35-09 OrdinanceRECORD OF ORDINANCES
Ordinance No.
Parsed . 20
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE NECESSARY
CONVEYANCE DOCUMENTATION FOR THE
ACQUISITION OF A 0.095 ACRE, MORE OR
LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM WESTDALE PROPERTIES,
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; and
WHEREAS, said widening shall require the City of Dublin to obtain a 0.095 acre,
more or less, temporary construction easement in and to the premises described in the
attached Exhibit "A" from Westdale Properties, LLC; and
WHEREAS, the City desires to execute any necessary conveyance documentation to
obtain the aforementioned property interests.
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 all necessary
conveyance documentation to acquire a 0.095 acre, more or less, temporary
construction easement in and to the premises described in the attached Exhibit "A"
from Westdale Properties, LLC.
Section 2. The landowner shall be compensated in the amount of Seven Hundred
Dollars (5700.00) 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 upon adoption.
Passed this ~ day of , 2009.
.,
Mayor -Presiding Officer
ATTEST:
35-09
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. 35-09 - Westdale Properties, 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
Tuswell !Innovation Drive. In order to commence this project, the City needed to acquire
property interests from six landowners on Avery Road. These acquisitions are smaller in nature,
and consist of the acquisition of only easement property rights.
ACQUISITION INTRODUC TION:
This memorandum discusses the acquisition of property interests from Westdale Properties,
LLC. This acquisition consists of a 0.095 acres, 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 Seven Hundred Dollars ($700.00).
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
35-09 by emergency at the July 1, 2009 Council meeting. 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 traffic coggestion.
250 West Street, Columbus. Ohin a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43`<1 F ,020 I
EXHIBIT A
PARCEL 38-T
AVERY ROAD WIDENING PROJECT
TEMPORARY EASEMENT
TO RECONSTRUCT DRIVE
1 of 2
PID
PARCEL 38-T
PROJECT AVERY RD
Version Date 07/25/08
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 3004, and being part of the 2.5884 .acre tract conveyed to Westdale Properties,
LLC, by deed of record in Instrument Number 200412270290247, records of the Recorder's
Office, Franklin County, Ohio, and being more particularly described as follows;
Beginning at a point in the existing westerly right-of--way line of Avery Road, being
60.00 feet westerly of, as measured by right angles, the centerline ofright-of--way of Avery Road
as delineated upon the plat of Shamrock Industrial Park of record in Plat Book 51, Page ] 2, at the
common corner of the 432 square foot and 200 square foot tracts conveyed to the City of Dublin
by deeds of record in Official Records 32599 H16 and 32599 I01, respectively, at the
northeasterly corner of the 0.447 acre tract conveyed to the City of Dublin by deed of record in
Instrument Number 200502 1 1 0027349, and being the southeasterly corner of said 2.5884 acre
tract;
Thence the following two (2) courses and distances along the common line of said 2.5884
and 0.447 acre tracts;
1. Thence South 85 deg. 49 min. 50 sec. West, a distance of 30.00 feet, to an iron
pin set in the new right-of--way line of Avery Road;
2. Thence continuing South 85 deg. 49 min. 50 sec. West, a distance of 52.98 feet, to
a point;
Thence North 04 deg. 10 min. 10 sec. West, a distance of 50.00 feet across said 2.5884
acre tract, to a point in the common line of said 2.5884 acre tract and the 0.422 acre tract
conveyed to Harris-Marek Co., Ltd., by deed of recordZn Instrcarn~errtNumb-er
200712280220497;
Thence North 85 deg. 49 min. SO sec. East, a distance of 82.98 feet along the common
line of~aid 2.5884 and 0.422 acre tracts, to a point in said existing westerly right-of--way line of
Avery Road, at the common corner of said 2.5884 acre tract and said 200 square foot tract;
Thence South 04 deg. 10 min. 10 sec. East, a distance of 50.00 feet along said existing
westerly right-of--way line of Avery Road, and the common line of said 2.5884 acre tract and said
200 square foot tract, to the Point of Beginning of the herein described parcel, containing 0.095
acres, more or less.
Of the above described area, 0.095 acres are contained within Franklin County Auditor's
Parce1274-000047.
EXHIBIT A
2 of 2
PID
PARCEL 38-T
PROJECT AVERY RD
Version Date 07/25/08
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
200412270290247, 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
EXHIBIT B
41 TIMOTHY J. WHALEN, TRUSTEE
274-000140
0.431 ACRES
I.N. 200705240091 155
HARRIS-MAREK CO., LTD.
39 274-000136
0.422 ACRES
I.N. 200712280220497
EASE~AENT
~ L4
PRIVATE ~
DRIVE O
37 CffY OF DUBLIN
274-000142
0.447 ACRES
I.N. 200502110027349
37 CRY OF DUBLIN
274-000086
1.10 ACRES
PREVIOUS OWNER
MICHAEL 5. BLUE
I.N. 200501260015710
N 84'52'13"
33
KENDALL RIDGE
SECTION 3
P.B. 95, PG. 15
tOrl
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THE STONEHENGE-COMPANY CITY OF DUBLIN
33 274_000289 O 432 S.F. (0.010 AC.)
LOT 1 (1.630 AC.) O.R. 32599 H16
I.N. 199807210182017
WESTDALE PROPERifES, LLC CfTY OF DUBLIN
~ 274-000047 O 200 S.F.
2.5884 ACRES O.R. 32599 101
L.N. 200412270290247 M,Wti,~
did ~ 0 F yam'
BASIS OF BEARINGS , i11~p ""'~~"'`~y Z
THE BEARINGS FOR THE AVERY ROAD WIDENING ~'~ STEVEN to
PROJECT ARE BASED UPON 5iATE PLANE GRID ~* t E. ' s.
BEARINGS FROM 1HE OHK) COORDINATE SYSTE]A, ~= F ~
SOUTH ZONE, NAD 83 (86), AS MEASURED USING pF RADER c
G.P.S. METHODS THROUGH THE FRANKLIN COUNTY $ °.t'Ap 7191 6~ j ~'
ENGINEER'S STATIONS 'FRANK 72', 'FRANK 172', ~ FB~o~Ywa JQ ~i
"E"GGS 5536'. AND 'FCGS 5534'. yy ~ o,~N A ~~~ld
~ MONUMENT LEGEND
~ .O R.R.S. FOUND
~ .~' R.R.S. SET
O IRON PIN FOUND
m I.P.F. WfTH I.D. CAP x
~ 3/4' IRON PIN SET
'4S ® MONUMENT BOX
SOT 6
FARM AND POWER
EQUIPMENT RETAILERS
O OF OHIO
274-000104
LOT 6
~ D.B. 3707, PG. 487
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Ex R/w
JAMES P. CONNOLLY
~ DONALD A. DELEWESE
35
274-000099
LOT 1
O.R. 2325 619
V
~
SriAPAROCK
w iNDUSTRlAL PARK
P.B. 51, PG. !2
I LOT I
NUMBER DIRECTK)N DISTANCE
L1 S 85'49'50" W 30.00'
L2 S 85'49'50" W 52.98'
L3 N 04' 10 10 W 50.00'
L4 N 85'49'50 E 82.98'
L5 S 04' 10' 10' E 50.00'
N 85'01'04' E
34 CEMETERY
0.095 ACRES
PARCEL 38-T
AVERY ROAD WIDENING
CITY OF DUHLIDT, FRANRLIIQ COUNTY, OHIO
DIl2GIIJ7A YIIdTARY 9UKVEY 9004
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Sd1LE N FFfT
Prepared By
Stantec Consulting Services, Inc.
1500 Lake Shore Drive, Suite 100
Columbus, Ohio 43204
Phone: (614) 486-4383
~_ 7ss~
istered Surveyor /7191 Dote
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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
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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