63-07 ResolutionRECORD OF RESOLUTIONS
Dayton Legal Blank, Inc ,Form No 30045
63-07
Resolution No.
Passed . 20
1
1
A RESOLUTION OF INTENT TO APPROPRIATE A
0.030 ACRE, MORE OR LESS, PERMANENT
BIKEPATH EASEMENT, FROM AERC PERIMETER
LAKES, INC., LOCATED ON THE SOUTH SIDE OF
POST ROAD WEST OF HOLT ROAD, CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the City of Dublin ("City") is preparing to construct a bikepath along the
south side of Post Road, west of Holt Road; and
WHEREAS, said construction requires the City to obtain a permanent bikepath
easement in and to the premises described in the attached Exhibit "A" located in the
City of Dublin, Franklin County, Ohio;
NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin,
State of Ohio, ~of the elected members concurring that:
Section 1. Council considers it necessary and declares its intention to appropriate,
for the purpose of construction of a bikepath along the south side of Post Road, west
of Holt Road, a permanent bikepath easement in and to the premises located in the
City of Dublin, County of Franklin, Ohio, and more fully described in the legal
description attached hereto as Exhibit "A".
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owners and persons in possession or
having an interest of record in the above-described property. This notice shall be
served according to law.
Section 3. This Resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this / 7 t~ day of , 2007.
Mayor -Presiding Officer
ATTEST:
C~yc~/~-
Clerk of Council
!J
~SCHOTTENSTEIN
ZOX~LDUNN ,
ME,~IORAND UM
TO: Dublin City Council
Jane S. Brautigam, City Manager
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: September 13, 2007
RE: Resolution No. 63-07 -The AERC Perimeter Lakes, Inc. Property
Post Road/Holt Road Bikepath
PROJECT BACKGROUND
The City is preparing to construct a bikepath along the south side of Post Road, west of Holt
Road. This project requires the acquisition of a "partial take" (the puuchase of a poifiion of the
parcel for right-of--way) from one property owner -AERC Perimeter Lakes, Inc. ("AERC").
ACQUISITION DETAILS:
This project requires the acquisition of a 0.030 acre, more or less, permanent bikepath easement
in and to the premises located in the City of Dublin on the south side of Post Road, west of Holt
Road. Since the year 2006, the Law Department has been in contact Gvith AERC to discuss
construction of the bikepath and negotiate the required easement acquisition. The appraisal was
completed and the Law Department engaged M/E Company (Mr. James Howard) to negotiate
the acquisition with AERC. After passage of this Resolution, negotiations will continue to take
place.
If an agreement can be reached, then the Law Department will prepare an ordinance authorizing
the City Manager to enter into a real estate purchase contract with AERC. If an agreement
cannot be reached, the Law Department will proceed with preparing an ordinance for
presentation to Council at the October 15, 2007 City Council meeting regarding litigation.
RECOMMENDATION:
The Law Department and Division of Engineering recommend Council approval of Resolution
No. 63-07.
PAGE 1 OF 1
DESCRIPTION OF A 0.030 ACRE TRACT
PERMANENT EASEMENT
LOCATED SOUTH SIDE OF POST ROAD,
FRANKLIN COUNTY, OHIO.
WEST OF HOLT ROAD, CITY OF DUBLIN,
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, VIRGINIA
MILITARY SURVEY NUMBER 2999, BEING A 0.030 ACRE PERMANENT EASEMENT OUT
OF A 19.883 ACRE TRACT OF LAND AS CONVEYED TO AERC PERIMETER LAKE, INC. IN
INSTRUMENT NUMBER 199905130121657, ALL REFERENCES REFER TO THE RECORDS
OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEAST CORNER OF SAID 19.883 ACRE TRACT;
SAID POINT BEING THE SOUTHERLY RIGHT-OF-WAY LINE POST ROAD (60 FEET WIDE)
AND THE WESTERLY RIGHT-OF-WAY LINE OF HOLT ROAD (60 FEET WIDE).
THENCE, SOUTH 04°13'22" EAST, 10.01 FEET, WITH THE EASTERLY LINE OF SAID
19.883 ACRE TRACT AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID HOLT ROAD.
TO A POINT;
THENCE, SOUTH 88°48'13" WEST, 132.58 FEET, OVER AND ACROSS SAID 19.883 ACRE
TRACT TO A POINT IN THE WESTERLY LINE OF SAID 19.883 ACRE TRACT AND THE
EASTERLY LINE OF A 1.000 ACRE TRACT AS CONVEYED TO ALBERT L. SCHOBY AND
FLORENCE M. SCHOBY, TRUSTEES OF RECORDED IN INSTRUMENT NUMBER
199906160153761;
THENCE, NORTH 01°11'47" WEST, 10.00 FEET, WITH A WESTERLY LINE OF SAID 19.883
ACRE TRACT AND THE EASTERLY LINE OF SAID 1.000 ACRE TRACT TO A POINT IN THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID POST ROAD;
THENCE, NORTH 88°48'13" EAST, 132.04 FEET, WITH THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID POST ROAD TO THE POINT OF BEGINNING, CONTAINING 0.030 ACRES
OF LAND, MORE OR LESS;
THE BASIS OF BEARING USED IN THIS DESCRIPTION IS NORTH 88°48'13" EAST FOR
THE SOUTHERLY RIGHT-OF-WAY LINE OF POST ROAD, PER PLAT BOOK 80, PAGE 85.
THIS DESCRIPTION WAS PREPARED FROM AVAILABLE RECORDS.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
CITY OF DUBLIN
BY: - s / S ~~
R L. RYSER, P.S. DA E
PROFESSIONAL SURVEYOR NO. 7599
'~'' ~, , ~ N A 15 ~ ~~~ `•• •
.• p~ OFD ~•,
~.• S~••.......• ~.
~ i YSER, pg
do s~ 7599
CITY
PREPARED BY THE CITY OF DUBLIN,
DIVISION OF ENGINEERING
-~-
OF DUBLIN
5800 Shier-Rings Road • Dublin, Ohio 43018-1236
Phone (614)410-4600 • Fax (614)761-6506
w
w
~~
~~~
p c~
x ~:
~ x ~ U
a U ~ Q
in ~
W ~ ~ O
~ w .-i
Qz~
wz
x~
0
a
w
SCALE: 1 " = 30'
30' 15' 0 30'
BASIS OF BEARING:
N 88'48'13" E FOR THE SOUTHERLY RIGHT-OF-WAY
LINE OF POST ROAD PER PLAT BOOK 80, PAGE 85
AND ALL OTHER BEARINGS CALCULATED FROM THIS
MERIDIAN.
EXHIBIT
10' PERMANENT ESMT.
SW CORNER POST & HOLT RD.
DUBLIN, OHIO
.TERRY L. ' ; ~
RYSER, P.S. c
X599 : ~
~ c~: C~ .
~~ONAI. S
6 0'
o
z
Q I
O
I
N 0
O
~ .~
co W
O N
OIN
fTl
t ~
I HEREBY CERTIFY THAT:
THE FOREGOING DRAWING REPRESENTS THE
RESULTS OF RECORDED DOCUMENT ANO NO
FIELD SURVEY OF THE PREMISES WAS PERFORMED
AND THAT THE SAID DRAWING IS CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
DRAWN CHECKED DATE: JOB N0. - ~i~~~ 5' is OG
JLR KR 5/15/06 .RYSER P.S. 599 DATE
~~
POST ROAD
-~