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Resolution 059-20RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Resolution No. 59-20 Passed A RESOLUTION OF INTENT TO APPROPRIATE PROPERTY AND EASEMENTS FROM DOLAN INVESTMENTS II, FROM THE PROPERTY LOCATED AT 6385 AVERY ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY TO BE NAMED UNIVERSITY BOULEVARD, WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE. 9 WHEREAS, the City of Dublin (the "City") is preparing to construct Phase 2 of the new University Boulevard (the "Project'; and WHEREAS, the Project requires that the City obtain the following property interests from the parcels identified as Franklin County Parcel Numbers 274-000120 and 274- 000119, owned by Dolan Investments II, as described in the attached Exhibits A and depicted in the attached Exhibits B: • 12 -WD: a 0.001 -acre fee simple right-of-way, with reservation of existing access. • 12-T: a 0.073 -acre temporary easement. NOW,. THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, J7 of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for thE.1 public purpose of constructing a new roadway which shall be open to the public without charge, the following property rights and easements from Dolan Investments II, each of which are described in the attached Exhibits A and depicted in the attached Exhibits B: • 12 -WD: a 0.001 -acre fee simple right-of-way, with reservation of existing access. • 12-T: a 0.073 -acre temporary easement. Secti)n 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. Section 3, This Resolution shall take effect upon adoption in accordance with 4.04(a) of the Dublin Revised Charter. Passed this day of 12020. Mayor —Presiding Officer ATTEST: -cd Clerk of Council Form 6301 Office of the City Manager City of Dublin 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo OHIO, U To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 22, 2020 Initiated By: Megan D. O'Callaghan, PE, Deputy City Manager/Chief Operating Officer Paul A. Hammersmith, PE, Director of Engineering/City Engineer Michael S. Sweder, PE, Interim Engineering Manager Philip K. Hartmann, Assistant Law Director Re: University Boulevard — Phase 2 and Avery Road / Shier Rings Road Intersection Improvement Projects Resolutions of Intent to Appropriate - Nos. 51-20 - 61-20 BACKGROUND The City of Dublin ("City") and The Ohio State University (collectively, the "Project Partners') are working together to construct public improvements in the area of Avery Road, Shier Rings Road and Eiterman Road. The Project Partners entered into an Economic Development Agreement on May 24, 2019 for the public improvements. The City engaged West Erie Realty Solutions, Ltd. ("West Erie') as the acquisition consultant for the University Boulevard - Phase 2 and the Avery Road and Shier Rings Road Intersection Improvement projects. In that role, West Erie has been the main point of contact with the property owners, and will be working with the property owners to reach amicable resolution. The Project requires the acquisition of property interest from the following property owners: • Anthony Gioffre and John Gioffre • 33 Dublin Industrial Park, LLC • Joseph F. Monska, Trustee • William L. Baker & Nancy A. Baker • Sertek, LLC • SH 725 LLC • W. Baker Holdings, LLC and William L. Baker • Avery Lakes Partners, LLC • Dolan Investments II • Samuel M. Baker • Medex, Inc. One of the acquisitions, Joseph F. Monska, Trustee, is being sought as a total take since the acquisitions will impact virtually the entire parcel. The City is hopeful that an amicable resolution can be reached with the property owners; however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. University Boulevard — Phase 2 and Avery Road and Shier Rings Road Intersection Improvement Projects September 22, 2020 Page 2 of 5 ACQUISITION The property acquisition consists of the following property interests from each of the above-named property owners and as depicted in the maps attached hereto: Property Owner Property Interests Auditor Parcel ID Number(s) Appraised Value Anthony Gioffre and John 2 -WD: 0.738 -acre fee 274-001113 $265,460 Gioffre simple r/w, w/ reservation of existing 274-001112 (Parcel 2 - 6262 Eiterman Rd.) access 2-U 1: 0.148 -acre permanent utility easement 2-U2: 0.073 -acre permanent utility easement 2-T: 0.138 -acre temporary easement 2-E: 0.301 -acre fee $19,565 (for 2-E simple r/w, w/ parcel) reservation of existing access (valued separately) 33 Dublin Industrial Park, LLC 4 -WD: 0.056 -acre PRO 274-000130 $75,240 fee simple r/w, w/ (Parcel 4 - 6280 Rings Rd) reservation of existing access 4 -WD: 0.178 -acre fee simple r/w, w/ reservation of existing access 4-U: 0.028 -acre permanent utility easement 4 -Tl: 0.120 -acre temporary easement University Boulevard — Phase 2 and Avery Road and Shier Rings Road Intersection Improvement Projects September 22, 2020 Page 3 of 5 4-T2: 0.024 -acre temporary easement Joseph F. Monska, Trustee 5 -WD: 0.561 -acre fee 273-000304 $310,000 (appraised simple r/w, w/ value of entire (Parcel 5 - 6480 Shier Rings Rd) reservation of existing parcel) access 5-S: 0.326 -acre permanent sewer easement 5-E: 0.326 -acre fee simple r/w, w/ reservation of existing access William L. Baker & Nancy A. 6-WD1: 0.056 -acre fee 273-000317 $347,200 Baker simple r/w, w/ reservation of existing (Parcel 6 — 6430 Shier Rings Rd) access 6-WD2: 0.006 -acre fee simple r/w, w/ reservation of existing access 6-WD3: 0.004 -acre fee simple r/w, w/ reservation of existing access 6-S: 0.926 -acre permanent sewer easement 6-U: 0.085 -acre permanent utility easement 6-T: 0.224 -acre temporary easement Sertek, LLC 7 -WD: 0.042 -acre fee 274-001572 $44,850 simple r/w, w/ (Parcel 7 -6399 Shier Rings Rd) reservation of existing access University Boulevard — Phase 2 and Avery Road and Shier Rings Road Intersection Improvement Projects September 22, 2020 Page 4 of 5 7-U: 0.283 -acre permanent utility easement 7-T: 0.069 -acre temporary easement SH 725 LLC 8-WD1: 0.011 -acre fee 273-009727 $24,150 simple r/w, w/ (Parcel 8 — 6245 Old Avery Rd) reservation of existing 273-000327 access 8-WD2: 0.054 -acre fee simple r/w, w/ reservation of existing access 8-U: 0.031 -acre permanent utility easement W. Baker Holdings, LLC and 9 -WD: 0.144 -acre fee 273-000316 $273,325 William L. Baker simple r/w, w/ (Parcel 9) reservation of existing (Parcels 9 and 11 — 6360-6390 Shier Rings Rd) access 9-U: 0.083 -acre 273-000302 permanent utility (Parcel 11) easement 9-T: 0.038 -acre temporary easement 11 -WD: 0.460 -acre fee simple r/w, w/ reservation of existing access 11-U: 0.002 -acre permanent utility easement 11-T: 0.029 -acre temporary easement Avery Lakes Partners, LLC 10 -WD: 0.107 -acre fee 274-001573 $125,280 simple r/w, w/ (Parcel 10 — 6201-6233 Avery Rd) University Boulevard — Phase 2 and Avery Road and Shier Rings Road Intersection Improvement Projects September 22, 2020 Page 5 of 5 RECOMMENDATION Staff recommends approval of Resolution Nos. 51-20 - 61-20 to allow the Project to continue moving forward. reservation of existing access 10-U: 0.319 -acre permanent utility easement 10-T: 0.057 -acre temporary easement Dolan Investments II 12 -WD: 0.001 -acre fee 274-000120 $5,460 simple r/w, w/ (Parcel 12 — 6385 Avery Rd) reservation of existing 274-000119 access 12-T: 0.073 -acre temporary easement Samuel M. Baker 13 -WD: 0.292 -acre fee 273-001049 $99,800 simple r/w, w/ (Parcel 13 — 6252 Avery Rd) reservation of existing access 13-T: 0.146 -acre temporary easement Medex,Inc. 15-T: 0.058 -acre 273-005584 $4,100 (Parcel 15 — 6250 Shier Rings Rd) temporary easement RECOMMENDATION Staff recommends approval of Resolution Nos. 51-20 - 61-20 to allow the Project to continue moving forward. Evans, Mechwart, Hambleton & Tilton, Inc. Engineers - Surveyors - Planners - Scientists 5500 New Albany Road, Columbus, OH 43054 Phone: 614.775.4500 Toll Free: 888.775.3648 emht.com SURVEY OF ACREAGE PARCEL VIRGINIA MILITARY DISTRICT SURVEY NUMBER 3004 CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO BASIS OF BEARINGS: The Bearings shown hereon are based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FCGS 5536 and FCGS 7752, established by the Franklin M S83'41'21 "W 58.46' FCGS 5415 J County Engineering Department, using Global C� 2 a POB Positioning System procedures and equipment, U x w and having a bearing of North 85o 37' 06" East for o u - n L4 a portion of the centerline of Shier Rings Road. LU Q r' Q L. CURVE TABLE CURVE Z �,— �—CL SURVEY NOTE: ARC I CH. BEARING This survey was prepared using documents of p� a record, prior plats of survey, and observed 46.04 z Cy � m evidence located by an actual field survey. Q N01'34'15"E 7.35' L5 w 10.00' L6 SO1'44'13"W CURVE TABLE CURVE DELTA I RADIUS ARC I CH. BEARING CH. DIST. C1 82'25'43" 1 32.00' 46.04 S42'57'04"W 42.17' ■ = MON. FND. O = 1. P. SET 00 J I.P. Set are 13/16" I.D. iron pipes 30" long with cap inscribed EMHT INC. 50 0 50 100 M mm6i—m�� i GRAPHIC SCALE (in feet) 671 PARCEL 12—WD `0.001 AC. L2 LL 7� � SHIER RINGS ROAD FRANKLIN COUNTY, OHIO RELINQUISHMENT PARCEL 5 6.718 AC. (DEED) D.B. 3452, P. 177 N83'48'26"E 291.76' Date: May 29, 2020 Scale: 1 ” = 50' Job No: 2019-0835 C.R. 42) VMS 2999 PARCEL 12—T 0.073 AC. PQB 12—T P.N. 274-000120 S84'09'55' W 261.22' RESUBDIVISION OF LOT NO. 8 10' ELECTRIC EASEMENT IN SHAMROCK INDUSTRIAL PARK D.B. 3566, P. 564 10' ELECTRIC P.B. 66, P. 46 EASEMENT LOT 11 DOLAN INVESTMENTS II I D.B. 3586, P. 881 O.R. 2752A01P.N. 274-000119 ll LO LINE TABLE LINE BEARING DISTANCE L1 NO3'20'48"E 44.04' L2 N83'48'26"E 8.24' L3 S45'33'23"W 11.76' L4 N01'34'15"E 7.35' L5 S06'11 1'34"E 10.00' L6 SO1'44'13"W 1.81' L7 N88'1 2'45"W 11.68' L8 rNOl-34'15"E 29.12' J:\20190835\DWG\04SHEETS\BOUNDARY\20190835—VS—BNDY-12.DWG plotted by PHILPOTT, ANDREW on 8/19/2020 12:55:28 PM last saved by HKING on 7/15/2020 1:46:21 PM x rat LO ' Y Of CV Y d 0¢o- rn o tQ0u7 J om T U \\I„1,/,/ I CO * �HEATHER L. _ - KING S-8307 ' By Izo I -leather L. King Date Professional Surveyor No. 8307 hking@emht.com PARCEL 12 -WD 0.001 ACRE ALL RIGHTS, 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). [Surveyor's description of premises followsl Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military District Survey Number 3004, being part of Lot 11 of that subdivision entitled "Resubdivision of Lot No. 8 in Shamrock Industrial Park", of record in Plat Book 66, Page 46, said lot being conveyed to Dolan Investments II by deed of record in Official Record 2752AOI, (all references are to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows: BEGINNING at an iron pin set at the intersection of the southerly right-of-way line of Shier - Rings Road (C.R. 42) with the easterly right-of-way line of Avery Road (C.R. 3), being in the easterly line of that 3.280 acre tract conveyed as Relinquishment Parcel 4 to Franklin County, Ohio by deed of record in Deed Book 3452, Page 177, at the common corner of said Lot 11 and that 6.718 acre tract conveyed as Relinquishment Parcel 5 to Franklin County, Ohio by deed of record in Deed Book 3452, Page 177, witness Franklin County Geodetic Survey monument 5415 found North 03° 20' 48" East, a distance of 44.04 feet, and South 83° 41' 21" West, a distance of 58.46 feet; Thence North 83° 48'26" East, with the southerly right-of-way line of said Shier -Rings Road, the line common to said Lot 11 and said 6.718 acre tract, a distance of 8.24 feet to an iron pin set; Thence South 45° 33' 23" West, across said Lot 11, a distance of 11.76 feet to an iron pin set in the easterly right-of-way line of said Avery Road, the line common to said Lot 11 and said 3.280 acre tract; Thence North 01° 34' 15" East, with the easterly right-of-way line of said Avery Road, said common line, a distance of 7.35 feet to the POINT OF BEGINNING, containing 0.001 acre, more or less. Subject, however, to all legal rights-of-way and/or easements, if any, of previous record. Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC. The Bearings shown hereon are based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FCGS 5536 and FCGS 7752, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment, and having a bearing of North 85° 37'06" East for a portion of the centerline of Shier Rings Road. This survey was prepared using documents of record, prior plats of survey, and observed evidence Iocated pyr an actual field survey. Al ......... 0,tEVANS, MECHWART, HAMBLETON & TILTON, INC. * HEATHER X 6 KING -a 5-807 Heather L. King Date '•.'P q = C) Professional Surveyor No. 8307 STE HLK: aP 0 001 ac 20190835-VS-BNDY-12.doc PRELIMINARY APPROVAL CORICH R. R01�(a"15M111, IN .P BY. ajstuart 05114/2020 r ['1-ND[N-6 0R10l;V,,u S lYru.. ,-ran ra rhn aPM•o'.,r; uJ,nt rdlr !hr „�i_,.,i,rr deuri prbvr and ; da; of ou r, er , na J�rr+w rrd h i li, r ..n•� i r.�r, dL -d u•eled —d d"'ed i,r h.ur i"k PARCEL 12-T 0.073 ACRE TEMPORARY EASEMENT A temporary easement in, upon and over the described real estates. Grantor/Owner herein retains the right to use said real estate for any and all other purposes provided that such use does not interfere with nor impair the exercise of the easement herein granted (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter). Survevor's description of Vremises followsl Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military District Survey Number 3004, being on, over, and across part of Lots 8 and 11 of that subdivision entitled "Resubdivision of Lot No. 8 in Shamrock Industrial Park", of record in Plat Book 66, Page 46, said lot being conveyed to Dolan Investments II by deed of record in Official Record 2752A01, (all references are to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows: BEGINNING in the southerly right-of-way line of Shier Rings Road (County Road 42), at a northeasterly corner of said Lot 8, the northwesterly corner of Lot 9 of "Shamrock Industrial Park" of record in Plat Book 51, Page 12; Thence South 06° 11' 34" East, with the line common to said Lot 8 and Lot 9, a distance of 10.00 feet to a point; Thence South 84' 09' 55" West, across said Lot 8 and Lot 11, a distance of 261.22 feet to a point of curvature; Thence across said Lot 11, with the arc of a curve to the left, having a central angle of 82' 25' 43", a radius of 32.00 feet, an arc length of 46.04 feet, a chord bearing of South 42° 57' 04" West and a chord distance of 42.17 feet to a point of tangency; a point; Thence South 01' 44' 13" West, continuing across said Lot 11, a distance of 1.81 feet to Thence North 880 12' 45" West, across said Lot 11, a distance of 11.68 feet to the easterly right-of-way line of Avery Road (County Road 3); Thence North 01' 34' 15" East, with said easterly right-of-way line, the westerly line of said Lot 11, a distance of 29.12 feet to a point; Thence North 45' 33' 23" East, across said Lot 11, a distance of 11.76 feet to a point in the southerly right-of-way line of said Shier Rings Road; Thence North 83° 48' 26" East, with said southerly right-of-way line, the northerly line of said Lots 11 and 8, a distance of 291.76 feet to the POINT OF BEGINNING, containing 0.073 acre, more or less. A� OF\ti q ��r fiEATHER L. KING = 5-830? STE HLK:td 0 073 ac 20190835-VS-ESMT-TEMP-12.doc EVANS, MECHWART, HAMBLETON & TILTON, INC. f Heather L. King Date Professional Surveyor No. 8307 IN 9 0 0 BATES PROPERTY 1 MANAGEMENT LTD PN 111-000130 9y 8 \ Utility Esmt 1 / (By Plot) O CITY OF DUBLIN Utility Esmt q\V PN 27 3-01 31 38 / (B plat) ��� Ian of DUBLIN \ \ UZ E PN 273-013140 ANTHONY GIOFFRE \ 1 JOHN GIOFFRE 2 Inv PN 274-0011113 aD1113 T 2 1 U1 \ ` R C W l 0 j \\ / \\ 1O STATE OF OHIO 1❑ 30' (Historic) Telephone Easement PN 273-013139 D.B. 3094, P. 660 J _ 0 40Gas Easement I.N. 201202280027242 Legend WD — Warranty Deed Present Roadway Occupied (PRO) CRY OF DUBLIN \ \\ U — Utility Easement PN 274-012314 \ \\ S — Storm Sewer Easement \\ \ T — Temporary Construction Easement s Po \ / \ \ \ A — Access Easement C — Conservation Easement \ \ Utility Esmt \ \\ \ E —Excess Land Acquisition ANTHONY GIOFFRE \ (By Plot) JOHN GIOFFRE PN 274-001112 \ \ \ STATE of aHlo PN 274-012315 TOWNSHIP OF WASHINGTON, OHIO \ •s/�� ~ PN 274-001312 0 Path Esmt \ (By Plat) Utility Esmt\ 9S O O(By Plot) \/ CITY OF DUBLIN, OHIO / CUT OF DUBLIN OHIO ti PN 274-012316 FELLOWSHIP BAPTIST PN 274-012317 CHURCH OF DUBLIN \ PN 272-000120 s �0 A0 0 Environmental / Covenant / — _ Shier Rings Road 0 CITY OF DUBLIN, OHIO PN 274-000238 Ii THE BOARD OF EDUCATION, DUBLIN CRY SCHOOL DISTRICT PN 274-000157 IX W IL X IL N 9 N N 1❑ �2 33] ® 5� © 30' (Historic) Telephone Easement i6 D.B. 3094, P. 660 40' GCs Easement 17 LN. 20120228000242 50' Gas Easement O.R. 13651D08 18 50' Gas Easement O.R. 13404615 19 Gas Easement I.N. 201202280027238 20 Cammunlcaeion Easement 25' Gas Easement I.N. 201 311 29019 8227 7' Bike Path Easement I.N. 201307080113559 10' Gas Easement D.B. 2854, P. 631 O50'.R Gas Easement O.R. 1358fiAo5 Electric Easement D.B. 2838, P. 276 29 30 31 0 Electric Easement D.B. 3746, P. 416 20'X30' Communication Easement O.R. 05708110 UtHim Easement LN. 199707080041306 D.B Electric Easement .B. 3566, P. 564 Legend WD - Warranty Deed Present Roadway Occupied (PRO) U - Utility Easement 5 - StormSeale! Easement T - Temporary Construction Easement - e 'S e d O.R. 13856ADB A - Access Easement y' d 7 15' Access Easement 0 10' Electric Easement o O.R. 13046COS I.N. 199902080031714 C -Conservation Easement 8� 5' Electric Easement ❑22 10Gas Easement I.N. 198904210099258 D.B. 2861, P. 376 E - Excess Land Acquisition O.R. 13308804 23 Gas Easement 9� 5' Electric Easement I.N. 201311290198228 D.B. 2913, P. 369 10 10' Communication Easement 24 10' Electric Easement O.R. 07527E18 I.N. 200908110117078 11 25' Gas Easement 2b 10' Electric Easement I.N. 201202280027234 D.B. 3586, P. 881 12 25' Gas Easement I.N. 201311290198231 26 10' Electric Easement D.B. 3566, P. 564 13 Gas Easement D.B. 2661, P. 38D 0 Storm Sewer Easement 14 50' Gas Easement I.N. 199712050160800 O.R. 13586A11 2B 10' Electric Easement 15 50' Cos Easement D.B. 3545, P. 625 O.R. 13404617 a 04 3 DUBLIN INDUSTRIyr�1 8 WILLIAM L. BAKER CITY OF DUBLIN, OHIO PARK, LLC PN 274-000130 6PN 273-000317 W PN 274-012316 �I 4 ��� T 6 6 III I K IL 9 D1 6 --��-- sH 72s LLc I O \ ET-517—C/P Er -1B -clP T2 PN 273-000327 a SH 725 LLC 23 5 5 N 273-00972�� 6 _ 1p D5 5 6 U W. BAKER HOLDINGS, LLC D %$ 6 PN 273-000316 �( 13 MLO SPA, F. D3 6 9 T 11 T 13 SAMUEL M. BAKER MEDEH INC 4 20T T A PN 273-005584 r Utility Esmt 4 �yD PN 9 27 -0003 4 U T w1L L KER I PN 273-oa1D49 13 -7 (By \ (By Plot)U 5 1z Ol � 9 U U P zl 00030 WD WD � T7 27 O 270 13 16 1a 215 2 0 225 4 6 b Shier Rings Road 9 6 I 12 n„� 12 3 14 ill l 7 7 10 10 RA GROUP LTD e U U U WD 1T ALAN INVESTMENTS 11 T 3 WD I28 PN 274-000106 a 3 1 O I PN 274-Caolza W C U WD BERT- 15 1U 25 _- N } 7 PN z74-061 s72 12 AVERY LAKE PARTNERS LLC 01 T DO NN 04001INVESTMENTS 11 i� d 3 PN z74-ao1 s73 I 0 Ca TZ _ _ 0 THE BOARD OF EDUCATION, DUBLIN CITY SCHOOL DISTRICT - — — — m co co PN 274-000157 A 0 OHIO SEED IMPROVEMENT ASSOCIATION THE CITYOF DUBLIN, OHIO Y W PN 274-000105 > W PN 274-Daoaa4 — —� — — 7 co 2 — CJT 100% MANS — NOT FOR CONSTRUCTION