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Ordinance 17-12RECORD OF ORDINANCES Inc. Passed 20_ Ordinance No. 17 -12 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 0.144 ACRES, MORE OR LESS, FEE SIMPLE INTEREST THAT IS PRESENT ROAD OCCUPIED, AND A 0.080 ACRES, MORE OR LESS, PERMANENT UTILITY, GRADING AND DRAINAGE EASEMENT FROM WALTER L. SHIER AND CAROL SHIER, WILLIAM SORDEN AND MARY ANN SORDEN, ROBERT E. SHIER AND LINDA L. SHIER, AND MARK A. SHIER AND RENE E. SHIER. WHEREAS, the City of Dublin (the "City ") is preparing to construct a roundabout at the intersection of Cosgray Road and Shier -Rings Road; and WHEREAS, said roadway project requires that the City obtain a fee simple interest that is present road occupied, and a permanent utility, grading and drainage easement within Franklin County Parcel No. 272 - 000134 owned by Walter L. Shier and Carol Shier, William Sorden and Mary Ann Sorden, Robert E. Shier and Linda L. Shier, and Mark A. Shier and Rene E. Shier (the "Shier Family "), said easement more fully described and depicted in Exhibits "A" and 'B ", attached hereto; and WHEREAS, the City and the Shier Family participated in good faith discussions and have come to mutually agreeable terms for the acquisition of this easement; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Shier Family. 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 Manager is hereby authorized to execute all necessary conveyance documentation to acquire an approximate 0.144 acres fee simple interest that is present road occupied, and a 0.080 acre permanent utility, grading and drainage easement from Walter L. Shier and Carol Shier, William Sorden and Mary Ann Sorden, Robert E. Shier and Linda L. Shier, and Mark A. Shier and Rene E. Shier, said easement located within Franklin County Parcel No. 272 - 000134, and as more fully described and depicted in the attached Exhibits "A" and "B ". Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this -fi 1 day of 2012. Mayor - P esi ing Officer ATTEST: Clerk of Council CE M I L LERLLP LEGAL COUNSEL 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: March 22, 2012 RE: Ordinance No. 17 -12 Cosgray /Shier -Rings Road Roundabout Project Shier Family Acquisition 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. The City presented good faith offers to each of these landowners in accordance with the Ohio Revised Code. One of the landowners that the City must obtain a fee simple interest that is present road occupied, as well as a permanent utility, grading and drainage easement for the construction of the Project is Walter L. Shier and Carol Shier, William Sorden and Mary Ann Sorden, Robert E. Shier and Linda L. Shier, and Mark A. Shier and Rene E. Shier (the "Shier Family "). After engaging in amicable negotiations, the City has come to an agreement with the Shier Family to acquire this easement pursuant to the terms outlined in this memorandum. ACQUISITION INTRODUCTION: The City will be acquiring from the Shier Family a fee simple interest that is present road occupied, and a permanent utility, grading and drainage easement as depicted in the map attached to this memorandum. The City will be acquiring these property interests for their appraised value The acquisition is detailed below: PROPERTYINTEREST ACRES APPRAISED COST ACQUIRING Fee Simple Interest 0.144 $300.00 (Present Road Occupied) Permanent Utility, Grading 0.080 $ 3,601.00 and Drainage Easement TOTAL $3,901.00 Memo re. Ord. 17 -12 Land Acquisition — Shier Family Cosgray /Shier Rings Roundabout Project Page 2 ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance No. 17 -12 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire a fee simple interest that is present road occupied, as well as the permanent utility, grading and drainage easement described above. RECOMMENDATION: Staff recommends approval of Ordinance No. 17 -12 as obtaining the easement is necessary for the furtherance of the Cosgray /Shier -Rings Road roundabout construction project. PRE CITY PARED BYOTHE C D U BD H N ITY OF ENGINEERING 5800 Shier -Rings Road • Dublin. Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)410 -4699 ❑ P.R.O.: 0.144 Ac. ❑ PROPOSED PERMANENT EASEMENT 6 -E: 0.080 Ac. cm OF DUE COSGRAY ROAD / SHIER —RINGS ROAD ROUNDABOUT 7026 SHIER -RINGS ROAD DUBLIN, OH 43016 6 WALTER LEE SHIER MARY ANN SORDEN ROBERT E. SHIER MARK A. SHIER #7026 DUBLIN OF - - -- - - - -- SHIER CITY . Ex ----- Wp HINGTON TWP• __ - -_ �— z 0 Ex W W m r D #6111 DRAWN CHECKED DATE: JOB NO. MSS KBR 1 02 -01 -2012 09- 011 -CIP EXMIT'A" 0.144 ACRE RIGHT -OF -WAY ACQUIRED FROM WALTER LEE SHEER, MARY ANN SORDEN, ROBERT E. SHIER AND MARK A. SHIER 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 3.000 acre tract described in a deed to Walter Lee Shier, Mary Ann Sordea, Robert E. Shier and Mark A. Shies (each with a V4 interest), of record in hnsaument Number 200808190126446, all records referenced herein ate 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 south line of said V.M.S. number 6748, being on the north line of V.M.S. number 14150 - 14400, and being the southwest comer of that 64.219 acre tract described in a deed to S.R. Associates, of record in Official Record 12935, page A01; Thence North 84 degrees 26 minutes 31 seconds East, along the existing centerline for said Shier -Rings Road, along the south line of said V.M.S. number 6748 and along the north line of said V.M.S. 14150 -14400 and the north line of V.M.S. number 6953, and along the south line of said 64.219 acre t tact, a distance of 932.67 feet to a MAG nail set at the southwest comer of the grantor's 3.000 acre tract, being a southeast comer of said 64.219 acre S.R. Associates tract, being on the north line of that 3.000 acre tact described in a deed to Beatrice L. Brogan, of record in hostrument Number 200802260028751, and said MAG nail set being the TRUE POINT OF BEGINNING for the herein described right -of -way parcel; Thence North 05 degrees 33 minutes 29 seconds West, along the west line of the grantor's 3.000 acre tract, along an east line of said 64.219 acre tract, a distance of 25.00 feet to an iron pm set on the existing north right -of -way line for said Shier -Rings Road; Thence North 84 degrees 26 minutes 31 seconds East, across the grantor's 3.000 acre tract, along the existing ninth right -of -way line for said Shier -Rings Road, a distance of 250.00 feet to an iron pin set on the east line of the grantor's 3.000 acre tract, being on a west line of said 64.219 acre tract Thence South 05 degrees 33 minutes 29 seconds East, along the east line of the grantor's 3.000 acre tract, along a west line of said 64.219 acre tract, a distance of 25.00 feet to a MAG nail set on the existing centerline of survey for said Shier -Rings Road, being at the southeast comer of the grantor's 3.000 acre tract, being at a southwest corer of said 64.219 acre tract, being on the north line of an existing right-of-way parcel as dedicated by the Oak-Shier Estates, of record in Plat Book 45, page 120, and said MAG nail set being on the south line of said V.M.S. number 6748 and the north line of said V.M.S. number 6953; Thence South 84 degrees 26 minutes 31 seconds West, along the existing centerline of survey for said Shier -Rings Road, along the south line of said V.M.S. number 6748 and the north line of said V.M.S. 6953, along the south lime of the grantor's 3.000 acre tract, along the north line of said dedicated right- of-way parcel, (passing Franklin County monument FCGS 5535 at the northwest comer of said dedicated right-of-way parcel, being the northeast comer of said 3.000 acre Brogan tract at a distance of 64.38 feet), a total distance of 250.00 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 0.144 acres (including 0.144 acres located within the present road occupied), Ieaving a net take of 0.000 acres within Franklin County Auditor's tax parcel number 272- 000134. Page 1 of 2 EXHIBIT "A" 0.144 ACRE RIGHT -OF -WAY The bearings described herein are based on the bearing of Noah 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% Iron pins referenced as "set' are 518 inch diameter by 30 inch long rebar with yellow plastic caps stamped "ASI - PS8438" and will be set upon completion of construction activities. 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 Stcucturepoint, 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 Structmepoint, Inc. Z' Z�� Brun mP�B ghgh Registered Professional Surveyor No. 8438 C> - 1' t`E liu,t L 2 {2> \3.4 3 i r DA OF �p 5: BRIAN P. BINGHAM - ' . 6438 •O _ iS • P 4, SJ Page 2 of 2 �// wka Dare PRQJ. ,NO, 20 08MM LOT 18 O OAK -SHIER ESTATES EXHIBIT 18' PLAT BOOK 45, PAGE 120 ��, �:; ka+ mo •+Encue•mKmF>�iwr�mmm RIGHT - ACRE S Y ACOUIRED FROM N 05 33' 29" W `p O s sip SMUCTUWOINT se.on wni m' WALTER LEE SHIER awn 8) Ex ` ° °" MARY ANN SORDEN ROBERT E. SHIER V.M S' 14150- _______"" I A MARK A. SHIER PACE I I DUBLBJ, OHIO l i SITUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 6748. o PID x274 - 000660 �O A� S.R. ASSOCIATES OFFICIAL RECORD e VOLUME 12935, PAGE A01 PID #272 000134 A o o 64.219 ACRES WALTER LEE SHIER (114 INTEREST) MARY ANN SORDEN (114 INTEREST) ROBERT E. SHIER (I 14 INTEREST) o MARK A. SHIER (1 14 INTEREST) INSTRUMENT NUMBER 200808190126446 3.000 ACRES ?h< 0 LOT 18 O OAK -SHIER ESTATES to PLAT BOOK 45, PAGE 120 O 9 7 < N 05 33' 29" W `p O 25.00' 9 N 84° 26' 31" E m - ' - -� 932.67' _ V.M S' 14150- _______"" I A m I l i FCGS 5534 0 I.P.S. = IRON PIN SET OP.F. = IRON PIPE FOUND • M.N.S.= MAG NAIL SET ;M- = MONUMENT BOX FOUND I.P. SET ARE DIA. IRON PIN 30' LONG WITH CAP INSCRIBED 'ASI PS -8438' R/W PARCEL AREA GROSS AREA = 0.144 AC. P.R.O. AREA = 0.144 AC. NET TAKE = 0.000 AC. N SCALE: 1" = 60' 0 30 60 120 S 05 33' 29' E 25.00' EX. C SURVEY Q S• N 84 26' 3P E - 250.00' S' S . r 64.38' V.M.S. 6748 (55' R/W WIDTH) V.M.S� 6953 5 84° 26' 37' W - 250.00 ` SNkHR-R�NOS R OAD kW - (5 - WIDTH i RIM OEOICPGE ? It, P.B. 45, BASIS OF BEARING' BEARINGS SHOWN HEREIN ARE BASED ON THE BEARING FOR THE CENTERLINE OF SHIER -RINGS ROAD IN 84 °26'31" E), 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 CPS SURVEY ANO A TRADITIONAL FIELD TRAVERSE ORIGINATING ON FRANKLIN COUNTY MONUMENT "FCGS 5536 . I HEREBY CERTIFY THAT. THIS ORA WING REPRESENTS THE RESULTS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN JULY 2009. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ?RI AN P. BIN M, P.S. NO. 8438 OA TE AMERICAN STRUCTUREPOINT, INC. E OF Q BRUN P. BINGHAM ta FQ /SSfpE: , "",',"ON P A.. i SJ``. `. LOT 18 PID *Z72-000291 OAK -SHIER ESTATES BEATRICE L. PLAT BOOK 45, PAGE 120 BROGAN INSTRUMENT NUMBER 200802260028751 3.000 ACRES BASIS OF BEARING' BEARINGS SHOWN HEREIN ARE BASED ON THE BEARING FOR THE CENTERLINE OF SHIER -RINGS ROAD IN 84 °26'31" E), 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 CPS SURVEY ANO A TRADITIONAL FIELD TRAVERSE ORIGINATING ON FRANKLIN COUNTY MONUMENT "FCGS 5536 . I HEREBY CERTIFY THAT. THIS ORA WING REPRESENTS THE RESULTS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN JULY 2009. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ?RI AN P. BIN M, P.S. NO. 8438 OA TE AMERICAN STRUCTUREPOINT, INC. E OF Q BRUN P. BINGHAM ta FQ /SSfpE: , "",',"ON P A.. i SJ``. `. EXHIBIT " A " PARCEL 15-E PERMANENT UTILITY, GRADING AND DRAINAGE EASEMENT 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 3.000 acre tract described in a deed to Walter Lee Shier, Mary Ann Sorden, Robert E. Shier and Mark A. Shier (each with a' /4 interest), of record in Instrument Number 200808190126446 , a0 records referenced herein are on file at the Office of the Recorder for Franklin County, being a parcel of land lying on the left side of the centerline of construction for Shier -Rings Road, as shown on the centerline plat for Cosgmy Road and Shier -Rings Road, of record in Plat Book 114, Pages 16-17, and being further bounded and described as follows: Commencing for reference from a concrete monument found in Franklin County monument box 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, being a southwest comer of that 64.219 acre tract described in a deed to S.R. Associates, of record in Official Record 12935, page A01, and said point of reference being at Shier -Rings Road proposed centerline of construction Station 200+08.00; Thence North 84 degrees 26 minutes 31 seconds East, along the existing centerline for said Shier -Rings Road, along the southeast line of said V.M.S. number 6748, and along a southeast line of said 64.219 acre S.R. Associates tract, a distance of 932.67 feet to the southwest comer of the grantor's 3.000 acre tract, being a southeast comer of said 64.219 acre S.R. Associates tract, said comer being at Shier -Rings Road proposed centerline of construction Station 209+40.67; Thence North 05 degrees 33 minutes 29 seconds West, along the southwest line of the grantor's 3.000 acre tract, along a northeast line of said 64.219 acre S.R. Associates tract, a distance of 25.00 feet to a point on the existing northwest right -of- -way line for said Shier -Rings Road, said point being 25.00 feet left of Shier -Rings Road proposed centerline of construction Station 209+40.67, and said point being the TRUE POINT OF BEGINNING for the herein described permanent easement; Thence North 05 degrees 33 minutes 29 seconds West, continuing along the southwest line of the grantor's 3.000 acre tract and a northeast line of said 64.219 acre S.R. Associates tract, a distance of 14.00 feet to a point, said point being 39.00 feet left of Shier -Rings Road proposed centerline of construction Station 209+40.67; Thence Notch 84 degrees 26 minutes 31 seconds East, across the grantor's 3.000 acre tract, along a line parallel to and 14.00 feet northwesterly from the existing northwest right-of-way line for said Shier -Rings Road, a distance of 250.00 feet to a point on the northeast line of the grantor's 3.000 acre tract, being on a southwest litre of said 64.219 acre S.R. Associates tract, said point being 39.00 feet left of Shier -Rings Road pmposed centerline of construction Station 211 +90.67; Thence South 05 degrees 33 minutes 29 seconds East, along the northeast line of the grantor's 3.000 acre tract, along a southwest line of said 64.219 acre S.R. Associates tract, a distance of 14.00 feet to a point on the existing northwest right-of-way lime for said Shier -Rings Road, said point being 25.00 feet left of Shier -Rings Road proposed centerline of construction Station 211 +90.67; Thence South 84 degrees 26 minutes 31 seconds West, across the grantor's 3.000 acre tract, along the existing northwest right -of -way line for said Shier -Rings Road, a distance of 250.00 feet to the TRUE POINT OF BEGINNING for the herein described permanent easement. Page 1 of 2 EXMIT "A" PARCEL 6-E The above described permanent easement contains a total area of 0.080 acres within Franklin County Auditor's tax parcel number 272 - 000134. 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 permanent easement was prepared and reviewed on February 25, 2011 by Brian P. Bingham, registered professional surveyor number 8438, is based on an actual field survey of the premises performed by American Stmcturepoint, Inc. in July 2009, and is true and correct to the best of my knowledge. American Shucturepoint, Inc. Brian P. Bin am Registered Professional Surveyor No. 8438 a• •w na „ Cpj .OF.py'o's 5. BRIAN P. c BINGHAM 13 6438 ' O - .61ST.. .0 • .� • S'ONAL`' '•..r... n•••• . z oo: Date Page 2 of 2 PROJ. NO 2009MM EXHIBIT 'B' - PARCEL 6-E DRAWN BY, Ad J 0.080 ACRES v ® ST MUREPOINT ms 0:%= PERMANENT UTILITY, CJPCKED BY, Ay INC DRAINAGE AND GRADING EASEMENT PACE I OF I DUBLIN, OHIO SITUATED IN THE STATE OF ONTO, COUNTY OF FRANKLIN, TOWNSHIP OF LVLA ICU IN AMMONIA NXIIAKT �UKY[1 PROP. I EX. SURVEY ® N 84' 26' 31' E 932.67' N 05° 33' 29' W 25.00' N 05 33' 29' W © 14.00' O N 84 26' 31' E I 1v 250.00' m �o m; S 00' 33' 29' E S84'26' 31'W 250.00' � A H PARCEL 6 -E TOTAL AREA PID #274- 000660 S.R. ASSOCIATES OFFICIAL RECORD 12935, PAGE AOI 64.219 ACRES STA. 8 OFFSETS ARE REFERENCED TO THE ¢ OF CONST. FOR SHIER -RINGS ROAD, AS SHOWN IN PLAT BOOK 114, PAGES 16 -17. 1 7 CI Y OF UB ! WASHINGTON TWP C O 0 I2 0.00' RT 39.00' T T7 O 0 0.00' R 39.00' LT O 209 +40.67 © 211 +90.67 rho 25.00' LT 25.00' LT a 0 PID *272- 000134 o f 7026 SHIER RINGS ROAD x WALTER LEE SHIER (714 INTEREST) o� MARY ANN SORDEN (114 INTEREST) n ROBERT E. SHIER (114 INTEREST) SCALE: 1' = 60' O MARK A. SHIER (114 INTEREST) INST. NO. 200808190126446 ®I i ro 3.000 ACRES 0 30 60 120 r 14' x O £R ESTATES ]l E PLAT T BOOK 45, PAGE 110 �I � V+ LOT 18 �I w m WASHINGTON TWP BASIS OF HEARING: I I N 5 CITY OF DUBLIN BEARINGS SHOWN HEREIN ARE BASED ON THE BEARING FOR THE CENTERLINE OF Ian 6 I O SHIER -RINGS ROAD (N 84 °2631° E), WHICH „� PID -2 74- 0 00 660 IS REFERENCED TO THE OHIO STATE PLANE I I' m S.R. ASSOCIATES COORDINATE SYSTEM, SOUTH ZONE AND I No OFFICIAL RECORD 12935, PAGE AO7 THE NORTH AMERICAN DATUM OF 1963 (1986 I e� 64.219 ACRES ADJUSTMENT), AS ESTABLISHED UTILIZING A "o GPS SURVEY AND A TRADITIONAL FIELD Iom TRAVERSE ORIGINATING ON FRANKLIN COUNTY MONUMENT 'FCGS 5536'. OF I HEREBY CERTIFY THAT: 5 '' ''•O THIS DRAWING REPRESENTS THE RESULTS OF AN ACTUAL i BRIAN P. FIELD SURVEY OF THE PREMISES PERFORMED BY AMERICAN = BINGHAM _ S TRUC TUREPOINT, INC. IN JULY 2009. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. = v : 8438 • p NAL RIAN P. HINGHAM, P.S. NO. 8438 4A L T; AMERICAN STRUCTUREPOINT, INC.