Ordinance 092-18RECORD OF ORDINANCES
BARRETT BROTHERS • DAYTON, OHIO Form 6220S
Ordinance No. 92-18 Passed
AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT
NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO
ACQUIRE A 0.086 -ACRE STANDARD HIGHWAY EASEMENT AND
A 0.007 -ACRE TEMPORARY CONSTRUCTION EASEMENT FROM
P. MICHAEL HOUSER AND JUDY FAYE HOUSER, LOCATED AT
5504 AVERY 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'; and
WHEREAS, the Project requires that the City obtain a standard highway easement
and a temporary easement from the parcel identified as Franklin County parcel number
274-000081, owned by P. Michael Houser and Judy Faye Houser (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 interests for the sum of $15,424.00; 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 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 and accept all
necessary documents to acquire a 0.080 -acre Standard Highway Easement and a
0.007 -acre Temporary Construction Easement from P. Michael Houser and Judy Faye
Houser, for $15,424.00, said property interest located within the parcel identified as
Franklin County parcel number 274-000081, and more fully described 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
Revised Charter.
Passed thi day of 2018.
Vice Mayor — Presiding Officer
ATTEST:
Clerk of Council
io: Members of Dublin City Council
From.& Dana McDaniel, City Mana
I
Ini"U"ated By*. Paul A. Hammersmith, Director of Engineering
I
Jean -Ellen Willis I I Engineering Manager — Transportation
Philip K. Hartmann, Assistant Law Director
Re,* Ordinance Nos. 90-18 through 95-18
Acquisition of Right -of -Way and Easements
Tuttle Crossing Boulevard Extension and Avery Roalt
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 Roadf Cara Road,, and Cara Court.
Acqut'sim'U'on
The City, through its acquisition agent, has come to mutually agreeable terms with multiple
property owners in connection with the Project. The property acquisitions from these owners
consists of the following property interests from the named property owners, as depicted in tht
map attached hereto:
Ord. 90-18 through 95-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Boulevard
Extension and Avery Road Improvements
November 27, 2018
Page 2 of 3
Property Owner
Property Interests
Auditor
Acquisition Price
Parcel ID
Number
Emmanuel Sanchez-Carballo
0.306 acre R/W including
274-000113
$61,245
and Yuko Sanchez
0.233 acre P. R.O.
(Parcel 27 -
0.025 acre Standard
6169 Cara Road)
Highway Easement
0.069 acre Temporary
Construction Easement
Mary Jo Reimann
0.011 acre Temporary
274-000093
$300
(Parcel 39 -
Construction Easement
5526 Cara Court
P. Michael Houser and Judy
0.086 acre Standard
274-000081
$15,424
Faye Houser
Highway Easement
(Parcel 43 -
0.007 acre Temporary
5504 Avery Road)
Construction Easement
Lynn M. Gray, Trustee of the
0.054 acre R/W
274-000079
$30.r091
Lynn M. Gray Revocable Trust
0.086 acre Standard
Agreement
Highway Easement
Parcel 45 — 5544 Avery Road
Karen Marie Sharp and Michael
0.199 acre R/W including
274-000070
$224,000
R. Sharp
0.106 acre P. R.O.
(Parcel 47 -
0.458 acre WD to be
5555 Avery Road)
converted to Standard
Highway Easement
John D. Kormanik and Sharon
0.30 acre Standard
274-000090
$5,900
L. Kormanik
Highway Easement
(Parcel 38 -
5527 Cara Court
P. R. O, stands for Present Road Occupied, which means that this portion of the acquisition is already encumbered with a
roadway easement.
The details regarding each property acquisition is as follows:
Emmanuel Sanchez-Carballo and Yuko Sanchez: The property is located on the south side of
Cara Road, east of Avery Road, at 6169 Cara Road, Dublin, Ohio 43016. The City participated in
good faith discussions with Emmanuel Sanchez-Carballo and Yuko Sanchez, resulting in mutually
agreeable terms for the acquisition of the property interest for the appraised value, which was
$61,245.
Mary Jo Reimann: The property is located on the east side of Cara Court, north of Cara Road, at
5508 Cara Court, Dublin, Ohio 43016. The City participated in good faith discussions with Mary Jo
Reimann, resulting in mutually agreeable terms for the acquisition of the property interest for the
appraised value, which was $300.
P. !Michael Houser and Judy Faye Houser: The property is located on the east side of Avery
Road, north of Cara Road, at 5504 Avery Road, Dublin, Ohio 43016. The City participated in good
faith discussions with P. Michael Houser and Judy Faye Houser resulting in mutually agreeable
terms for the acquisition of the property interest for $15,424., which is 6.0% above the appraised
value of $14,549.
Ord. 90-18 through 95-18 — Acquisition of Right -of -Way andis for Tuttle Crossing Boulevard
Extension and Avery Road Improvements
November 27,, 2018
Page 3 of 3
These Ordinances authorize the City Manager
necessary conveyance documents to formally acquire the necessary property interests from eaci,
property owner,
Staff recommends adoption of Ordinance Nos. 90-18, 91-18,F 92-18, 8
the second reading/public hearing on January 8, 2019, as these ordinances authorize the City
Manager to execute all necessary conveyance and contract documents to formally accept the
necessary
"` e..aproperty ere described
eb'". ,rig #"ov..
EXHIBIT A Page 1 of 2
LPA RX 871 SH Rev. 06/09
Ver. Date 324/2017 PID 99815
PARCEL 43 -SH
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
PERPETUAL EASEMENT FOR HIGHWAY PURPOSES
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
An exclusive perpetual easement for public highway and road purposes, including, but not
limited to any utility construction, relocation and/or utility maintenance work deemed
appropriate by the City Of Dublin, Ohio, Located In Franklin County, Ohio, its successors and
assigns forever.
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 Lot 4 of Miller Estates, as recorded in Plat
Book 43, Page 75, said Lot 4 being described in a deed to P. Michael Houser and Judy Faye
Houser, of record in Official Record 7069 F09, all records referenced herein are on file at the
Office of the Recorder for Franklin County, Ohio, being a parcel on the right side of the
proposed centerline of construction for Avery 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:
BEGINNING at a point on the existing east right-of-way line for Avery Road, as established by
said Plat Book 43, Page 75, said point being at the northwest comer of said Lot 4, being the
southwest comer of Lot 3 of said Miller Estates, said lot 3 being described in a deed to Kelly A.
Maynard and Joe E. Maynard, Sr., of record in Instrument Number 201412120165400,
(reference a 3/4" iron pipe bearing North 43 degrees 38 minutes 11 seconds West at a distance of
0.24 feet), said point being 64.78 feet right of Avery Road proposed centerline of construction
Station 129+67.03;
Thence North 83 degrees 49 minutes 20 seconds East, along the north line of said Lot 4 and
along the south line of said Lot 3, a distance of 25.00 feet to an iron pin set, said iron pin being
89.57 feet right of Avery Road proposed centerline of construction Station 129+70.31;
EXHIBIT A Page 2 of 2
LPA RX 871 SH Rev. 06/09
Thence South 05 degrees 05 minutes 40 seconds East, across said Lot 4, a distance of 150.00
feet to an iron pin set on the south line of said Lot 4, being on the north line of Lot 5 of said
Miller Estates, said Lot 5 being described in a deed to Felicia Quinn and John J. Quinn, of record
in Instrument Number 200910290156293, said iron pin being 106.39 feet right of Avery Road
proposed centerline of construction Station 128+21.25;
Thence South 83 degrees 49 minutes 20 seconds West, along the south line of said Lot 4 and
along the north line of said Lot 5, a distance of 25.00 feet to the southwest comer of said Lot 4,
being the northwest comer of said Lot 5, said point being on the existing east right-of-way line
for said Avery Road, (reference a 3/4" iron pipe bearing North 51 degrees 46 minutes 28 seconds
West at a distance of 0.36 feet), said point being 81.60 feet right of Avery Road proposed
centerline of construction Station 128+17.98;
Thence North 05 degrees 05 minutes 40 seconds West, along the existing east right-of-way
line for said Avery Road and along the west line of said Lot 4, a distance of 150.00 feet to the
TRUE POINT OF BEGINNING for this description.
The above described standard highway easement contains a total area of 0.086 acres located
within Franklin County Auditor's parcel number 274-000081.
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 standard highway easement was prepared under the direct supervision of
Brian P. Bingham, Registered Professional Surveyor No. 8438 on March 24, 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 ,,�punuyej
(
American Stmcturep�oiinnt, Inc. ��QE OF .. ?yz s
/� • f'/ r BRIAN P. q 4yl2or-7
Brian Ingham, P5 p GINGHAM
:. 8438 '0+ Date
Registered Professional Surveyor No. 8438 ' O.(�'• 9
�ONALSVP,•_`��
'r�hglu PSP
-
O ,096 •. ncscRt rn;> . ciurtEo
CORNELLR.kOe111,iSl L PG, P.S.
t•\\t4W� (�lawn.r.L�
O %Pt- OL BY
A
I hereby certify that: BRIAN P.
This drawing represents the results of an actual field survey E.U. BINGHAM
of the premises performed by American Structurepoint. Inc., and = y. 8436
istrue nd correct�P the best of my knowledge and belief. %0-.
ABrian P. Bingham, P.S. tN . 8438 Date �''�,S��NAL SV
American
.0
Exhibit "B"
Si1e -'"
Parcel
O�
�■ SiW ETUREPOINT
Tuttle Crossing
0.086 Ac.
°in'"s" JeY
43 -SH
sv: ere
City of Dublin, Ohio-�
Boulevard Ext.
Standard
Sheet
and Avery Road
Improvements
Highwayan:
1 of 1
xvmn
b,N"_: zoizameo
Lot 5
Miller Estates
Easement
b 20' 40'
Situated
in the State of Ohio
County
of Franklin, City
of Dublin
SCA®
Virginia
Military Survey No. 3004
I
PID: 274-000060
Kelly A.
Maynard and Joe E. Maynard, Sr.
I.N. 201412120165400
165400
iron pipe found
Bearings shown hereon are
based on
grid north as
Lot 3
3
iMiller
Ohio State Plane Coordinate
N83'49'20"E
Estates
and the
North American
Datumof 1983 (20117 Adjustment),
P.B. 43, Pg. 75
utilizing
a GPS survey
I
25.00'
PL
e
=
PL
I
4A
.S:
J
Point of
I
I Beginning
i
0
o
O
PID: 274-000081
on P. Michael Houser and Judy Faye
Houser
¢
O.R. 07069 F09
I r I
uc
7
W
v d, 3.
w
Miller Estates
P.B. 43, Pg. 75
Ir^a
o O
is
a in
o
o
cn
CL of R/W
Z
�
25'
Avery Road
S83'49'20"W
I hereby certify that: BRIAN P.
This drawing represents the results of an actual field survey E.U. BINGHAM
of the premises performed by American Structurepoint. Inc., and = y. 8436
istrue nd correct�P the best of my knowledge and belief. %0-.
ABrian P. Bingham, P.S. tN . 8438 Date �''�,S��NAL SV
American
25.00'
PL-
LPL
PL
Felicia Quinn and John J. Quinn
I.N. 200910290156293
Lot 5
Miller Estates
P.B. 43, Pg. 75
iron pin set w/
Structurepoint—PS 8438" cap
Basis of bearing:
0I.P.F.
iron pipe found
Bearings shown hereon are
based on
grid north as
referenced to the
Ohio State Plane Coordinate
System
(South Zone)
and the
North American
Datumof 1983 (20117 Adjustment),
as established
utilizing
a GPS survey
,DI
OPUS
and NGSO
-'s"%P— OF ...
I hereby certify that: BRIAN P.
This drawing represents the results of an actual field survey E.U. BINGHAM
of the premises performed by American Structurepoint. Inc., and = y. 8436
istrue nd correct�P the best of my knowledge and belief. %0-.
ABrian P. Bingham, P.S. tN . 8438 Date �''�,S��NAL SV
American
EXHIBIT A Page 1 of 2
LPA RX 887 T Rev. 07/09
Ver. Date 3/102017
PID 99815
PARCEL 43-T
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
TEMPORARY EASEMENT FOR THE PURPOSE OF
PERFORMING THE WORK NECESSARY TO
COMPLETE GRADING AND CONSTRUCT A DRIVE
FOR 24 MONTHS FROM DATE OF ENTRY BY THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
[Surveyor's description of the premises Mows]
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 Lot 4 of Miller Estates, as recorded in Plat
Book 43, Page 75, said Lot 4 being described in a deed to P. Michael Houser and Judy Faye
Houser, of record in Official Record 7069 F09, all records referenced herein are on file at the
Office of the Recorder for Franklin County, Ohio, being a parcel on the right side of the
proposed centerline of construction for Avery 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 a point on the existing east right-of-way line for Avery Road, as
established by said Plat Book 43 Page 75, said point being the northwest comer of said Lot 4,
being the southwest comer of Lot 3 of said Miller Estates, said Lot 3 described in a deed to Kelly
A. Maynard and Joe E. Maynard, Sr., of record in Instrument Number 201412120165400,
(reference a 3/4" iron pipe bearing North 43 degrees 38 minutes 11 seconds West at a distance of
0.24 feet), said point being 64.78 feet right of Avery Road proposed centerline of construction
Station 129+67.03;
Thence North 83 degrees 49 minutes 20 seconds East, along the north line of said Lot 4 and
along the south line of said Lot 3, a distance of 25.00 feet to an iron pin set at the northeast
corner of a proposed standard highway easement for said Avery Road, said iron pin being 89.57
feet right of Avery Road proposed centerline of construction Station 129+70.31, and said point
being the TRUE POINT OF BEGINNING for this description;
Thence North 83 degrees 49 minutes 20 seconds East, continuing along the north line of said
Lot 4 and continuing along the south line of said Lot 3, a distance of 9.77 feet to a point, said
point being 99.26 feet right of Avery Road proposed centerline of construction Station
129+71.59;
EXHIBIT A Page 2 oft
LPA RX 887 T Rev. 07/09
Thence across said Lot 4 along the following three (3) described courses:
1. South 05 degrees 04 minutes 29 seconds East, a distance of 26.16 feet to a point, said
point being 102.18 feet right of Avery Road proposed centerline of construction Station
129+45.59;
2. South 51 degrees 56 minutes 05 seconds West, a distance of 11.64 feet to a point on the
east line of said proposed standard highway easement; said point being 93.19 feet right of
Avery Road proposed centerline of construction Station 129+38.20;
3. North 05 degrees 05 minutes 40 seconds West, along the east line of said proposed
standard highway easement, a distance of 32.31 feet to the TRUE POINT OF
BEGINNING.
The above described temporary easement contains a total area of 0.007 acres located within
Franklin County Auditor's parcel number 274-000081.
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 temporary easement was prepared under the direct supervision of Brian P.
Bingham, Registered Professional Surveyor No. 8438 on March 10, 2017, is based on an actual
survey performed by American Structurepoint, Inc., and is true and correct to the best of my
knowledge and belief.
American Stmcturepoint Inc.�P(E OF
y,O/yjO'%.
(.BRIAN P. �7�2o r7
Brian P. Bingham, PS = BINGHAM cc = Date
&198
Registered Professional Surveyor No. 8438 :�9„i - :,0
CI of Dublin, Ohio
ry
��
O -
00 STIIUCTUREPOINT
®
�IJe,�wtm
Tuttle Crossing
Boulevard Ext.
and Avery Road
Improvements
Exhibit "B"
0.007 Ac.
Temporary
Easement
sue: t•=,o
Parcel
q3 -T
Sheet
1 of 1
orewn sr: rev
c.xea er: ers
°Be '4301
hb No.: '1012W]W
0 S' 10'
SCALE: 1'=10'
Avery Rd.
(4a)
.B. 43, Pg. 75
Situated in the State
of
Ohio
County
of Franklin, City
of
Dublin
Virginia
Military Survey
No.
3004
PID: 274-000080
Kelly A. Maynard and
Joe E. Maynard, Sr.
I.N. 201412120165400
Lot 3
Miller Estates
P.B. 43, Pg. 75
�?`` N8� rL
Point of
IBeginning
3
Of proposed 25' standard
X highway easement
W
PID: 274-000081
P. Michael Houser and
Judy Faye Houser
O.R. 7069 F09
Lot 4
Miller Estates
P.B. 43, Pg. 75
-N83'49'20"E
9.77'
PL—'
u6
551'56'05"W
11.64'
�1 r
gS" iron pin set w/
"Structurepoint—PS 8438" cap
OLPF, iron pipe found
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.
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 nd correct o'the best of my knowledge and belief.
7/7/2D J-7
Brian P. Bingham, P.S. No. 8438 Date
American Structurepoint, Inc.
I
BRIAN P.
BINGHAM
8438
■Fwa
Philip R. Nol 91
and
Dianne W. Nolette
IN
MEN
1 ~�
1
UL!
■
I
49 r
48 ,
$ The Village
Balgriffin
D _
City Comdominium
Dublin
- ■ . - ti -
MEN WIN 1 0 EL
MENOMONEE mm o ANNA A-&
MMFMMMM
IN
MEN
1 ~�
1
UL!
■
I
49 r
48 ,
$ The Village
Balgriffin
D _
City Comdominium
Dublin
- ■ . - ti -
MEN WIN 1 0 EL
MENOMONEE mm o ANNA A-&
pow
I, 1 r ■I �LI ` ■ ■
f
Owl ON f.L '
MINE NL
-L On
7
■ - �'�+r
ON Irl
1 I
OF % m .. "k, a -
n•
On 71
0 MON■
_ .
, , ,
oil
mm
�. •
,I JxElmOL
re T r40 ;AF ■ In Ommullub ■ME r
• • • • •
11
a L '16
1 ■
r ■
• _■�.
r ■
_ r
- ■_ I ■r SON
■ , r f - TI ■� ■
■ J
■ � M
of R
IN An r
1
0 dim so
■
' 1
1MEN_L
' ' ■
_ )■q■
INN I
D — �
•■ 00 q I 1 I
NEW D r �4 ml 0001
■
OEM Mi 0
1 _ ,
or
' J
"WIN ON
■ Z m w
11WmMW1wwMwmwwMwJ _
r
7 _ ■ _ ■ y
, NO
■ ''''/�� 11111 ■
won■
01 0 SWOON! SO1
2010110 IF
ML
now
. .
-7 s
ON one
or
111 111 /'7 60 0 WINr
41
I
Riff
■
■■•— 1='
—■ ■ - — ■ Skim •
d _ ''
In
1 r — •• 'i •
�, i
1 - 1 i ~ I II
M
r, ■ _ 1
IWO
- r z _ - 0
■ _ 'Col NE
■
Fr• _— _ MINIMUM= ti r ` 7
ir 1 I - 1
NS 0
SON ■ - ■■ 7 ■ ■
SAN
■ - ■ ■ _ OEM!
NOW
..
1 MEN Z M.I
.y til
isr 'A
i■
op ON oil
■ - - ■n - M�j 1
--
NO
t r �
{
_'
or
0 NOW —NONr
rIL
kr h.
I
i
SON
■■
7
m Ed a No ONE
• — T ■ I
-� _ •.
�'
e
-00-0
OWN D
%
OW
••• J
-Ell-
■ •• _
S � ••
1111111 _ � � ■
- - - 1
.MElllllSon no or 90 1ON did 0000 0000I
INONE
swoon
■ -
■ i I 1
—
■
— i
1 ' r
■ 1■ ....'r I �.� r �
+
1r •
+ WON rwoman
_ * A
- �1'
IIF � _ • • r —
IN WIN r� _
Now
}±r MEN m
I _
.� OLON
1 +
Mim
1
■
+• ■Ji - - ■ I Walk-
SWOON
L
_ SWOONIV, _ • 1
ONE
No
L 0_ •
�J -AM
woommommoon"
r ■ MAI r IN NOW ; ,
■ ` —
f
r J
L I&- •�
•
■