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Ordinance 47-10RECORD OF ORDINANCES 47 -10 Ordinance No. Passel 20 AN ORDINANCE ACCEPTING THE DEDICATION OF AN APPROXIMATE 0.336 ACRE FEE SIMPLE INTEREST FROM JOHN W. KESSLER, SAID PROPERTY LOCATED IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin (the "City "), by its Council on April 1, 1985, approved a plat that served to dedicate 7.714 acres to the City for the construction of northerly Muirfield Drive, and an additional reserve area consisting of 0.336 acres ( "Reserve Area "), the Reserve Area being depicted in the attached Exhibit "A "; and WHEREAS, based upon this information, it is apparent that the 0.336 acre Reserve Area was always intended to be part of the dedication of Muirfield Drive, but the owner of record has been Mr. John W. Kessler ( "Property Owner "), even though the City presently maintains the Reserve Area; and WHEREAS, City representatives contacted the Property Owner who was amenable to dedicating the 0.336 acre Reserve Area to the City. 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 is hereby authorized to accept the dedication of an approximate 0.336 acre fee simple interest from the Property Owner, as depicted in the attached Exhibit "A. ". Section 2. This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this _ day of (J O-Jt U a-P - V, 0 �( Mayor - P esi ing ffrcer ATTEST: Clerk of Council MEMORANDUM g TO Dublin City Council Marsha I. Grigsby, Interim City Manager Paul A. Hammersmith, PE, Director of Engineering /City Engineer FROM Stephen J. Smith, Law Director Philip K. Hartmann, Assist Law Director Asim Z. Haque, Esq. DATE: December 2, 2010 RE: Ordinance No. 47 -10 Reserve Area on Avery - Muirfield Drive between Avery Road and Tullymore Drive - Dedication from John W. Kessler INTRODUCTION: This ordinance authorizes the City of Dublin ( "City') to accept the dedication of an approximately 0.336 acre parcel of property from John W. Kessler ( "Property Owner "). This is a triangular piece of property located on Avery- Muirfield Drive, between Tullymore Drive and Avery Road, and is depicted in Exhibit "A" attached to the Ordinance. BACKGROUND: On April 1, 1985, City Council approved a plat that served to dedicate 7.714 acres to the City for the construction of northerly Muirfield Drive, and an additional reserve area consisting of 0.336 acres ( "Reserve Area "). After review, it is clear this 0.336 acre Reserve Area should have been conveyed to the City with the 1985 plat. However, the Reserve Area has remained under the ownership of Mr. John W. Kessler, although the City currently maintains the property. In anticipation of the future intersection improvements at Avery- Muirfield Drive at Tullymore Drive, Valley Stream Drive, and Avery Road (design programmed for 2011 and right -of -way acquisition and construction programmed in 2013), the City approached the Property Owner to deed the property to the City for the future roadway improvements. As required by the 1985 plat, the property will be dedicated to the City. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 47 -10 at the second reading /public hearing on January 10, 2011. Reserve Area on Avery - Muirfield Drive between Avery Road and Tullymore Drive Dedication from John W. Kessler 10211POW."I 9q