Resolution 22-12RECORD OF RESOLUTIONS
al Blank. Inc. Fonn No. 30095.
Resolution No.
22 -12
Passed 20
A RESOLUTION OF INTENT TO APPROPRIATE A
0.110 ACRES, MORE OR LESS, FEE SIMPLE INTEREST
THAT IS PRESENT ROAD OCCUPIED PROPERTY
FROM MITCHELL E. HAAF AND KIMBERLY S. HAAF
WHEREAS, the City of Dublin is preparing to construct a roundabout project at
Cosgray Road and Shier -Rings Road; and
WHEREAS, this roadway project will require the City of Dublin to obtain a fee
simple interest that is present road occupied property from Mitchell E. Haaf and
Kimberly S. Haaf, as described and depicted in the legal description attached hereto as
Exhibit "A ", said property interest located in the City of Dublin, County of Franklin,
State of Ohio.
NOW, THERERE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, of elected members concurring that:
Section 1. Council considers it necessary and declares its intention to appropriate,
for the purpose of constructing a roadway improvement project at Cosgray Road and
Shier -Rings Road, a fee simple interest that is present road occupied property as
described and depicted in the attached Exhibit A, from Mitchell E. Haaf and Kimberly
S. Haaf.
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owners and persons in possession or
having an interest of record in the property described in Exhibit A, and this notice
shall be served according to law.
Section 3. This Resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this � day of 2012.
Mayor - _ O fficer
ATTEST:
C r2�
Clerk of Council
ICE M I L LERLLP
LEGAL COUNSEL
MEMORANDUM
TO Dublin City Council
Marsha I. Grigsby, City Manager
Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
FROM Stephen J. Smith, Esq.
Asim Z. Haque, Esq.
DATE: April 5, 2012
RE: Resolution No. 22 -12
Cosgray Road/Sher -Rings Road Roundabout Project
Mitchell E. Haaf and Kimberly S. Haaf
PROJECT BACKGROUND:
The City of Dublin ( "City ") is preparing to construct a roundabout at the intersection of Cosgray
and Shier -Rings Roads (the 'Project'). The City must obtain property interests from various
landowners located within the City in order to construct this Project.
Landowners that the City must obtain property from for the construction of the Project are
Mitchell E. Haaf and Kimberly S. Haaf (collectively the "Grantor "). After engaging in a lengthy
period of negotiations with the Grantor, it appears that the City may need to appropriate the
needed property from the Grantor in order to proceed with the project.
The City is still hopeful that an amicable resolution can be reached with the Grantor, however,
this Resolution begins the eminent domain process in the event that negotiations are
unsuccessful.
PROPERTY TO BE APPROPRIATED:
The appropriation consists of the following property interests, as depicted in the map attached
hereto:
Franklin County Parcel No. 272 - 000586
Present Road Occupied 1 0.110 f acres $300
RECOMMENDATION:
The Law Department recommends approval of Resolution No. 22 -12 as the improvement of the
intersection of Cosgray Road and Sher -Rings Road is necessary for public safety and approval
of the Resolution will keep the Project moving forward.
EXHIBIT "A"
0.110 ACRE RIGHT -OF -WAY
ACQUIRED FROM
MITCHELL EDWARD HAAF AND KIMBERLY SEBRING HAAF
Situated in the State of Ohio, County of Franklin, Township of Washington, being located in
Virginia Military Survey Number 6748, and being a part of that 1.000 acre tract described in a
deed to Mitchell Edward Haaf and Kimberly Sebring Haaf, of record in Instrument Number
199801090006685, all records referenced herein are on file at the Office of the Recorder for
Franklin County, and being further bounded and described as follows:
Commencing for reference at Franklin County monument FCGS 5534, being at the intersection
of the existing centerline of survey for Cosgray Road and the existing centerline of survey for
Shier -Rings Road, being on the southeast line of said V.M.S. number 6748 and a northwest line
of V.M.S. number 14150- 14400;
Thence North 16 degrees 23 minutes 37 seconds West, along the existing centerline of survey
for said Cosgray Road, a distance of 888.13 feet to an angle point in the existing centerline of
survey for said Cosgray Road;
Thence North 14 degrees 12 minutes 25 seconds West, continuing along the existing centerline
of survey for said Cosgray Road, a distance of 190.00 feet to a MAG nail set at the southeast
comer of said 1.000 acre tract, being a northeast corner of that 33.5625 (original) acre tract
described as Parcel C in a deed to Subsidiary Development Corp., of record in Deed Book 3677,
page 668, being on the southwest line of an existing right -of -way parcel as dedicated in the
Northwest Dublin Commercial Park Phase H, of record in Plat Book 84, page 5, and said MAG
nail set being the TRUE POINT OF BEGINNING for the herein described right -of -way parcel;
Thence South 84 degrees 25 minutes 31 seconds West, along the south line of said 1.000 acre
tract, along a north line of said 33.5625 (original) acre tract, a distance of 30.34 feet to an iron
pin set on the existing southwest right -of -way line for said Cosgray Road;
Thence North 14 degrees 12 minutes 25 seconds West, across said 1.000 acre tract, along the
existing southwest right -of -way line for said Cosgray Road, a distance of 160.00 feet to a point
on the north line of said 1.000 acre tract, being on a south line of said 33.5625 (original) acre
tract, (reference an existing 5/8 inch iron pin found with a cap stamped "Stults & Assoc." North
84 degrees 25 minutes 31 seconds East at a distance of 0.42 feet);
Thence North 84 degrees 25 minutes 31 seconds East, along the north line of said 1.000 acre
tract, along a south line of said 33.5625 (original) acre tract, a distance of 30.34 feet to a MAG
nail set at the northeast corner of said 1.000 acre tract, being a southeast corner of said 33.5625
(original) acre tract, being on the existing centerline of survey for said Cosgray Road and being
on the southwest line of said right -of -way parcel dedicated in the Northwest Dublin Commercial
Park Phase 11;
Thence South 14 degrees 12 minutes 25 seconds East, along the northeast line of said 1.000
acre tract, along the existing centerline of survey for said Cosgray Road, and along the southwest
line of said dedicated right -of -way parcel, a distance of 160.00 feet to the TRUE POINT OF
BEGINNING for the herein described right -of -way parcel.
The above described right -of -way parcel contains a total area of 0.110 acres (including 0.110
acres located within the present road occupied), leaving a net take of 0.000 acres within Franklin
County Auditor's tax parcel number 272 - 000586.
Iron pins referenced as "set" are 5/8 inch diameter by 30 inch long rebar with yellow plastic caps
stamped "ASI — PS8438 ".
Page 1 of 2
EXHIBIT "A"
0.110 ACRE RIGHT -OF -WAY
The bearings described herein are based on the bearing of North 84 degrees 26 minutes 31
seconds East for the existing centerline of survey for Shier -Rings Road, which is referenced to
the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983
(1986 Adjustment), as established utilizing a GPS survey and a traditional field traverse
originating from Franklin County Monument "FCGS 5536 ".
The above description of a right -of -way parcel was prepared and reviewed on May 4, 2011 by
Brian P. Bingham, registered professional surveyor number 8438, is based on an actual field
survey of the premises performed by American Structurepoint, Inc, in July 2009, complies with
the "Minimum Standards for Boundary Surveys" described in O.R.C. Chapter 4733 -37, and is
true and correct to the best of my knowledge.
American Structurepoint, Inc.
ri P. Bingham
Registered Professional Surveyor No. 8438
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Page 2 of 2
PROD N O: 200900614 EXHIBIT B"
O N 0.110 ACRES
DRA BY: BPB W RIGHT -OF -WA Y
A M ER i CAN 2550 CORPORATE EXCHANGE DR, STE 300
■ STRUCTUREPOINT TEL 614.901.2235 ACQUIRED FROM
295 FAX 6,4.90,.2236 MITCHELL EDWARD HAAF
CHECKED BY: JEM INC. www.structurepointoom AND
KIMBERLY SEBRING HAAF
PACE I OF I I I DUBLIN, OHIO
SI TUA TED IN THE S TA TE OF OHIO, COUNT Y OF FRANKL IN, TOWNSHIP OF
WASHINGTON, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 6 748.
BASIS OF BEARING:
,n BEARINGS SHOWN HEREIN ARE BASED ON THE
PID #272 000085 O BEARING FOR THE CENTERLINE OF SHIER - RINGS
SUBSIDIARY DEVELOPMENT CORP. s0) ROAD (N 84 0 26'31" E), WHICH IS REFERENCED TO
DEED BOOK
PARCEL C -1
3677, PAGE 668 °_ G> THE OHIO S TA TE PL ANE COORDINA TE S YS TEM,
33.5625 (ORIGINAL) ACRES k SOUTH ZONE AND THE NORTH AMERICAN DATUM OF
1983 (1986 ADJUSTMENT), AS ESTABLISHED
d b,� z UTILIZING A GPS SURVEY AND A TRADITIONAL FIELD
TPA VERSE ORIGINA TING ON FRANKL IN C 0 UN T Y
N 84 25' 31" E ''� y o o MONUMENT "FCGS 5536 ".
30.34' Z.
5
" IRON PIN W/ "STULTZ & ASSOC." CAP
A a N 25' 31" E, 0.42' FROM CORNER
o m
N ?i
N
PID #272- 000586 ` m W PID #274- 000150
STEEL LAND COMPANY
MITCHELL EDWARD HAAF AND + OFFICIAL RECORD VOLUME 18351, PACE A19
KIMBERLY SEBRING HAAF TRACT 1
INSTRUMENT NUMBER o 78.909 ACRES
199 0 ACRE 85 NORTHWEST DUBLIN COMMERCIAL PARK PHASE !1
1.000 ACRE o PLAT BOOK 84, PAGE 5
34.475 ACRES
0
M..
S84 °25'31 "W�
30.34'
PID #272- 000085
SUBSIDIARY DEVELOPMENT CORP.
DEED BOOK 3677, PAGE 668
PARCEL C
33.5625 (ORIGINAL) ACRES
O I . P . S . = IRON PIN SET
Q I.P.F. = IRON PIN FOUND
• M.N.S.= MAG NAIL SET
r- V = MONUMENT BOX FOUND
1. P. SET ARE %" DIA.
IRON PIN 30'L ONG WITH
CAP INSCRIBED "ASI PS -8438"
R/W PARCEL AREA
GROSS AREA = 0.110 AC.
P.R.O. AREA = 0.110 AC.
O NET TAKE = 0.000 AC.
N
SCALE: 1" = 60'
0 30 60 120
FCGS 5534
I HEREBY CERTIFY THA T:
THIS ORA WING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF
PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN JUL Y 2009.
THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
BRIAN P. BINGHAIff, P.S. NO. 8438
AMERICAN STRUCTUREPOINT, INC.
N 16° 23' 37" W� ROAD
888.13' SHIER - RIN GS
V.M.S. 6748
- - -- V.M.S. 14150-14400
P n R EX. �o SURVEY
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CITY OF DUBLIN
PREPARED BY THE CITY OF DUBLIN,
ENGINEERING
5800 Shier —Rings Road • Dublin, Ohio 43016 -1236
Phone (614)410 -4600 • Fax (614)410 -4699
SUBSIDIARY
DEVELOPMENT
CORP.
COSGRAY ROAD /
SHIER -RINGS ROAD ROUNDABOUT
6191 COSGRAY ROAD
DUBLIN, OH 43016
STEEL LAND CO.
6191
MITCHELL EDWARD
HAFF \
KIMBERLY SEBRING
HAFF
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EXISTING RIGHT -OF -WAY 0 .
PRO AREA = 0.110 Ac. a )
S.R.
ASSOCIATES
DRAWN I CHECKED I DATE: I JOB NO.
MSS I KBR 103-29-2012 109-011-CIP