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Ordinance 70-12RECORD OF ORDINANCES Da t� on Lesal 61ank Inc, 70-12 Ordinance No 20 Passed AN ORDINANCE AUTHORIZING THE APPROPRIATION OF 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 ( "City ") 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; 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, TORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Council hereby authorizes the City to appropriate, for the purpose of the Emerald Parkway Phase 8 roadway improvement project, a fee simple interest of an approximate 0.113 acres with 0.06 acres as present road occupied from the Asman Land Co., Ltd. Section 2. Council hereby fixes the value of the interests to be appropriated at Seven Thousand Six Hundred Sixty-Five Dollars ($7,665.00), 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 the Emerald Parkway Phase 8 roadway improvement project, 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 S. This ordinance shall take effect on the earliest date permitted under applicable law. Passed this fG 1 �t day of LJ eC (f 2012. � Mayor - Pe9ding O fficer ATTEST: Clerk of Council FAmmNA IOLl43 ICEMILL`TLLP LEGAL LOU NS EL 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. DATE: November 15, 2012 RE: Ordinance No. 70 -12 Emerald Parkway Phase 8 Project Asman Land Co., Ltd. — Parcel 18 -WD 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. The City presented good faith offers to each of these landowners in accordance with the Ohio Revised Code. One of the landowners that the City must obtain property interests from in order to construct the Project is Asman Land Co., Ltd. (collectively "Asman"). After engaging in negotiations with Asman, it appears that the City may be forced to appropriate the needed property from Asman. While the City remains hopeful that an amicable resolution can be reached with Asman, this Ordinance represents the next step inthe appropriation process. APPROPRIATION INTRODUCTION: This memorandum discusses the appropriation of a property interest owned by the Asman Land Co., Ltd. The City will be acquiring from Asman a fee simple interest in the property located within Franklin County Parcel No. 273- 008789, as depicted in the map attached to this memorandum. This is a partial take of 0.113 t acres (0.06 PRO acres) from a 2.72 acre lot being used as residential, single - family home. The acquisition is detailed below: PROPERTY TO BE APPROPRIATED: The appropriation consists of the following property interest, as depicted in the map attached hereto: Parcel No. 271008789 Property Interest Acreage Fee Simple Interest Present Road Occu ied 0.113 t acres 0,06 acres Total Appraised Cost 1 $7,665.00 Ordinance 70 -12 — Asman Appropriation November 15, 2012 Page 2 RECOMMENDATION: The Law Department recommends approval of Ordinance No. 70 -12 as obtaining this property interest is necessary for the furtherance of the Emerald Parkway Phase 8 roadway improvement proj ect. 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 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. x0 ", e `I o ir WILLIAM C. `_srya LEROY 7664 �0\ 3 - 4 /o William C. LeRoy PS Ohio License No. 7664 Burgess and Niple Date EXHIBIT A State of Ohio, County of Franklin, City T 2 N, R 19 W, USML, JONATHAN L. LEFFLER and VICKIE L. t_EFFLER 4171 MACDUFF WAY PID: 273 - 008883 JEFFERY L. ASMAN 4158 BRIGHT RD PID: 273 - 008756 2.279 ACRES P+n Qtr Twp 2, JOHN WREATHALL \ and ROSEMARY WREATHALL 4157 MACDUFF WAY y PID: 273 - 008882 MICHAEL E. HARBER HEATHER S. HARBER 4136 BRIGHT RD PID: 273 - 008413 I Inst. #199805270128307 0.534 ACRES THE ASMAN LAND CO. LTD 4150 BRIGHT RD PID: 273 - 008789 Inst. #199901130009358 3.070 ACRES 18 -WD 0.116 ACRES P -N BRIGHT ROAD MICHAEL E. HARBER HEATHER S. HARBER 4136 BRIGHT RD PID: 273 - 008679 Inst. #199805270128307 1.760 ACRES of Dublin Lot #12 P•N 1 A 0 20 40' 80 i' P+n Qtr Twp 2, JOHN WREATHALL \ and ROSEMARY WREATHALL 4157 MACDUFF WAY y PID: 273 - 008882 MICHAEL E. HARBER HEATHER S. HARBER 4136 BRIGHT RD PID: 273 - 008413 I Inst. #199805270128307 0.534 ACRES THE ASMAN LAND CO. LTD 4150 BRIGHT RD PID: 273 - 008789 Inst. #199901130009358 3.070 ACRES 18 -WD 0.116 ACRES P -N BRIGHT ROAD MICHAEL E. HARBER HEATHER S. HARBER 4136 BRIGHT RD PID: 273 - 008679 Inst. #199805270128307 1.760 ACRES of Dublin Lot #12 P•N 1 A 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 Ex -R /w _ R OAC EX -R /W 0.1 13 ACRES Ln (0.060 AC P.R.O.) S89'50' 15 "W 148.10' Ex -R /W EX -R /W EX -R/W 35 +94.67 PB ON CL 37 +42.77 ON q MICHAEL E. HARBER HEATHER S. HARBER 4136 BRIGHT RD PID: 273- 008679 Inst. #199805270128307 1.760 ACRES I I I 6 1 rn Q� 3: N d' U t\ o %� X - /W ui 0 U) I FrFNIn 0 Monument Found 0 10' 20' 40' OR Spike Found Op,,- NAIL Found O PK NAIL SET 04M1 MAG -NAIL SET s 0 /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.O.B -Point Of Beginning P.O.0 -Point Of Commencement 589 SO "15 V 19972 (70 RR51 A7 P O C) THE ASMAN LAND CO. LTD 4150 BRIGHT RD PID: 273- 008789 Inst. #199901130009358 3.070 ACRES 35 +94.66 -27.69 -3r. \ v- N89'49' 15 "E 10.00' 36 +04.66 ° ' rn -27.70 0 1 O Z N 37 +45.42 -45.39 = 14'17' R = 570.00' L = 142.2 C = 141.8 CB = NB2.4 18 -WD Ex -R /W