Ordinance 017-19RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO
Ordinance No. 17-19
Passed
AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT
NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO
ACQUIRE A 0.004 -ACRE FEE SIMPLE WARRANTY DEED FOR
RIGHT-OF-WAY, WITHOUT LIMITATION OF EXISTING ACCESS
RIGHTS AND A 0.051 -ACRE STANDARD HIGHWAY EASEMENT
FROM WILLIAM THOMAS AND LINDA THOMAS, LOCATED AT
5494 CARA COURT, 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 fee simple warranty deed for
public right-of-way, without limitation of existing access rights and a standard highway
easement from the parcel identified as Franklin County parcel number 274-000095,
ownE,,d by William Thomas And Linda Thomas (the "Grantor'), 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 Grantor
participated in good faith discussions and have come to mutually agreeable terms for
the acquisition of the necessary property interests for the sum of $10,649.00, which is
the appraised value of the property interests; and
WHEREAS, the City desires to execute and accept necessary documents to complete
the transaction between the City and the Grantors.
NOIAFI 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 0.004 -acre fee simple warranty deed for right-of-
way, without limitation of existing access rights and a 0.051 -acre standard highway
easement from William Thomas and Linda Thomas, for the appraised value of
$10,649.00, said property interest located within the parcel identified as Franklin
County parcel number 274-000095, 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 Ordinanc shall take effect in accordance with 4.04(b) of the Dublin
RevisecKharter.
Pass �� this c� of � , 2019.
M*or — Presidip(a Offi
17:
Clerk of Council
Ask&
Office of the City Manager
5200 Emerald Parkway * Dublin, QH 43017-1090
..ffilwwb
Uityof Dublin Phone,: 614.410.4400 * Fax.- 614.410.4490 9KddSkAMk AWNRM
Cit M 11� MU
To: Members of Dublin City Council
oel�
From: Dana L. McDaniel, City Manag
Date. April 16, 2019
In'Itiated By: Paul A. Hammersmith, Director of Engineering
Jean -Ellen Willis, PE, Engineering Manager — Transportation
Philip K. Hartmann, Assistant Law Director
Re,* Ordinance14-19 through 20-19
Acquisition of Right -of -Way and Easements
Tuttle Crossing Boulevard Extension and Avery Road
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 Road, Cara Road, and Cara Court.
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
consist of the following property interests from the named property owners, as depicted in the
map attached hereto:
D
Ord. 14-19 through 20-19 — Acquisition of Right -of -Way and Easements for Tuttle Crossing Boulevard
Extension and Avery Road Improvements
April 16, 2019
Page 2 of 3
W er
0 il
P roper14 Inte d to
res -ft AU
W U Sib OW
P 611D
:a
P,
nm
N mu r
U be
Ord. 14-19
0.062 acre R/W
274-000078
$30f 000
Ginger Shepherd and James
L. 0.113 acre Standard
Shepherd
Highway Easement
(Parcel 46 —
0.007 acre Temporary
5556 .oad
1:5-19
Construction Easement
Ord.
cre nne,
�a Ch -a I
273-00
,6596
13 645
Tuftl[01' ers L td
Easement
(Parcel,23
5X C II, �Ebner irt!0
Ord. 16-19
0.044 acre R/W
274-000082
$295,450
Felicia Quinn and John J. Quinn 0.157 acre Standard
(price for
(Parcel 28 'mowHighway
Easement
acquisition of
5498 Avery Road)
Ofd*17 '19
0.449 acre_p�rcel_
.0.00+ acre:,WW,
274 000095
entire parcel)
$10 19
164
W 11, Ito m T omas and U nda
, A
0 051 acre, S. tanda rd
'Thomas:..:
Hi: h, ay Easement
w
(Pa'rtO[3
5494 C�, :C
Ord. -
40.021 acre Standard
274-000092
$4f 847
Charles Fry and Amy Fry
Highway Easement
(Parcel 40 —
5540 Cara Court)
O if ,19
rd19
0.016 acre'Standard
274 -000091
$3214
re
e n
Chri, t -p eman a
K N E
ig.: way..:zsemen
Michele, reeMan'..
(P rices 404 e
e
55.45 "Cera,, Cou
Ord. 20-19
0.009 acre Sewer
274-000161 to
$605
The Village of Balgriffin
Easement
274 -000170 -
Condominium
(Parcel 49 —
274-000228 to
274-000235;
Avery Road)
274-000346 to
274-000352f
274-000354 to
274 f
- 000365-
274-000369 to
274-000390
Ord. 14-19 through - — Acquisition of Right-of-WayEasements for Tuttle Crossing Boulevard
Extension and Avery load Improvements
April 16, 2019
Page 3 of 3
These Ordinances authorize the City Manager to execute and accept on behalf of the City all.
necessary
documents to airlly acquire necessary
. M ak interests
er► each
property owner.
StaN recommends adoption of Ordinance Nos. 14-19, 15-19, 16-19, 17-19,r 18-19, 19-19 and 20-
reading/public hearing on May 6,, 2019,ordinances
propertyManager to execute all necessary conveyance and contract documents to formally accept the
necessary interests
w. described 1rt rM
EXHIBIT A Page I of 3
LPA RX 871 SH Rev. 06/09
Ver. Date 4/7/2017
PARCEL 33 -SH
PID 99815
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 13 of Miller Estates No. 2, as recorded in
Plat Book 49, Page 43, said Lot 13 being described in deeds to William Marvin Thomas, Jr.
aka WB6am M. Thomas, Jr. and Linda T. Thomas, of record in Official Record 6486 I09
and Instrument Number 200804210060584, 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 Cara 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 north right-of-way line for Cara Road, as
established by Miller Estates No. 2, as recorded in Plat Book 49, Page 43, said point being the
southeast comer of said Lot 13, being on the west line of that 10.000 acre tract described in a
deed to St. John's Lutheran Church, of reference in Deed Book 3500, Page 887, and said point
being 30.00 feet left of Cara Road proposed centerline of construction Station 329+70.68;
EXHIBIT A Page 2 of 3
LPA RX 871 SH Rev. 06/09
Thence North 05 degrees 30 minutes 28 seconds West, along the east line of said Lot 13 and
along the west line of said 10.000 acre tract, a distance of 1.00 feet to an iron pin set at the
northeast comer of a proposed right-of-way parcel for Cara Road, said iron pin being 31.00 feet
left of Cara Road proposed centerline of construction Station 329+70.65, and said iron pin being
the TRUE POINT OF BEGINNING for this description;
Thence South 86 degrees 04 minutes 26 seconds West, across said Lot 13 and along the north
line of said proposed right-of-way parcel, a distance of 180.52 feet to an iron pin set on the
existing north right-of-way line for said Cara Road, being on the south line of said Lot 13, said
iron pin being 31.00 feet left of Cara Road proposed centerline of construction Station
327+90.14;
Thence along the are of a non -tangent curve to the right, along the existing northeast right-of-
way line for said Cara Road and along the southwest line of said Lot 13, said curve having a
radius of 20.00 feet, a central angle of 71 degrees 48 minutes 18 seconds, and an arc length of
25.06 feet to a point of tangency on the existing east right-of-way line for Cara Court, as
established by said Plat Book 49, Page 43, said point being 50.00 feet left of Cara Road proposed
centerline of construction Station 327+76.38, said curve being subtended by a long chord having
a bearing of North 39 degrees 49 minutes 44 seconds West and a length of 23.46 feet;
Thence North 03 degrees 55 minutes 34 seconds West, along the existing east right-of-way
line for said Cara Court and along the west line of said Lot 13, a distance of 19.35 feet to an iron
pin set, said iron pin being 69.35 feet left of Cara Road proposed centerline of construction
Station 327+76.38;
Thence South 43 degrees 55 minutes 20 seconds East, across said Lot 13, a distance of 37.01
feet to an iron pin set, said iron pin being 41.00 feet left of Cara Road proposed centerline of
construction Station 328+00.17;
Thence North 86 degrees 04 minutes 26 seconds East, continuing across said Lot 13, a
distance of 170.21 feet to an iron pin set on the east line of said Lot 13, being on the west line of
said 10.000 acre tract, said iron pin being 41.00 feet left of Cara Road proposed centerline of
construction Station 329+70.38;
Thence South 05 degrees 30 minutes 28 seconds East, along the east line of said Lot 13 and
along the west line of said 10.000 acre tract, a distance of 10.00 feet to the TRUE POINT OF
BEGINNING for this description.
The above described standard highway easement contains a total area of 0.051 acres located
within Franklin County Auditor's parcel number 274-000095.
EXHIBIT A Page 3 of 3
LPA RX 871 SH Rev. 06/09
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 7, 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.
American Stmcturreeppoofint�Inc.
Brian P. Bingham, PS
Registered Professional Surveyor No. 8438
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DESCRIPTION VERIFIED
CORNELL R. ROBERT..SOK P.E. P.S.
BY;
DATE 0j;tNU
OF 0�Y/��'4
9: •.O
BRIAN P
BINGHAM :¢
�.(�. 8438 ,?.O
�o Zo17
Date
�N Exhibit"B" sr." '.ems. Parcel
j■ STNIIONREPUINT Tuttle Crossing 0.051 Ac. °i"'"s" JB° 33 -SH
City of Dublin, Ohio - Boulevard Ext. Standard cneu"e w: eve Sheet
and Avery Road Highway
Improvements wm: vaasn 1 of 1
Easement .aeeo: m......
o is, 30' Situated in the State of Ohio
® County of Franklin, City of Dublin
SCALE: 1"=30' Virginia Military Survey Nos. 3004, 3011 & 3453
PID: 273-005580
iron pin set w/ St. John's Lutheran Church
I �i'P'S' Structurepoint—PS 8438" cap D.B. 3500, Pg. 887
10.000 Ac.
PID: 274-000095
'o --a William Marvin Thomas, Jr.
�a aka William M. Thomas, Jr. and
oma
Linda T. Thomas
0 ad O.R. 6486 109
CL I.N. 200804210060584
Lot 13
Miller Estates No. 2
P.B. 49, Pg. 43
x
W 5. NO3'55'34"W a
° 19.35'
0,051 Ac. S05'30'28"E
S43'55'20"E
37.01' 10.00' .?'
oe•nn'aa"F - 170.21'
Beginning I
Curve Data proposed right -Cara Road N05'30'28"W Point of
of—way parcel (60) 1 00' Reference rn
= 71'48'18' (1) P.B. 49, Pg. 43 _—_—x
R = 20.00' ------
L = 25_06'_— z
— -
—C-= 23.46'
CBRG = N39'49'44"W @ of R/w7
Cara Road
Ex R/W
Basis of bearing: A E.rOF,, e'
Bearings shown hereon are based on grid north as referenced to the
Ohio State Plane Coordinate System (South Zone) and the North„...,•0,5'
American Datum of 1983 (2011 Adjustment), as established utilizing a GJ; '•.,�Q�:
GPS survey and NGS OPUS solation.
I hereby certify that: Nip.
This drawing represents the results of an actual field survey & a”
of the premises performed by American Structurepoint. Inc., and gyp B43g •Q
is true and co�rrect /tofthe best of my knowledge and belief. � Q: •
Brien P. D��/?Of7 ^e�ii�e`TIAL SV ��
E3CMIT A Page 1 of 2
LPA RX 851 WD Rev. 06/09
Ver. Date 03/132017
PARCEL 33 -WD
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 of Lot 13 of Miller Estates No. 2, as recorded in Plat Book 49, Page
43, said Lot 13 being described in deeds to William Marvin Thomas, Jr. aka William M. Thomas, Jr.
and Linda T. Thomas, of record in Official Record 6486 I09 and Instrument Number
200804210060584, 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 Cara 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 5.33 feet left of Cara Road
proposed centerline of construction Station 323+09.26;
Thence North 86 degrees 04 minutes 26 seconds East, along the existing centerline of right-of-way for
Cam Road, a distance of 661.46 feet to a point at the end of the existing right-of-way for Cara Road, as
established by said Plat Book 49, Page 43, said point being on the east line of said Miller Estates No. 2,
being on the west line of that 10.000 acre tract described in a deed to St. John's Lutheran Church, of
record in Deed Book 3500, Page 887, and said point being at Cam Road proposed centerline of
construction Station 329+71.51;
Thence North 05 degrees 30 minutes 28 seconds West, along the east line of said Miller Estates No. 2
and along the west line of said 10.000 acre tract, a distance of 30.01 feet to a point on the existing north
right-of-way line for said Cara Road, said point being the southeast comer of said Lot 13, said point being
30.00 feet left of Cara Road proposed centerline of construction Station 329+70.68, and said point being
the TRUE POINT OF BEGINNING for this description;
EXMBTT A Page 2 of 2
LPA RX 851 WD Rev. 06/09
Thence South 86 degrees 04 minutes 26 seconds West, along the existing north right-of-way line for
said Cara Road and along the south line of said Lot 13, a distance of 174.30 feet to a point of curvature,
said point being 30.00 feet left of Cara Road proposed centerline of construction Station 327+96.38;
Thence along the arc of a curve to the right, along the existing northerly right-of-way line for said Cara
Road and along the southerly line for said Lot 13, said curve having a radius of 20.00 feet, a central angle
of 18 degrees 11 minutes 42 seconds, and an are length of 6.35 feet to an iron pin set, said iron pin being
31.00 feet left of Cara Road proposed centerline of construction Station 327+90.14, said curve being
subtended by a long chord having a bearing of North 84 degrees 49 minutes 44 seconds West and a
length of 6.32 feet;
Thence North 86 degrees 04 minutes 26 seconds East, across said Lot 13, a distance of 180.52 feet to
an iron pin set on the east line of said Lot 13, being on the west line of said 10.000 acre tract, said iron pin
being 31.00 feet left of Cara Road proposed centerline of construction Station 329+70.65;
Thence South 05 degrees 30 minutes 28 seconds East, along the east line of said Lot 13 and along the
west line of said 10.000 acre tract, a distance of 1.00 feet to the TRUE POINT OF BEGINNING for
this description.
The above described right-of-way parcel contains a total area of 0.004 acres (0.000 acres lies within the
present mad occupied) located within Franklin County Auditor's parcel number 274-000095.
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 Much 13, 2017, is based on an actual survey perfomred
by American Structurepoint, Inc., and is true and conect to the best of my knowledge and belief.
American Structurepoint Inc. %%%" ,IS OF •',
oy.1",
s
n�an P. Bingham, PS BRIAN P.
Registered Professional Surveyor No. 8438 BINGHAM .¢
p • 1%0 - P 8438
looµ
o�O�op�'t�\`� DESCRIPTION VGRI ILD
OSA- O T COMELL R. ROMMON. P E. P.S.
By OVM
�S Dn>E�
�,,:�
1464.,/-7
Date
Situated in the State
_■
Ohio
County
awl.: i-.Wl
Parcel
D. er. 'av
Virginia
O
�STBBIiNBEPUINT
Tuttle Crossing
Exhibit"B"
33 -WD
c .aea ar: wa
Ci of Dublin, Ohio
City
Boulevard E.J.0.004
Ac.
Sheet
�
and Avery Road
Warranty
Improvements
Deed
as '"2°"
1011
Situated in the State
of
Ohio
County
of Franklin, City
of
Dublin
Virginia
Military Survey
No.
3004
I PID:273-005580
PID: 274-000095 St. John's Lutheran Church
William Marvin Thomas, Jr. D.B. 3500, Pg. 887
n aka William M. Thomas, Jr. and 10.000 Ac.
Linda T. Thomas
O.R. 6486 109
a® o m I I.N. 200804210060584
SCALE: t^=40' o
a aIIF', Lot 13
Miller Estates No. 2
o_ P.B. 49, Pg. 43
Ca of
cora Court
of Curve Data
J
� I j d = 18'11'42" 0-
R = 20.00'
L = 6.35'
C = 6.32' S05*30'28"E
CBRG = N84'49'44"vy 1.00'
Point of s
Reference
N 6'04'2 — 180.52'
O — 174.30'
o:p 0.004 Ac. Cara Road N05'30'28"W
`o y I I (0 Ac. P.R.O.) P.B. 49, Pg. 43 30.01'
N86'04'26"E_ — 66_Ex1.46' Point o
Beginnin
CL of R/wc
V �
R
' F.C.G.S. 8847 Cara Road ��
—Pc Ifx R/W' I
•I.P.S. sg" iron pin set w/
Structurepoint—PS 8438' cop
® F.C.G.S. Monument
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 ,If OF Oy i��
Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey ��
and NGS OPUS solution. 5 /O
BRIAN P.
I hereby certify that: -o BINGHAM
This drawing represents the results of on actual field survey : y: �¢
of the premises performed by American Structurepoint. Inc., and : p� 9 B 0
is truerr
sand c ectt to the best of my knowledge and belief. y Fs FGfS�VoO �;
��d4// p�?�2or-7SP
Brian P. Bingham, P.S. No. 8438 Date ,/,OpNALSrrrrrr���,
American Structurepoint, Inc.
=101IMF-- NN- - _ -
rULM
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AMON
16! /01 � -
ON
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s� - -
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Philip R. N ll
* and
Dianne W. Nolette
IP Orr- T � 49 11-1
_ 48
_ t The Village at
son no I Balgriffin
� City of
■
Dublin Comdominiun
*&6wI� r
47
Karen Marie Sharp
and
Michael R. Shar _
42
City of Dublin
T !
46 -IN
Ginger Shepherd
and 41 -
James L. Sheperd
Christopher R. Freeman E
and (7
Michelle R. Freeman
45 Charles E. Fry, Jr.
and
Amy L. Fry
42 44 John D. Kormorak Mary J.
and Reimann
City of Dublin Kelly MaInard haron L. Kormorak
and
_ oe Ma w I
ax Liens, I 42 Larry7.
LLC
City of Dublin P. Michae I Kincaid
and
Judy Faye Houser
and 42 NII .V. Tadeshi
Ahmed Abdul � Felicia Quinn
luabeer Qureshi and
City of Dublin Ijr an J.D.Tadeshi
Willm• John J. uin
Ed m u a L. K0
and
Donna K. Kroh
33 I