Ordinance 21-12RECORD OF ORDINANCES
Ordinance No. 21 -12 Passed 20_
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACQUIRE A 0.120 ACRES, MORE OR LESS, FEE SIMPLE
INTEREST THAT IS PRESENT ROAD OCCUPIED
PROPERTY FROM BEATRICE L. BROGAN
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 property within Franklin County Parcel No. 272 - 000291
owned by Beatrice L. Brogan (the 'Brogan"), said property more fully described and
depicted in Exhibits "A" and "B ", attached hereto; and
WHEREAS, the City and Brogan participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the property; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and Brogan.
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 0.120 acres fee simple interest
that is present road occupied property from Beatrice L. Brogan, said property located
within Franklin County Parcel No. 272 - 000291, 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 /y�day of 2012.
- lX
Mayor - i in
P sg Officer
ATTEST:
Clerk of Council
ICE M I LLERLLP
LEGAL COUNSEL
MEMORANDUM
TO
Dublin City Council
Marsha I. Grigsby, City Manager
ACRES
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM
Stephen J. Smith, Law Director
Asim Z. Haque
DATE:
April 5, 2012
RE:
Ordinance No. 21 -12
Beatrice L. Brogan
Cosgray /Shier -Rings Road Roundabout Project
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 property from in order to construct the Project is Beatrice L. Brogran ('Brogan").
After engaging in amicable negotiations, the City has come to an agreement with Brogan to
acquire this property per the terms outlined in this memorandum.
ACQUISITION INTRODUCTION:
The City will be acquiring from Brogan a fee simple interest that is present road occupied
property as depicted in the map attached to this memorandum. The City will be acquiring this
property interests for $300, based on the Ohio Department of Transportation policy for
acquiring Present Road Occupied. The appraised value is one Dollar. The acquisition is
detailed below:
PROPERTYINTEREST
ACRES
NEGOTIATED VALUE
ACQUIRING
Fee Simple Interest
0.120
$300.00
Present Road Occupied
TOTAL
$300.00
Ordinance 21 -12 Land Acquisition — Beatrice Brogan
April 5, 2012
Page 2
ACTION TO BE AUTHORIZED BY ORDINANCE:
Ordinance No. 21 -12 would authorize the City Manager to execute all necessary conveyance
documentation to formally acquire a fee simple interest that is present road occupied property,
as described above.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 21 -12 at the second reading /public hearing on
April 23, as obtaining this property is necessary for the furtherance of the Cosgray /Shier -Rings
Road roundabout construction project.
EXHIBIT "A"
0.120 ACRE RIGHT -OF -WAY
ACQUIRED FROM
BEATRICE L. BROGAN
Situated in the State of Ohio, County of Franklin, Township of Washington, being located in
Virginia Military Survey Numbers 6953, and being a part of that 3.000 acre tract described in a
deed to Beatrice L. Brogan, of record in Instrument Number 200802260028751, 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 a north line of V.M.S. numbers 14150 -14400 and the south line of
V.M.S. number 6748, being the southwest corner 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 centerline of survey for said
Shier -Rings Road, along a north line of V.M.S. number 14150 -14400 and said V.M.S. number
6953, along the south line of said V.M.S. number 6748, and along the southeast line of said
64.219 acre tract, a distance of 909.54 feet to a MAG nail set at the northwest corner of said
3.000 acre tract, being the northeast comer of that 4.033 acre tract described in a deed to Ima
Moore, of record in Instrument Number 199811200299909, and said MAG nail set being the
TRUE POINT OF BEGINNING for the herein described right -of -way parcel;
Thence North 84 degrees 26 minutes 31 seconds East, continuing along the existing centerline
of survey for said Shier -Rings Road, continuing along the a north line of said V.M.S. number
6353, continuing along the south line of said V.M.S. number 6748, continuing along the south
line of said 64.219 acre tract, along the north line of said 4.033 acre tract, (passing a southeast
corner of said 64.219 acre tract and a southwest corner 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 1/
interest), of record in Instrument Number 200808190126446 at a distance of 23.13 feet) a total
distance of 208.75 feet to Franklin County monument 5535, being at the northeast corner of the
grantor's 3.000 acre tract, being the northwest comer of an existing right -of -way parcel as
dedicated in the Oak -Shier Estate, of record in Plat Book 45, page 120;
Thence South 04 degrees 45 minute 25 seconds East, along the east line of the grantor's 3.000
acre tract, along the west line of said existing right -of -way parcel, a distance of 25.00 feet to
point on the existing south right -of -way line for said Shier -Rings Road (reference a 1 inch iron
pipe found South 04 degrees 45 minutes 25 seconds East at distance of 0.79 feet);
Thence South 84 degrees 26 minutes 31 seconds West, across the grantor's 3.000 acre tract,
along the existing south right -of -way line for said Shier -Rings Road, a distance of 208.63 feet to
a point on the west line of the grantor's 3.000 acre tract, being on the east line of said 4.033 acre
tract;
Thence North 05 degrees 01 minute 43 seconds West, along the west line of the grantor's
3.000 acre tract, along the east line of said 4.033 tract, a distance of 25.00 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 0.120 acres (including 0.120
acres located within the present road occupied) leaving a net take of 0.000 acres within Franklin
County Auditor's tax parcel number 272 - 000291.
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 ".
Page 1 of 2
EXHIBIT "A"
0.120 ACRE RIGHT -OF -WAY
Iron pins referenced as "set' are 5/8 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 8, 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.
Brian P. Bingham
Registered Professional Surveyor No. 8438
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Page 2 of 2
PROD. NO:
200900614
EXHIBIT '23"
DRAWN BY:
BPB
Q AMERICAN
■ STRUCTUREPQINT
2550 CORPORATE EXCHANGE DR, STE 300
TEL 614.901.2COLUMBUS, OH 43231
0 .120 ACRES
RIGHT -OF -WA Y
235 FAX 614.901.2236
INC. www.structurepo
ACQUIRED FROM
CHECKED BY:
JEM
BEATRICE L. BROGAN
DUBLIN, OHIO
PAGE lOF
I
SITUATED IN THE STATE OF
OHIO, COUNTY OF FRANKLIN, TOWNSHIP
OF
WASHINGTON, L OCA TED IN
VIRGINIA MILITARY SURVEY NUMBER 6953.
PID #272 - 000134
WA TER LEE SHIER (114 INTEREST)
n
PID #274- 000660
MARY ANN SORDEN (1/4 INTEREST)
ROBERT E. SHIER (1/4 INTEREST)
S.R. ASSOCIATES
OFFICIAL RECORD
MARK A. SHIER (1/4 INTEREST)
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VOLUME 12935, PACE A01
INSTRUMENT NUMBER 200808190126996
Si
54.219 ACRES
3.000 ACRES
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FCGS
EX. c SURVEY
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5539
F DUBLIN
P.O.R. CITY O N
EX R/W --' A FCGS . 6748
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ROD
WASHING roN rwP
SIilFR-RINGS
75'
26' 31 E 20 8.7 5 1
V.M.S. 6953
31" ��'
N 840
R7W DEDICATED BY
N 84 26
F' p 45, PG 120
L J
909.5 150' R/W
' V.M.S. 14150 WIDTH)
S 84 26' 31" W - 208.63
PID #272 - 000374
14400 r
A
MICHAEL E. RAMSEY AND
S 04 45' 25" E
SHARON D. RAMSEY
m
P. O. B.
25.00'
INSTRUMENT NUMBER
200511220233 726
N 05 01' 43" W
LOT 18
OAK - SHIER ESTATES
1
25.00'
PLAT BOOK 45, PAGE 120
PID #272 000292
PID #272- 000291
IMA MOORE
BEATRICE L. BROGAN
INSTRUMENT NUMBER
INSTRUMENT NUMBER
19 4.033 0299 S
4.033 ACRES
200802260028 751
3.000 ACRES
O 1" IRON PIPE W /NO CAP
S 04° 45' 25" E, 0,79' FROM CORNER
0 I . P -S . = IRON PIN SET
O P .F . = IRON PIPE FOUND
• M.N.S.= MAC NAIL SET
LMJ = MONUMENT BOX FOUND
1. P. SET ARE %" DIA.
IRON PIN 30 1 'LONG WITH
CAP INSCRIBED "ASI PS- 8438"
R/W PARCEL AREA
GROSS AREA = 0.120 AC.
P.R.O. AREA = 0.120 AC.
NET TAKE = 0.000 AC.
N
SCALE: 1" = 60'
0 30 60 120
BASIS OF BEARING:
BEARINGS SHOWN HEREIN ARE BASED ON THE
BEARING FOR THE CENTERLINE OF SHIER -RINGS
ROAD (N 84 °26'31" E), WHICH IS REFERENCED TO
THE OHIO STA TE PL ANE C0ORDINA TE S YS TEM,
SOUTH ZONE AND THE NORTH AMERICAN DATUM OF
1983 (1986 ADJUSTMENT), AS ESTABLISHED
UTILIZING A CPS SURVEY AND A TRADITIONAL FIELD
TRA VERSE ORIGINA TING ON FRANKL IN COUNT Y
MONUMENT "FCGS 5536".
I HEREB Y CER TIFY THA T:
THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF
PREMISES PERFORMED BY AMERICAN S TRUC TUREPOINT, INC. IN JUL Y 2009.
THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
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B171-AN P. BINGHAM, f.S. NO. 84 DATE
AMERICAN STRUCTUREPOINT, INC.
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THE= BRIAN P.
BINGHAM
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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
#7026
COSGRAY ROAD /
SHIER -RINGS ROAD ROUNDABOUT
7025 SHIER -RINGS ROAD
DUBLIN, OH 43016
CITY OF DUBLIN
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DRAWN CHECKED DATE: I JOB NO.
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