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Ordinance 51-12RECORD OF ORDINANCES Ordinance No 51 -12 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE DEDICATION OF A 0.004 ACRES, MORE OR LESS, PERMANENT SHARED -USE PATH, DRAINAGE AND GRADING EASEMENT AND A 0.058 ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION AND GRADING EASEMENT FROM FOUR FIVES LLC, 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 - 008366, owned by Four Fives LLC the "Owner "); and WHEREAS, the Owner is willing to dedicate the property interests in Franklin County parcel no. 273 - 008325 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, _q__ 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, shared -use path, drainage and grading easement, and a 0.058 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 day of 2012. Mayor - Pr i ing Officer ATTEST: Clerk of Council Office of the City Manager 5200 Parkway - f c , ity of Dublin Phone: 614 - -4400 • Fax:b614 -0410 -4490 1090 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager \Zx\'- Date: August 2, 2011 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Re: Ordinance No. 51 -12 - Four Fives LLC (Stanley Law Offices) 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' 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, Four Fives LLC (Stanley Law Offices), owning property at 6300 Riverside Drive, has agreed to dedicate, as a donation, to the City the necessary Permanent Shared -Use Path, Drainage and Grading Easements ("Permanent Easement's and Temporary Construction and Grading Easements ("Temporary Easements'D. Summary Four Fives LLC is dedicating to the City the following property interests located within Franklin County parcel no. 273 - 008325, as depicted on the attached descriptions and exhibits, as follows: Parcel No. 273 - 008325: 0.004 acres Permanent Easement and 0.058 acres Temporary Easement Ordinance No. 51 -12 would allow the City Manager to execute all necessary conveyance documentation to formally accept the dedication of the aforementioned property interests in the form of permanent and temporary easements. Recommendation Staff recommends approval of Ordinance No. 51 -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 Four Fives LLC expressing the City's gratitude for this donation of easements. DESCRIPTION OF A PERMANENT MULTI -USE PATH EASEMENT FROM FOUR FIVES LLC QTY OF DUBUN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, being kxated in Lot 11, 3' Quarter, Township 2, Range 19 West, United States Military Lands, and being a part of that 4.230 acre tract described in a deed to four Fives LLC, of record in Instrument Number 200610060200990, 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 the Colony Estates subdivision, of record in Plat Book 38, page 16, said corner being the southeast comer of that 1.118 acre tract described in a deed to Joseph A. Cartolano and Diane M. Cartolano, of record in Instrument Number 200706080100606; Thence North 86 degrees 18 minutes 14 seconds West, along the south line of said 1.118 acre tract, a distance of 150.00 feet to the southwest comer of said 1.118 acre tract, being the southeast comer of said 4.230 acre tract; Thence North 01 degree 17 minutes 13 seconds East, along the east line of said 4.230 acre tract, along the west line of said 1.118 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 southeast comer of an existing 20 -foot wide bike path easement described in a deed to the City of Dublin, of record in Instrument Number 200707030116052, and said point being the TRUE POINT OF BEGINNING for the herein described permanent multi -use path easement, Thence across said 4.230 acre tract along the following three (3) described courses: 1. North 86 degrees 18 minutes 14 seconds West, along the existing north right -of -way line for said Martin Road, a distance of 24.00 feet to a point; 2. North 20 degrees 37 minutes 15 seconds West, a distance of 17.44 feet to a point on a southwest line of said existing 20 -foot wide bike path easement; 3. South 59 degrees 17 minutes 39 seconds Ent, along a southwest line of said existing 20 -foot wide bike path easement, a distance of 35.00 feet to the TRUE POINT OF BEGINNING for the herein described permanent muff -use path easement. The above described permanent multi -use path easement contains a total area of 0.004 acres (191 square feet) within Franklin County Auditor's tax parcel number 273.008325. 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 permanent multi -use path 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 Structurepolnt, Inc,KW,Qrue and correct to the best of my ••`� 0" knowledge. _ • tb OF n. •.. "• i American Structurepoint, Inc 7 BRIAN Is. •t 0 BINGHAM 8438 Brim Brim ►. Gingham gip'•, lt y 9F p: Qr37E ?� J" •: � Ro Wered Profenksmil Surveyor No . 8438 '.0 S • . Q• .• 'os�ONAL o AOR- A 5„0` get.t 0.00`k Ar•`^� DFCT10N VERIFIED Uk DEAF 2 D C. C. fJ.YGLf. P.L.. P.S. BY t� Cs) DATE l It � A O�s 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 4.230 acre tract described in a deed to Four Fives LLC, of record in Instrument Number 200610060200990, all records referenced herein are on file at the Office of the Recorder of Franklin County, Ohio. 273- 008325 Four Fives LLC Inst. No. 200610060200990 4.230 Acres 6300 Riverside Drive Pro posed Temp. Ease 20' i< \ ------ SCALE! 1'-20- I \ 1 \ f i� t r \ 273 -008385 I 'Yo or 44b \ Jw A.. arid \ ? oiry ry f Dime Cart ago Dime M. Cartdano neL No. \ OZ 0 s05s 2007060801100605 1.11a Acrin ? S591 7'39'E 3380 Martin Rood N20'37'15'W 35.00' T 17.44' Ex. — N86'18'14'W ____ y Ex R / W-/ 24.00 w POINT OF BEGINNING ��-� 1 o QI I j �. MARTIN ROAD z° a F- - POINT OF RFFFRENCF —I_– �_ SW E. 50.00' / ��Y Estates P.S. 38, P9 16 N86'18'14'W Multi —Use Path Easement Area Gross Area: 0.004 Ac. (191 SF) Ex. Ease. Overlap 0.0 Ac. (0.0 SF) Bade of BaarbW 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. OF This exhibit of a multi —use path easement is based on an actual ���y'�P •..... %p field survey of the premises performed in June 2012 by American •. Structurepoint, Inc. and is true and correct to the best of my BRIAN P. knowledge. _ BINGHAM 8436 American Structurepoint, Inc. ciao P. Bin a Date Registered Professional Surveyor No. 8438 MULT7- -USE PATH EASEMENT 2550 CORPORATE EXCHANGE DRIVE DAZE: 07.09.2x12 SHEET N0. AMERICAN SUITE 300 STRUCTUREPOW TEL 614.901.2235 FAX 654.901.22361 DRAW 6Y. BPB of ING www.strucslre mcorll 1 JOB W. 201200538 01 S SM. GSOENi DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FROM FOUR FIVES LLC CITY OF DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Lot 11, 3 rtl Quarter, Township 2, Range 19 West, United States Military Lands, and being a part of that 4.230 acre tract described in a deed to Four Fives LLC, of record in Instrument Number 200610060200990, 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 southeast corner of said 4.230 acre tract, being the southwest corner of that 1.118 acre tract described in a deed to Joseph A. Cartolano and Diane M. Cartolano, of record in Instrument Number 200706080100606; Thence North 01 degree 17 minutes 13 seconds East, along the east line of said 4.230 acre tract, along the west line of said 1.118 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 southeast comer of an existing 20 -foot wide bike path easement described in a deed to the City of Dublin, of record in Instrument Number 200707030116052, being the east corner of a proposed perpetual multi- use path easement, and said point being the TRUE POINT OF BEGINNING for the herein described temporary construction easement; Thence across said 4.230 acre tract along the following five (5) described courses: 1. North 59 degrees 17 minutes 39 seconds West, along a southwest line of said existing 20 -foot wide bike path easement and the northeast line of said proposed perpetual multi -use path easement, a distance of 35.00 feet to a point; 2. South 20 degrees 37 minutes 15 seconds East, along the west line of said proposed perpetual multi -use path easement, a distance of 17.44 feet to a point on the existing north right -of -way line for said Martin Road; 3. North 86 degrees 18 minutes 14 seconds West, along the existing north right-of-way line for said Martin Road, a distance of 36.00 feet to a point; 4. North 01 degree 17 minutes 13 seconds East, along a line parallel to and 60.00 feet westerly from the east property line of said 4.230 acre tract, a distance of 45.00 feet to a point; S. South 86 degrees IS minutes 14 seconds East, along a line parallel to and 45.00 feet northerly from the existing north right-of-way line for said Martin Road, a distance of 60.00 feet to a point on the east property line of said 4.230 acre tract, being the west property line of said 1.118 acre tract; Thence South 01 degree 17 minutes 13 seconds West, along the east property line of said 4.230 acre tract, along the west property line of said 1.118 acre tract, a distance of 45.00 feet to the TRUE POINT OF BEGINNING for the herein described temporary construction easement. Page 1 of 2 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT The above described temporary construction easement contains a total area of 0.058 acres (2,507 square feet) within Franklin County Auditors tax parcel number 273 - 008325, including 0.030 acres (1,317 square feet) which overlaps the existing 20 -foot wide bike path easement. 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. `o��su�n, nay American S[ructurepoint, Inc. _ BRIAN P. BINGHAM Brian P. Bingha �_,P a438 O: • O . Date Registered Professional Surveyor No. 8438 S F Ors7EPE•'� �i • rte 5 a Page 2 of 2 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 4.230 acre tract described in a deed to Four Fives LLC, of record in Instrument Number 200610060200990, all records referenced herein are on file at the Office of the Recorder of Franklin County, Ohio. 273 - 008325 Four Fives LLC Inst. No. 200610060200990 4.230 Acres 6300 Riverside Drive 0 10• 20• . 60.00' SCALE: r -zo• 273 - 008365 f{ 3: Joseph A. Cartdmo and S �� r Z0• M Dine 1. Cortalmo j��'M fOQ /g o Inst No. 200706080100608 z > a o / / x r / 3390 1. Mortin Road kri 4 — Jiw N Temporary Construction Easement Area Gross Area: 0.058 Ac. (2,507 SF) Ex. Ease. Overlap 0.030 Ac. (1317 SF) BOWS Of BOMYw 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 Plot Book 38, page 16. This exhibit of a temporary construction easement is based on `t �tEOF�y y � an actual field survey of the premises performed in June 2012 by American Structurepoint, Inc. and is true and correct to the best •611111iP t �� of my knowledge. Bii�l1AA American Structurepoint, Inc. ��t 8438 j p rian P. Bin Date hrrinn• Registered Professional Surveyor No. 8438 TEWORARY CONSTRUCTION EASEMENT 2550 CORPORATE EXCHANGE DRIVE DATE 07.10.2012 SHEET NO. AMERICAN SUITE 300 COLUMBU. OH STRUCTUREPOINT TEL614.901.2235 FAX654.901.22361 DRAW 9Y: BPB of INC. www.sauCWMixxnLoxn 1 .106 N0. 2012.00336 mec i - EASaQrr S2037 * 15 "E 35.00' 17.44' _ j —'___ EX. R/W N86'78'14*W 36.00' ______ Ex. Proposed Multi —Use Path Ease W POINT OF BEGINNING ^ a �o - - - - -__ MARTIN ROAD r ui z POINT OF REFERENCE SE Conner l\ 4.230 AC =root -- Temporary Construction Easement Area Gross Area: 0.058 Ac. (2,507 SF) Ex. Ease. Overlap 0.030 Ac. (1317 SF) BOWS Of BOMYw 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 Plot Book 38, page 16. This exhibit of a temporary construction easement is based on `t �tEOF�y y � an actual field survey of the premises performed in June 2012 by American Structurepoint, Inc. and is true and correct to the best •611111iP t �� of my knowledge. Bii�l1AA American Structurepoint, Inc. ��t 8438 j p rian P. Bin Date hrrinn• Registered Professional Surveyor No. 8438 TEWORARY CONSTRUCTION EASEMENT 2550 CORPORATE EXCHANGE DRIVE DATE 07.10.2012 SHEET NO. AMERICAN SUITE 300 COLUMBU. OH STRUCTUREPOINT TEL614.901.2235 FAX654.901.22361 DRAW 9Y: BPB of INC. www.sauCWMixxnLoxn 1 .106 N0. 2012.00336 mec i - EASaQrr CITY OF DUBLIN 10- 009 -CIP PREPARED BY THE CITY OF DUBLIN MARTIN ROAD SHARED -USE PATH DIVISION OF ENGINEERING 6300 RIVERSIDE DRIVE PID 273- 008325 5800 Shier lhngs Road • Dublin, Ohio 43016 -1236 Plane (614)410 -4600 9 Fax (614)410 -4699 LEGEND I PROPOSED PERMAr*T a EASEMENT 1-P: 0.004 Ac. Mgr PROPOSED TEnARY ;2 EASWENT 1�: T._ 58 Ac. L _ FOUR FIVES LLC JJ 4 h -° . MARTIN ROAD Im EX R ;W All YY y DRAWN CHECKED DATE: JOB NO. SCALE 1" = 50' MSS - 1 08/01/12 10 -009 50 25' 0 50'