Ordinance 27-10RECORD OF ORDINANCES
Ordinance No.
27 -10
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACQUIRE A 0.004 ACRE, MORE OR LESS, SIDEWALK
EASEMENT FROM TRACEY J. GUTHRIE,
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin has a parking lot at Darby Street and desires to
connect that parking lot to the BriHi Square development; and
WHEREAS, such connection necessitates the conveyance of a 0.004 acre, more or
less, sidewalk easement from Tracey J. Guthrie to the City of Dublin, this property
interest being further described in the attached Exhibit "A "; and
WHEREAS, the City desires to authorize the City Manager to execute the necessary
easement document to obtain the aforementioned property interest; and
WHEREAS, it is important that this property conveyance be made at the soonest
possible time so that construction of necessary crosswalks can be completed and
pedestrian safety ensured.
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 the necessary
easement document to acquire a 0.004 acre, more or less, sidewalk easement in and to
the premises described in the attached Exhibit "A" from Tracey J. Guthrie.
Section 2 . The landowner shall be compensated in the amount of One Thousand
Dollars ($1,000.00) for the acquisition of the aforementioned property interest. The
City further commits to remove approximately thirty -five feet (35') of adjacent private
sidewalk on Ms. Guthrie's property and backfill that area with soil and seed.
Section 3 . This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public health, safety, and welfare due to the need to
immediately provide safe pedestrian crossing at Darby Street and Wing Hill. This
Ordinance shall therefore be effective upon passage.
Passed this . q li� day of Q 7`' , 2010.
Mayor - P r6 ft O fficer
ATTEST:
Clerk of Council
SZD
SCHOl ENSWN
7O%& OONN, .-
MEMORANDUM
TO: Dublin City Council
Terry Foegler, City Manager
Fred Hahn, Director of Parks and Open Space
FROM: Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
DATE: August 5, 2010
RE: Ordinance 27 -10 - Authorizing Acquisition of Sidewalk Easement from
Tracey Guthrie
INTRODUCTION:
This ordinance is before Council for second reading. As previously stated, the ordinance
authorizes the City Manager of the City of Dublin (the "City ") to execute necessary conveyance
documentation to acquire a sidewalk easement from Tracey Guthrie. Acquisition of this
easement is necessary so that the City can connect the Darby Street parking lot to the BriHi
Square development. hi addition to compensating Ms. Guthrie in the amount of one thousand
dollars ($1,000.00) for the easement, Fred Hahn has negotiated with her for the City to also
complete some site work adjacent to the proposed easement. The site work includes removing
approximately thirty -five feet (35') of private sidewalk and backfilling that area with soil and
seed.
The City is acquiring a 0.004 acre, more or less, sidewalk easement from Ms. Guthrie. The maps
to the legal descriptions attached to the legislation provide an accurate depiction of those
property interests being acquired.
Since the first reading of the ordinance, the Law Department and Parks and Open Space Staff
have discussed the potential safety implications of the lack of a pedestrian crossing at Wing Hill
and Darby Street. We now believe it is important to provide for emergency passage of the
ordinance so that construction can commence immediately upon passage of the necessary
easement.
RECOMMENDATION:
The Law Department recommends adoption of Ordinance No. 27 -10 as an emergency ordinance
on August 9, 2010.
I I I I
O•67TY PARKINV
34 DARBY STREET
R S, cut
Pr op. a I
P ave n
,.,v
I r I 7rRp, �Q
oc
(See S4nitary
In
gress I R
Esm 1.
O.R. 8608 F01 I D
Pg. 76
ry
Existing Zoning
Bridge and High Streets Development
IN
G
07- 099Z/FOP
7'ax District and Parcel Number.-
NOTE..
This area not part of the site
Ad
sommon
permit scope of war*. Work to
(To he Combined)
FEMA Firm Community Pane•
Esm t .16
r u e - a pster
Prop. A "
R �
Denoted thus-
w
L Ih. 200,605S-009A960
1...11
Parcel Area:
a687 Ac. (29, 931.40 SF)
311110
0.436 Ac. 19034.90 S.F.)
R
0.25f Ac.(10,896.50 S.F.)
�
, °N ;
O
I e I ��
0.098 Ac.(4,25261 S.F.)
Addresses:
MEN
2 0
.1......
West Bridge Street
C� II I
I
I
1st Floor - J, 7 11 & 15
ME ME 0 RIW
WE M o 0 A ...... . . . .
2nd floor - 19, 23 27 & 31
11 a
�'��`
. . . I I I I I I I I I
................ 1 ZR�
VOW station.
0.002 Ac.(72.00 SF)
B
Ex ldg.
2-
(Subarea
W
Interior Green Space
0.088 Ac.(2,966.43 SF)
A
Lot Coverage Provided.•
. ,
Permitted Uses.•
Ex. Drive
,]MENNEN
Subarea *8" - All uses Isted In Section 153.036 Historic Business
. . . . . . . . . . . . . .
and Specialty / Neighborhood / Miscellaneous Food Stores / Retail
Food Stores.
OMEN
MMOSEM
Na property or right-of-wF
,Y setbacks required for buildings. Stair
handrails may encroach 24 maximum Into public RIW (sidewalk).
W..
L Bldg.
'9'og-,
.....
I a
Now Rol
oil
m
g
;;;;;w1 21V
L
o n .31-1 1--1111 21 11
r, U I
-
�
it
i
II
ii 6.3
.
-
1 11 a..
Mumma K
0 . a . i U"
IT
a
- HERM L. Yr_^0A=K
art
Ex. Drive
/W. 20OX
1 11 11 7i
0 N,
ry
Existing Zoning
Bridge and High Streets Development
IN
G
07- 099Z/FOP
7'ax District and Parcel Number.-
NOTE..
This area not part of the site
sommon
permit scope of war*. Work to
(To he Combined)
FEMA Firm Community Pane•
be Included with Building Permits.
r u e - a pster
Prop. A "
R �
Denoted thus-
: R
L Ih. 200,605S-009A960
1...11
------------------
, T
11EDW, L. MU Ex. Bldg.
Ex. Bldg. O.R. 0 G04
J, Wl 84, 0 20 20 40
91
100508020954706
SCALE LIV FEET
ZX WING HILL Bike Rack. - — — — — — —
D(. NORTH STREET
Temp. Construction Est
Property Line -.
'IEWA L. &L
aq. 356, Pa 602
_24iD,AR&, TRSET
-Prop. Sidewalk Ex Bidg.
-Temp. Construction EsmI,
F -1.26' Property Line—_
Prop. Dumpster Area 6
Building A
(Subarea 'B")
102.67'
........... ....
MICK - Waswalk — crop. a UUM• Ex. Fc. of CrbJ
To Be Remo ve d & (Tjp-)
Reconstructed)
9 Plan Ex. Pwnt. Striping
t
EX. WEST BRIDGE STREET i � 19 EX EAST BRIDGE STREET
xSLawa;k-m�
N
SITE DATA TABLE
Existing Zoning
Bridge and High Streets Development
IN
G
07- 099Z/FOP
7'ax District and Parcel Number.-
FIX. Bid,
25 AURT'i X� 4 Ta
sommon
(To he Combined)
FEMA Firm Community Pane•
39049CO126H
r u e - a pster
Prop. A "
R �
Rood Zone X*
Area determined to be outside
L Ih. 200,605S-009A960
1...11
Parcel Area:
a687 Ac. (29, 931.40 SF)
311110
0.436 Ac. 19034.90 S.F.)
1.7?
11
mk g"0;'; 0�?
,6
0.25f Ac.(10,896.50 S.F.)
----
���Ex. Bldg.
25 IVURTH CO. LTD,
hM 200605,'9009;' 85B
Building Area 'A. •
0.098 Ac.(4,25261 S.F.)
Addresses:
MEN
2 0
.1......
West Bridge Street
tgigggggg
Addresses. •
1st Floor - J, 7 11 & 15
ME ME 0 RIW
WE M o 0 A ...... . . . .
2nd floor - 19, 23 27 & 31
11 a
!2
Bullolng "R'
"B")
. . . I I I I I I I I I
................ 1 ZR�
VOW station.
0.002 Ac.(72.00 SF)
B
Ex ldg.
2-
(Subarea
W
Interior Green Space
0.088 Ac.(2,966.43 SF)
Area Provided.•
Lot Coverage Provided.•
. ,
Permitted Uses.•
Ex. Drive
,]MENNEN
Subarea *8" - All uses Isted In Section 153.036 Historic Business
. . . . . . . . . . . . . .
and Specialty / Neighborhood / Miscellaneous Food Stores / Retail
Food Stores.
OMEN
MMOSEM
Na property or right-of-wF
,Y setbacks required for buildings. Stair
handrails may encroach 24 maximum Into public RIW (sidewalk).
W..
L Bldg.
.....
I a
Now Rol
oil
m
g
;;;;;w1 21V
L
o n .31-1 1--1111 21 11
r, U I
0 0 NO
111 110 RU
-
1 11 a..
Mumma K
0 . a . i U"
a
- HERM L. Yr_^0A=K
art
Ex. Drive
/W. 20OX
1 11 11 7i
0 N,
S �
MICK - Waswalk — crop. a UUM• Ex. Fc. of CrbJ
To Be Remo ve d & (Tjp-)
Reconstructed)
9 Plan Ex. Pwnt. Striping
t
EX. WEST BRIDGE STREET i � 19 EX EAST BRIDGE STREET
xSLawa;k-m�
N
SITE DATA TABLE
Existing Zoning
Bridge and High Streets Development
07- 099Z/FOP
7'ax District and Parcel Number.-
273-000065 273-000148
273-000064 273-000002
(To he Combined)
FEMA Firm Community Pane•
39049CO126H
Effective Date.
March 16, 2004
Rood Zone X*
Area determined to be outside
0.2 annual chance floodplain
Parcel Area:
a687 Ac. (29, 931.40 SF)
Subarea "A' (Public Area
0.436 Ac. 19034.90 S.F.)
Subarea "B" (Buildings ';4",
0.25f Ac.(10,896.50 S.F.)
& Valet Station)
Building Area 'A. •
0.098 Ac.(4,25261 S.F.)
Addresses:
1st Roar - 8, 12 & 16
2nd Floor - 20, 24 & 28
West Bridge Street
Building Area
0.151 Ac.(6,571.89 SF)
Addresses. •
1st Floor - J, 7 11 & 15
2nd floor - 19, 23 27 & 31
North High Street
VOW station.
0.002 Ac.(72.00 SF)
Pavement Area.
0.370 Ac.(16,140.47 SF)
Total Impervious Are•
0.619 Ac.(26,964.97 SF)
Interior Green Space
0.088 Ac.(2,966.43 SF)
Area Provided.•
Lot Coverage Provided.•
93X
Permitted Uses.•
Subarea 'A' - See Text
Subarea *8" - All uses Isted In Section 153.036 Historic Business
(except those listed under Institutional, Child Care, Red & Breakfast)
and Specialty / Neighborhood / Miscellaneous Food Stores / Retail
Food Stores.
Setbacka•
Na property or right-of-wF
,Y setbacks required for buildings. Stair
handrails may encroach 24 maximum Into public RIW (sidewalk).
Summ ary of Pt7f*//79 5oaces Provided
Otfirlte 0 34 Darby Street (Parking Lot)
LEGEND
(for details, see sheets J & 4)
Brick Paver Walk
(Herringbone Pattern)
Brick Paver Walk
(Running Bond Pattern)
Asphalt Pavement
Concrete Pavement
Concrete Walk
=
otivv: Brick Paver -
tweave Pattern)
Pavement Planing /Overlay
Prop.Sawcut and Permanent
Pavement Replacement
Concrete Cobble Pavers
Ea flagstone
II
O
I
F_
U
LU
n
o
0 k IX ce
5! it (L
0 �-
Z =W
L W 00
LLI
0 YQ
LL W
LL Q Ito
Z
LU
W
C4
z
z
CO)
o m�
"o
All Pavement Designs to be verified by
a Soils Engineer prior to installation.
PREPARED BY:
z
mm 9
9 1
E—, g
EnOneen •Swayon - Plonnm -Sclenfist a!
5500 N_ Many Rand. �mbm OH 43054
614.77&� 611115.6
O SHEET
REGISTERED ENGINEER No. k�Q T21-SIV'�GA DATE
8
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that Tracey J. Guthrie ( "Grantor"), whose tax
mailing address is 32 West Bridge Street, Dublin, Ohio 43017, for and in consideration of One
Dollar ($1.00) and other valuable consideration paid by the City of Dublin, Ohio, an Ohio
municipal corporation, hereinafter called "Grantee ", receipt of which is hereby acknowledged,
hereby grants, with general warranty covenants, to Grantee, its successors and assigns forever, a
perpetual easement over the real property legally described on Exhibit "A " , attached hereto and
made a part hereof and graphically depicted on Exhibit `B" attached hereto and made a part
hereof (the "Easement Area"), for (a) the construction, installation, maintenance, repair,
alteration and replacement of a permanent sidewalk, on, over and through the Easement Area,
and (b) landscaping purposes on, over and through the Easement Area.
Grantor further grants to Grantee its agents, successor and assigns, a temporary
construction and maintenance easement over so much of the adjacent real property owned by
Grantor as is reasonably necessary to construct a sidewalk within the Easement Area and to
perform any maintenance, repairs, alterations and replacements thereof and to landscape the
Easement Area. Further, Grantee shall have the right, at its sole cost and expense, to demolish
and /or remove any existing improvements located within the Easement Area as is reasonably
required to construct, install, maintain, repair, alter, replace and use said area.
Grantee, as soon as practicable after construction of the sidewalk, shall cause any areas of
Grantor's adjacent property which are disturbed by Grantee to be restored to their former
condition as nearly as is reasonably possible; provided, however, Grantee shall not be required to
restore any improvements which Grantee removes in accordance with the immediately preceding
paragraph.
Grantor shall, at its cost, be responsible for the prompt removal of snow and ice from
sidewalks and cutting grass located within the Easement Area so that the public may use and
enjoy the same. Grantor shall have no other obligations with respect to sidewalks or landscaping
within the Easement Area. All other obligations of maintenance, repair and /or replacement
within the Easement Area shall be the responsibility of Grantee.
Grantor, its successors and assigns, hereby release the Grantee from any claims for
compensation or claims for damages resulting from this grant. Grantor, for itself, its successors
and assigns, hereby acknowledges that Grantee may make, and is hereby conferred the right to
make, the Easement Area open to the public for public use and for such other purposes as
Grantee may reasonably designate.
The agreements in this Easement shall run with the land and be binding upon and inure to the
benefit of the respective heirs, personal representatives, successors, transferees, and assigns of
the Grantor and the Grantee.
IN WITNESS WHEREOF, the said Grantor, Tracey Guthrie, and the said Grantee, the
City of Dublin, Ohio, have hereunto set their hands this day of 2010.
GRANTOR:
Tracey J. Guthrie
GRANTEE:
City of Dublin, Ohio, an Ohio municipal corporation
Terry D. Foegler, City Manager
[ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2010, before me, the
subscriber, a Notary Public in and for said County, personally came Tracey J. Guthrie, Grantor
in the foregoing Easement, and acknowledged the signing of the same to be her voluntary act and
deed for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal,
on the day and year last aforesaid.
Notary Public
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of 1 2010, before me, the
subscriber, a Notary Public in and for said County, personally came the above named City of
Dublin, Ohio, an Ohio municipal corporation, by Terry D. Foegler, its City Manager, Grantee in
the foregoing Easement, and acknowledged the signing of the same to be his voluntary act and
deed, and the voluntary act and deed of said municipal corporation for the uses and purposes
therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal,
on the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
SCHOTTENSTEIN, ZOX & DUNN
A Legal Professional Association
250 West Street
Columbus, Ohio 43215
E ulk A
SIDEWALK EASEMENT
0.004 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, lying in the Virginia
Military Survey Number 2542, being on, over, and across that 0.150 acre tract conveyed to
Tracey J. Guthrie by deed of record in Instrument Number 200609060178010 (all references
refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the northeasterly comer of said 0.150 acre tract, at a point on the
southerly line of that 0.564 acre tract conveyed to Shanghai Enterprises LLC by deed of record
in Instrument Number 200702120025649, being on the westerly right -of -way line of Darby
Street;
thence South 08° 24' 12" East, with said westerly right -of -way line, a distance of 12.00
feet to a point;
thence across said 0.I50 acre of land, the following courses and distances:
South 81 35' 48" West, a distance of 16.00 feet to a point;
North 08 24' 12" West, a distance of 12.00 feet to a point on the line common to said
0.150 and 0.564 acre tracts;
thence North 81' 35' 28" East, with said common line, a distance of 16.00 feet to the
POINT OF BEGINNING and containing 0.004 acre of land, more or less.
- = c EVANS, MECHWART, HAMBLETON & TILTON, INC.
• HEATHER % � + ' / - i�-j /�l ✓�• 7iis
KING Heather L. King U Date
-a '•. S -8307
-p •. •pF,^ 0� : Registered Surveyor No. 8307
nNAL'�
HIK Mne617,2010 "
a 0a4w I00a9DSmdw
Dale: March 17, 2010
E Ond' Mechwad, Hamueton L tilts, Inc
Enpineen • 6mveymS • Plannen • Soientah
5500 New PLony Rood, CdUr .DH 4"X51
Pl m614)15 A= td nee'. W 77S&M
emhtcom
X
,y`
SIDEWALK EEiSEMENT
VIRGINIA MILITARY SURVEY NO. 2542
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
SHANGHAI ENTERPRISES LLC
p
I IJ. 200702
TRACE'y J, GUTHRIE
0150 Ac.
IN. 200609060176010
N
0
IN
,A
�N
m
a
L n
m
Jot No, 2010 -0090
Scale: 1 = 10
HEATHER
KING
y-
10 0 10 20 1 BY �/'V' //.�(/_ :di tad. 3 P, /n
Pro fessionol Surveyor No. 83 Dote
GRAPHIC SCALE (in feel)
100090 \20100090SV\DWG \100090GEDWf. plotted by RISSLER, MICHAEL an 3/17/2010 2:20.46 PM last so�ed by MRISSLER on 3/17/2010 2 :1952 PM