGEAND GRADING 0.047ACRES S88°2721E 188.78' L1.j1 N88 2721'W 200.69' 273-008762-00 JOHNE. & SALLYS LEPPERT 4780 BRIGHT RD IN. 201311060186158 1.357ACRES BRIGHT ROAD ,..R. 166 35'RANJ - -�-P2 ---plw-- 273-008395-00 THOMAS A. MCDO WELL 0 RIVERS/DEDR OR 31142 H-08 PARCEL #5 17.370ACRES MICHAEL L. "KELLER OHIO PROFESSIONAL SURVEYOR N0. 7978 I 7/03/18 DATE EXHIBIT B PROJECTNO. 170474.000 PARCEL S -U2 DATE.' 7M MS _ CML ENGINEERING SURVEYING SURVEYING SANITARY SEWER Sa4LE-' +"_50' AND WATER LINE _ MCHIlECMRE.com EXTENSIONS -AREAS o 25 so 100 THE KLEI NGERS M Min9b�Rd 4A, 4B, 4C AND SHEETNO. GROUP B,V3�MI4N,j,'OH63082 BRIGHT ROAD 1 OF 1 CUL-DE-SAC 273-008737 ' R s. 273-008730 273-008653 i 5 0 273-008762-00 JOHN E. & SALLY S. LEPPERT 4780 BRIGHT RD IN. 201311060186158 1 1.357ACRES (ORIGINAL) 1.019 ACRES (REMAINDER) I I I I I 8 1 U2 1 8 1 U1 1 8 1 WD 1 iwa DATE: 07/03/2018 City of Dublin OHIO, USA 273-008654 LEGEND PROPOSED RIGHT-OF-WAY 8 -WD: GROSS = 0.336 Ac. P.R.O. = 0.336 Ac. NET = 0.000 Ac. PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT 8-U 1: 0.068 Ac. PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT 8-U2: 0.047 Ac. 0 273-008396 RSIDE DRIVE w- 273-008804 8 -WD, 8-U1, 8-U2 SANITARY SEWER AND WATERLINE EXTENSIONS - AREAS 4A, 4% 4C AND BRIGHT ROAD CUL-DE-SAC DUBLIN, OHIO 43016 Mrd 273-008611 SCALE: 1"= 50' 0 25 50 100