Ordinance 054-19RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
54-19
Ordinance No.
Passed
AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT
NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO
ACQUIRE A 0.041 -ACRE FEE SIMPLE WARRANTY DEED FOR
RIGHT-OF-WAY, WITHOUT LIMITATION OF EXISTING ACCESS
RIGHTS AND A 0.075 -ACRE STANDARD HIGHWAY EASEMENT
FROM A.V. TEDESCHI AND J.C. TEDESCHI, LOCATED AT 5491
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 274-000088,
ownE,kd by A.V. Tedeschi and J.C. Tedeschi (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 $10,439.00, 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.
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 The City Manager is hereby authorized to execute and accept all
necessary documents to acquire a 0.041 -acre fee simple warranty deed for right-of-
way, without limitation of existing access rights and a 0.075 -acre standard highway
easement from A.V. Tedeschi and J.C. Tedeschi, for the appraised value of $10,439.00,
said property interest located within the parcel identified as Franklin County parcel
number 274-000088, and more fully described in the attached Exhibits A and B.
S=ion 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.
S�aiion 3. Thi;7v
nce shall take effect in accordance with 4.04(b) of the Dublin
knilised Charter.
P E�d thisq�',of , 2019.
Mayor = Pte�fding Officer
A ST:
Cl of C&cil(T&Aao
7City of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490
To: Members of Dublin City Council
From: Dana McDaniel, City Manager
Date: October 15, 2019
Initiated By: Paul A. Hammersmith, Director of Engineering
Jean -Ellen Willis, PE, Engineering Manager — Transportation
Philip K. Hartmann, Assistant Law Director
Re: Ordinance Nos. 54-19 through 56-19
Acquisition of Right -of -Way and Easements
Tuttle Crossing Boulevard Extension and Avery Road
Improvements (13-013-CIP)
Background
Memo
The Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project')
provides for the extension of Tuttle Crossing Boulevard from its current terminus at Wilcox Road to
Avery Road, and includes improvements along Avery Road, Wilcox Road, Rings Road, Cara Road,
and Cara Court, as shown in the attached Figure 1, Project Overview Map. The Project includes the
construction of a four -lane boulevard with curb and gutter, shared -use path, sidewalk, street
lights, a multi -use tunnel, and landscaping.
In the 2019-2023 Capital Improvements Program (CIP), site acquisition is programmed in 2018-
2019. Construction for the Tuttle Crossing Boulevard Extension project is currently not
programmed as the City of Dublin and its regional partners work to develop a full funding plan for
these improvements. This project remains a priority for the City and the region. Despite financial
commitments from the Cities of Dublin and Columbus and private developers, there remains a
funding gap. Dublin is continuing to seek additional options to help identify funding sources for the
$15.55 million construction project.
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.
Acquisition
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 the
map attached hereto:
Ord. 54-19 through 56-19 — Acquisition of Right -of -Way and Easements for Tuttle Crossing Boulevard
Extension and Avery Road Improvements
October 15, 2019
Page 2 of 2
Property Owner
Property Interests
Auditor
Acquisition
Parcel ID
Price
Number
Vineyard Christian Fellowship at
0.110 acre R/W including
274-000111
$1,301
Tuttle Crossing
0.110 acre P.R.O.
(Parcel 25-
0.040 acre Temporary
5400 Avery Road)
Construction Easement
0.010 acre Temporary
Construction Easement
A.V. Tedeschi and J.C. Tedeschi
0.041 acre R/W
274-000088
$10,439
(Parcel 30-
0.075 acre Standard
5491 Cara Court)
Highway Easement
Brian Rightler and Erica
0.041 acre Standard
274-000110
$10,707
Rightler, Trustees of the Cara
Highway Easement
Road Trust Agreement dated
June 22, 2018
(Parcel 31 —
6129 Cara Road
P.R.0. 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:
Vineyard Christian Fellowship at Tuttle Crossing: The property is located on the east side of
Avery Road, south of Cara Road, at 5400 Avery Road, Dublin, Ohio 43016. The City participated in
good faith discussions with Vineyard Christian Fellowship at Tuttle Crossing, resulting mutually
agreeable terms for the acquisition of the property interest for the appraised value, which was
$1,301.
A.V. Tedeschi and J.C. Tedeschi: The property is located on the west side of Cara Court, north
of Cara Road, at 5491 Cara Court, Dublin, Ohio 43016. The City participated in good faith
discussions with A.V. Tedeschi and J.C. Tedeschi, resulting in a minor plan change, and mutually
agreeable terms for the acquisition of the property interest for the appraised value, which was
$10,439.
Brian Rightler and Erica Rightler, Trustees of the Cara Road Trust Agreement dated
June 22, 2018: The property is located on the south side of Cara Road, east of Avery Road, at
6129 Cara Road, Dublin, Ohio 43016. The City participated in good faith discussions with Brian
Rightler and Erica Rightler, resulting in mutually agreeable terms for the acquisition of the property
interest for $10,707, which is 10% above the appraised value of $9,734.
This Ordinance authorizes the City Manager to execute and accept on behalf of the City all necessary
conveyance documents to formally acquire the necessary property interests from each property
owner.
Recommendation
Staff recommends adoption of Ordinance Nos. 54-19, 55-19 and 56-19 at the second
reading/public hearing on November 4, 2019, as these ordinances authorize the City Manager to
execute all necessary conveyance and contract documents to formally accept the necessary
property interests described above.
EXHIBIT A
LPA RX 871 SH
Ver. Date 4/6/2018
Page 1 of 3
Rev. 06/09
PID 99815
PARCEL 30 -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 6 of Miller Estates No. 2, as recorded in
Plat Book 49, Page 43, said Lot 6 being described in a deed to A.V. Tedeschi and J.C.
Tedeschi, of record in Instrument Number 201707240101035, 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:
BEGINNING at a point on the existing west right-of-way line for Cara Court, as established by
said Plat Book 49, Page 43, said point being at the northeast corner of said Lot 6, and being the
southeast comer of Lot 7 of said Miller Estates No. 2, said Lot 7 being described in deeds to
Larry S. Kincaid, of record in Deed Book 3728, Page 863 and Instrument Number
201302130025996, (reference a 1" bent iron pipe bearing North 08 degrees 14 minutes 47
seconds east at a distance of 0.44 feet), and said corner being 25.00 feet left of Cara Court
proposed centerline of construction Station 11+90.00;
EXHIBIT A Page 2 of 3
LPA RX 871 SH Rev. 06109
Thence South 03 degrees 55 minutes 34 seconds East, along the existing west right-of-way line
for said Cara Court and along the east line of said Lot 6, a distance of 140.00 feet to a point of
curvature, (reference a 3/4" iron pipe bearing North 07 degrees 06 minutes 45 seconds West at a
distance of 0.53 feet), said point being 50.00 feet left of Cara Road proposed centerline of
construction Station 327+26.38;
Thence along the arc of a curve to the right, continuing along the existing west right-of-way line
for said Cara Court and continuing along the east line of said Lot 6, said curve having a radius of
20.00 feet, a central angle of 30 degrees 00 minutes 00 seconds, and an arc length of 10.47 feet
to an iron pin set at the northeast corner of a proposed right-of-way parcel for Cara Road, said
iron pin being 40.00 feet left of Cara Road proposed centerline of construction Station
327+23.70, said curve being subtended by a long chord having a bearing of South 11 degrees
04 minutes 26 seconds West and a length of 10.35 feet;
Thence South 86 degrees 04 minutes 26 seconds West, along the north line of said proposed
right-of-way parcel and across said Lot 6, a distance of 184.46 feet to an iron pin set on the west
line of said Lot 6, being on the east line of Lot 5 of Miller Estates, as recorded in Plat Book 43,
Page 75, 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 at the northwest corner of said
proposed right-of-way parcel, and said iron pin being 41.50 feet left of Cara Road proposed
centerline of construction Station 325+39.22;
Thence North 05 degrees 05 minutes 40 seconds West, along the west line of said Lot 6 and
along the east line of said Lot 5, a distance of 10.00 feet to an iron pin set, said iron pin being
51.50 feet left of Cara Road proposed centerline of construction Station 325+39.01;
Thence North 86 degrees 04 minutes 26 seconds East, across said Lot 6, a distance of 177.35
feet to an iron pin set, said iron pin being 50.00 feet left of Cara Road proposed centerline of
construction Station 327+16.38;
Thence North 03 degrees 55 minutes 34 seconds West, continuing across said Lot 6, a distance
of 140.00 feet to an iron pin set on the north line of said Lot 6, being on the south line of said Lot
7, said iron pin being 35.00 feet left of Cara Court proposed centerline of construction Station
11+90.00;
Thence North 86 degrees 04 minutes 26 seconds East, along the north line of said Lot 6 and
along the south line of said Lot 7, a distance of 10.00 feet to the POINT OF BEGINNING for
this description;
EXHIBIT A
LPA RX 871 SH
Page 3 of 3
Rev. 06/09
The above described standard highway easement contains a total area of 0.075 acres located
within Franklin County Auditor's parcel number 274-000088.
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 6, 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.
]Irian P. Bingham
Registered Professional Surveyor No. 8438
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DESCRIPTION VERII IED
CORNELL R. ROGER"ISON, P.L., P.S.
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DATE: V0 1
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BRIAN P.
BINGHAM
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Basis of bearing:
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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), J
as established 0 -
utilizing a GPS I
survey and NGS
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Situated in the State
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Exhibit "B"
S`a1e 46
Parcel
Draw"By: ABY
Virginia
O
am STRUCTUREPOINT
Tuttle Crossing
0.075 Ac.
30 -SH
Checked By BPB
City of Dublin, Ohio
Boulevard Ext.
Standard
Sheet
�
and Avery Road
Highway
Date: 416/201e
Improvements
1 of 1
deb No.: 2012.00760
rea,. so+aasivex e,aso, ax
Easement
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), J
as established 0 -
utilizing a GPS I
survey and NGS
OPUS solution.
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Situated in the State
of
Ohio
County
of Franklin, City
of
Dublin
Virginia
Military Survey
No.
3004
PID: 274-000089
Larry S. Kincaid
D.B. 3728, Pg. 863
I.N. 201302130025996
Lot 7
Miller Estates No. 2
P.B. 49, Pg. 43
PL
PID: 274-000088
A.V. Tedeschi and
I J.C. Tedeschi
I.N. 201707240101035
Lot 6
Miller Estates No. 2
a P.B. 49, Pg. 43
N86 -04'26"E —
proposed 10' right–
of–way parcel
(� of R/W Cara Rd.
Cara Road 60' – — –
EO:
5 I" iron pin set w/
"Structurepoint–PS 8438" cap
.F. iron pipe found
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 andel correct to the best of my knowledge and belief.
Brian P. Bingham, P.S. No. 8438 Date
American Structurepoint, Inc.
Point of
Beginning
10.00'
PL a
.y
10
0.075 Ac.
184.4b 184.46
20' 40'
SCALE: 1"=40'
I= -
A = 30'00'00"
R = 20.00'
L = 10.47'_ — -
- C = 10.35'
RG = S11'04'26"W
OF
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BRIAN P.
8 BINGHAM
„� <y 0439 O r
EXHIBIT A Page 1 of 2
LPA RX 851 WD Rev. 06/09
Ver. Date 4/6/2018 PID 99815
Z]Z073- I 1
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 6 of Miller Estates No. 2, as recorded in Plat Book 49, Page
43, said Lot 6 being described in a deed to A.V. Tedeschi and J.C. Tedeschi, of record in Instrument
Number 201707240101035, 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
Cara Road, a distance of 229.39 feet to a point, said point being 1.50 feet left of Cara Road proposed
centerline of construction Station 325+39.42;
Thence North 03 degrees 55 minutes 34 seconds West, along a line perpendicular to the previous
course, a distance of 30.00 feet to a point on the existing north right-of-way line for Cara Road, as
established by said Plat Book 49, Page 43, (reference a 3/4" iron pin bearing North 23 degrees 29 minutes
55 seconds East at a distance of 0.43 feet), said point being the southwest comer of said Lot 6, being the
southeast comer of Lot 5 of Miller Estates, as recorded in Plat Book 43, Page 75, said Lot 5 being
described in a deed to Felicia Quinn and John J. Quinn, of record in Instrument Number
200910290156293, said point being 31.50 feet left of Cara Road proposed centerline of construction
Station 325+39.42, and said point being the TRUE POINT OF BEGINNING for this description;
EXHIBIT A Page 2 of 2
LPA RX 851 WD Rev. 06/09
Thence North 05 degrees 05 minutes 40 seconds West, along the west line of said Lot 6 and along the
east line of said Lot 5, a distance of 10.00 feet to an iron pin set, said iron pin being 41.50 feet left of Cara
Road proposed centerline of construction Station 325+39.22;
Thence North 86 degrees 04 minutes 26 seconds East, across said Lot 6, a distance of 184.46 feet to an
iron pin set at a point on a curve on the existing northerly right-of-way line for said Cara Road, being on a
southerly line of said Lot 6, said iron pin being 40.00 feet left of Cara Road proposed centerline of
construction Station 327+23.70;
Thence along the are of a non -tangent curve to the right, along the existing northerly right-of-way line for
said Cara Road and along the southerly line of said Lot 6, said curve having a radius of 20.00 feet, a
central angle of 60 degrees 00 minutes 00 seconds, and an arc length of 20.94 feet to a point of
tangency, said point being 30.00 feet left of Cara Road proposed centerline of construction Station
327+06.38 said curve being subtended by a long chord having a bearing of South 56 degrees 04 minutes
26 seconds West and a length of 20.00 feet;
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 6, a distance of 166.94 feet to the TRUE POINT OF
BEGINNING for this description.
The above described right-of-way parcel contains a total area of 0.041 acres (0.000 acres lies within the
present road occupied) located within Franklin County Auditor's parcel number 274-000088.
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 6, 2018, is based on an actual survey performed by
American Structurepoint, Inc., and is true and correct toy!, a best o%Z knowledge and belief.
OF O 1%,
American Structurepoint, Inc. .`�(Q ,• y�0
P.
•BRIAN 2
/ BINGHAM
rian P. Bingham, PS fl O ? Date
Registered Professional Surveyor No. 8438 = 9
S 1 } 8438
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O 0T— OV DESCRIPTION VERIFIED
w'ic � CORNELL R. ROBLRTSON. RF., P.S.
0 0 BY: ..i•t i��
DATE:�f�^' \ V m T
�■ Scale: r=50' Parcel
O AMERICAN Tuttle Crossing Exhibit "B" Drawn By: JBV
Cit of Dublin, Ohio 0 STRUCTUREPOINT Boulevard Ext. 0.041 Ac. 30-WD
City 0 and Avery Road Warranty Checked By: BPB Sheet
szsaC."E.�.,,•°^^ lava=� Improvements Deed Dale: 4/6/2018 1 of 1
C.Mn, eMa 4WYl
* Lm� 901.x361 FAA 614."122M Job No.: 2012.00760
ww.e"e•iwemcwm
Situated in the State of Ohio
0 25' so, County of Franklin, City of Dublin
SCALE:
Virginia Military Survey No. 3004
PID: 274-000089
Larry S. Kincaid
D.B. 3728, Pg. 863
J I.N. 201302130025996 I
2 Lot 7
Miller Estates No. 2 `e
P.B. 49, Pg. 43
PL
(L of R/W i
Cara Court
PID: 274-000088 a in I
A.V. Tedeschi and
J.C. Tedeschi 3 a i
I.N. 201707240101035 I
Lot 6
PID: 274-000082 a Miller Estates No. 2 w
Felicia Quinn and John J. Quinn ller st es o. I
I.N. 200910290156293
43
Lot 5
Miller Estates
P.B. 43, Pg. 75 0.041 Ac. �.
g (0 Ac. P.R.O.)
0
S' N86'04 " — 184.46' I
carFC.G.S.
10.00' �Q'
Iron Pin "
S86'04 26 W — 166.94Point of I�"NO3'55'34"W A = 60'00'00"
Beginning i 30.00' Cara Rd_ _ R = 20.00_229.39 -�_ _ - — - ra R T=2094'N86'04'26"E P.B. 49, Pg. 43C = 20.00'
� of R/W CBRG = S56'04''26"W
Cara Road QEX7 �� P 5 a" iron pin set w/
Structurepoint—PS 8438" cap
....
OI.P.F. iron pipe found
Basis of bearing: ® F.C.G.S. Monument
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 �.'%% (ti OF O/y
and NGS OPUS solution. .` �P,.• �p
I hereby certify that:ME
This drawing represents the results of an actual field survey BRIAN P.
of the premises performed by American Structurepoint. Inc., and 13INGHAM
is true nd cc ect to thebestof my knowledge and be ief. = O : 8438 O
L� .s e✓` y//Z y� e/8
e9
• 0'n '9Y'rian P. FGISTEQ�•'
ABingham,
meri anStrruct repointN 8438 D nct� ,���.�SS'IpNALs��'+,'
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Philip R. N ll
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Dianne W. Nolette
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47
Karen Marie Sharp
and
Michael R. Sharm.
42
City of Dublin
s
42
City of Dublin
s
61
Tax Liens, 42
LLC
City of Dublin
�I 60
and 42
Ahmed Abdul
!uabeer Qureshi City of Dublin
UL!
49
11-1
48
t The Village at
Balgriffin
Dubliny of Comdominiun
Dublin . 0
Ginger Shepherd
and 41
James L. Sheperd
Christopher R. Freeman
and
JL Michelle R. Freeman
44 John D. Kormorak
Q9
and
Kelly MaInard haron L. Kormorak
and
P. Michael Hous
and
Judy Faye Houser i
Kincaid
` + %
Charles E. Fry, Jr.
and
Amy L. Fry
Mary J.
Reimann
Edmund L. K�
and
Donna K. Kroh
V..J William M.Thomas, Jr.
A.V.Tadeshi and
� Felicia Quinn and
and Linda T. Thomas
John J. Quinn J.D.Tadeshi
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