57-07 ResolutionSCHOTTENSTEIN
ZOX&DUNN ,
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Tricia C. Bell
DATE: August 31, 2007
RE: Resolution 57-07 -Easement from Church of the Redeemer Moravian Church
Sawmill Road Bike Path Construction Project
PROJECT SACKGROIJND
This project requires the appropriation of a bike path and utility easement from the Church of the
Redeemer Moravian Church, Inc. ("Church") for the construction of a bike path along the west
side of Sawmill Road. The above property owner has been contacted and they are prepared to
donate the necessary land in order to construct the bike path.
PROPOSED LEGISLATION:
For the City of Dublin ("City") to undertake this construction project, the City needs to acquire a
0.276 acre, more or less, bike path and utility easement from the Church of the Redeemer
Moravian Church, Inc. After discussions between representatives of the Church and City staff,
the Church agreed to donate the necessary easement at no cost to the City. In order to accept this
donation, the Law Department has prepared the attached resolution providing for the acceptance
of the donation and will facilitate the execution of the easement to be recorded. A drawing of the
proposed easement is attached thereto for your reference.
RECOMIIZENDATION:
Legal Staff recommends approval of Resolution 57-07 accepting the easement donated by the
Church of the Redeemer Moravian Church, Inc., which is necessary for the construction of the
bike path along the west side of Sawmill Road.
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc ,Form No 30045
1
i
57-07
Pus.secf
zo
Resolution No.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT AND RECEIVE A 0.276 ACRE, MORE OR
LESS, BIKE PATH AND UTILITY EASEMENT,
DONATED BY THE CHURCH OF THE REDEEMER
MORAVIAN CHURCH, INC., LOCATED ON THE WEST
SIDE OF SAWMILL ROAD AND SOUTH SIDE OF
SUMMIT VIEW ROAD, IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN AND STATE OF OHIO.
WHEREAS, the City of Dublin is preparing to install a bike path along Sawmill Road;
and
WHEREAS, said improvement requires the City of Dublin to obtain a bike path and
utility easement in and to the premises described in the attached Exhibit "A" located in
the City of Dublin, Franklin County, Ohio; and
WHEREAS, the City desires to receive as a donation from the Church of the Redeemer
Moravian Church, Inc. a bike path and utility easement described in the attached Exhibit
"A" located in the City of Dublin, County of Franklin, State of Ohio; and
WHEREAS, this donation will require the Church of the Redeemer Moravian Church
Inc. to execute a Grant of Bike Path and Utility Easement to the City of Dublin without
consideration or compensation being paid to the Church of the Redeemer Moravian
Church, Inc.
NOW, THERE/FORE, BE IT RESOLVED by the Council, of the City of Dublin,
State of Ohio, (.,~ of the elected members concurring that:
Section 1. The City Manager is hereby authorized to accept and receive a Grant of
Bike Path and Utility Easement related to the donation from Church of the Redeemer
Moravian Church Inc.
Section 2. This resolution shall take effect and be in force from and after the earliest
date permitted bylaw.
Passed this ~~ day of ~ ~/yt~j t r, 2007.
Mayor -Presiding Officer
ATTEST:
L
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
De~jxly Clerk of Council, Dublin, Ohio
EXHIBIT "A"
DESCRIPTION OF A 0.276 ACRE
PERMANENT BIKEPATH AND UTILITY EASEMENT
LOCATED WEST SIDE OF SAWMILL ROAD AND
SOUTH SIDE OF SUMMIT VIEW ROAD
FRANKLIN COUNTY, OHIO.
SITUATED IN THE STATE OF OHIO. COUNTY OF FRANKLIN, CITY OF DUBLIN BEING IN LOT NUMBER 5, TOWNSHIP
2, RANGE 19, UNITED STATES MILITARY LANDS, AND BEING OUT OF A 7.500 ACRE TRACT PER OFFICIAL
RECORDS 13544A07 AS CONVEYED TO CHURCH OF THE REDEEMER MORAVIAN CHURCH, (ALL REFERENCES
REFER TO THE RECORDS OF THE RECORDER'S OFFICE. FRANKLIN COUNTY, OHIO) SAID 0.276 ACRE
PERMANENT EASEMENT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS
BEGINNING, FOR REFERENCE AT A POINT IN THE CENTERLINE INTERSECTION OF SAID SAWMILL ROAD AND
SUMMIT VIEW ROAD AT A FRANKLIN COUNTY MONUMENT BOX (EGGS 7738).
THENCE SOUTH 02°33'29' WEST, WITH THE CENTERLINE OF SAID SAWMILL ROAD. A DISTANCE OF 408.34 FEET
TO A POINT IN THE CENTERLINE OF SAID SAWMILL ROAD AND SOUTHEASTERLY CORNER OF SAID 7-500 ACRE
TRACT
THENCE NORTH 86`35'49" WEST. CONTINUING NlITH SAID SOUTHERLY LING OF SAID 7.500 ACRE TRACT
DISTANCE OF 40.17 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-`JVAY LINF_ OF SAID SAb'VI~tILL ROAD, TO A
POINT, SAID POINT BEING THE POINT OF BEGINNING FOR THE HEREIN 0276 ACRE PERMANENT EASEMENT
BEING DESCRIBED:
THENCE NORTH 86`35'49" WEST. CONTINUING WITH THE SOUTHERLY LINE OF SAID 7.500 ACRE TRACT, A
DISTANCE OF 15.00 FEET. TO A POINT
THENCE OVER AND ACROSS SAID 7.500 ACRE TRACT THE FOLLOWING NINE (9) COURSES
1. NORTH 02°34'54" EAST, 353.55 FEET, TO A POINT;
2, NORTH 42`00'11" WEST, 14.24 FEET, TO A POINT:
3. NORTH 86'35'17" WEST, 185.65 FEET, TO A POINT;
4. NORTH 80'50'43' WEST. 50 00 FEET, TO A POINT;
5. NORTH 86°35'17' WEST. 289.66 FEET. TO A POINT;
6 SOUTH 03°24'43" WEST, 10.00 FEET, TO A POINT;
7. NORTH 86'35'17" WEST, 20.00' FEET, TO A POINT;
8. NORTH 03"24'43" EAST, 10.00' FEET, TO A POINT;
9. NORTH 86°35'17" WEST. 190.00 FEET, TO A POINT ON THE WESTERLY LINE OF SAID 7.500 ACRE TRACT
AND THE EASTERLY LINE OF A 22.605 ACRE TRACT AS CONVEYED TO THE CITY OF DUBLIN. OFFICIAL
RECORD VOLUP~IE 16563A20;
THENCE NORTH 02"3330" EAST WITH THE EASTERLY LINE OF SAID 22.605 ACRE TRACT AND THE NIESTERLY
LINE OF SAIN 7.500 ACRE TRACT, A DISTANCE OF 5.00 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID SUMMIT VIEW ROAD, SAID POINT BEING 30.00 FEET SOUTHERLY OF AND PARALLEL. AS
MEASURED AT RIGHT ANGLES TO CENTERLINE OF SAID SUMMIT VIEW ROAD;
THENCE WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SUMMIT VIEW ROAD AND THE WESTERLY RIGHT-
OF-WAY LINE OF SAID SANJMILL ROAD THE FOLLOWING FIVE (5) COURSES.
1 SOUTH 86`35'17° EAST. 549.55 FEET, 30 FEET SOUTHERLY OF AND PARALLEL, AS MEASURED AT RIGHT
ANGLES TO THE CENTERLINE OF SAID SUMMIT VIEW ROAD TO A POINT;
2 SOUTH 03'24'43" WEST, 10.00 FEET, 40 FEET SOUTHERLY OF AND PARALLEL. AS MEASURED AT RIGHT
ANGLES TO THE CENTERLINE OF SAID SUMMIT VIEW ROAD TO A POINT:
3 SOUTH 86'35'17" EAST, 171.15 FEET. 40 FEET SOUTHERLY OF AND PARALLEL, AS MEASURED AT RIGHT
ANGLES TO THE CENTERLINE OF SAID SUMMIT VIEW ROAD TO A POINT OF CURVATURE;
4 WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 89'1011", A RADIUS OF 40.00
FEET, THE CHORD WHICH BEARS SOUTH 42'00'12" EAST. A CHORD DISTANCE OF 56.16 FEET TO A
POINT OF TANGENCY;
5 THENCE SOUTH 02`34'54" WEST WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID SAWMILL ROAD A
DISTANCE OF 328 91 FEET TO THE POINT OF BEGINNING, CONTAINING 0.276 ACRES OF LAND, MORE OR
LESS.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
THE BASIS OF BEARING USED IN THIS DESCRIPTION IS SOUTH 02'33'29" WEST FOR THE CENTER LINE OF
SAWMILL ROAD AS DELINEATED IN DEED 208o3D08 (46-WD). AND ALL OTHER BEARINGS C~4~~1~.4TED FROM
THIS MERIDIAN. THIS DESCRIPTION WAS PREPARED FROM AVAILABLE RECORDS. ,,,•~P,~E OF~~•~; 4,~
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BY: ...--,-- ~ ... ~ ~~z~oZ - RYSER, P.S. °
R L. RYSER. P. DAT7= ~ ~
PROFESSIONAL SURVEYOR NO. 7599 i -o : ~ 7599 a ~
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~~''•.S~ONAL 5~.••',.
CITY OF DUBLIN
PREPARED BY THE CITY OF DUBLIN,
DMSION OF ENGDVEERING PERMANENT BIKEPATH
& UTILITY EASEMENT
SOUTH OF SUMMIT VIEW RD. AND
Seoo ShierRinga Rona .Dublin, Ohio 43018-1238 WEST OF SAWMILL ROAD
Phone (Bia)alo-4800. Pa: (814)761-8508 DUBLIN, OHIO
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F I HEREBY CERTIFY THAT:
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~ RESULTS OF A SURVEY BASED ON RECORD
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BASIS OF BEARING• DOCUMENTS AND THAT THE SAID DRAWING
S 02'33'29' W FOR THE CENTERLINE OF SAWMILL IS CORRECT TO THE BEST OF MY KNOWLEDGE
ROAD AS DELINEATED IN DEED 20863D08 (46-WD) AND BELIEF.
AND ALL OTHER BEARINGS CALCULATED FROM _~
THIS MERIDIAN.
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DRAWN CHECKED DATE: JOB N0. 007
;JERY RY~
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JLR KBR 08/29/2007 07001CIP OHI PROFESSIONAL SURVEYOR N0. 7599