36-09 OrdinanceRECORD OF ORDINANCES
Ordi~zance No.
36-09
Passed
20
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE NECESSARY
CONVEYANCE DOCUMENTATION FOR THE
ACQUISITION OF TEMPORARY CONSTRUCTION
EASEMENTS OF 0.030 ACRES AND 0.008 ACRES,
MORE OR LESS, FROM HARRIS-MAREK CO., INC.,
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 two temporary
construction easements of 0.030 acres, more or less, and 0.008 acres, more or less in
and to the premises described in the attached Exhibits "A" and "B" from Harris-Marek
Co., hoc.; 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 two temporary construction easements of 0.030
acres, snore or less, and 0.008 acres, more or less in and to the premises described in
the attached Exhibits "A" and "B" from the Harris-Marek Co., Inc.
Section 2. The landowner shall be compensated in the amount of Six Hundred Fifty
Dollars ($650.00) 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:
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Clerk of Council
SCHOTTENSTEIN
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TO: Dublin City Council
Terry D. Foegler, City Manager
Paul A. Hammersmith, PE, Director of EngineeringlCity Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: June 25, 2009
RE: Ordinance No. 36-09 -Harris-Marek Co., Inc.
Avery Road Widening
PROJECT BACKGROUND
The City of Dublin ("City") is preparing 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 Harris-Marek Co., Inc.
This acquisition consists of two temporary construction easements of 0.030 acres, more or less,
and 0.008 acres, more or less, said acreage located in the City of Dublin, County of Franklin,
State of Ohio. The appraised amount of this property interest was a combined Six Hundred Fifty
Dollars ($650.00).
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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.
RECOMNIENDATIi 1N:
The Law Department recommends dispensing with the public hearing and passage of Ordinance
36-09 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 traft"ic congestion.
250 West Street, Columbus. Ohio a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43218~5020 I
EXHIBIT
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PARCEL 39-T
PROJECT AVERY RD
Version Date 07,~25/OS
PARCEL 39-T
AVERY ROAD WIDENING PROJECT
TEMPORARY EASEMENT
TO PERFORM MINOR GRADIlVG
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 3004, and being part of the 0.422 acre tract conveyed to Harris-Marek Co., Ltd.,
by deed of record in Instrument Number 200712280220497, 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 60.00 feet westerly of, as measured by right angles, the centerline of right-of--way of
Avery Road as delineated upon the plat of Shamrock Industrial Park of record in Plat Book 51,
Page 12, 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 southeasterly corner of the 2.5884 acre tract conveyed to Westdale Properties, LLC, by deed
of record in Instrument Number 200412270290247;
Thence North 04 deg. 10 min. 10 sec. West, a distance of 50.00 feet along said existing
westerly right-of--way line of Avery Road, to a point in the southerly line of said 0.422 acre tract,
at the common corner of said 200 square foot tract and the 2.5884 acre tract; said point being the
Point of True Beginning of the herein described parcel;
Thence South 85 deg. 49 min. 50 sec. West, a distance of 82.98 feet along the common
line of said 0.422 and 2.5884 acre tracts, to a point;
Thence the following three (3) courses and distances across said 0.422 acre tract;
1. Thence North 04 deg. 10 min. 10 sec. West, a distance of 10.00 feet to a point;
2. Thence North 85 deg. 49 min. 50 sec. East, parallel with said common line of the
0.422 and 2.5884 acre tracts, a distance of 81.98 feet to a point ;
Thence North 04 deg. 10 min. 10 sec. West, parallel with and 5.00 feet westerly
of, as measured by right angles, the existing westerly right-of--way line of Avery
Road established by a deed to the City of Dublin of record in Official Record
17628 F14, a distance of 91.00 feet to a point in the common line of said 0.422
acre tract and the 0.431 acre tract conveyed to Hams-Marek Co., Ltd., by deed of
record in Instrument Number 200807140107466;
Thence North 85 deg. 49 min. 50 sec. East, a distance of 5.00 feet along the common line
of said 0.422 and 0.431 acre tracts to a point in said existing westerly right-of--way line of Avery
Road, at a common corner of said 0.422 and 0.431 acre tracts;
EXHIBIT A
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PARCEL 39-T
PROJECT AVERY RD
Version Datc 07/25/08
Thence South 04 deg. 10 min. 10 sec. East, a distance of 101.00 feet along said existing
westerly right-of--way line of Avery Road, and the easterly line of said 0.422 acre tract, to the
common corner of said 0.422 acre tract and said 200 square foot tract;
Thence South 85 deg. 49 min. 50 sec. West, a distance of 4.00 feet along the common
line of said 0.422 acre tract and said 200 square foot tract to the Point of True Beginning of the
herein described parcel, containing 0.030 acres, more or less.
Of the above described area, 0.030 acres are contained within Franklin County Auditor's
Parcel 274-000136.
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
200712280220497, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
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I.N. 200703140045196
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0.431 ACRES
I.N. 200807140107466
39 HARRIS-MAREK CO., LTD.
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CITY OF DUBUN, FRANKI.IIV COUNTY, OHIO
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SCALE N FEET
Prepared By
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1300 Joke Shoe Drive, Sults 100
Cdumbus, Ohio 43204
Phone: (614) 486-4383
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NUMBER DIRECTION DISTANCE
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L2 S 85'49'50' W
N 04' 10' 10' W 82.98
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L3 N 85'49'50' E 81.98'
91.00
LS N 85'49'50' E 5.00
L6 S 04' 10' 10' E 101.00
L7 S 85'49'50' W 4.00'
LB N 04' 10' 10' W 50.00'
L9 N 85'49 50' E 30.00'
L4 N 04' 10' 10" W
EXHI~BIjT
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PARCEL 41-T
PROJECT AVERY RD
Version Date 07/25/08
PARCEL 41-T
AVERY ROAD WIDENING PROJECT
TEMPORARY EASEMENT
TO PERFORM MINOR GRADING
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 3004, and being part of the 0.431 acre tract conveyed to Harris-Marek Co., Ltd.,
by deed of record in Instrument Number 200807140107466, 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 60.00 feet westerly of, as measured by right angles, the centerline of right-of--way of
Avery Road as delineated upon the plat of Shamrock Industrial Park of record in Plat Book 51,
Page 12, 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 H 16 and 32599 I01, respectively, at
the southeasterly corner of the 2.5884 acre tract conveyed to Westdale Properties, LLC, by deed
of record in Instrument Number 200412270290247;
Thence North 04 deg. 10 min. 10 sec. West, a distance of 50.00 feet to a point in the
southerly line of the 0.422 acre tract conveyed to Harris-Marek Co., Ltd., at the common corner
of said 200 square foot tract and the 2.5884 acre tract;
Thence North 85 deg. 49 min. 50 sec. East, a distance of 4.00 feet along the common line
of said 0.422 acre tract and said 200 square foot tract, to a point in the existing westerly right-of-
way line of Avery Road, being the westerly line of the 0.461 acre tract conveyed to the City of
Dublin by deed of record in Official Record 17628 F14, at a common corner of said 0.422 acre
tract and said 200 square foot tract;
Thence North 04 deg. 10 min. 10 sec. West, a distance of 101.00 feet along said existing
westerly right-of--way line of Avery Road, and the common line of said 0.422 and 0.461 acre
tracts to a point at a common corner of said 0.422 and 0.431 acre tracts; said point being the
Point of True Beginning of the herein described parcel;
Thence South 85 deg. 49 min. 50 sec. West, a distance of 5.00 feet along the common
line of said 0.431 and 0.422 acre tracts, to a point;
Thence North 04 deg. 10 min. 10 sec. West, parallel with said existing westerly right-of-
way line of Avery Road, a distance of 73.33 feet across said 0.431 acre tract, to a point in the
common line of said 0.431 acre tract and the 0.006 acre tract conveyed to the City of Dublin by
deed of record in Instrument Number 199807070169084;
EXHIBIT A
2 oe2
PID
PARCEL 41-T
PROJECT AVERY RD
Versinn Date U~25/OS
Thence North 85 deg. 43 min. 37 sec. East, a distance of 5.00 feet along the common line
of said 0.431 and 0.006 acre tracts, to a point in the existing westerly right-of--way line of Avery
Road, being the westerly line of said 0.461 acre tract, at a common comer of said 0.431 and
0.006 acre tracts;
Thence South 04 deg. 10 min. 10 sec. East, a distance of 73.34 feet along said existing
westerlyright-of--way line of Avery Road, and the common line of said 0.431 and 0.461 acre
tracts, to the Point of True Beginning of the herein described parcel, containing 0.008 acres,
more or less.
Of the above described area, 0.008 acres are contained within Franklin County Auditor's
Parcel 274-000140.
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
200807140107466, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
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EXHIBI T B OHIO SEED
IMPROVEMENT ASSOCWTION
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274-000105
AVERY LAKES INVESTMENTS, LLC I LOT 7
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I.N. 200703140045196 N
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A CfTY OF DUBLIN
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BASIS OF BEARINGS
THE BEARINGS FOR THE AVERY ROAD WIDENING PROD.
ARE BASED UPON STATE PLANE GRID BEARINGS FROM
THE oHro COORDINATE SYSTEM, SOUTH ZONE, NAD 83
(86), AS MEASURED USING G.P.S. METHODS THROUGH
THE FRANKLIN COUNTY ENGINEER'S STATIONS 'FRANK
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EX R/W
JAMES P. CONNOLLY
O ~ DONALD A. DELEWESE
35 274-000099
LOT 1
I O.R. 2325 819
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NUMBER DIRECTION DISTANCE
L1 N 85'49'50' E 30.00'
L2 N 04'10'10' W 50.00'
L3 N 85'49'50' E 4.00'
L4 N 04' 10' 10' W 101.00'
LS S 85'49'50' W 5.00'
L6 N 04' 10' 10' W 73.33'
L7 N 85'43'37' E 5.00'
L8 S 04' 10' 10' E 73.34'
PARCEL 41-T
AVERY ROAD WIDENING
CITY OF DUBLIN, FRANKLDd COUNTY, OH10
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