Resolution 61-12RECORD OF RESOLUTIONS
Inc.. Form No. 3000.5
Resolution No.
61 -12
Passed 20
A RESOLUTION OF INTENT TO APPROPRIATE A 0.113 ACRES
(WITH 0.06 ACRES PRESENT ROAD OCCUPIED), MORE OR
LESS, FEE SIMPLE INTEREST FROM THE ASMAN LAND CO., LTD.
WHEREAS, the City of Dublin is preparing to construct the Emerald Parkway Phase 8
roadway improvement project; and
WHEREAS, this roadway project will require the City of Dublin to obtain a fee simple
interest with present road occupied property from Asman Land Co., LTD, as
described and depicted in the legal description attached hereto as Exhibit "A ", said
property interest located in the City of Dublin, County of Franklin, State of Ohio.
NOW, TH ORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring that:
Section 1. Council considers it necessary and declares its intention to appropriate,
for the purpose of constructing the Emerald Parkway Phase 8 roadway improvement
project, a 0.113 acre fee simple interest, with 0.06 acres present road occupied
property, as described and depicted in the attached Exhibit A, from Asman Land Co.,
LTD.
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owners and persons in possession
or having an interest of record in the property described in Exhibit A, and this notice
shall be served according to law.
Section 3. This Resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this z2 & 1� day of jLtabe� 2012.
Mayor - res ding Officer
ATTEST:
Clerk of Council
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: October 18, 2012
RE: Resolution No. 61 -12
Emerald Parkway Phase 8 Roadway Project
Asman Land Co., LTD.
PROJECT BACKGROUND:
The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway
improvement project (the "Project "). The City must obtain property interests from various
landowners located within the City in order to construct this Project.
One of the landowners that the City must obtain property from for the construction of the Project
is Asman Land Co., LTD. (the "Grantor "). After engaging in a lengthy period of negotiations
with the Grantor, it appears that the City may be forced to appropriate the needed property from
the Grantor.
The City is still hopeful that an amicable resolution can be reached with the Grantor, however,
this Resolution begins the eminent domain process in the event that negotiations are
unsuccessful.
PROPERTY TO BE APPROPRIATED:
The appropriation consists of the following property interests, as depicted in the map attached
hereto:
Franklin County Parcel No. 273 - 0008789
Parcel 18 -WD (Fee Simple) 0.113 f acres
(Present Road Occupied) (0.06 acres)
RECOMMENDATION:
The Law Department recommends approval of Resolution No. 61 -12 as the construction of the
Emerald Parkway Phase 8 roadway improvement project is necessary for public safety, and
approval of the Resolution will keep the Project moving forward.
EXHIBIT A
PARCEL 18 -WD
RIGHT OF WAY ACQUISITION
FROM
ASMAN LAND CO., 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 of Lot
Numbered 12 being further described as part of a 3.070 acre tract of lands conveyed to Asman
Land Co., LTD as described in Instrument Number 199901130009358 of the Franklin County
Recorder's Office and being a parcel of land lying on the Left 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 F01,
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, South 89° 50' 15" West for a distance of 198.72
feet to a Mag -Nail Set on the Southwest 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 Southeast corner of the 3.070 acre Asman Land Co., lands and the centerline of existing
Bright Road at station 37 +42.77 and the TRUE POINT OF BEGINNING of the herein
described parcel;
THENCE continuing with the centerline of Bright Road and with the South line of the Asman
Land Co. lands, South 89° 50' 15" West for a distance of 148.10 feet to a Mag -Nail Set on the
proposed right -of -way of Bright Road on the centerline of existing Bright Road at station
35+94.67;
THENCE with the proposed right -of -way of Bright Road and through the 3.070 acre Asman
Land Co. lands, North 00° 10' 45" West for a distance of 27.69 feet to a Iron Pin Set, being
27.69 feet left of the centerline of existing Bright Road at station 35 +94.66, passing the existing
right -of -way of Bright Road at a distance of 17.50 feet;
THENCE continuing with the proposed right -of -way of Bright Road and through the 3.070 acre
Asman Land Co. lands, North 89° 49' 15" East for a distance of 10.00 feet to a Iron Pin Set,
being 27.70 feet left of the centerline of existing Bright Road at station 36 +04.66;
THENCE continuing with the proposed right -of -way of Bright Road and through the 3.070 acre
Asman Land Co. lands, on a tangent curve to the left with an ARC LENGTH of 142.23 feet, a
RADIUS of 570.00 feet, a TANGENT LENGTH of 71.49 feet, a DELTA ANGLE of 14 17'
50 ", with a CHORD BEARING of North 82 40' 20" East and a CHORD DISTANCE of
141.87 feet to a Iron Pin Set on the West line of the 1.670 acre Harber lands and the East line of
EXHIBIT A
PARCEL 18 -WD
RIGHT OF WAY ACQUISITION
FROM
ASMAN LAND CO., LTD
December 23, 2009
Page 2 of 3
the 3.070 acre Asman Land Co. lands, being 45.39 feet left of the centerline of existing Bright
Road at station 37 +45.42;
THENCE with the West line of the 1.670 acre Harber lands and the East line of the 3.070 acre
Asman Land Co. lands, South 03 10' 54" West for a distance of 45.47 feet BACK TO THE
TRUE POINT OF BEGINNING, passing the existing right -of -way of Bright Road at a
distance of 27.94 feet, also passing a 5/8" Iron Pin Found w/ I.D. cap ( #7616) at a distance of
13.44 feet.
The above described parcel contains 0.113 acres, including 0.060 acres in the present road
occupied on Bright Road, lying within Franklin County Auditors parcel number 273 - 008789.
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.
�4/9- /(-//" -
�r®
o
WILLIAM
C.
LEROY
.
7664
1P 0
3 - 4 -zo to
Date
William C. LeRoy PS
Ohio License No. 7664
Burgess and Niple
EXHIBIT A
State of Ohio, County of Franklin, City
T 2 N, R 19 W, USML,
l
JONATHAN L. LEFFLER
and VICKIE L. LEFFLER
4171 MACDUFF WAY
PID: 273 - 008883
THE
MICHAEL E. HARBER
HEATHER S. HARBER
riles 4136 BRIGHT RD
PID: 273 - 008413
I Inst. #199805270128307
0.534 ACRES
JEFFERY L. ASMAN
4158 BRIGHT RD
PID: 273 - 008756
2.279 ACRES
Inst
Qtr Twp 2,
of Dublin
Lot #12
JOHN WREATHALL
and ROSEMARY WREATHALL
4157 MACDUFF WAY
PID: 273- 008882
I
ASMAN LAND CO. LTD I
4150 BRIGHT RD
PID: 273- 008789 I
#199901130009358
3.070 ACRES I
18 -WD
D.116 ACRES
BRI TO D
MICHAEL E. HARBER
i HEATHER S. HARBER
4136 BRIGHT RD
a PID: 273 - 008679
I Inst. #199805270128307
1.760 ACRES
I
I
I
0 20 40 80
EXHIBIT A
State of Ohio, County of Franklin, City of Dublin
T 2 N, R 19 W, USML, Qtr Twp 2, Lot #12
I
I
JEFFERY L. ASMAN
4158 BRIGHT RD
PID: 273 - 008756
2.279 ACRES I
I
I
I
Ex -R /w
_ R OAD
Ex -R /W
THE ASMAN LAND CO. LTD
4150 BRIGHT RD
PID: 273- 008789
Inst. #199901130009358
3.070 ACRES
35 +94.66
-27.69
3 \ v- N89'49' 15 "E
10.00' 36 +04.66
a,
z N /
-
MICHAEL E. HARBER
HEATHER S. HARBER
4136 BRIGHT RD
PID: 273- 008679
Inst. #199805270128307
1.760 ACRES
I F(:F
3 7 +4
-45.39
P, = 14'17' 50"
R = 570.00'
L = 142.23'
C = 141.87'
CB = N82' 4
EX / Ex -R /W
o
S89'50'1 5"W
Ex -R /W Ex -R /W
35 +94.67
ON q
m
N
5 �
�Q L�
o�
W u1
0
N
® Monument Found D 10' 20' 40'
0,5 Railroad
Spike Found
®p NAIL
Found
10p� PK NAIL
SET
®,yN MAG —NAIL
s
SET
® /p, Iron Pin
Found
0 /p Iron Pin Set -5/8" x 30" rebar set with
plastic I.D. cap: "LEROY 7664"
( ) parenthesis indicates record dimension
if different than measured.
P.0.8 —Point Of Beginning
P.O.0 —Point Of Commencement
18 -WD
Ex
0.113 ACRES
(0.060 AC P.R.O.)
148.10'
Ex -R /w
P.0.B
37 +42.77
ON q
589 SO ">5 V 199.12
PTO RR5F AT P. O 0
City of Dublin
5800 Shier—Rings Road • Dublin, Ohio 43016 -1236
Phone (614)410 -4600 • Fax (614)410 -4699
LEGEND
PROPOSED RIGHT -OF -WAY
18 -WD: 0.113 Ac.
(PRO = 0.060 Ac.)
EMERALD PARKWAY
PHASE 8
4150 BRIGHT ROAD
DUBLIN, OHIO 43017
4150
BRIGHT
ROAD
4158
BRIGHT
ROAD
6
EX VV EX
-BRIGffT- ROAD
EX R/V EX R/V
DRAWN CHECKED DATE: IJOB NO.
MSS KBR 10/16/12 1 07 -008
SCALE: V _ 10w
sw ss 0 sw
M 1
4136
BRIGHT
ROAD
s
RN