96-08 OrdinanceRECORD OF ORDINANCES
96-08
Ordi~aance No.
Passed
. 20
AN ORDINA\TCE APPROPRIATING A .143 ACRES, MORE
OR LESS, UTILITIES EASEMENT AND A .009 ACRES,
MORE OR LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM CHARLES E. AND KARE\T S.
RICHARDSON, SAID ACREAGE LOCATED NORTH OF
EMERALD PARKWAY AND EAST OF COFFMAN ROAD,
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF
OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to install a waterline as part of its Emerald
Parkway improvement endeavors; and
WHEREAS, installment of the waterline will require the City of Dublin to obtain a
utilities easement as well as a temporary construction easement in and to the premises
described in the attached Exhibit "A" and Exhibit "B", located in the City of Dublin,
County of Franklin, State of Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, ~ of the elected members concurring that:
Section 1. A utilities easement and a temporary construction easement in the premises
owned by Charles E. and Karen S. Richardson located in the City of Dublin, State of Ohio,
and more fully described in the legal description attached hereto as Exhibit "A" and Exhibit
"B" is hereby appropriated for the public purpose of improving Emerald Parkway, pursuant
to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interest appropriated at thirteen thousand
five hundred dollars ($13,500.00) which sum shall be deposited with the Franklin County
Court of Common Pleas, for the use and benefit of the owners of the property appropriated as
their interests may appear. Upon such deposit, the City of Dublin shall take possession of
and enter upon the propeiTy pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that the
City has been unable to agree with the owner of the property as to appropriate compensation,
and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Franklin County Court of Common Pleas, to have a jury impaneled to assess the
compensation to be paid for the real estate herein described above.
Section 5. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of Emerald Parkway is necessary to improve traffic
circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance
shall go into immediate effect.
Passed this ~~~n day of .~~ ~~P.hn~J-C-// , 2008.
c..~-2.J
Mayor -Presiding Officer
ATTEST:
Clerk of Council
SCHOTTENSTEIN
ZOX& DU N N co _v.,
MEMORANDUM
TO: Dublin City Council
Marsha Grigsby, Interim City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: December 4, 2008
RE: Ordinance No. 96-08 Appropriation -Charles E. and Karen S. Richardson
Emerald Parkway Improvement Project
INTRODUCTION:
This Ordinance follows the Resolution passed by Council at the November 3, 2008 City Council
meeting and serves as the next step in a potential appropriation of two easements from Charles E.
and Karen S. Richardson.. The purpose of this Ordinance is to authorize the Law Department to
pursue an eminent domain action in the appropriate Court of Common Pleas if, through good
faith negotiations, the City cannot settle with the landowners.
PROJECT BACKGROUND:
The City is preparing to install a thirty (30) foot, eight (8) inch wide waterline in furtherance of
its effort to improve Emerald Parkway. The installation of the waterline requires the acquisition
of utilities easements and a temporary construction easement from two property owners.
ACQUISITION INTRODUCTION:
This memorandum discusses the acquisition of property owned by Charles E. and Karen S.
Richardson. The acquisition consists of a .143 acres, more or less, utilities easement and a .009
acres, more or less, temporary construction easement located north of Emerald Parkway and east
of Coffinan Road, City of Dublin, County of Franklin, State of Ohio.
ACTION TAKEN IN THIS CASE:
City engineers and the Law Department have been in contact with the landowners for many
moths now, and have attempted to secure the easements amicably for fair market value. A title
search was conducted and the appraisal for this property is complete. The appraiser determined
the fair market value of the property as thirteen thousand five hundred dollars ($13,500).
Ordinance 96-08, Land Appropriation -Richardson
December 4, 2008
Page 2 of 2
The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition
with the landowner. Mr. Howard has presented the offer of compensation Charles E. and Karen
S. Richardson. To date, the offer has not been accepted. As such, this Ordinance was prepared
to authorize the City, through the Law Department, to allow for litigation in which the
compensation to the landowner will be determined should settlement not be forthcoming.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 96-08 by emergency.
,~sz~.oa ,
Columbus
Cleveland
Cincinnati
250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
EXHIBIT
's A ARCEL
Version Date
Page I of 1
CHARLES E. RICHARDSON III
KAREN S. RICHARDSON 6-U
Emerald Parkway
07-23-08
CITY OF DUBLIN
EXCLUSIVE 30' WIDE 8-INCH WATERMAIN EASEMENT
FROM
CHARLES E. RICHARDSON III and KAREN S. RICHARDSON
Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2543, and
being Lot 25 as shown and delineated upon the recorded plat of "THE WOODS OF INDIAN
RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio.
Beginning, for reference, at an iron pin found at the southwest corner of said Lot 25, same being
the southeast corner of Lot 26 as shown and delineated upon the said recorded plat of "THE
WOODS OF INDIAN RUN" and being the TRUE POINT OF BEGINNING;
Thence N 24°38'14"W a distance of 67.94 feet along the property line between said Lot 25 and
Lot 26 to an angle point;
Thence N 20°21'46"E a distance of 23.49 feet along a new line into the Grantor's property to an
angle point;
Thence N 34°55'57"W a distance of 92.95 feet along a new line across the Grantor's property to
the west line of said Lot 25, same being the east line of Lot 26;
Thence N 24°38'14"W a distance of 13.99 feet along the line between said Lot 25 and Lot 26 to
an iron pin found at the northwest corner of Lot 25, same being the northeast corner of Lot 26
and lies on a circular curve in the southeasterly right-of--way line of Forest Run Drive;
Thence along the southeasterly right-of--way line of Forest Run Drive on a curve to the left,
having as its elements a radius of 50.00 feet, a delta of 32°05'23", an arc length of 28.00 feet,
with a chord bearing of N 49°19'04" E a distance of 27.64 feet to the end of said curve;
Thence S 34°55'57"E a distance of 125.20 feet along a new line, non tangent to the previous
course into and across the Grantor's property to an angle point;
Thence S 20°21'46"W a distance of 26.78 feet along a new line across the Grantor's property to
an angle point;
Thence S 24°38'14"E a distance of 69.33 feet along a new line across the Grantor's land, 30 feet
northeasterly of and parallel to the west line of Lot 25 (as measured by right angles) to a point in
the south line of Lot 25, same being the north line of a 4.569 acre tract of land, conveyed to The
Board of Education, Dublin Local School District as recorded and described in Official Record
29651H02, of the Franklin County Recorder's Office;
Thence N 89°54'50"W a distance of 33.03 feet along the south line of Lot 25 and the north line
of said 4.569 acre tract conveyed to The Board of Education, Dublin Local School District to the
TRUE POINT OF BEGINNING.
The above described area contains 0.143 acres within the Franklin County Auditor's Parcel
Number 273-006011. Grantor claims title by Instrument 200804140056531, in the records of
Franklin County, Ohio.
This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,
and was based upon actual surveys of the premises performed in June, 2008, and upon available
public records. Bearings used in this description are based on the plat of "THE WOODS OF
INDIAN RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin
County, Ohio and are for the determination of angles only, with the west line of Lot 25 being
held as 524°38' 14"E as shown
,, ,~ ~ o F ~ •-.
`'gyp 19ALi'ER y~ o~ ~ ~~ 2 ~- D ~
v, . A. Walter A. Dodson, P.S. 6446, Ohio
DOD4o~! ~ Burgess & Niple, Inc.
* ~ F 6446 ~,°.~
•• R ~v E ~ ~y
EXCLUSIVE 20' WIDE 8
CITY
i
°' ~ THE 1~Y0~0 S OF INDIAN RUN
o ~ G~, `, 76 PG ~ o,
-A ~ s , ~ ~ F+ 4 I
.-~. `a LOT 24 ~ \ ~ ° o ,
G ,~ ~ ` ` `~ S Il\
~~ ~ S `
~ \
~ -J Proposed Exclusllfe ~- zp"~ Walkway ~~mt' ~ ~ \
.~ 30' W+de B-Inch `~":_-"""" ~~~ ~ \
~pF ~ Wotermoin Easement `
`~ ~
~~ >'p CHARLES E. RICHARDSON ~~
~ is and KAREN S. RICHARDSON ~,
5150 FOREST RUN DR `~
p ~ 273-006011 ` ~~
'~ G Inst. X200804140056531
~~ LOT 25 (1.741 Ac. Calc) "~`
J ~~? r-------1
Ex. 10' U. Esmt. - _1( ~ ~''~ ~
----------- - e
~tiF
--F~- -~- e LB ---f~---- ~Sf oo~~
P.O.B Ex. 25' Wolkwoy Esmt. ~~~~~ ~~~~
THE BOARD OF EDUCATION ` ~ 99 ~OP^
1 DUBLIN LOCAL SCHOOL DISTRICT ~ ~sp,~,q~A~a ~~~
"' 273-007483 \ 9~,°~'~pA4,~~~ti
I O.R. 29651 H02 ~ P a i
4.569 Acres DETAIL "A" ` s ~s~~
0
~~pNU n n, 4h.
I do hereby certify that this plat was based upon actual surveys•••$f~, :. Dy."•.,
the premises performed in June, 2008, and upon available publ~ f. ; ~~1~ •., ~ •.
records. Bearings used in are based upon "THE WOODS OF IND~I!'~: ~ ~'. ~
RUN" as recorded in Plot Book 76, Page 9, and ore for the ~ ~ DODSON '
determination of angles only, with the westerly line of lot 25 lfeillg,p cA,~c ~,~ ,
held os S24'38'14'E, as shown. '• F~ 1MfYU ~~,
VE '
_ I,
Wolter Allen Dodson, PS 6446, Ohio
tl
~.
`CA.
LOT 26 A,
-INCH WATERMAIN EASEMENT
OF DUBLIN
EXHIBIT "B"
CHARLES E. RICHARDSON
and KAREN S. RICHARDSON
5150 FOREST RUN DR
I~ ~ 24 273-006011
I
~~~T/MBERNEW DR ~ 27 ~o
:-.-.-- 2s. 1
63~62~ 61 ~ 2
SEE DETAIL "A"
THE BOARD OF EDUCATION
DUBLIN LOCAL SCHDOL DISTRICT
273-007483
LOCATION MAP
c
~'1 CITY OF DUBLIN /
~,~ OT 273-010206 /
/. i
~o~9oG6, i i ~/
CARDINAL HEALTH, INC.
5075 Emerald Pkwy
273-008210
Inst. ~J199708070065980
31.534 Acres
LINE DATA TABLE
LINE # BEARING LENGTH
L1 N 24'36'14" W 67.94'
L2 N 20'21'46" E 23.49'
L3 N 34'55'57" W 92.95'
L4 N 24'38'14" W 13.99'
L5 S 34'55'57" E 125.20'
Ls s zo'z1'4s" w 2x.78'
L7 S 24'38'14" E 69.33'
L8 N 89'54'50" W 33.03'
PAPA/Ay
i
CARDINAL HEALTH, INC.
4775 Emerald Pkwy
273-008203
Insl. N19970619D027380
30.197 Acres
120
500'
CURVE DATA TABLE
C# ~ L R C CB
C1 32'05'23" 28.00' 50.00' 27.64' N 49'19'04" E
Bur`ese k Niple
5085 Reed Road, ColumDue, OAio 43220
(814) 459-2050
I Survey for:
CITY OF DUBLIN
CHARLES E. RICHARDSON III
KAREN S. RICHARDSON
5150 FOREST RUN DR
Dwq: EJG Cnk: WAD 07-23-OS
stole: SHOWN snt: 1 1 PR44887
EXHIBIT
B RCEL
Version Date
Page 1 of 1
CHARLES E. RICHARDSON III
KAREN S. RICHARDSON 6-T
Emerald Parkway
07-23-OS
CITY OF DUBLIN
TEMPORARY CONSTRUCTION EASEMENT
FROM
CHARLES E. RICHARDSON III and KAREN S. RICHARDSON
Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2543, and
being Lot 25 as shown and delineated upon the recorded plat of "THE WOODS OF INDIAN
RUN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio.
Being a TEMPORARY CONSTRUCTION EASEMENT, of varying width within said Lot 25 as
shown on the attached drawing, and adjacent to a proposed exclusive 30' wide 8-inch water main
easement.
The above described area contains 0.009 acres (392.04 sq ft) within the Franklin County
Auditor's Parcel Number 273-006011.
Grantor claims title by Instrument 200804140056531, in the records of Franklin County, Ohio.
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