01-08 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
01-08
Ordinar2ce No. Passed . 20
AUTHORIZING THE PURCHASE OF A PERMANENT
EASEMENT IN A 0.187 ACRE TRACT, MORE OR LESS,
AND TWO TEMPORARY CONSTRUCTION EASEMENTS
IN A 0.155 ACRE TRACT, MORE OR LESS, LOCATED ON
SHAMROCK BOULEVARD, FROM CONTINENTAL
SAWMILL LP AKA DDR CONTINENTAL, IN THE CITY
OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO,
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin ("City") has extended Shamrock Boulevard in
conjunction with completing a realignment of Village Parkway to improve traffic
related circulation; and
WHEREAS, the City obtained a Right of Entry for the Continental Sawmill LP
property located on Shamrock Boulevard allowing the City and its agents or
contractors access to the land owned by Continental Sawmill LP during construction
of the improvement; and
WHEREAS, in order to complete the needed acquisition, the improvement requires
the City to obtain a permanent easement consisting of 0.187 acres, more or less, and
two temporary construction easements consisting of combined 0.155 acres, more or
less, in and to the premises depicted on the attached Exhibits "A", "B" and "C",
located in the City of Dublin, Franklin County, Ohio.
WHEREAS, the City desires to enter into an agreement for the purchase of the 0.187
acre, more or less, permanent easement and a combined 0.155 acre, more or less,
temporary construction easements in and to the premises located in the City of Dublin,
Franklin County, Ohio for the extension of Shamrock Boulevard and realignment of
Village Parkway for $30,375.00.
NOW THEREF RE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, of the elected members concurrin that:
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Section 1. The City Manager is hereby authorized to execute any necessary
conve ance documents related to the ac uisition of the 0.187 acre more or less
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permanent easement and a combined 0.155 acre, more or less, temporary construction
easements and paying any related costs.
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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 the prompt improvement to Shamrock Boulevard and Village
Parkway was necessary to progress traffic circulation and relieve traffic congestion for
the citizens of Dublin. Therefore, this Ordinance shall go into immediate effect.
Passed this ~~ day of , 2008.
Mayor -Presiding Officer
ATTEST:
~ ,^~~~~~
Clerk of Council
~SCHOTTENSTEIN
ZOX;~DUNN. ,
11ER10RA1bD U1I7
TO: Dublin City Council
Jane S. Brautigam
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: December 21, 2007
RE: Ordinance 01-08 -Land Purchase -Continental Sawmill LP aka DDR
Continental Property (Shamrock Boulevard Extension)
PROJECT BACKGROUND;
This project required the al3propriation of right-of-way, utilit}~ easements and temporary
construction easements from seven (?) property owmers (Columbus Southern Power Company,
Continental Saw•rnill LP ("Continental"), Core Village Connnons, Lowe's Home Centers, Inc.,
Shamrock Crossings LLC, Charles W. blamerlEdGVard E. Belz, and «tendy's International, Inc.)
for the extension of Shamrock Boulevard arld the realignment of Village Parkway. The above
property owmers either executed the necessary documents to complete the needed acquisitions or
a. Right of Entry pernutting the City and its agents;'contractors onto the property for construction
of the project. The Ordinance before Council completes the acgrrisition of a permanent easement
and t4vo construction easements for DDR Continental. The project is complete.
PROPOSED LEGISLATION:
This project requires the acquisition of a 0.187 acre, more or less, permanent easement and
combined 0.155 acre, more or less, temporary construction easements.
ACQUISITION DETAILS:
Since 2006, the Law Department has been engaged in discussions w2th the landowner regarding
the acquisition. The Law Department engaged M/E Company (NIr. Chris Howard) to negotiate
the needed acgrrisition w2th Continental. Mr. Howard presented an offer to Continental for
compensation in the amount of Thirty Thousand Three Hundred Seventy Five Dollars and No
Cents ($30,375.00) as determined by the City's appraiser. Continental has accepted this offer.
The Law Department has prepared this ordinance authorizing the City Manager to execute any
necessazy conveyance docuuments related to the acquisition the easements.
RECOMII~IENDATION:
The Law Department and the Division of Engineering recommend approval of Orcnance 01-08.
EXHIBIT
PARCEL 4-PE
DESCRIPTION of a 0.187 acres Permanent Easement
Being a 0.19 acres parcel of land located in the City of Dublin, County of
Franklin, State of Ohio, being a part of a 2.868 acres parcel in Quarter Township 2,
Township 2 North, Range 19 West, united States Military Land, conveyed to Continental
Sawmill Limited Partnership, in Official Record 28646A14, this and all further
references being to the records of the Franklin County Recorder's Office, said 0.187
acres permanent easement Parcel 4-PE being more particularly described as follows;
BEGINNING FOR REFERENCE at an iron pin called and found at the
southwesterly corner of the above described 2.868 acres parcel, said iron pin also being
the northwesterly corner of the City of Dublin 1.596 acres, of record in Instrument
Number 199708290081797, the northeasterly corner of the Charles W. Warner, Jr., and
Edward E. Belz 6.000 acres, of record in Deed Book 2984, Page 608, and the
southwesterly corner of Core Village Commons 26.278 acres, of record in Instrument
Number 200401290020609;
thence, South 86° 30' 22" East, with the grantor's southerly line and the City of Dublin
northerly line, a distance of 207.72 feet to the TRUE POINT OF BEGINNING of the
permanent easement being described;
thence, North 60° 30' 10" East, crossing the grantor's lands, a distance of 54.06 feet to a
point;
thence, South 89° 10' 32" East, continuing across the grantor's lands, a distance of 178.71
feet to a point;
thence, North 75° 53' S9" East, continuing across the grantor's lands, a distance of 37.07
feet to a point in the grantor's easterly line and the westerly right of way line on Village
Parkway;
thence, South 06° 03' S9" West, with the grantor's easterly line, a distance of 49.01 feet
to the grantor's southeasterly corner, being the northeasterly corner of the said City of
Dublin 1.596 acres;
thence, North 86° 30' 22" West, with the grantor's southerly line and the city of Dublin
northerly line, a distance of 256.99 feet to the TRUE POINT OF BEGINNING of the
permanent easement Parcel 4-PE being described. The easement, as described above,
contains 0.187 acres, more or less, subject to all legal highway and other easements of
record, including sanitary sewer easements and an easement for a warning siren totaling
0.053 acres, more or less.
The bearings in the above description are based on NAD83 (1986) datum. Calls for iron
pins set will be set upon completion of construction by an Ohio Registered Surveyor in
compliance with the Ohio Revised Code.
A drawing of this description is attached hereto and made a part thereof.
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City of Dublin
Instr:1997 82900 1797
PARCEL 4~PE
Qtrtwp 2, T2N, R19W
U.S.Military Lands
City of Dublin
Franklin County, Ohio
Part of lands of
CONTINENTAL SAWMILL LP
2.838 AC. in
Beginning O.R. 28646A14
Reference Core Village Commons, LLC
Point Instr: 200401290020609
~ 26.278 Ac.
Continental Sawmill LP
O.R. 28646A14
2.868 Ac.
True Point
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PROJECT DUBLIN SHAMROCK BOULEV~ '~,~±`~~ "r' . ~ ~^•'~ ,~;'' JOB NO. 1457314
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SUBJECT CONTINENTAL SAWMILL LP PARCEL~~~~QE`"' DATE 10 MAR 05
BY RMS CHECKED JAM PAGE N0. 2 OF 2
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EXHIBIT
PARCEL 4-T
DESCRIPTION of a 0.135 acres Temporary Easement
Being a 0.135 acres parcel of land located in the City of Dublin, County of Franklin,
State of Ohio, being a part of a 2.868 acres parcel in Quarter Township 2, Township 2
North, Range 19 West, united States Military Land, conveyed to Continental Sawmill
Limited Partnership, in Official Record 28646A14, this and all further references being to
the records of the Franklin County Recorder's Office, said 0.135 acres temporary
easement Parcel 4-T being more particularly described as follows;
BEGINNING FOR REFERENCE at an iron pin called and found at the
southwesterly corner of the above described 2.868 acres parcel, said iron pin also being
the northwesterly corner of the City of Dublin 1.596 acres, of record in Instrument
Number 199708290081797, the northeasterly corner of the Charles W. Warner, Jr., and
Edward E. Belz 6.000 acres, of record in Deed Book 2984, Page 608, and the
southwesterly corner of Core Village Commons 26.278 acres, of record in Instrument
Number 200401290020609;
thence, South 86° 30' 22" East, with the grantor's southerly line and the City of Dublin
northerly line, a distance of 180.50 feet to the TRUE POINT OF BEGINNING of the
temporary easement being described;
thence, North 59° 52' S1" East, crossing the grantor's lands, a distance of 94.31 feet to a
point;
thence, South 89° 36' 12" East, crossing the grantor's lands, a distance of 208.83 feet to a
point in the grantor's easterly line and the City of Dublin right of way line;
thence, South 06° 03' S9" West, with the grantor's easterly line and the said right of way
line, a distance of 14.54 feet to a point;
thence, South 75° 53' S9" West, again crossing the grantor's land with the northerly line
of a permanent easement, a distance of 37.07 feet to a point;
thence, North 89° 10' 32" West, continuing across the grantor's lands with the said
permanent easement line, a distance of 178.71 feet to a point;
thence, South 60° 30' 10" West, continuing across the grantor's lands with the said
permanent easement line, a distance of 54.06 feet to a point in the grantor's southerly line
and the said City of Dublin 1.596 acres northerly line;
thence, North 86° 30' 22" West, with the grantor's southerly line and the City of Dublin
northerly line, a distance of 27.22 feet to the TRUE POINT OF BEGINNING. The
temporary easement, Parcel 4-T, as described above, contains 0.135 acres, more or less,
subject to all legal highway and other easements of record, including sanitary sewer
easements, which occupy 0.013 acres, more or less.
The bearings in the above description are based on NAD83 (1986) datum. Calls for iron
pins set will be set upon completion of construction by an Ohio Registered Surveyor in
compliance with the Ohio Revised Code.
A drawing of this description is attached hereto and made a part thereof.
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` PARCEL 4^T
\ Qtrtwp• 2, T2N, R19W
U.S.Military Lands
City of Dublin
Franklin County, Ohio
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~ CONTINENTAL SAWMILL LP
~ ~ 2.838 AC. in
' O.R. 28646A14
~ Beginning
'~ Reference Core Village Commons, LLC
Point Instr: 200401290020609
~ 26.278 Ac.
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N O.R. 28646A14
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2.868 Ac.
City of Dublin True Point
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PROJECT DUBLIN SHAMROCK BOULEVARD JOB NO. 14573147
SUBJECT CONTINENTAL SAWMILL LP PARCEL 4-T DATE 10 MAR 05 uRs
BY RMS CHECKED JAM PAGE NO. 2 OF 2 ARCHITECTS • ENGINEERS • PLANNERS
EXHIBIT
PARCEL 9-T
DESCRIPTION OF A 0.020 TEMPORARY EASEMENT
Being a 0.020 acres parcel of land located in the Township of City of Dublin, County of
Franklin, State of Ohio, being a part of 0.860 acres of land in Quarter Township 2,
Township 2 North, Range 19 West, United States Military Lands, conveyed to
Continental Sawmill, LP of record in Official Record 20549 B17, this and all references
being to the records of the Franklin County Recorder's Office, said 0.020 acres
temporary easement Parcel 9-T being more particularly described as follows:
BEGINNING at the southeast corner of the Grantor's 0.860 parcel, said point being the
southwesterly corner of the Huntington National Bank 1.231 acres parcel, of record in
Official Record 12165 I08, and also being on the northerly right of way line of Village
Parkway, the TRUE POINT OF BEGINNING of said Parcel 9-T being described
herein;
thence, northwesterly 41.85 feet with the northerly right of way line of Village Parkway
on a curve to the right, whose radius is 279.63 feet, whose central angle is 8° 34' 27", and
whose chord bears North 71 ° 25' 35" West, a distance of 41.81 feet, to a point;
thence, North 03° 45' 02" East, leaving the said right of way line and crossing the
grantor's lands, a distance of 15.19 feet to a point;
thence, South 86° 14' S8" East, continuing across the grantor's lands, a distance of 40.41
feet to a point in the grantor's easterly property line, and the westerly line of the said
Huntington National Bank 1.231 acres;
thence, South 03° 45' 02" West, with the grantor's said easterly line and the said
Huntington National Bank westerly line, a distance of 25.88 feet to the TRUE POINT
OF BEGINNING. The parcel as described above contains 0.020 acres of land, more or
less, subject to all legal highway and other easements of record.
The bearings in the above description are based on NAD83 (1986) datum.
A drawing of this description is attached hereto and made a part thereof.
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Page 1 of 2
QUARTERTOWNSHIP 2, TOWNSHIP 2N, RANGE 19W,
U.S. MILITARY LANDS
City of Dublin, Franklin County, Ohio
Being a part of
CONTINENTAL SAWMILL, LP'S 0.860 Acres
CONTINENTAL SAWMILL LP
OFFICIAL RECORD: 20549617
0.860 ACRES
S86'14'S8"E
40.41'
N03'45'02"E
_ l 5.19'
~,
HUNTINGTON NATIONAL
BANK
OFFICIAL RECORD: 12165108
1.231 ACRES
PARCEL 9-T
0.020 ACRES
S03'45'02"W
25.88'
True Point
of Beginning
I.P.
I.P.
VILLAGE PARKWAY
R/W
~- L =41 .8 5'
0=8'34' 27"
R=279.63'
Ch. = 41 .81'
ChBrg.=N71 '25'35"W
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ROGER S ITH
P.S., ( IN FEET)
OHIO REGISTERED SURVEYOR 1 inch = 60 ft.
S-6899
PROJECT DUBLIN SHAMROCK BOULEVARD JOB N0. 74573147
SUBJECT CONTINENTAL SAWMIL, LP PARCEL 9-T DATE 11 MAR OS uR~
BY RMS CHECKED JAM PAGE N0. 2 OF 2 ARCHITECTS ENGINEERS PLANNERS