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17-09 OrdinanceRECORD OF ORDINANCES 17-09 Ordinance No. __ Form No 'i0(}13_ Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEDICATION OF A 0.46 ACRES, MORE OR LESS, UTILITIES EASEMENT FROM THE DUBLIN CITY SCHOOLS DISTRICT BOARD OF EDUCATION FOR THE CONSTRUCTION OF A WATERMAIN ON THE NORTH SIDE OF EMERALD PARKWAY, EAST OF COFFMAN ROAD, WEST OF MCDEVITT DRIVE, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin (the "City") is installing a watermain as part of its improvement plans for Emerald Parkway, said watermain to benefit the tenants and residents proximately located; WHEREAS, said installation will require the City of Dublin to obtain or receive by dedication a 0.46 acres, more or less, easement for utilities in and to the premises described in the attached Exhibit "A", located in the City of Dublin, County of Franklin, State of Ohio; WHEREAS, the current owner of the property wherein the easement runs, the Dublin City Schools District Board of Education (the "City Schools"), desires to dedicate the easement to the City; and WHEREAS, this ordinance authorizes the City Manger to enter into an easement agreement for utilities with the City Schools to consummate the dedication of the City Schools' property interest. NOW, THEREFORE, BE IT ORDAINED 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 execute an easement agreement consummating the dedication to the City of a 0.46 acres, more or less, utilities easement from the City Schools, said acreage located on the north side of Emerald Parkway, east of Coffman Road, west of McDevitt Drive, City of Dublin, County of Franklin, State of Ohio, and as further described in the attached Exhibit "A." Execution of this easement agreement by the City Manager will allow for the construction of the watermain within the easement. Section 2. 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 installation of the watermain is necessary to improve the health and welfare of citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this ~ day of ,~~ , 2009. Mayor -Presiding ATTEST: C~ ~ Clerk of Council ~SCHOTTENSTEIN ZOX~L:.DUNN ,.. NfENfORA1VDUNf TO: Dublin City Council Terry Foegler, City Manager Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: March 12, 2009 RE: Ordinance No. 17-09 Appropriation -Dublin City Schools Emerald Parkway Improvement Project INTRODUCTION This ordinance authorizes the City Manger of the City of Dublin (the "City") to execute a utilities easement which has already been executed by the Dublin City Schools District Board of Education ("City Schools"). Execution of the easement by the City Manager will consummate the dedication of the easement from the City Schools to the City. PROJECT BACKGROUND: The City is preparing to install an eight (8) inch wide waterline in furtherance of its effort to improve Emerald Parkway. The City of Columbus is requiring a thirty (30) foot wide easement for the waterline. The installation of the waterline requires the acquisition or dedication of utilities easements and a temporary construction easement from two property owners. ACQUISITION INTRODUCTION This memorandum discusses the dedication of a property interest owned by the City Schools. The dedication consists of a 0.46 acres, more or less, utilities easement located on the north side of Emerald Parkway, east of Coffinan Road and West of McDevitt Drive, in the City of Dublin, County ofFranklin, State of Ohio. ACTION TAKEN IN THIS CASE: City engineers and the Law Department have been in contact with the City Schools since Summer 2008. Mr. Jeff Eble was the contact person at the City Schools. The City Schools approved of the easement in late January, and executed the easement in early February. REC011~IMENDATION: The Law Department recommends that the second reading/public hearing of Ordinance No. 17-09 be dispensed with and that Ordinance 17-09 be approved by emergency at the March 16, 2009 Council meeting to permit the timely installation of the watermain. ' EXHIBIT A Pagc 1 or ~ PARCEL THE BOARD Of EDUCATION DUBLIN LOCAL SCH DIST 5-U Emerald Parkway \'crsion Date 07-23-08 CITY OF DUBLIN 8-INCH WATERMAIN EASEMENT FROM THE BOARD OF EDUCATION, DUBLIN LOCAL SCHOOL DISTRICT Situated in the City of Dublin, County of Franklin, State of Ohio and being in V.M.S. 2543, and being a part 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. Beginning, for reference in the northwest corner of the aforementioned 4.569 acre tract, said point also lies in the south line of Lot 26 as shown and delineated upon the recorded plat of "THE WOODS OF INDIAN RLIN" as recorded in Plat Book 76 at Page 9 in the Recorder's Office of Franklin County, Ohio; Thence N 88°46'58"E a distance of 88.18 feet along the north line of said 4.569 acre tract, and the south line of said Lot 26 to the TRUE POINT OF BEGINNING; Thence continue, N 88°46'58"E a distance of 44.04 feet along the Grantor's north line and the south line of said Lot 26 and the south line of Lot 25 of said "THE WOODS OF INDIAN RtJN" plat to an angle point; Thence S 25°56'26"E a distance of 40.66 feet along a new line into and across the Grantor's land to an angle point; Thence S 11°42'47"E a distance of 447.60 feet along a new line across the Grantor's land to a point on a curve in the northerly right-of-way line of Emerald Parkway as described in O.R. 29651 H 16; Thence along the northerly right-of--way line of Emerald Parkway with a curve to the left, and having for its elements a radius of 1256.23 feet, a delta of Ol°58' 11 ", an arc length of 43.19 feet, with a chord bearing of S 56°08'09"W a distance of 43.19 feet to the end of said curve; Thence N 11°42'47"W' a distance of 458.89 feet leaving the northerly right-of-way line of Emerald Parkway and ala~g a new line into and across the Grantor's land, non tangent to tl;e previous course to an angle point; Thence N 25°56'26"~~' a distance of 54.08 feet to a point in the north line of said 4.569 acre tract and the TRUE POINT OF BEGINNING. The above described area contains 0.460 acres within the Franklin County Auditor's Parcel Number 273-007483. Grantor claims title by Official Record 29651H02, in the records of Frankin 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 Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only, with the southerly Right-of--Way of Emerald Parkway being held as N52°04'59"E as shown. Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. J~ '~ WALTER t ~''. A. «' DODi0i1 '\9 6446 ~G . PROPOSED 8-INCH WATERMAIN EASEMENT EXHIBIT "B" CITY OF DUBLIN ~ CHARLES E RICHARD$ON and KAREN S RICHARD~ON 5150 FOREST RUN D ~ 273-006011 ~ 99 19' `Inst. jJ200804140056531 Lor zs NW Cor. t J ty N88'46'S8"E f~ ~ GOli'lFB ~~! ?~F~~ 88.18' ~ ~ !O q~ \ ~i9 ~ ~iP O\ O O 9 O i O o t !+oA o Q ~j y! O `T6' O 09 o G Q3 -~ P.O.B ~~~ o ~ ,! s T O 90 r~ gBli Z r" O CPN , a ~ a *56,~9a, O, p`~OG 9oPV00 v 41 ti `. p rpO ~GN_ ~~ 9^ J O l ~ 6 Np~y~ I - ~tio 'slti ~ ~o A O it o ~.+ r O O~ O tf1 0 n m ~ ~O m -n ~'' ~ C a Oor n O N ~ p Z n -~ O A M ~ 9 'N ~ r^ ~ A 1 ~~Or n ~ A ~ o ~ ~ 1 ~ ~ ro ~ ~{~ o l ~ ~ 1 i (~ t ### G~ ~a~ '' / ~~ o {~ ~~ I do hereby certify that this plot was based upon actual surveys of the premises performed in June, 2008, and upon ova~loble public records. Bearings used in this description are bored on Ohio State Plane Coordinates, SouthZone, NADt983 (1986 adjustment, and are for the determinolion of tingles only, with the southerly Right-o(-Way line of Emerold Porkwoy being held os N52'04'S9'E, os shown. L7~z3~~ alter Allen odson, PS 6446, Ohio pARXw INj6 E~~V R 19651.- •E E~ ~,N o , / Q r,9 ` p~8 N5z 0 Ct~ / DETAIL "A" I CHARLES E. RICHARDSON L and KAREN S. RICHARDSON -- 5150 FOREST RUN pR ~ ly I 2 73-0060 1 1 •I' \\ 2 a ~~nwvE,w,rw a~~ z7 ~' 0 0 _-- 500 • 25 ~,, :~~, ~_~ an of Du©uN ~ ,,, ME 80ARD OF EDUCAIIDN DUHLIN LOCAL SCHOOL DISTRICT z7}-oo7ae} SEE DE(AIL •'A" n}.otczo6 / ~. ir~~' / ~\ _~- / i /oApK~p~ D ENf~ C aRO15 Emero d Pw.yC / 273-00820} i insl /199706190027}80 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _}0.197 Acres _ _ _ ._ _ _ CARDINAL HEALTH, INC. I 5075 Emerold Pk«y 27}_008210 ~: Incl. Ni99708070065980 \ }1.5}a Acres / ~~ / / ~. y~ LOCATION MAP ,~~~ ~~ / ~ / ,- ~ CURVE DATA TABLE C~ A L R C CB C1 1'58'11" 43.19' 1256.23' 43.19' S 56'08'09" W I LINE DATA TABLE I LINE # I BEARING ~ LENGTH I L1 ~ N 88'46'58" E I 44.04' L2 S 25'56'26" E 40.66 L5 N 25'56'26" W 4.08 ~ ~ WRUEN ,`' A. °. i y ~~d~ '•, F ~6 ~ _1 sG,R V .E ~• ~ Hur~tes k Niple 6085 Reed Roed, Columbue, Ohlo ~}22i (6l1) 450-2050 CITY OF DUBLIN THE BOARD OF EDUCATION ,DUBLIN LOCAL SCHOOL DISTRICT D'9 EJG cnk: WAD 07-23-OE score: SHOWN Snl: t 1 PR44887