Ordinance 26-12RECORD OF ORDINANCES
Ordinance No.
26 -12
Passed 20
AN ORDINANCE APPROPRIATING A 0.110 ACRE,
MORE OR LESS, FEE SIMPLE INTEREST THAT IS
PRESENT ROAD OCCUPIED PROPERTY FROM
MITCHELL E. HAAF AND KIMBERLY HAAF, 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 Mitchell E. Haaf and Kimberly Haaf
(collectively "Haaf') 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 0.110 acres,
more or less, fee simple interest that is present road occupied from Mitchell E. Haaf and
Kimberly Haaf, said property interest located within Franklin County Parcel No. 272-
000586, 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 J 11� day of 2012.
iifiiiii�L�� - • -
ATTEST:
Clerk of Council
ICE M I LLEf2LLP
LEGAL LOU NS EL
MEMORANDUM
TO
Dublin City Council
Fee Simple Interest that is Present Road
Occupied
Marsha I. Grigsby, City Manager
Total Appraised Cost
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
FROM
Stephen J. Smith, Esq.
Asim Z. plaque, Esq.
DATE:
May 3, 2012
RE:
Ordinance No. 26 -12
Cosgray Road/Shier -Rings Road Roundabout Project
Mitchell E. Haaf and Kimberly Haaf Property — 6191 Cosgray Road
1 U'Tell)Blois V& X01 X" IT61091 11
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 accordance with the Ohio Revised Code.
In order to construct this project, the City must obtain various property interests from property
owned by Mitchell E. Haaf and Kimberly Haaf (collectively "Haaf) at 6191 Cosgray Road. After
engaging in a lengthy period of negotiations with Haaf, it appears that the City may be forced to
appropriate the needed property from Haaf While the City remains hopeful that an amicable
resolution can be reached with Haaf, this Ordinance represents the next step in the appropriation
process.
APPROPRIATION INTRODUCTION:
This memorandum discusses the appropriation of property interest owned by Mitchell E. Haaf and
Kimberly Haaf The City will be acquiring from Haaf a fee simple interest that is present road
occupied property located within Franklin County Parcel Nos. 272 - 000586, 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
PropertV Interest
Acreage
Fee Simple Interest that is Present Road
Occupied
0.110 t acres
Total Appraised Cost
$300.00
Ordinance 26 -12 — Michael E. and Kimberly Haaf
May 3, 2012
Page 2
RECOMMENDATION:
Staff recommends approval of Ordinance No. 26 -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"
0.110 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
w
n
O
y `a
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