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Ordinance 37-12RECORD OF RESOLUTIONS Resolution No. Form No 3W45 37 -12 Passed 2 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A 0.172 ACRES, MORE OR LESS, FEE SIMPLE INTEREST (WITH 0.084 ACRES AS PRESENT ROAD OCCUPIED), AND A COMBINED 0.031 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM IACOVETTA PROPERTIES, LTD (EMERALD PARKWAY, PHASE 8). WHEREAS, the City of Dublin ( "City ") is preparing to construct its Emerald Parkway Phase 8 roadway construction project; and WHEREAS, Iacovetta Properties, Ltd ( "Iacovetta") owns property interests within Franklin County Auditor's Parcel No. 273 - 008606 that the City must acquire in order to construct the Emerald Parkway Phase 8 project; and WHEREAS, the City and Iacovetta participated in discussions for the acquisition of the necessary property interests from Iacovetta; and WHEREAS, the City and Iacovetta have come to mutually agreeable terms for the acquisition of the property interests; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between Iacovetta and the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, r� of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire an approximate 0.172 acres, more or less, fee simple interest (with 0.084 acres as present road occupied), and a combined 0.031 acres, more or less, temporary construction easement from Iacovetta Properties, Ltd., as depicted in the attached Exhibit "A ". Section 2. Iacovetta shall be compensated for the aforementioned property interests in the amount of Fifteen Thousand Dollars ($15,000.00). Section 3 . This ordinance shall take effect on the earliest date permitted under applicable law. Passed this —4LL day of 2012. Mayor - Pr si ing Officer ATTEST: Clerk of Council ICE M I LLERLUP L EOAL LOO N 5EL MEMORANDUM TO Dublin City Council Marsha I. Grigsby, City Manager Paul A. Hammersmith, PE, Director of Engineering /City Engineer FROM Dana McDaniel, Director of Economic Development/Deputy City Manager Stephen J. Smith, Law Director Asim Z. Haque DATE: May 17, 2012 RE: Ordinance No. 37 -12 Iacovetta Properties, Ltd. Emerald Parkway Phase 8 PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway construction project. The City must acquire property interests from various landowners located within the City in order to construct this roadway project. A representative of the City has reached out to landowners in order to gauge their respective interests in selling the needed property interests to the City. ACQUISITION INTRODUCTION: The City had an appraisal completed and has successfully negotiated a land sale transaction with Iacovetta Properties, Ltd. ( "Iacovetta "). The City will be acquiring from Iacovetta only those property interests needed for the Emerald Parkway Phase 8 project. These property interests are depicted in the map attached to this memorandum. In total, the acquisition consists of the following property interests: Property Interest Acquiring ACRES APPRAISED COST 1. Fee Simple (with 0.084 acres as PRO) 0.172 $13,200.00 2. Temporary Construction Easement 0.023 $525.00 3. Temporary Construction Easement 0.008 $200.00 TOTAL $13,925.00 NEGOTIATED COMPENSATION $15,000.00 Ordinance 37 -12 — Emerald Parkway Phase 8 — Iacovetta May 17, 2012 Page 2 ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 37 -12 would allow the City Manager to execute all necessary conveyance documentation to formally acquire the aforementioned property interests. RECOMMENDATION: Staff recommends approval of Ordinance No. 37 -12 at the second reading/public hearing on June 4, 2012 as the acquisition of these property interests is necessary for the furtherance of the Emerald Parkway Phase 8 construction project. EMERALD PARKWAY - PHASE 8 r of Dublin IACOVETTA PROPERTIES, LTD. tY 3985 BRIGHT ROAD DUBLIN, OHIO 43017 5800 Shier—Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)410 -4699 0 13 a WD T1 LEGEND I ROPOS D RIGHT -OF -WAY 3 -WD: .172 Ac. I (P 0 = 0.084 Ac.) PROPOSED TEMPORARY EASEMENT °- .,:.... ;;.,. I 13 -T1: .023 AC. I 13 -T2: .008 AC. I 3985 / BRIGHT a ROAD 1 DRAWN CHECKED DATE: JOB NO. SCALE V _,0( MSS KBR 1 05/25/12 07- 008 —CIP o' w 1w EXHIBIT A PARCEL 13 -T1 TEMPORARY EASEMENT ACQUISITION FROM IACOVETTA PROPERTIES, LTD December 22, 2009 Page 1 of 3 Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2 North, Range 19 West of the United States Military Lands, Quarter Township 2 and part Lot Numbered 11 being further described as part of a 3.000 acre tract of lands conveyed to Iacovetta Properties, LTD as described in Instrument Number 199802170034496 of the Franklin County Recorder's Office and being a parcel of land lying on the Right side of Bright Road as shown on the Centerline Plat for Emerald Parkway - Phase 8 recorded in Plat Book , Page and being more particularly described as follows: COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at station 39 +41.49 and the West line of Lot Number 11 as located in Quarter Township 2; THENCE with the centerline of Bright Road, North 87° 47' 57" East for a distance of 286.03 feet to a Railroad Spike Found at an angle point on the centerline of existing Bright Road at station 42 +27.52; THENCE continuing with the centerline of Bright Road, North 80° 19' 56" East for a distance of 174.96 feet to the Northwest corner of a 3.300 acre tract of land conveyed to Adolph W. Maier and Ruth Maier as described in Official Record 04313 B01 and the Northeast corner of the 3.000 acre Iacovetta Properties lands being on the centerline of existing Bright Road at station 44 +02.48; THENCE with the West line of the 3.300 acre Maier lands and the West line of the 3.000 acre Iacovetta Properties lands, South 02° 54' 22" West for a distance of 40.40 feet to a Iron Pin Set, being 39.43 feet right of the centerline of existing Bright Road at station 43 +93.69 and the TRUE POINT OF BEGINNING of the herein described parcel; THENCE with the proposed right -of -way of Bright Road and through the 3.000 acre Iacovetta Properties, North 78° 28' 29" East for a distance of 30.00 feet to the proposed temporary easement line, being 38.46 feet right of the centerline of existing Bright Road at station 44 +23.67; THENCE with the proposed temporary easement line and through the 3.000 acre Iacovetta Properties lands, South 11 31' 31" East for a distance of 30.00 feet, being 68.44 feet right of the centerline of existing Bright Road at station 44 +24.64; THENCE continuing with the proposed temporary easement line and through the 3.000 acre Iacovetta Properties lands, South 78 1 28' 29" West for a distance of 37.72 feet to the East line of the 3.300 acre Maier lands and the West line of the 3.000 acre Iacovetta Properties lands, being 69.66 feet right of the centerline of existing Bright Road at station 43 +86.94; THENCE with the East line of the 3.300 acre Maier lands and the West line of the 3.000 acre Iacovetta Properties lands, North 02 1 54' 22" East for a distance of 30.98 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.023 acres lying within Franklin County Auditors parcel number 273 - 008606. EXHIBIT A PARCEL 13 -T1 TEMPORARY EASEMENT ACQUISITION FROM IACOVETTA PROPERTIES, LTD December 22, 2009 Page 2of3 All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy. 7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin. This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No. 6446 during October 2007 through December 2009 and upon available public records. The basis of bearings in the above described parcel are based on Grid North as observed by GPS observation taken from the Ohio State Plane Coordinate System, Ohio South Zone(3402), NAD83(1986) and are for the determination of angles only. William C. LeRoy PS Ohio License No. 7664 Burgess and Niple \\\\\\\\\\\ \ IIIIIIIIII /l / / / / / /� // WILLIAM ZL LEROY 7664 � , S TO' 9 - 4 -Zo /o Date EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L., QTR. TWP 2, LOT #11 0 50 100 ADOLI AND 4025 PID: 3.' PROPERTIES, INC. BRIGHT ROAD Z73- 008610 12527 J16 514 ACRES McKITRICK PROPERTIES, INC. 3865 BRIGHT ROAD Burg PID: 273 - 008610 5085 Reed Road, O.R. 12527 J16 (814 34.314 ACRES EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L., QTR. TWP 2, LOT #11 BR / G, ,T 174.9 N80' �r0 � EX / - EX-R / Ix I ti 44 +23.67 I h P.O.B 38.46' RT 43 +93.69 2a 29..E 39.43' RT N78 IACOVETTA PROPERTIES LTD 0 o 3985 BRIGHT RD ADOLPH W. MAIER , PID: 273- 008606 AND RUTH MAIER 11 13 -T1 �`� Inst. #199802170034492 4025 BRIGHT RD ,,� PID: 273- 008609 ( 0.0 23 � AC o 3.000 ACRES iv 10 3.300 ACRES z _ 37.7 2 57$ 2 g 29 "`N 44 +24.64 I 68.44' RT ROAD �. 0 10 20 43 +86.94 69.66' RT EXHIBIT A PARCEL 13 -T2 TEMPORARY EASEMENT ACQUISITION FROM IACOVETTA PROPERTIES, LTD December 22, 2009 Page 1 of 3 Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2 North, Range 19 West of the United States Military Lands, Quarter Township 2 and part Lot Numbered 11 being further described as part of a 3.000 acre tract of lands conveyed to Iacovetta Properties, LTD as described in Instrument Number 199802170034496 of the Franklin County Recorder's Office and being a parcel of land lying on the Right side of Bright Road as shown on the Centerline Plat for Emerald Parkway - Phase 8 recorded in Plat Book , Page and being more particularly described as follows: COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at station 39 +41.49 and the West line of Lot Number 11 as located in Quarter Township 2; THENCE with the centerline of Bright Road, North 87 1 47' 57" East for a distance of 286.03 feet to a Railroad Spike Found at an angle point on the centerline of existing Bright Road at station 42 +27.52; THENCE continuing with the centerline of Bright Road, North 80° 19' 56" East for a distance of 174.96 feet to the Northwest corner of a 3.300 acre tract of land conveyed to Adolph W. Maier and Ruth Maier as described in Official Record 04313 B01 and the Northeast corner of the 3.000 acre Iacovetta Properties lands being on the centerline of existing Bright Road at station 44 +02.48; THENCE continuing with the centerline of Bright Road and the North line of the 3.000 acre Iacovetta Properties lands, North 80° 19' 56" East for a distance of 208.28 feet to a Mag -Nail Set on Northwest corner of a 3.978 acre tract of lands conveyed to McKitrick Properties, Inc as described in Official Record 12527 J16 and the Northeast corner of the 3.000 acre Iacovetta Properties lands on the centerline of existing Bright Road at station 46 +10.76, witness a Railroad Spike Found bearing North 80° 19'56" East at a distance of 119.92 feet; THENCE with the West line of the 3.978 acre McKitrick Properties lands and the East line of the 3.000 acre Iacovetta Properties lands, South 03 1 08' 28" West for a distance of 33.48 feet to a Iron Pin Set on the proposed right -of -way line of Bright Road, being 32.64 feet right of the centerline of existing Bright Road at station 46 +03.34 and the TRUE POINT OF BEGINNING of the herein described parcel; THENCE continuing with the West line of the 3.978 acre McKitrick Properties lands and the East line of the 3.000 acre Iacovetta Properties lands, South 03° 08' 28" West for a distance of 10.32 feet to the proposed temporary easement line, being 42.71 feet right of the centerline of existing Bright Road at station 46 +01.05; THENCE with the proposed temporary easement line and through the 3.000 acre Iacovetta Properties lands, South 78 1 28' 29" West for a distance of 32.39 feet to an angle in the proposed temporary easement line, being 43.76 feet right of the centerline of existing Bright Road at station 45 +68.68; THENCE with the proposed temporary easement line and through the 3.000 acre Iacovetta Properties lands, North 11° 31' 31" West for a distance of 10.00 feet to the proposed right -of- way line of Bright Road, being 33.76 feet right of the centerline of existing Bright Road at station 45 +68.36; EXHIBIT A PARCEL 13 -T2 TEMPORARY EASEMENT ACQUISITION FROM IACOVETTA PROPERTIES, LTD December 22, 2009 Page 2 of 3 THENCE with the proposed right -of -way of Bright Road and through the 3.000 acre Iacovetta Properties lands, North 78 28' 29" East for a distance of 28.44 feet to a Iron Pin Set on the proposed right -of -way line of Bright Road, being 32.84 feet right of the centerline of existing Bright Road at station 45 +96.78; THENCE with the proposed right -of -way of Bright Road and through the 3.000 acre Iacovetta Properties lands, on a tangent curve to the right with an ARC LENGTH of 6.56 feet, a RADIUS of 1470.00 feet, a TANGENT LENGTH of 3.28 feet, a DELTA ANGLE of 00° 15' 21", with a CHORD BEARING of North 78° 36' 10" East and a CHORD DISTANCE of 6.56 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.008 acres lying within Franklin County Auditors parcel number 273 - 008606. All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy. 7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin. This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No. 6446 during October 2007 through December 2009 and upon available public records. The basis of bearings in the above described parcel are based on Grid North as observed by GPS observation taken from the Ohio State Plane Coordinate System, Ohio South Zone(3402), NAD83(1986) and are for the determination of angles only. 4 �, 4? /�/� \\\ WILLIAW C LEROY 7664 - :3 - 4-7-0/0 Date William C. LeRoy PS Ohio License No. 7664 Burgess and Niple EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY,CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L., QTR. TWP 2, LOT #11 50 100 a ADOLPH AND Rl 4025 E PID: 27 3.30C 'ERTIES, INC. iT ROAD 008610 '7 J16 kCRES McKITRICK PROPERTIES, INC. 3865 BRIGHT ROAD Burgess & PID: 273 - 008610 5085 Reed Road, Colur O.R. 12527 J16 (614) 459 34.314 ACRES EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY,CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L., QTR. TWP 2, LOT #11 Ft /W SAD BRIGHT R , a= co•1 383.2 Nao' �jo6 P.i.) R= 1470.00' L =6.56' C =6.56' 13 -T2 CB= N78 (0.008 AC) EX _R /W 45 +96.78 32.84' RT 45 +68.36 1 29'E 33.76' RT 2B .44 � Z o 1 3 IACOVETTA PROPERTIES LTD 0. "W 32 3985 BRIGHT RD PID: 273- 008606 46 +01.05 45 +68.68 42.71' RT Inst. #199802170034492 43.76' RT 3.000 ACRES EX _R /W I ti P.O.B I o 46 +03.34 32.64' RT � CV co 00 �I n I� I I I McKITRICK PROPERTIES, INC. 3865 BRIGHT ROAD PID: 273- 008610 O.R. 12527 J16 34.314 ACRES 0 10 20 EXHIBIT A PARCEL 13 -WD RIGHT OF WAY ACQUISITION FROM IACOVETTA PROPERTIES, LTD December 23, 2009 Page 1 of 3 Situate in the State of Ohio, County of Franklin, City of Dublin and being located in Township 2 North, Range 19 West of the United States Military Lands, Quarter Township 2 and part Lot Numbered 11 being further described as part of a 3.000 acre tract of lands conveyed to Iacovetta Properties, LTD as described in Instrument Number 199802170034496 of the Franklin County Recorder's Office and being a parcel of land lying on the Right side of Bright Road as shown on the Centerline Plat for Emerald Parkway - Phase 8 recorded in Plat Book , Page and being more particularly described as follows: COMMENCING at a Railroad Spike Found at the centerline intersection of Bright Road at station 39 +41.49 and the West line of Lot Number 11 and the East line of Lot Number 12 as located in Quarter Township 2 also being the Southeast corner of a 1.670 acre tract of lands conveyed to Michael E. Harber and Heather S. Harber as described in Instrument Number 199805270128307 and the Southwest corner of a 1.248 acre tract of lands conveyed to the City of Dublin as described in Instrument Number 200203190070647 and the Northeast corner of a 28.105 acre tract of lands conveyed to The Borror Corporation as described in Official Record 8775 F01 (1/2 interest) with the ownership named changed by affidavit to the Borror Realty Company as described in Official Record 26466 A15 and the Catholic Diocese of Columbus (1/2 interest) as described in Deed Book 2961, Page 661 and the Northwest corner of a 1.000 acre tract of lands conveyed to McKitrick Properties Inc as described in Official Record 11349 1701, also being 76.50 feet left of the centerline of proposed Emerald Parkway at station 220 +59.98; THENCE with the centerline of Bright Road, North 87 47' 57" East for a distance of 286.03 feet to a Railroad Spike Found at an angle point on the centerline of existing Bright Road at station 42 +27.52; THENCE continuing with the centerline of Bright Road, North 80° 19' 56" East for a distance of 174.96 feet to a Mag -Nail Set at the Northwest corner of a 3.300 acre tract of land conveyed to Adolph W. Maier and Ruth Maier as described in Official Record 04313 B01 and the Northeast corner of the 3.000 acre Iacovetta Properties lands being on the centerline of existing Bright Road at station 44 +02.48 and the TRUE POINT OF BEGINNING of the herein described parcel; THENCE continuing with the centerline of Bright Road and the North line of the 3.000 acre Iacovetta Properties lands, North 80 19' 56" East for a distance of 208.28 feet to a Mag -Nail Set on Northwest corner of a 3.978 acre tract of lands conveyed to McKitrick Properties, Inc as described in Official Record 12527 J16 and the Northeast corner of the 3.000 acre Iacovetta Properties lands on the centerline of existing Bright Road at station 46 +10.76, witness a Railroad Spike Found bearing North 80° 19'56" East at a distance of 119.92 feet; THENCE with the West line of the 3.978 acre McKitrick Properties lands and the East line of the 3.000 acre Iacovetta Properties lands, South 03° 08' 28" West for a distance of 33.48 feet to a Iron Pin Set on the proposed right -of -way of Bright Road, being 32.64 feet right of the centerline of existing Bright Road at station 46 +03.34; THENCE with the proposed right -of -way of Bright Road and through the 3.000 acre Iacovetta Properties lands, on a non - tangent curve to the left with an ARC LENGTH of 6.56 feet, a RADIUS of 1470.00 feet, a TANGENT LENGTH of 3.28 feet, a DELTA ANGLE of 00 15' 21", with a CHORD BEARING of South 78° 36' 10" West and a CHORD DISTANCE of FY14TRTT A PARCEL 13 -WD RIGHT OF WAY ACQUISITION FROM IACOVETTA PROPERTIES, LTD December 23, 2009 Page 2 of 3 6.56 feet to a Iron Pin Set on the proposed right -of -way of Bright Road, being 32.84 feet right of the centerline of existing Bright Road at station 45 +96.78; THENCE continuing with the proposed right -of -way of Bright Road and through the 3.000 acre Iacovetta Properties lands, South 78° 28' 29" West for a distance of 203.20 feet to a Iron Pin Set on the East line of the 3.300 acre Maier lands and the West line of the 3.000 acre Iacovetta Properties lands, being 39.43 feet right of the centerline of existing Bright Road at station 43 +93.69; THENCE with the East line of the 3.300 acre Maier lands and the West line of the 3.000 acre Iacovetta Properties lands, North 02 54' 22" East for a distance of 40.40 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.172 acres, including 0.084 acres in the present road occupied on Bright Road, lying within Franklin County Auditors parcel number 273 - 008606. All iron pins described as set are 5/8" x 30" rebar with a 2 1/2" aluminum cap stamped "LeRoy. 7664, Burgess & Niple" and shall be placed upon notification by the City of Dublin. This description was prepared by William C. LeRoy, P.S., Ohio License No. 7664 and is based on field surveys performed under the direction of Walter A. Dodson, P.S., Ohio License No. 6446 during October 2007 through December 2009 and upon available public records. The basis of bearings in the above described parcel are based on Grid North as obtained by RTK/GPS observations taken from Franklin County Engineer Monuments: Station FCGS 7772 and FCGS 7773, with a bearing of North 02° 34' 49" East, based on datum: Ohio State Plane South, NAD83(86 adjustment) and are for the determination of angles only. William C. LeRoy PS Ohio License No. 7664 Burgess and Niple E OF 0 WILLIAM LEROY s 7664 L Date EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L., QTR. TWP 2, LOT #11 -1GHr 13 -WD SEE SHf 3A 0 50 100 ADOLPH W. MAIER i � AND RUTH MAIER 4025 BRIGHT RD I �� O ( o PID: 273 - 008609 3.300 ACRES o 4 5 0 0 McKITRICK PROPERTIES, INC. 3865 BRIGHT ROAD PID: 273 - 008610 i O.R. 12527 J16 i 34.314 ACRES McKITRICK PROPERTIES, INC. 3865 BRIGHT ROAD PID: 273 - 008610 O.R. 12527 J16 34.314 ACRES EXHIBIT A STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN TWP 2 N, RG 19 W, U.S.M.L., QTR. TWP 2, LOT #11 I w P.0.B 44 +02.48 I Ex -a/' I 174. t NBO PTO 01. f N C14 I Ex_aM t Ex_a/'N BRIGHT ROAD 46+10.76 119.92 f und ) N 9r 1 LEGEND RRSF ® Monument Found 0 10' 20' 40' ®R Spike Found Op NAIL Found 10 PK NAIL SET ®p Drilled Hole Found o Iron Pin Found \\ 46 +03.34 0 /p Iron Pin Set -5/8" x 30" rebar set with 32.64' RT plastic I.D. cap: "LEROY 7664" L= 00'15'21 ( ) parenthesis indicates record dimension R= 1470.00' if different than measured. L =6.56' P.0.6 —Point Of Beginning C =6.56' CB= 578'36' 10 "W P.O.0 —Point Of Commencement 43 +93.69 ADOLPH W. MAIER 39.43' RT AND RUTH MAIER 4025 BRIGHT RD PID: 273 - 008609 3.300 ACRES 1 � � `x a � - (0.172 AC) 20 S76 IACOVETTA PROPERTIES LTD 3985 BRIGHT RD PID: 273- 008606 Inst. #199802170034496 3.000 ACRES E% 1 l -M N O (n 45 +96.78 32.84' RT McKITRICK PROPERTIES, INC. 3865 BRIGHT ROAD PID: 273 - 008610 O.R. 12527 J16 34.314 ACRES