80-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043 J
Ordinance No.
80 - Passed 20
AUTHORIZING THE PURCHASE OF A 0.030
ACRE, MORE OR LESS, PERMANENT BIKEPATH
EASEMENT, FROM AERC PERIMETER LAKES,
INC., LOCATED ON THE SOUTH SIDE OF POST
ROAD, WEST OF HOLT ROAD, CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the City of Dublin ( "City ") is preparing to construct a bikepath along the
south side of Post Road, west of Holt Road; and
WHEREAS, said construction requires the City to obtain a permanent bikepath
easement in and to the premises described in the attached Exhibit "A" located in the
City of Dublin, Franklin County, Ohio;
WHEREAS, the City desires to enter into a Permanent Bikepath Easement
Agreement for the 0.030 acre, more or less, permanent bikepath easement in and to the
premises located in the City of Dublin, Franklin County, Ohio for $3,900.00.
NOW, THEREgRE, 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 a Permanent Bikepath
Easement Agreement and any other necessary documents related to the acquisition of
the 0.030 acre, more or less, bikepath easement and paying any related costs.
Section 2. This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Passed this �5 i day of � (Z-7 O o6 �4- , 2007.
w
Mayor - Presiding Officer
ATTEST:
c�
Clerk of Council
1
SCHOTTENSTEIN
ZOX &DUNN.,,,.
MEMORANDUM
TO Dublin City Council
Jane S. Brautigam, City Manager
FROM Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Stephen J. Smith, Law Director
DATE: September 27, 2007
RE: Ordinance No. 80 -07 (The AERC Perimeter Lakes, Inc. Property)
Post Road/Holt Road Bikepath
INTRODUCTION:
Ordinance 80 -07 is a follow -up to the Resolution passed by Council at the September 17, 2007
meeting. By way of background, the Resolution authorized the City to pursue all the necessary
legal requirements for the possible appropriation of the AERC Perimeter Lakes, Inc ( "AERC ")
Property. As of September 20, 2007, the negotiator has settled this matter and this Ordinance is
to authorize the City Manager to enter into a Permanent Bikepath Easement Agreement with the
landowner.
PROJECT BACKGROUND:
The City is preparing to construct a bikepath along the south side of Post Road, west of Holt
Road. This project requires the acquisition of a "partial take" (the purchase of a portion of the
parcel for right -of -way) from one property owner —AERC Perimeter Lakes, Inc, ( "AERC.
ACQUISITION DETAILS:
This project requires the acquisition of a 0.030 acre, more or less, permanent bikepath easement
in and to the premises located in the City of Dublin on the south side of Post Road, west of Holt
Road. Since the year 2006, the Law Department has been in contact with AERC to discuss
construction of the bikepath and negotiate the required easement acquisition The appraisal was
completed and the Law Department engaged M/E Company (Mr. James Howard) to negotiate
the acquisition with AERC. Mr. Howard presented an offer to AERC for compensation in the
amount of Three Thousand Nine Hundred Dollars and No Cents ($3,900.00). AERC has
accepted this offer. The Law Department has prepared this Ordinance authorizing the City
Manager to enter into a Permanent Bikepath Easement Agreement with the landowner.
RECOMMENDATION:
The Law Department and Division of Engineering recommend approval of Ordinance No. 80 -07.
PAGE 1 OF 1
DESCRIPTION OF A 0.030 ACRE TRACT
PERMANENT EASEMENT
LOCATED SOUTH SIDE OF POST ROAD,
FRANKLIN COUNTY, OHIO.
WEST OF HOLT ROAD, CITY OF DUBLIN,
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, VIRGINIA
MILITARY SURVEY NUMBER 2999, BEING A 0.030 ACRE PERMANENT EASEMENT OUT
OF A 19.883 ACRE TRACT OF LAND AS CONVEYED TO AERC PERIMETER LAKE, INC. IN
INSTRUMENT NUMBER 199905130121657, ALL REFERENCES REFER TO THE RECORDS
OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEAST CORNER OF SAID 19.883 ACRE TRACT;
SAID POINT BEING THE SOUTHERLY RIGHT -OF -WAY LINE POST ROAD (60 FEET WIDE)
AND THE WESTERLY RIGHT -OF -WAY LINE OF HOLT ROAD (60 FEET WIDE).
THENCE, SOUTH 04 0 13'22" EAST, 10.01 FEET, WITH THE EASTERLY LINE OF SAID
19.883 ACRE TRACT AND THE WESTERLY RIGHT -OF -WAY LINE OF SAID HOLT ROAD.
TO A POINT;
THENCE, SOUTH 88 0 48'13" WEST, 132.58 FEET, OVER AND ACROSS SAID 19.883 ACRE
TRACT TO A POINT IN THE WESTERLY LINE OF SAID 19.883 ACRE TRACT AND THE
EASTERLY LINE OF A 1.000 ACRE TRACT AS CONVEYED TO ALBERT L. SCHOBY AND
FLORENCE M. SCHOBY, TRUSTEES OF RECORDED IN INSTRUMENT NUMBER
199906160153761;
THENCE, NORTH 01 0 11'47" WEST, 10.00 FEET, WITH A WESTERLY LINE OF SAID 19.883
ACRE TRACT AND THE EASTERLY LINE OF SAID 1.000 ACRE TRACT TO A POINT IN THE
SOUTHERLY RIGHT -OF -WAY LINE OF SAID POST ROAD;
THENCE, NORTH 88 °48'13" EAST, 132.04 FEET, WITH THE SOUTHERLY RIGHT -OF -WAY
LINE OF SAID POST ROAD TO THE POINT OF BEGINNING, CONTAINING 0.030 ACRES
OF LAND, MORE OR LESS;
THE BASIS OF BEARING USED IN THIS DESCRIPTION IS NORTH 88 0 48'13" EAST FOR
THE SOUTHERLY RIGHT -OF -WAY LINE OF POST ROAD, PER PLAT BOOK 80, PAGE 85.
THIS DESCRIPTION WAS PREPARED FROM AVAILABLE RECORDS.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
CITY OF DUBLIN
BY: S S 0"�
R L. RYSER, P.S. DA E
PROFESSIONAL SURVEYOR NO. 7599
••• ,,��1111III p oll
I
.• p� OF ••,
., 0
JERRY(
RYSER, S
all
i� 7 598
. s, /s T E ' •
CITY
PREPARED BY THE CITY OF DUBLIN,
DIVISION OF ENGINEERING
— (� —
OF DUBLIN
5800 Shier -Rings Road • Dublin, Ohio 43016 -1236
Phone (614)410 -4600 • Fax (614)761 -6506
I)
w
w
E-
.d�
� E-
0 co
Lo
8 C4
U) x U
a U O Q
U)
W O
Q zU)
w
x �
O
a
w
SCALE: 1 " = 30'
30' 15' 0 30'
BASIS OF BEARING:
N 88'48'13" E FOR THE SOUTHERLY RIGHT —OF —WAY
LINE OF POST ROAD PER PLAT BOOK 80, PAGE 85
AND ALL OTHER BEARINGS CALCULATED FROM THIS
MERIDIAN.
EXHIBIT
10' PERMANENT ESMT.
SW CORNER POST & HOLT RD.
DUBLIN, OHIO
TERRY L. '
RYSER, P.S. c
7599
0 /SIt't
�IONAI S
60'
o
QO
z
Q I
O
I
N O
O
co W
O N
OIN
fTl
t �
I HEREBY CERTIFY THAT:
THE FOREGOING DRAWING REPRESENTS THE
RESULTS OF RECORDED DOCUMENT AND NO
FIELD SURVEY OF THE PREMISES WAS PERFORMED
AND THAT THE SAID DRAWING IS CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
DRAWN CHECKED DATE: JOB NO. — /`%� S /5 OG
JLR KR 5/15/06 RYSER P.S. 599 DATE
I
PO R OA D
-�