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Ordinance 094-18RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Ordinance No. 94-18 Passed AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE THE ENTIRE PARCEL FROM KAREN M. SHARP AND MICHAEL R. SHARP, LOCATED AT 5555 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 the parcel identified as Franklin County parcel number 274-000070, owned by Karen M. Sharp and Michael R. Sharp (the "Grantors', as described in the attached Exhibit A; 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 for the sum of $215,000.00, which is the appraised value of the property; and WHEREAS, Grantors were leasing the residence on this property and have come to a mutually agreeable protective rent agreement with the City at an amount of $1,500 per month until the City closes on the acquisition of the property; 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 Franklin County Parcel Number 274-000070 from Karen M. Sharp and Michael R. Sharp, for the appraised value of $215,000.00, and to execute and accept a protective rent agreement with the Grantors in an amount of $1,500 per month, terminating upon the City's acquisition of the property. 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. Passe this _day of , 2018. Vice Mayor — Presiding Officer ATTEST: Clerk of Council Form 6220S 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 I of 2 LPA RX 851 WD Rev. 06/09 Ver. Date 4/18/2018 PID 99815 PARCEL 47-WDI TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS 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 that 0.657 acre tract described in a deed to Karen Marie Sharp and Michael R. Sharp, of record in Instrument Number 200404120080720, 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 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 Franklin County Geodetic Survey monument number 8847, said monument being at the intersection of the existing centerline of right-of-way for Cara Road and the existing centerline of right-of-way for Avery Road (North), and said monument being 61.66 feet left of Avery Road proposed centerline of construction Station 126+41.19; Thence North 05 degrees 05 minutes 40 seconds West, along the existing centerline of right-of- way for Avery Road and along the west line of Miller Estates, as recorded in Plat Book 43, Page 75, a distance of 612.70 feet to a MAG nail set at the southeast comer of said 0.657 acre tract, being the northeast corner of that 0.667 acre tract described in a deed to City of Dublin, Ohio, of record in Instrument Number 201110310139507, said MAG nail being at Avery Road proposed centerline of construction Station 132+47.55, and said MAG nail being the TRUE POINT OF BEGINNING for this description; Thence South 84 degrees 54 minutes 19 seconds West, along the south line of said 0.657 acre tract and along the north line of said 0.667 acre tract, a distance of 58.00 feet (passing at a distance of 30.20 feet a 3/4" iron pipe) to an iron pin set, said iron pin being 58.00 feet left of Avery Road proposed centerline of construction Station 132+47.55; EXHIBIT A Page 2 of 2 LPA RX 851 WD Rev. 06/09 Thence North 05 degrees 05 minutes 40 seconds West, across said 0.657 acre tract, a distance of 102.45 feet to an iron pin set, said iron pin being 58.00 feet left of Avery Road proposed centerline of construction Station 133+50.00; Thence North 12 degrees 08 minutes 27 seconds West, continuing across said 0.657 acre tract, a distance of 32.61 feet to an iron pin set on the northwest line of said 0.657 acre tract, being on the southern line of Cramer's Crossing, as recorded in Plat Book 99, Page 89, said iron pin being 62.00 feet left of Avery Road proposed centerline of construction Station 133+82.36; Thence North 62 degrees 47 minutes 50 seconds East, along the northwest line of said 0.657 acre tract, and along the southern line of said Cramer's Crossing, a distance of 66.92 feet to a MAG nail set at the northeast corner of said 0.657 acre tract, said MAG nail being on the existing centerline of right-of-way for Avery Road, being on the west line of said Miller Estates, and said MAG nail being at Avery Road proposed centerline of construction Station 134+07.55; Thence South 05 degrees 05 minutes 40 seconds East, along the existing centerline of right-of-way for Avery Road, along the east line of said 0.657 acre tract and along the west line of said Miller Estates, a distance of 160.00 feet to the TRUE POINT OF BEGINNING for this description. The above described right-of-way parcel contains a total area of 0.199 acres (0.106 acres lies within the present road occupied) located within Franklin County Auditor's parcel number 274-000070. 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 April 18, 2018, is based on an actual survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.011 �`Iu �u1tt•• American Structurepoint, Inc. . ' s BRIAN P. BINGHAM ri1 Bingham, PS : 9': 8438 :OZ Date Registered Professional Surveyor No. 8438 %O�' 9FG1sTEP�� J�;� ,4 �t•/It11111\ O ev DESCRIPTION VERIFIED CORNELI. R. ROBBI2 fSpN, P.E.. P.S. -+0 BY:_A--- _ DATG: .,al-- S City of Dublin, Ohio Jim O a■ STRUCTUREPOINT Ex=^•^,°e^ s°^°] C°Wmbus, Oliw^]331 Tuttle Crossing Boulevard Ext. and Avery Road Improvements Exhibit "B" 0.199 Ac. Warranty Deed Scale: =w Parcel 47-WD1 Sheet 1 of 1 orewOsy. JB, checked By BPB Dais anfiizo,e Job No.: 2012.00]60 3004 TEL Bea.183]51. FP%B11 ati 2t. O Q Lo 0 a' m Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 J" iron pin set w/ PID: 274-000746 I I ?S. PL •I.P.S. Structurepoint—PS 8438" cap City of Dublin, Ohio I • M.N.S. MAG nail set I.N. 200211050280923 Reserve "G" O I.P.F. iron pipe found Cramer s Crossing ® F.C.G.S. Monument P.B. 99' Pg. 89 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. 0 20' 40' SCALE: 1"=40' `0111111111/111, BRAN P- gWGHAM 6438 'o = ,e10, S�ONA;I JQl,< N12 32.61' PID: 274-000070 0 Karen Marie Sharp and Q Michael R. Sharp v I.N. 200404120080720 3 0.657 Ac. c 0 S84'54'19"W 58.00' PID: 274-000073 City of Dublin, Ohio I.N. 201110310139507 0.667 Ac. 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 and correct to the best of my knowledge /ynd b ief. f?�% //'z j/ Zo/8 Brian P. Bingham, P.S. No. 8438 D to American Structurepoint, Inc. N62'47'50"E 66.92' I �\_�ofR/W S05'05'40"E Avery Road 612.70' I I F. C. G. S. 8847 Point of RPfPrPnrP I CL of R/W — Rings Road (iL of R/W Cara Road Q v ci w cr o a rn Q 0 O Q Lo 0 a' m a I �\_�ofR/W S05'05'40"E Avery Road 612.70' I I F. C. G. S. 8847 Point of RPfPrPnrP I CL of R/W — Rings Road (iL of R/W Cara Road LPA RX 851 WD Ver. Date 4/18/2018 EXHIBIT A PARCEL 47-WD2 Page I of 2 Rev. 06/09 PID 99815 TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS 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 that 0.657 acre tract described in a deed to Karen Marie Sharp and Michael R. Sharp, of record in Instrument Number 200404120080720, 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 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 MAG nail set on the existing centerline of right-of-way for Avery Road, said MAG nail being at the southeast corner of said 0.657 acre tract, being the northeast corner of that 0.667 acre tract described in a deed to City of Dublin, Ohio, of record in Instrument Number 201110310139507, said MAG nail being on the west line of Miller Estates, as recorded in Plat Book 43, Page 75, and said MAG nail being at Avery Road proposed centerline of construction Station 132+47.55; Thence South 84 degrees 54 minutes 19 seconds West, along the south line of said 0.657 acre tract and the north lie of said 0.667 acre tract, a distance of 58.00 feet to an iron pin set at the southwest corner of a proposed right-of-way parcel for Avery Road (passing a 3/4" iron pipe at a distance of 30.19 feet offline 0.05 feet to the right), said iron pin being 58.00 feet left of Avery Road proposed centerline of construction Station 132+47.55, and said iron pin being the TRUE POINT OF BEGINNING for this description; Thence South 84 degrees 54 minutes 19 seconds West, continuing along the south line of said 0.657 acre tract and continuing along the north line of said 0.667 acre tract, a distance of 216.70 feet to an iron pin set at the southwest comer of said 0.657 acre tract, being the northwest comer of said 0.667 acre tract, and being on an east line of Reserve "G" of Cramer's Crossing, as recorded in Plat Book 99, Page 89, said Reserve "G" being described in a deed to City of Dublin, Ohio, of record in Instrument Number 200211050280923, said iron pin being 274.70 feet left of Avery Road proposed centerline of construction Station 132+47.55; EXHIBIT A Page 2 of 2 LPA RX 851 WD Rev. 06/09 Thence North 04 degrees 32 minutes 53 seconds West, along the west line of said 0.657 acre tract and along the east line of said Reserve "G", a distance of 48.60 feet to an iron pin set at the northwest corner of said 0.657 acre tract, being a southeast comer of said Reserve "G", said iron pin being 274.23 feet left of Avery Road proposed centerline of construction Station 132+96.15; Thence North 62 degrees 47 minutes 50 seconds East, along the north line of said 0.657 acre tract, and along the south line of said Cramer's Crossing, a distance of 229.07 feet to an iron pin set at the northwest corner of said right-of-way parcel, said iron pin being 62.00 feet left of Avery Road proposed centerline of construction Station 133+82.36; Thence South 12 degrees 08 minutes 27 seconds East, across said 0.657 acre tract and along the west line of said proposed right-of-way parcel, a distance of 32.61 feet to an iron pin set, said iron pin being 58.00 feet left of Avery Road proposed centerline of construction Station 133+50.00; Thence South 05 degrees 05 minutes 40 seconds East, continuing across said 0.657 acre tract and continuing along the west line of said proposed right-of-way parcel, a distance of 102.45 feet to the TRUE POINT OF BEGINNING for this description. The above described right-of-way parcel contains a total area of 0.458 acres located within Franklin County Auditor's parcel number 274-000070. 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 April 18, 2018, 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 Structurepoint, Inc. Brian,, P Registered Professional Surveyor No. 8438 7--o, *\ o�- (1-* -0 IPESCRIPII(N YLI'.IIAM) CORNELL R. ROULR'l -50S. P1 . P.S. BY: J..." DATE'S G.L11 d'ii, %V , soNenu�r,g 00, BRIAN P. BINGHAM '0�`�; 9FGEP`o�'JIVO `6112914012 Date Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 PID: 274-000746 I.P.S. iron pin set w/ City of Dublin, Ohio Structurepoint—PS 8438" cap I.N. 200211050280923 • M.N.S. MAG nail set Reserve "G" Cromer's Crossing 01Y.P, iron pipe found P.B. 99, Pg. 89 ,2' 20' 40' ' ' ' S12 -08'27"E SCALE: 1"=40' 2�9 0�' 32.61' <j6 ID: 2 4-0 0 70 aren Marie Sharan P Michael R. Sharp J.N. 200404120080720 N04032'53"W 48.60' S84-5419 W-- 216. PID: 274-000073 Beginninf City of Dublin, Ohio I.N. 201110310139507 $84'54'19"W 0.667 Ac. 58.00' 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 and correct to the best of my knowled and belief. 0/� y�?y/�m.� ETrian P. Bingham, P.S. No. 8438 Date' American Structurepoint, Inc. -40 Parcel 47-WD2 Sheet 1 of 1 By: JBv rtl By: BPB anan°1e O TR L. SRUCTUREPOINT Tuttle Crossing Exhibit "B" City of Dublin, Ohio NL. Boulevard Ext. 0.458 Ac. and Avery Road Warranty LokmWeOY <3331 Improvements Deed Situated in the State of Ohio County of Franklin, City of Dublin Virginia Military Survey No. 3004 PID: 274-000746 I.P.S. iron pin set w/ City of Dublin, Ohio Structurepoint—PS 8438" cap I.N. 200211050280923 • M.N.S. MAG nail set Reserve "G" Cromer's Crossing 01Y.P, iron pipe found P.B. 99, Pg. 89 ,2' 20' 40' ' ' ' S12 -08'27"E SCALE: 1"=40' 2�9 0�' 32.61' <j6 ID: 2 4-0 0 70 aren Marie Sharan P Michael R. Sharp J.N. 200404120080720 N04032'53"W 48.60' S84-5419 W-- 216. PID: 274-000073 Beginninf City of Dublin, Ohio I.N. 201110310139507 $84'54'19"W 0.667 Ac. 58.00' 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 and correct to the best of my knowled and belief. 0/� y�?y/�m.� ETrian P. Bingham, P.S. No. 8438 Date' American Structurepoint, Inc. -40 Parcel 47-WD2 Sheet 1 of 1 By: JBv rtl By: BPB anan°1e Job No.: 2012.00760 I � 0 rn Ora o . < ro a propos d right— of (E of R/WI I Avery Road 1 I I I I % 4 ,..�PJE of oy/ .0 y BRIAN P. BINGHAM 90 ;° 6498 :0 7GNAL S�e,°�,� f"11114410* ■P! ■ ■.z ■ 1 i 7 1 �'%6r 1 ~MOLL J aid � M 59 61 Matthew B. Tax Liens, Lim Brown LLC 55 Philip R. Nol 58 60 and 57 Dianne W. Nolette Mollie Sin-Khay Syed Salahud Harry D. Miller and an F and Khoun Khay Ahmed Abdul Anna Louise Mill and Quabeer Qureshi Teav Sinn City of Dublin Karen Marie Sharp and Michael R. Silo, r. i City of Dublin f City of Dublin t City of Dublin 'am 0 City of Dublin UL! ` r MEN 1 = 1 \�L49 The Village Balgriffin _ Comdominium • #�i 46 ■ Ginger Shepherd and 41 James L. Sheperd Christopher R. Freeman and Michelle R. Freeman 45 Lynn M. Gray 38 44 hn D. Kormorak and Kelly Maynard haron L. Kormorak and _ _Joe Ma and 37 43 Larry S. P. Michael Hous Kincaid and Judy Faye Houser P! 30 S lkpm** Felicia Quinn A.V.Tadeshi and and John J. Quin J.D.TadeshiN man IT -f ■ I. 40 14 Q9 Charles E. Fry, Jr. and Amy L. Fry ONE ■ 1 39 Mary J. Reimann 36 � Edmund L. Krohn and Donna K. Kroh 33 William M.Thomas, Jr. and Linda T. Thomas 17 : is 1 •17 r