32-09 OrdinanceRECORD OF ORDINANCES
Dacron Leeal Blank. Inc.
32-09
Orclina~ace No.
Passed . 20
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE NECESSARY CONVEYANCE
DOCUMENTATION FOR THE ACQUISITION OF A 0.031
ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM AVERY LAKES INVESTMENTS, LLC,
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin is preparing to widen Avery Road between Shier
Rings Road and Tuswell Drive /Innovation Drive;
WHEREAS, said widening shall require the City of Dublin to obtain a .031 acres,
more or less, temporary construction easement in and to the premises described in the
attached Exhibit "A" from Avery Lake Investments, LLC; and
WHEREAS, the City desires to execute any necessary conveyance documentation to
obtain the aforementioned property interests.
NOW, THEREF/ORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, C, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.031 acres, more or less, temporary
construction easement in and to the premises described in the attached Exhibit "A"
from Avery Lake Investments, LLC.
Section 2. The landowner shall be compensated in the amount of Three Hundred
Fifty Dollars (5350.00) for the acquisition of the aforementioned property interests.
Section 3. 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 widening of Avery Road 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 ~ ~' day of , 2009
Mayor -Presiding Officer
ATTEST:
Clerk~of Council
SCHOTTENSTEIN
ZOX~;DUNN
_lfElfUR-1.UD U~Lf
TO: Dublin City Council
Terry D. Foegler, City Manager
Paul A. Hammersmith, PE, Director of EggineeringlCity Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: June 25, 2009
RE: Ordinance No. 32-09 -Avery Lakes Investments, LLC
Avery Road Widening
PROJECT BACKGROUND
Columbus
cle.el,tw
The City of Dublin ("City") is preparigg to widen Avery Road between Shier Rings Road and
Tuswellllnnovation Drive. In order to commence this project, the City needs to acquire property
interests from six landowners on Avery Road. These acquisitions are small in nature, and consist
of the acquisition of only easement property rights.
ACQUISITION INTRODUC TION:
This memorandum discusses the acquisition of property interests from Avery Lakes Investments,
LLC. This acquisition consists of a 0.031 acre, more or less, temporary construction easement,
said acreage located in the City of Dublin, County of Franklin, State of Ohio. The appraised
amount of this property interest was Three Hundred Fifty Dollars ($350.00).
ACTION TAKENIN THIS CASE:
The Law Department and its negotiators were able to successfully negotiate each of the
necessary acquisitions for this project at the value appraised by the City's appraiser. The
ordinance associated with this memorandum would allow the City Manager to execute all
necessary conveyance documentation to formally acquire the aforementioned property interests.
RECONIlUIENDATION:
The Law Department recommends dispensing with the public hearing and passage of Ordinance
32-09 by emergency at the July 1, 2009 Council meetigg. The acquisition of this easement is
necessary for the road widening project, and is necessary for the public health, safety and welfare
of the City's residents as it will improve traffic circulation and relieve traft"ic coggestion.
250 West Street, Columbus. Ohin a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43`<1 F ,020 I
EXHIBIT A
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PID
PARCEL 43-T
PROTECT AVERY RD
Version Date 07/25/08
PARCEL 43-T
AVERY ROAD WIUENIlVG PROJECT
TEMPORARY EASEMENT
TO RECONSTRUCT DRIVE & PERFORM MIIVOR GRADING
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 3004, and being part of the 11.816 acre tract conveyed to Avery Lakes
Investments, LLC by deed of record in Instrument Number 200703140045196, records of the
Recorder's Office, Franklin County, Ohio, and being more particularly described as follows;
Beginning for Reference at a point in the existing westerly right-of--way line of Avery
Road, being the westerly line of the 0.003 acre tract conveyed to the City of Dublin by deed of
record in Instrument Number 199804170091945, at a common corner of said 11.816 acre tract
and the 0.431 acre tract conveyed to Harris-Marek Co., Ltd., by deed of record in Instrument
Number 200807140107466;
Thence North 04 deg. 10 min. 10 sec. West, a distance of 22.45 feet along the existing
westerly right-of--way line of Avery Road, the westerly line of said 0.003 acre tract, and the
easterly line of said 11.816 acre tract, to a common corner of said 0.003 and 11.816 acre tracts;
said point being the Point of True Beginning of the herein described parcel;
Thence the following six (6) courses and distances across said 11.816 acre tract;
1. Thence North 04 deg. 10 min. 10 sec. West, a distance of 77.39 feet to a point;
2. Thence South 85 deg. 49 min. 50 sec. West, a distance of 20.00 feet to a point;
3. Thence North 04 deg. 10 min. 10 sec. West, a distance of 35.00 feet to a point;
4. Thence North 85 deg. 49 min. 50 sec. East, a distance of 20.00 feet to a point;
5. Thence North 04 deg. 10 min. 10 sec. West, a distance of 12.58 feet to a point;
6. Thence North 85 deg. 49 min. 50 sec. East, a distance of 5.18 feet to a point in the
existing westerly right-of--way line of Avery Road, being the westerly line of the
0.095 acre tract conveyed to the City of Dublin by deed of record in Official
Record 34951 C13;
Thence South 04 deg. 10 min. 10 sec. East, a distance of 125.00 feet along said existing
westerly right-of--way line of Avery Road, the westerly line of the 0.095 acre tract to a point at a
common corner of said 11.816 and 0.003 acre tracts;
EXHIBIT A
2 ore
PID
PARCEL 43-T
PROJECT AVERY RD
Version Date 07!25/08
Thence South 86 deg. 09 min. 42 sec. West, a distance of 5.18 feet along said existing
westerly right-of--way line of Avery Road, and the common line of said 11.816 and 0.003 acre
tracts, to the Point of True Beginning of the herein described parcel, containing 0.031 acres,
more or less.
Of the above described area, 0.031 acres are contained within Franklin County Auditor's
Parcel 274-000001.
The bearings for this description are based upon State Plane Grid Bearings from the Ohio
Coordinate System, South Zone, NAD 83 (86), as measured using G.P.S. methods through
Franklin County Engineer's Stations "FRANK 72", "FRANK 172", "FCGS 5536", and "FCGS
5534".
This description was prepared by Steven E. Rader, registered surveyor 7191, and is based
upon a field survey for the City of Dublin, in March, 2008, by Stantec Consulting Services, Inc.,
under the direction of said surveyor.
Grantor claims title by the instrument of record in Instrument Number
200703 1 40045 1 96, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
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STANTEC CONSULTING SERVICES, INC.
Registered Surveyor No. 7191 Date
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AVERY LAKES
INVESTMENTS, LLC LS ~o ,
274-000001
11.816 ACRES
I.N. 200703140045196
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TEMPORARY 43
EASEMENT -T
0.031 ACRES
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41 HARRIS-MAREK CO., LTD.
274-000140
0.431 ACRES
I.N. 200807140107466
39 HARRIS-MAREK CO., LTD.
274-000136
0.422 ACRES
I.N. 200712280220497
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NUMBER DIRECTION DISTANCE
Lt N 04'10'10 W 22.45'
L2 N 04'10'10' W 77.39'
L3 S 85'49'50' W 20.00'
L4 N 04' 10' 10 W 35.00'
L5 N 85'49'50' E 20.00'
LB N 04' 10' 10~ W 12.58'
L7 N 85'49'50' E 5.18'
LB S 04' 10' 10' E 125.00'
L9 S 86'09'42' W 5.18'
OHIO SEED
O IMPROVEMENT ASSOCIATION
51 274-000105
LOT 7
D.B. 3550, PG. 830
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~ SHAMROCK
~ INDUSTRIAL PARK
w P.B. 51, PG. 12
FARM AND POWER
EQUIPMENT RETA1lERS
40 OF OHIO
274-000104
LOT 6
~ D.B. 3707, PG. 487
EX _R1W~_ -
~ PRIVATE _ 11.81• N asol'o4' E
DRIVE IRELAN PLACE (60')
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~ .°n ' 60' ~ EX R/W
~ O CITY OF DUBLIN ~ JAMES P. CONNOLLY
0 37 274-000142 35 ~ DONAL.D A. DELEWESE
0.447 ACRES ~ i OT 000099
~ I.N. 200502110027349 I O.R. 2325 B19
PARCEL 43-T
r MONUMENT LEGEND CIT`f OF DUBUN AVERY RQAD WIDENING
A' R.R.S. FOUND O 0.003 ACRES
~ 1 R.R.S. SET I.N. 199804170091945 CITY OF DUBT~N, FRANIQIN COUNTY, OHIO
'~ O IRON PIN FOUND CITY OF DUBUN VD2GDdLl 1[II.ITARY SURVEY 9004
m I.P.F. WITH I.D. CAP O 0.095 ACRES D yD 100
s • 3/4' IRON PIN SET O.R. 34951 C13
S ® MONUMENT BOX SCME N FEET
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BASIS OF BEARINGS ~ ,,-y ~ 9
P: Stontec Consultin Services, Inc.
THE BEARINGS FOR THE AVERY ROAD MfIOENING ~`~ ~~ STEVEN ~ ~ 7500 Loke Shae Drlw, Sulte 100
PROJECT ARE BASED UPON STATE PLANE GRID ~ i ~ E. s Cdumbus, Ohio 43204
BEARINGS FROM THE oHro cooROlruTE sYSrEM, ~t RADER ~~~ Phone: (614) 486-4383
SOUTH ZONE, NAD 83 (86), AS MEASURED USING ~ c ~~f 7191 Ate! ~ ~~~
G.P.S. 11ETHODS THROUGH THE FRANKLIN COUNTY ? "
~ ENGINEER'S STATKN45 FRANK 72~, 'FRANK 172, ~~SS``•...„~E+ JQ' A~ ivr/ ~ w~ti /1 /2' 08
$ 'FCGS 3336', ANO 7'CGS 5334. '}..,y~ON AI N~~t~ 'Rsgletsred Surveyor /7791 DoN
CITY OF DUBLIN
PREPARED BY THE CITY OF DUBLIN,
ENGINEERING
5800 Shier Rings Road • Dublin, Ohio 43016-1236
Phone (614)410-4600 • Fax (614)761-6506
08-007-CIP
AVERY ROAD WIDENING
IRELAN PLACE TO
SHIER-RINGS ROAD
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CITY OF DUBLIN
PREPARED BY THE CITY OF DUBLIN,
ENGINEERING
5800 Shier Rings Road ~ Dublin, Ohio 43016-1236
Phone (614)410-4600 • Fax (614)761-6506
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08-007-CIP
AVERY ROAD WIDENING
IRELAN PLACE TO
SHIER-RINGS ROAD