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Ordinance 50-12RECORD OF ORDINANCES Inc. Ordinance No 50 -12 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.004 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION AND GRADING EASEMENT AND A 0.010 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION AND GRADING EASEMENT FROM JOSEPH A. CARTOLANO AND DIANE M. CARTOLANO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin ( "City") is preparing to construct a shared -use path on Martin Road ( "Project "); and WHEREAS, said project requires that the City obtain certain property interests in Franklin County parcel no. 273 - 008365, owned by Joseph A. and Diane M. Cartolano (collectively, the "Owner "); and WHEREAS, the Owner is willing to dedicate the property interests in Franklin County parcel no. 273 - 008365 to the City as set forth in the legal descriptions attached hereto, and the City is willing to accept said dedication. 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 documentation necessary to accept the dedication of an approximate 0.004 acres, more or less, temporary construction and grading easement, and a 0.010 acres, more or less, temporary construction and grading easement from the Owner, as set forth in the legal descriptions attached herewith. Section 2 . This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is the construction of this shared -use path is necessary to keep cyclists and pedestrians from traversing on Martin Road whereby health and safety of cyclists and pedestrians is at risk. Therefore, this ordinance shall go into immediate effect upon passage. Passed this 9_t day of 2012. 7/� ,� Mayor - P es ing Officer ATTEST: Clerk of Council Passed Office of the City Manager City of Dublin Pho 614-410 Fax:b614 -0410 -4490 1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager�- Date: August 2, 2011 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Memo Re: Ordinance No. 50 -12 - Joseph A. Cartolano and Diane M. Cartolano Martin Road Shared -Use Path — Donation of Easements Background The City of Dublin (City') is preparing to construct the Martin Road Shared -Use Path ( "Project's along the north side of Martin Road from the existing path located on the Stanley Law Offices property (west end of Project) to the Martin Commons Park path (east end of Project). In locations where the path is not located within the existing right -of -way of Martin Road, the path will be located within areas owned by adjacent landowners. As a result, the City must acquire certain property interests from those owners in order to construct this project. After engaging in amicable negotiations, Joseph A. Cartolano and Diane M. Cartolano, owning property located at 3390 Martin Road, have agreed to donate to the City the necessary Temporary Construction and Grading Easements ("Temporary Easements'. Summary The Cartolanos are donating to the City the following property interests located within Franklin County parcel no. 273- 008365, as depicted on the attached descriptions and exhibits, as follows: • Parcel No. 273 - 008365: 0.004 acres Temporary Easement and 0.010 acres Temporary Easement Ordinance No. 50 -12 would allow the City Manager to execute all necessary conveyance documentation to formally accept the donation of the aforementioned property interests in the form of temporary easements. Recommendation Staff recommends approval of Ordinance No. 50 -12 on August 8, 2012, dispensing with the public hearing and declaring an emergency, as obtaining the property interests described herein is necessary for the furtherance of the construction of the Martin Road Shared -Use Path, for which bids were opened on July 27, 2012. Furthermore, staff recommends a letter of appreciation be sent to the Cartolanos expressing the City's gratitude for this donation of easements. DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FROM JOSEPH A. CARTOLANO AND DIANE M. CARTOLANO CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Lot 11, 3' Quarter, Township 2, Range 19 West, United States Military Lands, and being a part of that 1.118 acre tract described in a deed to Joseph A. Cartolano and Diane M. Cartolano, of record in Instrument Number 200706080100606, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being more particularly bounded and described as follows: Commencing for reference at the southwest corner of said 1.118 acre tract, being the southeast corner of 4.230 acre tract described in a deed to Four Fives L-C, of record in Instrument Number 200610060200990; Thence North 01 degree 17 minutes 13 seconds East, along the west line of said 1.118 acre tract, along the east line of said 4.230 acre tract, a distance of 45.04 feet to a point on the existing north right -of -way line for Martin Road, said point being the TRUE POINT OF BEGINNING for the herein described temporary construction easement; Thence North 01 degree 17 minutes 13 seconds East, continuing along the west line of said 1.118 acre tract and the east line of said 4.230 acre tract, a distance of 25.00 feet to a point; Thence South 29 degrees 01 minutes 44 seconds East, across said 1.118 acre tract, a distance of 29.69 feet to a point on the existing north right -of -way line for said Martin Road; Thence North 86 degrees 18 minutes 14 seconds West, continuing across said 1.118 acre tract, along the existing north right -of -way line for said Martin Road, a distance of 15.00 feet to the TRUE POINT OF BEGINNING for the herein described temporary construction easement. The above described temporary construction easement contains a total area of 0.004 acres (187 square feet) within Franklin County Auditor's tax parcel number 273 - 008365. Bearings described herein are based on the bearing of North 02 degrees 47 minutes 15 seconds East for the centerline of Martin Place, as shown on the Colony Estates plat, of record in Plat Book 38, page 16. The above described temporary construction easement was prepared and review on July 10, 2012 by Brian P. Bingham, Registered Professional Surveyor No. 8438, is based on an actual field survey performed in June 2012 by American Structurepoint, Inc., and is true and correct to the best of my knowledge. American Structurepoint, Inc. /�_ .✓ f // t BRIIW P. _ 7 n orz rian Pm — GINGHAM ' ¢ : Date 9 : . Registered Professional Surveyor No. 8438 0 '• gFOi3TEPr`p•J �''., SvQc• Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Lot 11, 3rd Quarter, Township 2, Range 19 West, United States Military Lands, and being a part of that 1.118 acre tract described in a deed to Joseph A. Cartolano and Diane M. Cartolano, of record in Instrument Number 200706080100606, all records referenced herein are on file at the Office of the Recorder of Franklin County, Ohio. 273- 008325 Four Fives LLC inet Na. 200610060200990 4.230 Agree 6300 River" Drive 0 10' 20' SCALE: 1' =20' ' \ 7 {roIo• \ 4 N °• ?� C e� Of E, \ r \ � \ 0,107 Bbrh �7 \ \ N01*17'13 ° E \ 25.00' EX. R^ -- -- — 273 - 008365 Joseph A. Cartolano and Diane M. Cartolano Inst. No. 20070608010060 1.118 Acres 3390 Martin Road S29'07'44'E 29.69' 8'14' T W EX. R/w POINT OF BEGINNING MIS `15.00\ �o r ui _MAR Nt ROAD Z a POINT OF REFERENCE - '---�- SW Comer pp 1.118 A. Tract Temporary Construction Easement Area Gross Area: 0.004 Ac. (187 SF) Bab of B"Irk" Bearings shown hereon are based on the bearing of North 02 degrees 47 minutes 15 seconds East for the centerline of Martin Place, as shown on the Colony Estates plat, of record in Plat Book 38, page 16. based on Th actual field survey of the construction prem premises performed in s June 2012 by -V 4 .1 t O an ' American Structurepoint, Inc. and is true and correct to the best =.` BPoANP of my knowledge. t BINGFIAM American Structurepoint, Inc. .0 8438 IS BF �� non P. Bingham Date nnntt Registered Professional Surveyor No. 8438 70WORMY CONSTRUCT /ON E4SEM9V T 2,650 CORPORATE EXCHANGE DRIVE DATE: 07.10.2012 3HEET N0. AMERICANN �r SUITE 300 SMUV r� T TEL 614.901.2235 FAX 614.901.2236 I MAM BY: 6P9 1 of INC vrvre.struclunpoirRO°m 1 JOB N0. 20120136 >_"�l DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FROM JOSEPH A. CARTOLANO AND DIANE M. CARTOLANO CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, being located In Lot 11, 3` Quarter, Township 2, Range 19 West, United States Military Lands, and being a part of that 1.118 acre tract described in a deed to Joseph A. Cartolano and Diane M. Cartolano, of record in Instrument Number 200706080100606, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being more particularly bounded and described as follows: Commencing for reference at the southwest comer of said 1.118 acre tract, being the southeast corner of 4.230 acre tract described in a deed to Four Fives LLC, of record In Instrument Number 200610060200990; Thence North 01 degree 17 minutes 13 seconds East, along the west line of said 1.118 acre tract, along the east line of said 4.230 acre tract, a distance of 45.04 feet to a point on the existing north right -of- way line for Martin Road; Thence across said 1.118 acre tract along the following five (5) described courses: 1. South 86 degrees 18 minutes 14 seconds East, along the existing north right -of -way line for said Martin Road, a distance of 87.05 feet to the TRUE POINT OF BEGINNING for the herein described temporary construction easement 2. North 03 degrees 41 seconds 46 East, along a line perpendicular from the previous course, a distance of 15.00 feet to a point; 3. South 86 degrees 18 minutes 14 seconds East, along a line parallel to and 15.00 feet northerly from the existing north right -of -way line for said Martin Road, a distance of 30.00 feet to a polm; 4. South 03 degrees 41 minutes 46 seconds West, along a line perpendicular from the previous course, a distance of 15.00 feet to a point on the existing north right -of -way line for said Martin Road; 5. North 86 degrees 18 minutes 14 seconds West, along the existing north right -of -way line for said Martin Road, a distance of 30.00 feet to the TRUE POINT OF BEGINNING for the herein described temporary construction easement The above described temporary construction easement contains a total area of 0.010 acres 1450 square feet) within Franklin County Auditor's tax parcel number 273 - 008365. Bearings described herein are based on the bearing of North 02 degrees 47 minutes 15 seconds East for the centerime of Martin Place, as shown on the Colony Estates plat, of record in Plat Book 38, page 16. The above described temporary construction easement was prepared and review on July 10, 2012 by Brian P. Bingham, Registered Professional Surveyor No. 8438, is based on an actual field survey performed in June 2012 by American Structurepoint, Inc, and is true and correct to the best of my knowledge. •• ptlupb, American Structurepoint, Inc BYGn P. dinghy Registered Professional Surveyor No. 8438 ,, • BRIAN P. •o BINGHAM _ Date y •, 8438 : 4 O �CS`' -9F GtSTE ?�c • �� S `� ,1 0NA ,SVQ,��� Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Lot 11, 3rd Quarter, Township 2, Range 19 West, United States Military Lands, and being a part of that 1.118 acre tract described in a deed to Joseph A. Cartolano and Diane M. Cartolano, of record in Instrument Number 200706080100606, all records referenced herein are on file at the Office of the Recorder of Franklin County, Ohio. 273- 008325 our Flw LLC Inst No. 0610060200990 4.230 Acres 0 Rlvsskle Drlw 0 10' 20' 273 - 008365 iiieNsiiiiiiiii Joseph A. Cortolano and SCALE: 1' -20• Diane M. Cortolono Inst. No. 200706080100606 1.118 Acres 3390 Martin Road S03'41'46 "W 15.00' NO3'41'46 "E 15.00' { _ ` _S 86'1 8 '1_4 "_E `E %. R/W N86'18'14•W w I r < r a POINT OF BEgNNING 0 z - - --- MARTIN ROAD � POINT OF REFERENCE orn SW Cs 1 =18 Au Trmt Temporary Construction Easement Area Gross Area: 0.010 Ac. (450 SF) Ba Of BOarYgs Bearings shown hereon are based on the bearing of North 02 degrees 47 minutes 15 seconds East for the centerline of Martin Place, as shown on the Colony Estates plat, of record in Plat Book 38, page 16. This exhibit of a temporary construction easement is based on �-_OFD �•••• an actual field survey of the premises performed in June 2012 by �`�yO........ Y/O American Structurepoint, Inc. and is true and correct to the best of my knowledge. BRIAN P.t BINGHAM American Structurepoint, Inc. ty: 8438 'a: rwn P Bing m Date Z ONAL Professional Surveyor No. 8438 TEMPORARY CONSTRUCTION EASEMENT 2550 CORPORATE EXCHANGE OWE DATE: 07.10.2012 SHEET N0. AMERICAN SUITE 300 STRUCTUREPOINT TEL 614.901.223 FAX 614.901.2236 DRAW BC BPS ' of INC www.stru=rspointmm 1 Joe Na. 201200336 DESC ntE EA50MMT CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN DIVISION OF ENGINEERING CITY OF DUBLIN 5800 Shier —Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)410 -4699 LEGEND PROPOSED TEN/ PORARY EASEMENT #1: 2 -T -1: 0.004 Ac. PROPOSED TEN4PORARY EASEMENT #2:12-T-2: 0.010 Ac. J_ d l/d J a EX /IN JOSEPH A. CARTOLANO DIRE M. CARTOLANO r Misr 2 T -2 EX MARTIN ROAD EX R/W � - EX R/W DRAWN CHECKED MSS - DATE: JOB NO. 08/01/12 10 -009 SCALE: 1" = 50' 50' 25' 0 50' 10- 009 -CIP MARTIN ROAD SHARED -USE PATH 3390 MARTIN ROAD PID 273 - 008365