02-08 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc.
1
02 -08 (Amended)
Ordinance No. Passed
Perm No. 30043
20
it
AUTHORIZING THE PURCHASE OF A PERMANENT
SANITARY SEWER EASEMENT IN A 0.087 ACRE
TRACT, MORE OR LESS, AND A TEMPORARY
CONSTRUCTION EASEMENT IN A 0.260 ACRE
TRACT, MORE OR LESS, LOCATED WEST OF
DUBLIN ROAD, FROM A.E. WALLACE MAURER, IN
THE CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the construction of the Dublin Road /Brand Road roundabout in 2005 by
the City of Dublin damaged the on -site septic system serving the property owned by
Ruth A. Thomas at 4680 Brand Road; and
WHEREAS, to mitigate the damage to the on -site septic system the City of Dublin is
committed to providing an on -site system and connection to 4680 Brand Road to outlet
sewage from the property to the City of Dublin sanitary sewer system; and
WHEREAS, the connection requires the installation of a sanitary sewer line on and
through property owned by A.E. Wallace Maurer at 7451 Dublin Road; and
WHEREAS, said installation will require the City of Dublin obtain a sanitary sewer
easement on and through the premises depicted on the attached Exhibit "A" and a
temporary construction easement on and through the premises depicted on the attached
Exhibit "B ", located in the City of Dublin, Franklin County, Ohio.
1
WHEREAS, the City desires to enter into an agreement for the purchase of the 0.087
acre, more or less, permanent sanitary sewer easement and the 0.260 temporary
construction easement on and through the premises located in the City of Dublin,
Franklin County, Ohio for the sanitary sewer line for $12,470.00.
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 an necess
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conveyance documents related to the acquisition of the 0.087 acre, more or less,
permanent sanitary sewer easement and the 0.260 acre, more or less, temporary
construction easement and paying any related costs.
Section 2. 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 it is essential to begin construction of the sanitary sewer line so that
proper sanitary sewage disposal can be restored to the property at 4680 Brand Road.
Therefore, this ordinance shall go into immediate effect.
Passed this day of v , 2008.
t �
Mayor - Presiding Officer
ATTEST:
Clerk of Council
SCHOTTENSTEI N
ZOX &DUNNc.,,,.
MEMORANDUM
TO Dublin City Council
Jane S. Brautigam
FROM Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: January 17, 2008
RE: Ordinance 02 -08 (Amended) Land Purchase - Easement A.E. Wallace Maurer Property
Installation of a Sanitary Sewer Line for 4680 Brand Road
PROJECT BACKGROUND:
The construction of the Dublin Road/Brand Road roundabout in 2005 required the relocation of the
driveway providing access to the property owned by Ruth A. Thomas at 4680 Brand Road. This
driveway relocation impacted, and eventually permanently damaged, the on -site septic system
providing sewage disposal to the Thomas property. At that time, the City of Dublin ( "City')
committed to mitigating any damage to the on -site system by providing an on -site grinder pump and
discharge fine connecting 4680 Brand Road to the City of Dublin sanitary sewer system.
The connection requires the installation of a sanitary sewer line on and through the property owned
by A.E. Wallace Maurer at 7451 Dublin Road. The sewer line will extend along the southern and
western property fines of Mr. Maurer's property and connect to an existing manhole located within
the Wellington Subdivision along the property fine between the subdivision and the Maurer property.
The City is preparing to install the on -site system for 4680 Brand Road and construct the sanitary
sewer fine. The installation of the sewer fine requires the acquisition of a 0.087 acre, more or less,
permanent sanitary sewer easement and a 0.260 temporary construction easement on and through the
premises from Mr. Maurer.
ACQUISITION DETAILS:
A title search was completed and an appraiser was engaged. The appraiser completed his evaluation
and the Law Department engaged M/E Company (Mr. James Howard) to negotiate the needed
acquisition with Mr. Maurer. Mr. Howard presented an offer to Wallace Maurer for a compensation
amount of Twelve Thousand Four Hundred Seventy Dollars and No Cents ($12,470.00) as
determined by the City's appraiser. Mr. Maurer has accepted this offer. The Law Department has
prepared this ordinance authorizing the City Manager to execute any necessary conveyance
documents related to the acquisition of the easements.
RECOMMENDATION:
The Law Department and the Division of Engineering recommend approval of Ordinance 02 -08
(Amended).
SZD
5/8/2007 1:32:34 PM
RAA
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SURVEYING
'FOCUSED ON QUALITY'
PAGE 005/006 Fax Server
DESCRIPTION OF A 0.087 AC. PERMANENT EASEMENT
FOR THE CITY OF DUBLIN
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, BEING PART OF VIRGINIA
MILITARY SURVEY NO. 2453 AND ALSO A PART OF A 4.134 ACRE TRACT CONVEYED TO A.E. WALLACE
MAURER BY DEED OF RECORD IN INST. 200502250034482, ALL RECORDS ARE TO THE RECORDER'S OFFICE,
FRANKLIN COUNTY, OHIO:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 54 AS NUMBERED AND DELINEATED UPON THE
ORIGINAL PLAT OF SHEFFIELD PLACE SECTION 2 THEREOF OF RECORD IN PLAT BOOK 84, PAGE 68,
CONVEYED TO GREGORY A. AND KRISTEN A. JANIKIAN BY DEED OF RECORD IN INST. 200402130032361 AND
BEING THE TRUE PLACE OFBEGINNING FOR THIS PARTICULAR DESCRIPTION;
THENCE N 10 °00'05" W. A DISTANCE OF 93.70 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 ALSO BEING
THE EASTERLY LINE OF SAID SUBDIVISION, PASSING THE NORTHEASTERLY CORNER OF SAID LOT 54 AT
85.67 FEET TO A POINT;
THENCE N 87 °09'05" E. A DISTANCE OF 10.08 FEET PARALLEL TO THE EASTERLY LINE OF SAID LOT 54
THROUGH SAID 4.134 ACRE TRACT A POINT;
THENCE THROUGH SAID 4,134 ACRE TRACT THE FOLLOWING 4 COURSES:
1. THENCE S 10 ° 00'05" E, A DISTANCE OF 64.07 FEET PARALLEL TO THE NORTHERLY LINE OF SAID LOT
54 TO A POINT;
2. THENCE S 49 ° 56'32" E, A DISTANCE OF 30.67 FEET TO A POINT;
3. THENCE S 89 °53'00" E, A DISTANCE OF 246.72 FEET TO A POINT;
4. THENCE S 00 ° 07'00" W, A DISTANCE OF 10.00 FEET TO THE NORTHERLY LINE OF A 0.9189 ACRE TRACT
CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INST. 200407150164764;
THENCE N 89 °53'00" W, A DISTANCE OF 275.09 FEET ALONG THE NORTHERLY LINES OF SAID 0.9189 ACRE
TRACT, A 0.9183 ACRE TRACT CONVEYED TO RUTH A. THOMAS BY DEED OF RECORD IN DEED BOOK 3755 PG.
53, AND A 0.9184 ACRE TRACT CONVEYED TO ANNEMARIE SOMMER BY DEED OF RECORD IN DEED BOOK
3609 PG. 553, RESPECTIVELY, TO TRUE PLACE OF BEGINNING CONTAINING 0.087 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, LEASES AND RESTRICTIONS OF RECORD AND OF
RECORDS IN THE RESPECTIVE UTILITY OFFICES.
THE BEARINGS WERE BASED ON THE EASTERLY LINE OF SHEFFIELD PLACE SECTION 2 BEING S 10 ° 00'05" E.
AS SHOWN OF RECORD IN PLAT BOOK 84, PAGE 68, RECORDER'S OFFICE, FRANKLIN COUNTY. OHIO.
A PLAT OF THE SURVEY IS ATTACHED TO AND MADE PART THEREOF
I HEREBY CERTIFY THIS EASEMENT DESCRIPTION WAS PREPARED BY USING EXISTING COURTHOUSE
RECORDS, AND THAT NO ACTUAL FIELD SURVEY WAS MADE UPON THE GROUND,
JOHN JEFFREY RAAB, P.S, 7863 DATE
852 MARION ROAD, COLUMBUS, OHIO 43207 PHONE: 614 - 445 -6698 FACSIMILE: 614- 445 -7103
W W W. RAA B S UR V EYING. COM
EASEMENT PTA T
SI TUA TED IN THE STATE OF OHIO, COUNTY OF
MA T THEW H & JENNIFER FRANKLIN, CITY OF DUBL IN, VIRGINIA MILITARY
LOT 53 3
A. SCHR SURVEY NO. 2543 AND BEING PART OF 4.134 ACRE
I/VST. 200607310149076 TRACT CONVEYED TO A.E. WAL L AC£ MAURER BY DEED
P.I.B. 273- 007705 OF RECORD IN INST. 200502250034482, RECORDERS
AW7 OFFICE, FRANKLIN COUNTY, OHIO
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A.E. WALL ACE MAURER
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4.134 ACRES
P.I.D. 273 000615
Q087 ACRE'
PERAMENT CASEMENT
50'
50'
BASIS OFBEAP"GS
BEARINGS ARE BASED ON THE EAST LINE OF
SHEFFIELD PLACE SEC. 2 CSIO 00 OS EJ AS
STATED IN PLAT BOOK B4 PAGE 68,
RECORDERS OFFICE, FRANKLIN COUNTY, ONTO
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JOMV .1 RAAB, OH PROFESSIONAL PERMANENT EASEMENT
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SURVEYING
'FOCUSED ON QUALITY'
1
DESCRIPTION OF A 0.260 AC. TEMPORARY EASEMENT
FOR THE CITY OF DUBLIN
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, BEING PART OF VIRGINIA
MILITARY SURVEY NO. 2463 AND ALSO A PART OF A 4.134 ACRE TRACT CONVEYED TO A.E. WALLACE
MAURER BY DEED OF RECORD IN INST. 200502250034482, ALL RECORDS ARE TO THE RECORDER'S OFFICE,
FRANKLIN COUNTY, OHIO:
BEGINNING FOR REFERENCE AT THE SOUTHEASTERLY CORNER OF LOT 54 AS NUMBERED AND DELINEATED
UPON THE ORIGINAL PLAT OF SHEFFIELD PLACE SECTION 2 THEREOF OF RECORD IN PLAT BOOK 84, PAGE .
68, CONVEYED TO GREGORY A. AND KRISTEN A. JANIKIAN BY DEED OF RECORD IN INST. 200402130032351;
THENCE N 10 "00'05' W. A DISTANCE OF 93.70 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 ALSO BEING
THE EASTERLY LINE OF SAID SUBDIVISION, PASSING THE NORTHEASTERLY CORNER OF SAID LOT 54 AT
85,67 FEET TO A POINT;
THENCE N 87 °09'05" E. A DISTANCE OF 10.08 FEET PARALLEL TO THE NORTHERLY LINE OF SAID LOT 54
THROUGH SAID 4.134 ACRE TRACT TO THE TRUE PLACE OF BEGINNING FOR THIS PARTICULAR EASEMENT;
THENCE THROUGH SAID 4.134 ACRE TRACT THE FOLLOWING 5 COURSES:
1. THENCE N 87 °09'05' E. A DISTANCE OF 30.24 FEET PARALLEL TO THE NORTHERLY LINE OF SAID LOT
54 TO A POINT;
2. THENCE S 10 °00'05" E. A DISTANCE OF 15.19 FEET PARALLEL TO THE EASTERLY LINE OF SAID LOT 54
TO A POINT;
3. THENCE S 49 °56'32" E, A DISTANCE OF 61.34 FEET TO A POINT;
4. THENCE S 89 9 53'00" E, A DISTANCE OF 226.60 FEET TO A POINT;
5. THENCE S 00 A DISTANCE OF 40.00 FEET TO THE NORTHERLY LINE OF A 0.9189 ACRE TRACT
CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INST. 200407150164764;
THENCE N 89 °53'00' W, A DISTANCE OF 25.00 FEET ALONG THE NORTHERLY LINE OF SAID 0.9189 ACRE
TRACT TO A POINT;
THENCE THROUGH SAID 4.134 ACRE TRACT THE FOLLOWING 4 COURSES:
1. THENCE N 00'07'00" E, A DISTANCE OF 10.00 FEET TO A POINT;
2. THENCE N 89 A DISTANCE OF 246.72 FEET TO A POINT;
3. THENCE N 49 °56'32" W, A DISTANCE OF 30.67 FEET TO A POINT;
4. THENCE N 10 °00'05" W, A DISTANCE OF 64.07 FEET TO THE TRUE PLACE OFBEGINNING CONTAINING
0.260 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, LEASES AND
RESTRICTIONS OF RECORD AND OF RECORDS IN THE RESPECTIVE UTILITY OFFICES.
THE BEARINGS WERE BASED ON THE EASTERLY LINE OF SHEFFIELD PLACE SECTION 2 BEING S 10 °00 E,
AS SHOWN OF RECORD IN PLAT BOOK 84, PAGE 68, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
A PLAT OF THE SURVEY IS ATTACHED TO AND MADE PART THEREOF.
I HEREBY CERTIFY THIS EASEMENT DESCRIPTION WAS PREPARED BY USING EXISTING COURTHOUSE
RECORDS, AND THAT NO ACTUAL FIELD SURVEY WAS MADE UPON THE GROUND.
JOHN JEFFREY RAAB, P.S. 7863 DATE
852 MARION ROAD, COLUMBUS, OHIO 43207 PHONE: 614. 445.6698 FACSIMILE: 614 -445 -7103
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SURVEY NO, 2543 AND BEING PART OF 4,134 ACRE
TRACT CONVEYED TO A. E. WALL ACE MAURER BY DEED
OF RECORD IN INST, 200502250034482, RECORDERS
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BASIS OF BEA RING
BEARINGS ARE BASED ON THE £A,5
SHEFFIELD PLACE SEC. 2 <SIO °OL
STA TED IN PL A T BOOK 84 PA
RE 'S OFFICE, FRANKLIN CO
CITY OF DUBLIN
INST 200407150164764
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