Ordinance 14-11RECORD OF ORDINANCES
Ordinance No.
14 -11
Form No. 30043
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
FOR THE ACQUISITION OF 0.136 ACRES (WITH 0.092
ACRES AS PRESENT ROAD OCCUPIED), MORE OR LESS,
FEE SIMPLE INTEREST, AND A 0.082 ACRES, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT FROM
ADOLPH W. MAIER AND RUTH MAIER, AND DECLARING
AN EMERGENCY
WHEREAS, the City of Dublin ( "City") is preparing to construct the Emerald
Parkway Phase 8 roadway construction project; and
WHEREAS, Adolph W. Maier and Ruth Maier ( "Maier ") own a parcel that the City
must acquire property interests from in order to construct the Emerald Parkway Phase
8 project; and
WHEREAS, the City and Maier participated in discussions for the acquisition of their
property interests from Maier; and
WHEREAS, the City and Maier have come to mutually agreeable terms for the
acquisition of their property interests; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between Maier and the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 7 of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.136 acres (with 0.092 acres as present road
occupied), more or less, fee simple interest, and a 0.082 acres, more or less, temporary
construction easement from Maier, as depicted in the attached Exhibit "A ".
Section 2. Maier shall be compensated for the aforementioned property interests in
the amount of Nine Thousand Nine Hundred Fifty Dollars ($9,950.00).
Section 3 . This ordinance is declared to be an emergency necessary for the immediate
preservation of the public peace, health, safety or welfare and shall therefore be effective
upon passage.
Passed this 111\ day of 1 2011.
Mayor - P O fficer
ATTEST:
Clerk of Council
SZD
MEMORANDUM
TO Dublin City Council
Marsha I. Grigsby, City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM Stephen J. Smith, Law Director
Asim Z. Haque
DATE: April 7, 2011
RE: Ordinance No. 14 -11 — Land Acquisition - Emerald Parkway Phase 8
Adolph W. and Ruth Maier
PROJECT BACKGROUND:
The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway
construction project. The City must acquire property interests from various landowners located
within the City in order to construct this roadway project. A representative of the City has
reached out to landowners in order to gauge their respective interests in selling the needed
property interests to the City.
ACQUISITION INTRODUCTION:
City representatives successfully negotiated a land sale transaction with Adolph W. Maier and
Ruth Maier (collectively the "Maiers "). The City will be acquiring from Maier those property
interests needed for the Emerald Parkway Phase 8 project.
These property interests are generally depicted on the map that is attachedto this memorandum.
In total, the acquisition consists of the following property interests:
Property Interest Acquiring
ACRES
COST
1. Right of Way
0.044
$ 6,600
2. Present Road Occupied
0.092
$ 1
3. Temporary Easements
0.082
$ 1,850
4. Land Improvements
Trees and Lawn Sod
$ 1,500
TOTAL COMPENSATION
$ 9,950
The City also agreed to extend a sanitary sewer lateral from the new sanitary sewer to the edge of
the Seller's north property line estimated to cost $1,700. The Maiers are responsible for
extending, at their own expense, the necessary lateral from their property to the City's
constructed lateral and to pay for all connection/tap fees and inspection fees.
ACTION TO BE AUTHORIZED BY ORDINANCE:
Ordinance 14 -11 would allow the City Manager to execute all necessary conveyance
documentation to formally acquire the aforementioned property interests.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 14 -11 at the second reading/public hearing on
April 25, 2011 as the acquisition of these property interests is necessary for the furtherance of the
Emerald Parkway Phase 8 construction project.
{H21935353 } 2
EXHIBIT A
PARCEL 12 -WD
RIGHT OF WAY ACQUISITION
FROM
ADOLPH W. MAIER AND RUTH MAIER
December 22, 2009
Page 1 of 3
Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2
North, Range 19 West of the United States Military Lands, Quarter Township 2 and part of Lot
Numbered 11 being further described as part of a 3.300 acre tract of lands conveyed to Adolph
W. Maier and Ruth Maier as described in Official Record 04313 B01 of the Franklin County
Recorder's Office and being a parcel of land lying on the Right side of Bright Road as shown on
the Centerline Plat for Emerald Parkway - Phase 8 recorded in Plat Book , Page and
being more particularly described as follows:
COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at
station 39 +41.49 and the West line of Lot Number 11 and the East line of Lot Number 12 as
located in Quarter Township 2 also being the Southeast corner of a 1.670 acre tract of lands
conveyed to Michael E. Harber and Heather S. Harber as described in Instrument Number
199805270128307 and the Southwest corner of a 1.248 acre tract of lands conveyed to the City
of Dublin as described in Instrument Number 200203190070647 and the Northeast comer of a
28.105 acre tract of lands conveyed to The Borror Corporation as described in Official Record
8775 1701 (1/2 interest) with the ownership named changed by affidavit to the Borror Realty
Company as described in Official Record 26466 A15 and the Catholic Diocese of Columbus (1/2
interest) as described in Deed Book 2961, Page 661 and the Northwest corner of a 1.000 acre
tract of lands conveyed to McKitrick Properties Inc as described in Official Record 11349 1701,
also being 76.50 feet left of the centerline of proposed Emerald Parkway at station 220 +59.98;
THENCE with the centerline of Bright Road, North 87 47' 57" East for a distance of 231.03
feet to a Mag -Nail Set at the Northeast corner of a 2.000 acre tract of lands conveyed to Mary
M. Seay (1/2 Interest) and Charles J. Pethtel (1/2 Interest) and the Northwest corner of the 3.300
acre Maier lands on the centerline of existing Bright Road at station 41 +72.52 and the TRUE
POINT OF BEGINNING of the herein described parcel;
THENCE continuing with the centerline of Bright Road and the North line of the 3.300 acre
Maier lands, North 87° 47' 57" East for a distance of 55.00 feet to a Railroad Spike Found at
an angle point in the centerline existing of Bright Road at station 42 +27.52;
THENCE continuing with the centerline of Bright Road and the North line of the 3.300 acre
Maier lands, North 80° 19' 56" East for a distance of 174.96 feet to a Mag -Nail Set on the
Northwest corner of a 3.000 acre tract of land conveyed to Iacovetta Properties, LTD as
described in Instrument Number 199802170034496 and the Northeast comer of the 3.300 acre
Maier lands and on the centerline of existing Bright Road at station 44 +02.48, witness a Railroad
Spike Found bearing North 80° 19' 56" East at a distance of 328.20 feet;
THENCE with the West line of the 3.000 acre Iacovetta Properties lands and the East line of the
3.300 acre Maier lands, South 02° 54' 22" West for a distance of 40.40 feet to a Iron Pin Set on
the proposed right -of -way of Bright Road, being 39.43 feet right of the centerline of existing
Bright Road at station 43 +93.69;
THENCE with the proposed and existing right -of -way of Bright Road and through the 3.300
acre Maier lands, South 87° 47' 57" West for a distance of 226.52 feet to a Iron Pin Set on the
East line of the 2.000 acre Seay/Pethtel lands and the West line of the 3.300 acre Maier lands,
being 17.50 feet right of the centerline of existing Bright Road at station 41 +70.88;
EXHIBIT A
PARCEL 12 -WD
RIGHT OF WAY ACQUISITION
FROM
ADOLPH W. MAIER AND RUTH MAIER
December 22, 2009
Page 2 of 3
THENCE with the East line of the 2.000 acre Seay/Pethtel lands and the East line of the 3.300
acre Maier lands, North 03° 09' 01" East for a distance of 17.58 feet BACK TO THE TRUE
POINT OF BEGINNING.
The above described parcel contains 0.136 acres, including 0.092 acres in the present road
occupied on Bright Road, lying within Franklin County Auditors parcel number 273 - 008609.
All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based
on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records. The basis
of bearings in the above described parcel are based on Grid North as obtained by RTK/GPS
observations taken from Franklin County Engineer Monuments: Station FCGS 7772 and FCGS
7773, with a bearing of North 02° 34' 49" East, based on datum. Ohio State Plane South,
NAD83(86 adjustment) and are for the determination of angles only.
William C. LeRoy PS
Ohio License No. 7664
Burgess and Niple
O
WILLIAM
C
LEROY
q 7664
F
G Y. ell
Date
EXHIBIT A
State of Ohio, Franklin County, City of Dublin,
T 2 N, R 19 W, USML, Qtr Twp 2, LOT #11
I NORTHERN REAMBUILDERS
A FLO IDA CORP.
PID: 2 3- 008632
I 4052 RIGHT RD
Instr ment
200506100112373
1.24 ACRES
J
I
1
i
" -N/W
HERBERT E.1 JONES and
JANET FI JONES
PID: 273, 008633
4000 B IGHT RD
O.R 11 12 G10
1.385 CRES
W-f
I
��]� I
12 -��,./ I
(0.136 AC)
I e 100 200
I I I
I
W
ADOLPH W. MAIER and
I ; a RUTH MAIER
w o PID: 273 - 008609 I
cV = 0 0 (v ' 4025 BRIGHT RD
I "a 0 ° O.R. 04313 B01 ,
> . ; 3.300 ACRES T
Q - — — O
W 0' (0 M
V, M Co
PID: 273- 008606
0
t
3985 BRIGHT RD
y = O M
I
U N u
199802170034496
C
3.000 ACRES
a
I
I
LEGEND
O Monument Found
0, RS Railroad Spike Found
01 NAIL Found
Ill PK NAIL SET
O,o , Drilled Hole Found
IACOVETTA PROPERTIES LTD
McKITRICK PROPERTIES, INC.
3865 BRIGHT ROAD
PID: 273-008610
0 -R. 12527 J16
34.314 ACRES
O /p Iron Pin Found
Ill Iron Pin Set - 5/8° x 30" rebor set with
plastic I.D. cop: "LEROY 7664"
( ) parenthesis indicates record dimension
if different than measured.
P.0,8 —Point Of Beginning
P o.0 —Point Of Commencement
PID: 273- 008606
3985 BRIGHT RD
I
Instrument
199802170034496
I
3.000 ACRES
I
I i
McKITRICK PROPERTIES, INC.
3865 BRIGHT ROAD
PID: 273-008610
0 -R. 12527 J16
34.314 ACRES
O /p Iron Pin Found
Ill Iron Pin Set - 5/8° x 30" rebor set with
plastic I.D. cop: "LEROY 7664"
( ) parenthesis indicates record dimension
if different than measured.
P.0,8 —Point Of Beginning
P o.0 —Point Of Commencement
EXHIBIT A
State of Ohio, Franklin County, City of Dublin,
T 2 N, R 19 W, USML, Qtr Twp 2, LOT #11
NORTHERN DREAMBUILDERS
A FLORIDA CORP.
PID: 273- 008632
4052 BRIGHT RD
Instrument #
200506100112373
1,244 ACRES
I
P. O. B f 42 +27
\ 41+72.52 1
N
N87'f737�" ZJI.OJ" k'
6ro R11111111.f
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ar � n z° rk
Y = 0 n
w o
N m oo O
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r =on
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a
N8T47'57 "E
HERBERT E. JONES and
JANET F. JONES
PID: 273 - 008633
4000 BRIGHT RD I
O.R. 11312 G10 rN
1 385 ACRES
EX_R�W
174.9
N80- 19 56 "E
T47'S7 226.52'
12 -WD
(0.136 AC)
(0.092 AC PRO)
ADOLPH W. MAIER and
RUTH MAIER
PID: 273- 008609
4025 BRIGHT RD
O.R 04313 B01
3.300 ACRES
EX-RI
3PB 20
"!
N80 06R 5f EX-R
N O
v ?
t
v
s o
U)
I
IACOVETTA PROPERTIES LTD.
PID: 273- 008606
3985 BRIGHT RD
Instrument #
199802170034496
I
I
3.000 ACRES
0 25 50
EXHIBIT A
PARCEL 12 -T
TEMPORARY EASEMENT ACQUISITION
FROM
ADOLPH W. MAIER AND RUTH MAIER
December 21, 2009
Page 1 of 3
Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2
North, Range 19 West of the United States Military Lands, Quarter Township 2 and part Lot
Numbered 11 being further described as part of a 3.300 acre tract of lands conveyed to Adolph
W. Maier and Ruth Maier as described in Official Record 04313 B01 of the Franklin County
Recorder's Office and being a parcel of land lying on the Right side of Bright Road as shown on
the Centerline Plat for Emerald Parkway - Phase 8 recorded in Plat Book Page and
being more particularly described as follows:
COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at
station 39 +41.49 and the West line of Lot Number 11 as located in Quarter Township 2,
THENCE with the centerline of Bright Road, North 87 47' 57" East for a distance of 231.03
feet to a Mag -Nail Set on the Northeast corner of a 2.000 acre tract of land conveyed to Mary
M. Seay (1/2 Interest) and Charles J. Pethtel (1/2 Interest) and the Northwest corner of the 3.300
acre Maier lands on the centerline of existing Bright Road at station 41 +72.52;
THENCE on the East line of the 2.000 acre Seay/Pethtel lands and the West line of the 3.300
acre Maier lands, South 03° 09' 01" West for a distance of 17.58 feet to a Iron Pin Set, being
17.50 feet right of the centerline of existing Bright Road at station 41 +70.88 and the TRUE
POINT OF BEGINNING of the herein described parcel;
THENCE with the existing and proposed right -of -way of Bright Road and through the 3.300
acre Maier lands, North 87 47' 57" East for a distance of 136.02 feet to the proposed
temporary easement line, being 27.67 feet right of the centerline of existing Bright Road at
station 43 +03.95;
THENCE with the proposed temporary easement line and through the 3.300 acre Maier lands
the following six courses:
1. South 02 12' 03" East for a distance of 15.00 feet, being 42.54 feet right of the
centerline of existing Bright Road at station 43 +02.00;
2. South 87 47' 57" West for a distance of 47.00 feet, being 36.43 feet right of the
centerline of existing Bright Road at station 42 +55.40;
3. South 02 12' 03" East for a distance of 25.00 feet, being 61.22 feet right of the
centerline of existing Bright Road at station 42 +52.15,
4. South 87° 47' 57" West for a distance of 65.00 feet, being 57.50 feet right of the
centerline of existing Bright Road at station 41 +94.90;
5. North 02° 12' 03" West for a distance of 30.00 feet, being 27.50 feet right of the
centerline of existing Bright Road at station 41 +94.90;
6. South 87 47' 57" West for a distance of 24.96 feet to the East line of the 2.000 acre
Seay/Pethtel lands and the West line of the 3 300 acre Maier lands, being 27.50 feet right
of the centerline of existing Bright Road at station 41 +69.94;
EXHIBIT A
PARCEL 12 -T
TEMPORARY EASEMENT ACQUISITION
FROM
ADOLPH W. MAIER AND RUTH MAIER
December 21, 2009
Page 2 of 3
THENCE with the East line of the 2.000 acre Seay/Pethtel lands and the West line of the 3.300
acre Maier lands, North 03° 09' 01" East for a distance of 10.04 feet BACK TO THE TRUE
POINT OF BEGINNING.
The above described parcel contains 0.082 acres lying within Franklin County Auditors parcel
number 273 - 008609.
All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy.
7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin.
This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based
on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No.
6446 during October 2007 through December 2009 and upon available public records. The basis
of bearings in the above described parcel are based on Grid North as observed by GPS
observation taken from the Ohio State Plane Coordinate System, Ohio South Zone(3402),
NAD83(1986) and are for the determination of angles only
.......Oy
O
WILUAM •• s
William C. LeRoy PS
C. Date
Ohio License No. 7664 LEROY
7664 -
Burgess and Niple = 0.
%,Q ois TE
EXHIBIT A
State of Ohio, Franklin County, City of Dublin,
T 2 N, R 19 W, USML, Qtr Twp 2, LOT #1 1
i ;
NORTHERN DREAMBUILDERS
HERBERT E.
I
JONES and
I
A FLORIDA
CORP.
JANET F,
JONES
PID: 2
PID: 273-008633
I
4052
RRIGHT IGHT RD D 4000 BRIGHT
RD
nstr
men'
O.R. 11
12 G10
20050
100112373
.
1385
CRES
I
1.24
ACRES
I
I
I
I
_
BR"Hr
-
'
I L _ —
I I
I
I
1
I 12 -T
(0.082 AC)
I ioo zoa
I o
W
I ADOLPH W MAZER and
v v
RUTH MAIER
I
I
N a
PID: 273 - 008609
C N
Cr C) ry
4025 BRIGHT RD
I
O.R 04313 B01
r =�
3.300 ACRES
LL 2
G
U'NmCoo
w 00
g � v oI a
i
IACOVETTA PROPERTIES LTD.
} = 0 r
a
PID: 273- 008606
v 1'm
I
3985 BRIGHT RD
c
Instrument
6 -
199802170034496
Q_
I
3.000 ACRES
I
I
I
I
I
I
I
LEGEND
McKITRICK PROPERTIES, INC.
O Monument Found 3865 BRIGHT ROAD
Qg Railroad Spike Found PID: 273- 008610
S
Op PK NAIL Found O.R. 12527 J16
kF 34.314 ACRES
"lPK NAIL SET
Op Drilled Hole Found
O / Pin Found
Ill Iron Pin Set -5/8" x 30" rebor set with
plastic I.D cap: "LEROY 7664"
( ) parenthesis indicates record dimension
if different than measured.
P.O.B -Point Of Beginning
P.O.0 -Point Of Commencement
EXHIBIT A
State of Ohio, Franklin County, City of Dublin,
T 2 N, R 19 W, USML, Qtr Twp 2, LOT # 1 1
I i
NORTHERN DREAMBUILDERS
A FLORIDA CORP. BRIGHT RD HERBERT E. JONES and
PID: 2 JANET F- JONES
4052 BRIGHT RD PID: 273- 008633
Instrument # 4000 BRIGHT RD
200506100112373 O.R. 11312 G10
1.244 ACRES I 1 385 ACRES I
I
e s a
� I �
I P. .B
5
EX _R /W �a 32820
EX -R /W 41 +70.88 BR�GIIT ROAD
N80' 19' Sfi'E
sF 12.50' e�yf
N87'47'57'E 231.03 io L1
N 43 +03.95 1
— EX -R /W c 27.67
L7 12 - L3 43 +02 .00 IACOVETTA PROPERTIES LTD
41 +69.94 42 54' PID: 273- 008606
27.50' � (0.082 AC) �I 3985 BRIGHT RD
41 +94.90 42 +55.40 Instrument #
27 -50' c(J L5 36.4x' 19980217003
3.000 ACR
MARY M. SEAY (1/2 "Interest) 41 +94.90 42 +52.15
CHARLES J. PETHTEL 67.50' 61.22' 1
4045 BRIGHT ROAD 9=i ADOLPH W. MAZER and
PID; 273- 008616 2.000 ACRES RUTH MAZER I
Inst. #200307230227381 PID: 273 - 008609
4025 BRIGHT RD
O.R. 04313 B01
3.300 ACRES
0 25 50
LINE TABLE
LINE
L
1
N87'47 57 E
- D6 - T A
136.02
L2
S02
1 00
L3
T47 7
47
L4
L5
8T45 57
0
L6
NO2'1 2 0 W
30.00
L7
S T47 7
4.96
LB
N'09 01
03
10 4
CITY OF DUBLIT
PREPARED BY THE CITY OF DUBLIN,
ENGINEERING
5800 Shier Rings Road • Dublin, Ohio 43016 -1236
Phone (614)410 -4600 • Fax (614)761 -6506
EMERALD PARKWAY
PHASE 8
4025 BRIGHT ROAD
DUBLIN, OHIO 43017
Ex Rev - l
CIA
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I fop,
I I
I 4025
BRIGHT
I ROAD
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T r \
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1
1 I
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LEGEND
! PROPOSED RIGHT- F -WAY - 0.136 Ac.
I / P/L
J
d /
/ PROPOSED TEMPORARY EASEMENT - 0.082 Ac.
DRAWN CHECKED DATE: JOB NO.
MSS 03/31/11 07 -008
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SCALE: r - 10o•
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