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Ordinance 15-11RECORD OF ORDINANCES Inc. Ordinance No. 15 -11 Form No.30043 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF 0.023 ACRES, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.048 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT. WHEREAS, the City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway construction project; and WHEREAS, Candice R. Barnhardt and Steven C. Barnhardt (`Barnhardt") 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 Barnhardt participated in discussions for the acquisition of these property interests from Barnhardt; and WHEREAS, the City and Barnhardt have come to mutually agreeable terms for the acquisition of these property interests; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between Barnhardt and the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, zz— of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.023 acres, more or less, fee simple interest, and a 0.048 acres, more or less, temporary construction easement from Barnhardt, as depicted in the attached Exhibit "A ". Section 2. Barnhardt shall be compensated for the aforementioned property interests in the amount of Three Thousand Dollars ($3,000.00). Section 3 . This ordinance shall take effect on the earliest date permitted under applicable law. Passed this �day of 2011. /ii�l�.. '61 Ma — 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. 15 -11 Land Acquisition - Emerald Parkway Phase 8 Candice R. Barnhardt and Steven C. Barnhardt 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: The City has successfully negotiated a land sale transaction with Candice R. Earnhardt and Steven C. Barnhardt (collectively the "Bamhardts "). The City will be acquiring from the Bamhardts only those property interests needed for the Emerald Parkway Phase 8 project. These property interests are generally depicted in the map attached to this memorandum. In total, the acquisition consists of the following property interests: Property Interest Acquiring ACRES COST 1. Right ofWay 0.023 $ 1,150 2. Temporary Easements 0.048 $ 350 3. Land Improvements Natural Growth $ 1,500 TOTAL COMPENSATION $ 3,000 The City shall also perform various landscaping improvements to the Bamhardts' property with an approximate value of $1,000. ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 15 -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. 15 -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. 2 EXHIBIT A PARCEL 25 -WD RIGHT OF WAY ACQUISITION FROM CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT January 4, 2010 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 12 being further described as part of Lot 5, Kiplinger Estates recorded in Plat Book 61, Page 51 and conveyed to Candice R. Barnhardt and Steven C. Barnhardt as described in Instrument Number 199706040014790 of the Franklin County Recorder's Office and being a parcel of land lying on the Left side of Emerald Parkway 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 corner of a 28.105 acre tract of lands conveyed to The Borror Corporation as described in Official Record 8775 FO1 (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 FO1, also being 76.50 feet left of the centerline of proposed Emerald Parkway at station 220 +59.98; THENCE with the East line of the 1.670 acre Harber lands and the East line of a 0.534 acre tract of land conveyed to Michael E. Harber and Heather S. Harber as described in Instrument Number 199805270128307 and the West line of the 1.248 acre City of Dublin lands, North 03° 06' 50" East for a distance of 440.19 feet to a 3/4" Iron Pipe Found at the Northeast corner of the 0.534 acre Harber lands and the Southeast corner of Lot Number 5 Barnhardt lands, being 72.74 feet left of the centerline of proposed Emerald Parkway at station 225 +04.91 and the TRUE POINT OF BEGINNING of the herein described parcel; THENCE with the North line of the 0.534 acre Harber lands and the South line of Lot 5 Barnhardt lands, North 67 1 44' 26" West for a distance of 15.88 feet to a Iron Pin Set on the proposed right -of -way of Emerald Parkway, being 87.74 feet left of the centerline of proposed Emerald Parkway at station 225 +10.13; THENCE with the proposed right -of -way of Emerald Parkway and through Lot 5 Barnhardt lands, North 03° 06' 50" East for a distance of 65.18 feet to a Iron Pin Set, being 87.72 feet left of the centerline of proposed Emerald Parkway at station 225 +75.30; THENCE continuing with the proposed right -of -way of Emerald Parkway and through Lot 5 Barnhardt lands, South 86° 53' 10" East for a distance of 14.96 feet to a Iron Pin Set on the existing right -of -way of Emerald Parkway and the East line of Lot 5 Barnhardt lands, being 72.76 feet left of the centerline of proposed Emerald Parkway at station 225 +75.30; THENCE with the existing and proposed right -of -way of Emerald Parkway and the East line of Lot 5 Barnhardt lands , South 03° 04' S1" West for a distance of 70.38 feet BACK TO THE TRUE POINT OF BEGINNING. EXHIBIT A PARCEL 25 -WD RIGHT OF WAY ACQUISITION FROM CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT January 4, 2010 Page 2 of 3 The above described parcel contains 0.023 acres, including 0.000 acres in the present road occupied on Bright Road, lying within Franklin County Auditors parcel number 273 - 008881. 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. 4�� William C. LeRoy PS Ohio License No. 7664 Burgess and Niple O 4 WILLIAM � C. 7664 � Date EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, R 19 W, U.S.M.L, QTR. TWP 2, LOT #12 I i i ANDREW J. DEVANTIER and I ' JENNIFER L. RIST 4136 MACDUFF WAY PID: 273 - 008880 I I LOT 4 I I 1 I I I I 1 I CANDICE R. BARNHARDT and STEVEN C. BARNHARDT 4143 MACDUFF WAY PID: 273 - 008881 LOT 5 KIPLINGE,R ESTATES PLAT BOOK \61, PAGE 51 JOHN WREATHALL and ROSEMARY WREATHALL 4157 MACDUFF WAY PID: 273 - 008882 LOT 6 I I I E� 1 � .L EA (n W N I I � A I c c I a aQ- E � Eu ch 1 � I 1 U I V I � O U I tf) W I I I I I I I 1 I 1 I I I I I I I 1 I I I I I I I I I I I 1 I I 0 ' 30' 60' I I I I I I I Q 1I I Q �I �I I I I I I 25 -WD I (0.023 ACR S) MICHAEL E. HARBER HEATHER S. HARBER 4136 BRIGHT RD PID: 273 - 008413 Inst. #199805270128307 0.534 ACRES EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L, QTR. TWP 2, LOT #12 \ CANDICE k BARNHARDT and STEVEt C. BARNHARDT \\ 4143 MACDUFF WAY PID: X73- 008881 KIPLINGER E TATES SOT 5 PLAT BOOK 61, AGE 51 I C C i E I � � N w° N S86 - E JOHN WREATHALL I o o a \Q5 14.96' and ROSEMARY WREATHALL 0 . 4157 MACDUFF WAY \\ I E It PID: 273 - 008882 I -0 0 °' LOT 6 I _� 17 U `\\ I o > ,n U � p co U \\ \ t� W \ I� w o \\ to 225 +10.13 M 87.74' LT Z I ,uunuuxiy I 5 i K 1 225 +75.30 72.76' LT Q W 225 +75.30 87.72' LT M O 3 25 -WD (0.023 AC) V) a e �� E Of p P ' "' • "'' yp'' MICHAEL E. HARBER I 44' ?6 IQs 5 WILLIAM '. = HEATHER S. HARBER Found * LER C . 4136 BRIGHT RD I PID: 273 - 008413 I , 7664 �I st. #1998052701283017 h 'y�c �sTE 0.534 ACRES ,. y % / ANAL w7 1 / 4 - 14 -zo CITY OF DUBLIN P.O.B 4070 BRIGHT RD 225 +04.91 PID: 273 - 008637 72.74' LT Inst. #200203190070647 1.248 ACRES LEGEND O Monument Found OR O,o NAIL 10,ok PK NAIL Spike Found 0 10' 20 Q Found SET Opy Drilled Hole Found 0/, Pin Found 41-S Iron Pin Set -5/8" x 30" rebar set with plastic I.D. cap: "LEROY 7664" ( ) parenthesis indicates record dimension if different than measured. P.0.6 -Point Of Beginning P.o.c -Point Of Commencement EXHIBIT A PARCEL 25 -T TEMPORARY EASEMENT ACQUISITION FROM CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT January 4, 2010 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 12 being further described as part of Lot 5, Kiplinger Estates recorded in Plat Book 61, Page 51 and conveyed to Candice R. Barnhardt and Steven C. Barnhardt as described in Instrument Number 199706040014790 of the Franklin County Recorder's Office and being a parcel of land lying on the Left side of Emerald Parkway 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 East line of Lot Number 12 as located in Quarter Township 2 and the Southeast corner of a 1.670 acre tract of land 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 land conveyed to the City of Dublin as described in Instrument Number 200203190070647; THENCE with the East line of the 1.670 acre Harber lands and the East line of a 0.534 acre tract of land conveyed to Michael E. Harber and Heather S. Harber as described in Instrument Number 199805270128307 and the West line of the 1.248 acre City of Dublin lands, North 03 06' 50" East for a distance of 440.19 feet to a 3/4" Iron Pipe Found at the Northeast corner of the 0.534 acre Harber lands and the Southeast corner of Lot Number 5 Barnhardt lands, being 72.74 feet left of the centerline of proposed Emerald Parkway at station 225 +04.91; THENCE with the North line of the 0.534 acre Harber lands and the South line of Lot 5 Barnhardt lands, North 67 1 44' 26" West for a distance of 15.88 feet to a Iron Pin Set on the proposed right -of -way of Emerald Parkway, being 87.74 feet left of the centerline of proposed Emerald Parkway at station 225 +10.13 and the TRUE POINT OF BEGINNING of the herein described parcel; THENCE continuing with the North line of the 0.534 acre Harber lands and the South line of Lot 5 Barnhardt lands, North 67° 44' 26" West for a distance of 21.17 feet to the temporary easement line, being 107.74 feet left of the centerline of proposed Emerald Parkway at station 225 +17.08; THENCE with the temporary easement line and through Lot 5 Barnhardt lands, North 03 06' 50" East for a distance of 82.95 feet, being 107.71 feet left of the centerline of proposed Emerald Parkway at station 226 +00.03; THENCE continuing with the temporary easement line and through Lot 5 Barnhardt lands, South 86 53' 10" East for a distance of 34.94 feet to the existing right -of -way line of Emerald Parkway and the East line of Lot 5 Barnhardt lands, being 72.77 feet left of the centerline of proposed Emerald Parkway at station 226 +00.01; THENCE with the existing right -of -way line of Emerald Parkway and the East line of Lot 5 Barnhardt lands, South 03° 04' 51" West for a distance of 24.72 feet to a Iron Pin Set on the proposed right -of -way of Emerald Parkway , being 72.76 feet left of the centerline of proposed Emerald Parkway at station 225 +75.30; EXHIBIT A PARCEL 25 -T TEMPORARY EASEMENT ACQUISITION FROM CANDICE R. BARNHARDT AND STEVEN C. BARNHARDT January 4, 2010 Page 2 of 3 THENCE with the proposed right -of -way of Emerald Parkway and through Lot 5 Barnhardt lands, North 86 53' 10" West for a distance of 14.96 feet to a Iron Pin Set, being 87.72 feet left of the centerline of proposed Emerald Parkway at station 225 +75.30; THENCE continuing with the proposed right -of -way of Emerald Parkway and through Lot 5 Barnhardt lands, South 03 06' 50" West for a distance of 65.18 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.048 acres lying within Franklin County Auditors parcel number 273 - 008881. 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. la e /�/- - William C. LeRoy PS Ohio License No. 7664 Burgess and Niple OF O, s WILLIAM O LEROY 7664 - 4 - Z0 /0 Date EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, R 19 W, U.S.M.L, QTR. TWP 2, LOT #12 ANDREW J. DEVANTIER and I ' JENNIFER L. RIST 4136 MACDUFF WAY PID: 273 - 008880 I i LOT 4 I I I I I I , I , I I I 0 30' 60' CANDICE R. BARNHARDT and STEVEN C. BARNHARDT i I 4143 MACDUFF WAY i I \ PID: 273 - 008881 LOT 5 I I I I I , E`f' I \ D I � E I 7 N t O ° to I N W N ; r: KIPLING `,R ESTATES I ° 00 I PLAT BOOK 1, PAGE 51 ; -0 o I \ \ I EU°' I 7 I \ U I j U V p R 1 I I I I ; I JOHN WREATHALL \ and ROSEMARY WREATHALL I I 4157 MACDUFF WAY \ I I PID: 273 - 008882 25 -T LOT 6 (0.048 ACMES) I I I I MICHAEL E. HARBER HEATHER S. HARBER I 4136 BRIGHT RD j Burgess k Niple I PID: 273 - 008413 I I 5085 Reed Road. Columbus, Ohio 43220 Inst. #199805270128307 p(J (614) 459 -2050 f 0.534 ACRES I I Survey tor: I CITY OF DUBLIN I STEVEN C. BARNHARDT AND CANDICE R. BARNHARDT 4136 BRIGHT RD Owg: = Ch k: WCL 1 12 -29 -09 Scale: SHOWN I Sht: 3 3 1 PR44959 EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY TWP 2 N, RG 19 W, U.S.M.L, QTR. CANDICE F. BARNHARDT and STEVEN C. BARNHARDT 4143 M CDUFF WAY PID: 2 3- 008881 KIPLINGER \ESTATES 40T 5 PLAT BOOK 6t PAGE 51 S86'53'1 0 "E _ 34_94 226 +00.03 � 107.71' LT JOHN WREATHALL I 1 Sri J and ROSEMARY WREATHALL 1 n N 4157 MACDUFF WAY Ln r- PID: 273 - 008882 rn l N ` _ ° s LOT 6 N 1 N86 001 1 14.96' 1 W OI ,a :n l \ I to I c`no CO H 1 I ` I ZI O J i I \` ; + ^ 1 1 LO ip ul 1 N O IM MICHAEL E. HARBER 1 HEATHER S. HARBER H 'Q I 4136 BRIGHT RD I 2j 44 1 s Asa_ PID: 273 - 008413 Inst. #199805270128307 0.534 ACRES CITY OF TWP 2, DUBLIN LOT #12 I I I 226 +00.01 LEGEND 72.77' LT O Monument Found 0 15 30 w RS Railroad Spike Found Q 1 1 O, _ PK NAIL Found O N 225 +75.30 g ti �o PK NAIL SET k N 72.76' LT Q W OD Drilled Hole Found 10"W Q Oio, Iron Pin Found Dio Iron Pin Set -5/8" x 30" rebar set with 25 -T plastic I.D. cap: "LEROY 7664" (0.048 AC) ill ( ) parenthesis indicates record dimension if different than measured. 2 1 +1 0.13 225 P.O.B —Point Of Beginning 87.74' LT P.O.c —Point Of Commencement Burgess & Niple — _ — _ 5085 Reed Ro ad, C olumbus, Ohio 4321 - - -_` O /f, 6 14) 459- 2050 IPF 3' Y h - 1 1 CITY OF DUBLIN 4070 BRIGHT RD PID: 273 - 008637 Inst. #200203190070647'' =_ 1.248 ACRES 50' Columbus and Southern Elecectric Company Easement D.V. 1948 PG. 264 CITY OF DUBLIN 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 4143 MACDUFF WAY DUBLIN, OHIO 43017 X3 44A CID UFF WA Y I Y Q 4143 MACDUFF' a WAY a 1 I �d I LEGEN PROPO ED RIGHT-OF-WAY - 0.0 3 Ac. d PROP SED TEMPORARY rASE NT - 0.043 Ac DRAWN CHECKED DATE: JOB NO. MSS 03/31/11 07 -008 X W' I F- r so• 2s• o so