37-09 OrdinanceRECORD OF ORDINANCES
37-09
Ordiii~an.ce Nn. Passed . 20
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE NECESSARY
CONVEYANCE DOCUMENTATION FOR THE
ACQUISITION OF A 0.065 ACRE, MORE OR ;
LESS, UTILITIES EASEMENT FROM FARM & ,'
POWER EQUIPMENT OF OHIO.
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 0.065 acre,
more or less, utilities easement in and to the premises described in the attached Exhibit
A from Farm & Power Equipment of Ohio; and
WHEREAS, the City desires to execute any necessary conveyance documentation to
obtain the aforementioned property interests.
NOW, THERE, 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 0.065 acre, more or less, utilities easement in
and to the premises described in the attached Exhibit "A" from Farm and Power
Equipment of Ohio.
Section 2. The landowner shall be compensated in the amount of Three Thousand
Six Hundred Fifty Dollars ($3,650.00) 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:
Clerk of Council
SCHOTTENSTEIN
ZOX .~:. D U N N
_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. 37-09 -Farm and Power Equipment of Ohio
Avery Road Widening
PROJECT BACKGROUND
Columbus
cle.el,~a
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 Farm and Power
Equipment of Ohio. This acquisition consists of a 0.065 acres, more or less, utilities easement,
said acreage located in the City of Dublin, County of Franklin, State of Ohio. The appraised
amount of this property interest was Three Thousand Six Hundred Fifty Dollars ($3,650.00).
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.
RECOMMENDATION:
The Law Department recommends dispensing with the public hearing and passage of Ordinance
37-09 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 traffic coggestion.
250 West Street, Columbus. Ohio a:_1,. s5<~? I F.O. Box 185020, Columbus, OH43218~5020 I
EXHIBIT A
PARCEL 40-U
AVERY ROAD WIDENING PROJECT
GENERAL UTILITY & DRAINAGE
PERMANENT EASEMENT
I of 2
PID
PARCEL 40-U
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 Lot 6 of Shamrock Industrial Park of record in Plat Book
51, Page12 as conveyed to Farm and Power Equipment Retailers of Ohio by deed of record in
Deed Book 3707, Page 487, records of the Recorder's Office, Franklin County, Ohio, and being
more particularly described as follows;
Beginning at a point in the existing easterly right-of--way line of Avery Road, at the
common corner of Lots 6 and 7 of said Shamrock Industrial Park;
Thence North 78 deg. 59 min. 53 sec. East, a distance of 15.17 feet along the common
line of said Lots 6 and 7, to a point;
Thence the following two (2) courses and distances, parallel with the existing easterly
right-of--way line of Avery Road, across said Lot 6;
Thence South 02 deg. 29 min. 24 sec. East, a distance of 2.03 feet to an angle
point;
2. Thence South 04 deg. 10 min. 10 sec. East, a distance of 195.34 feet to a point on
a curve northerly right-of--way line of Irelan Place;
Thence along the northerly right-of--way line of Irelan Place and the southerly line of said
Lot 6, with a curve to the right, having a radius of 30.00 feet, a central angle of 60 deg. 00 min.
00 sec., an arc length of 31.42 feet, the chord to which bears North 34 deg. 10 min. 10 sec. West,
a chord distance of 30.00 feet, to a point of tangency in the existing easterly right-of--way line of
Avery Road and the westerly line of said Lot 6;
Thence North 04 deg. 10 min. 10 sec. West, a distance of 169.58 feet along the existing
easterly right-of--way line of Avery Road and the westerly line of said Lot 6 to the Point of
Beginning of the herein described parcel, containing 0.065 acres, more or less.
Of the above described area, 0.065 acres are contained within Franklin County Auditor's
Parce1274-000104.
EXHIBIT A
2 of 2
PID
PARCEL 40-U
PROJECT AVBRY 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 Deed Book 3707, Page 487, of the
Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
,`'~yf7lffHliffifel
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~tADER
7191
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STANTEC CONSULTING SERVICES, INC.
Registered Surveyor No. 7191 Date
43 AVERY LAKES INVESTMENTS, LLC
274-000001
11.816 ACRES
I.N. 200703 1 400451 96 POINT OF
BEGINNING ~
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FCGS
MON.
X5413
41 TIMOTHY J. WHALEN, TRUSTEE
274-000140 ~
~
0.431 ACRES I ~
I . N. 2007 0524009 1 1 55 I
15'
39 HARRIS-MAREK CO., LTD.
274-000136
0.422 ACRES
I.N. 200712280220497
PRIVATE
DRIVE
37 CffY OF DUBLIN .
274-000142
0.447 ACRES
I.N. 200502110027349
30'
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NUMBER DELTA ANG. RADIUS ARC LEN CHORD DIRECTIOM CHORD
C1 60'00'00 30.00' 31.42 N 34'10'10" W 30.00'
CTIY OF DUBLIN
DEDICATED BY PLAT CITY OF DUBLIN
O SHAMROCK IND. PARK O 0.023 ACRE5
P.B. 51, PG. 12 I.N. 199712050160798
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BASIS OF BEARINGS ~+'~p ~''`°y ;
THE BEARINGS FOR THE AVER'! ROAD WIDENING ~ '~ STEVEN~'yL~
PROJECT ARE BASED UPON STATE PLANE GRID * ; E. } ;
BEARINGS FROM THE OHIO COORDINATE SYSTf]A, ~' RADER Fo
SOUTH ZONE, NAD 83 BB), AS MEASURED USING o~ 7191 r',
G.P.S. METHODS 1}I THE FRANKLIN COUNTY >~~,+~F ~6T~~`~r~~
ENGINEER'S STATK)NS "FRANK 72", 'FRANK 172", sy ti. ,....y' VQ`
'FCGS 5538', AND 'FCGS '5534'. 3 ~ 0~ N A~ s'Np~~~
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OHIO SEED
O IMPROVEMENT ASSOCIATION
51 274-000105
LOT 7
D.B. 3550, PG. 830
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SEE DETAIL
GENERAL UTILITY
~ do DRAINAGE
-U EASEMENT
51
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DETAIL ~ ~
N.T.S. ~
FARM AND POWER
EQUIPMENT RETAILERS
O OF OHIp
274-000104
LOT 6
D.B. 3707, PG. 487
-,
N 85'01'04' E _
IRELAIY PLACE (60')
EX R/W
JAMES P. CONNOLLY
35 ~ DONALD A DELEWESE
274-000099
LOT 1
~'I O.R. 2325 819
~~' SHAMROCK
INDUSTRIAL ?ARK
w P.9. 51. ?~. 12
LOT I
I
NUMBER DIRECTION DISTANCE
L1 N 78'59'53" E 15.17'
L2 S 0729'24 E 2.03'
L3 S 04' 10 10 E 195.34
L4 N 04' 10 10 W 169.58
I
I 0.065 ACRES
PARCEL 40-U
AVERY ROAD WIDENING
0177 OF DU13LIId, FRANIQlN COUNTY, OHIO
VIRGIIPIA 1QLITARY SURVEY 3004
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9GV.E IN FEET
Prepared By
Stantee Consulting Services, Ina
1500 Loke Shore Drive, Suite 100
CotUTDlte. Ohb 43204
PhonC (614) 486-4383
~IbaC ~1~. ~~ 7~zS o8
Registered Surveyer /7191 Dota
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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DRAWN CHECKED DATE: JOB N0.
MSS KBR 06/23/09 08-ON-CIP
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