Ordinance 25-12RECORD OF ORDINANCES
Ordinance No.
25 -12
Passed 20
AN ORDINANCE APPROPRIATING A 0.093 ACRES, MORE
OR LESS, FEE SIMPLE INTEREST THAT IS PRESENT
ROAD OCCUPIED PROPERTY FROM JASON R. HUFFMAN,
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin ( "City ") is preparing to construct a roundabout at the
intersection of Cosgray and Shier -Rings Roads ( "Project'); and
WHEREAS, this roadway project will require the City of Dublin to obtain a fee simple
interest that is present road occupied property from Jason R. Huffman ( "Huffman") as
described and depicted in the legal descriptions attached hereto as Exhibit "A ", said
property interest located in the City of Dublin, County of Franklin, State of Ohio; and
WHEREAS, representatives of the City of Dublin have partaken in good faith
negotiations with the landowner, but these negotiations have been unsuccessful thus far.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, —7— of the elected members concurring that:
Section 1. Council hereby authorizes the City to appropriate, for the purpose of the
Cosgray /Shier -Rings Road roadway improvement project, an approximate 0.093 acres,
more or less, fee simple interest that is present road occupied from Jason R. Huffman, said
property interest located within Franklin County Parcel No. 272- 000233, and as more
fully set forth in the legal descriptions attached herewith.
Section 2. Council hereby fixes the value of the interests to be appropriated at three
hundred dollars ($300.00), which sum, in the event negotiations are unsuccessful, shall be
deposited with the Franklin County Court of Common Pleas.
Section 3. Council finds that possible appropriation is necessary for roadway
construction, specifically the construction of a roundabout at the intersection of Cosgray
Road and Shier -Rings Road, and that the City intends to take immediate possession of the
property upon making the requisite deposit with the Franklin County Court of Common
Pleas.
Section 4. The City Law Director is hereby authorized to file a petition for
appropriation in the Franklin County Court of Common Pleas should it become necessary.
Section 5. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The appropriation of the
property interests described herein is necessary to the vehicular and pedestrian safety of
City residents, as well as those individuals traversing the intersection of Cosgray and
Shier -Rings Roads.
Passed this -963 day of �27 i t
Offi Ading
ATTEST:
(2-- 014A- �
Clerk of Council
ICE M I LLEf2LLP
LEGAL LOU NS EL
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: May 3, 2012
RE: Ordinance No. 25 -12
Cosgray Road/Shier -Rings Road Roundabout Project
Jason R. Huffman Property — 7065 Shier -Rings Road
PROJECT BACKGROUND:
The City of Dublin ( "City ") is preparing to construct a roundabout at the intersection of Cosgray
Road and Shier -Rings Road (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 accordancewiththe Ohio Revised Code.
In order to construct this project, the City must obtain various property interests from property
owned by Jason R. Huffman ( "Huffman") at 7065 Shier -Rings Road. After engaging in a lengthy
period of negotiations with Huffman, it appears that the City may be forced to appropriate the needed
property from Huffman. While the City remains hopeful that an amicable resolution can be reached
with Huffman, this Ordinance represents the next step in the appropriation process.
APPROPRIATION INTRODUCTION:
This memorandum discusses the appropriation of property interest owned by Jason R. Huffman. The
City will be acquiring from Huffman a fee simple interest that is present road occupied property
located within Franklin County Parcel Nos. 272 - 000233, as depicted in the map attached to this
memorandum. The appraised value is one Dollar, and the City's offer was $300 based on the Ohio
Department of Transportation's policy on Present Road Occupied.
PROPERTY TO BE APPROPRIATED:
The appropriation consists of the following property interests, as depicted in the map attached hereto:
Parcel No. 272- 000233
Property Interest
Acreage
Fee Simple Interest that is Present Road
Occupied
0.093 t acres
Total Appraised Cost
$300.00
Ordinance 25 -12 — Appropriation for Huffman property
May 3, 2012
Page 2
RECOMMENDATION:
Staff recommends approval of Ordinance No. 25 -12 by emergency at the second reading /public
hearing on May 7, 2012 as obtaining this property interest is necessary for the furtherance of the
Cosgray Road/Shier -Rings Road roundabout construction project.
EXHIBIT "A"
0.093 ACRE RIGHT -OF -WAY
ACQUIRED FROM
JASON R. HUFFMAN
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 1.00 acre tract described in a
deed to Jason R. Huffman, of record in Instrument Number 199802270044542, 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 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 a north line of V.M.S. numbers
14150 -14400 and the south line of V.M.S. number 6748, being the northwest comer of the 8 acre
tract described in a deed to Stephen M. Kelly, Grantor and Trustee, or any Successor Trustee, of
the Stephen M. Kelly Trust, dated March 19, 2001, of record in Instrument Number
200104180081163, and 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 said V.M.S. number 14150 -14400 and said V.M.S.
number 6953, along the south line of said V.M.S. number 6748, along the north line of said 8
acre tract, and along the southeast line of said 64.219 acre tract, a distance of 558.64 feet to a
MAG nail set at the northeast corner of said 8 acre tract, being the northwest corner of said 1.00
acre tract, 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, and along the north line of said 1.00 acre tract, a distance of 162.65
feet to a MAG nail set at the northeast corner of said 1.00 acre tract, being the northwest corner
of that 4.033 acre tract described in a deed to Ima Moore, of record in Instrument Number
199811200299909 (reference Franklin County monument FCGS 5535 North 84 degrees 26
minutes 31 seconds East, a distance of 397.00 feet from said MAG nail set);
Thence South 05 degrees 01 minute 43 seconds East, along the east line of said 1.00 acre tract,
along the west line of said 4.033 acre tract, a distance of 25.00 feet to a point on the existing
south right -of -way line for said Shier -Rings Road (reference a 1 inch iron pipe found North 26
degrees 10 minutes 07 seconds East at a distance of 0.15 feet);
Thence South 84 degrees 26 minutes 31 seconds West, across said 1.00 acre tract, along the
existing south right -of -way line for said Shier -Rings Road, a distance of 162.65 feet to an iron
pin set on the west line of said 1.00 acre tract, being on the east line of said 8 acre tract;
Thence North 05 degrees 01 minute 43 seconds West, along the west line of said 1.00 acre
tract, along the east line of said 8 acre 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 0.093 acres (including 0.093
acres located within the present road occupied) leaving a net take of 0.000 acres within Franklin
County Auditor's tax parcel number 272 - 000233.
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 "FOGS 5536 ".
Page 1 of 2
EXHIBIT "A"
0.093 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.
OF
m
BRIAN P.
BINGHAM
.
m :Q�
A , 8430 ' 4
r
S QNA a
American Structurepoint, Inc.
B rian P. Bin am
Registered Professional Surveyor No. 8438
—IO�
5e\\�-
o - O q
n \j�- 0�
L z -1 �>
2_ "33
DESCRIPTION VIIJUVf t{ [.)
DAT11 - .
.WIZA 2011
Date
Page 2 of 2
PROD. NO: 200900614
EXHIBIT ''8°
DRAWN 8 Y BPB O 0 .093 ACRES
AMERICAN 2550 CORPORATE EXCHANGE DR, STE 300
■ STRUCTUREPOINT TEL 614.901.2235 OH 43231 RIGHT -OF -WA Y
235 FAX 614.901.2236 ACQUIRED FROM
CHECKED BY: JEM
INC. wwwstrudurepointcom JASON R. HUFFMAN
PAGE lOF I DUBLIN, OHIO
SI TUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF
WASHINGTON, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 6953.
n
O
N
`O
�O
m
x
cn
c
C
n1
Ir
I FCGS 5534
PID #274- 000660
S.R. ASSOCIA rES
OFFICIAL RECORD
VOLUME 12935, PAGE A01
64.219 ACRES
FCGS 5535
11
iYof DU13LIN 150' R/W W10TH)
S SHIER-R1NGS ROAD V M S 6748 WASHINGTON TWP 162,65' 695
L o �• N 84 26' V.M.S.
397.00'
S 84'� - W - 162.65'
PID #272- 000166
STEPHEN M. KELL Y, GRANTOR AND TRUSTEE,
OR ANY SUCCESSOR TRUSTEE, OF THE
STEPHEN M. KELLY TRUS T,
DATED MARCH 19, 2001
INSTRUMENT NUMBER 200104180081163
8 ACRES
O i" IRON PIPE W /NO CAP
N 26° 10' 07" E, 0.15' FROM CORNER
10 I .P .S S . = IRON PIN SET
OP .F . = IRON PIPE FOUND
• M.N.S.= MAG NAIL SET
F- V = MONUMENT BOX FOUND
I.P. SET ARE %" DIA.
IRON PIN 30" LONG WITH
CAP INSCRIBED "ASI PS- 8438"
R/W PARCEL AREA
GROSS AREA = 0.093 AC.
P.R.O. AREA = 0.093 AC.
NET TAKE = 0.000 AC.
N
SCALE: 1" = 60'
0 30 60 120
N 05 01' 43" W
25.00'
PID #272- 000233
JASON R. HUFFMAN
INS TRUMEN T NUMBER
199802270044542
1.00 ACRE
BASIS OF BEARING:
.xl
PID #272- 000292
IMA MOO,RE
INS rRUMENT NUMBER
199811200299909
4.033 ACRES
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 STATE PLANE COORDINATE SYSTEM,
SOUTH ZONE AND THE NORTH AMERICAN DATUM OF
1983 (1985 ADJUSTMENT), AS ESTABLISHED
UTILIZING A CPS SURVEY AND A TRADITIONAL FIELD
TRA VERSE ORIGINA TING ON FRANKL IN COUNT Y
MONUMENT "FCGS 5536".
I HEREBY CER TIFY THAT:
THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF THE
PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN JUL Y 2009.
THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
BRIAN P. BINGIAI�?, P.S. NO. 8438
AMERICAN STRUCTUREPOINT, INC.
EX. � SURVEY���
N 84° 26' 31" E
558.6
V.M.S. 14150 -
k 1440 ------
DA TF
r S 05 01' 43" E
I 25.00'
` , ` Ittl 4f00 Df® N � 1
% of
BRIAN R.
BINGHAM
8438
p `mow
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
COSGRAY ROAD /
SHIER -RINGS ROAD ROUNDABOUT
7065 SHIER —RINGS ROAD
DUBLIN, OH 43016
z
z
A o
H
w �
o 1Z #7026
En
EK RI �
R - RINGS ROAD - - - - --
CITY OF DUB L j�n � ..Rrw • - -- -- - -
T 1, r • -- — — - -- — EX RIW
ETAS JINGTON
— EX RIW
�j
#7065 #7055
JASON R.
HUFFMAN
a
EXISTING RIGHT -OF -WAY
PRO AREA = 0.093 Ac.
7_ _'
DRAWN CHECKED I DATE: JOB N0. I V- 1w
MSS KBR 1 03 -28 -2012 09- 011 —CIP 1 2s W 100