Ordinance 76-12RECORD OF ORDINANCES
Dayton Leg Blnnk.Inc
Ordinance No
76 -12
Form No. 30043
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY CONVEYANCE DOCUMENTATION
TO ACQUIRE 1.845 ACRES, MORE OR LESS, IN FEE
SIMPLE FOR RIGHT OF WAY AND .395 ACRES, MORE OR
LESS, IN EASEMENT FOR GENERAL UTILITIES FROM JOHN
W. MCKITRICK, AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin ( "City") is preparing to construct its Emerald
Parkway Phase 8 roadway construction project ("Project "); and
WHEREAS, the City must acquire right of way and general utility easement
from real estate owned by John W. McKitrick ( "McKitrick ") in order to
construct the Project; and
WHEREAS, the City and McKitrick participated in discussions for the
acquisition of 1.845 acres necessary for right of way and .395 acres necessary
for a general utility easement; and
WHEREAS, the City and McKitrick have come to mutually agreeable terms for
the acquisition of property owned by McKitrick; and
WHEREAS, the City desires to execute all necessary conveyance
documentation to complete the transaction between McKitrick and the City.
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 necessary
conveyance documentation to acquire 1.845 acres, more or less, in fee simple
for right of way and 0.395 acres, more or less, for a general utilities easement
from McKitrick, as depicted in the attached Exhibit "A ".
Section 2. McKitrick shall be compensated for the aforementioned property
interests in the amount of Two Hundred Four Thousand Two Hundred Fifty
Dollars ($204,250.00).
Section 3 . This ordinance is hereby declared to be an emergency necessary
for the immediate preservation of the public health, safety and welfare. The
acquisition of the property interests described herein is necessary to improve
traffic circulation and to address safety concerns for the citizens of Dublin. As
such, this ordinance shall go into immediate effect.
Passed this /49 day of A 2012.
May or '� . O fficer
ATTEST:
C d- _
Clerk of Council
CE M I L LE-RLLP
LEGAL COUNSEL
MEMORANDUM
TO: Dublin City Council
Marsha I. Grigsby, City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann
DATE: December 6, 2012
RE: Ordinance 76 -12
Emerald Parkway Phase 8
John W. McKitrick
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
contacted the landowners in order to gauge their respective interests in selling the needed
property interests to the City.
ACQUISITION INTRODUCTION:
The City has successfully negotiated a land sale transaction with John W. McKitrick
( "McKitrick "). The City will be acquiring right -of -way and a utility easement from McKitrick.
The map attached to this memorandum depicts those property interests needed for the Emerald
Parkway Phase 8 construction project. The parties agree to a purchase price of $204,250. The
City's property appraisal is $192,000. The settlement amount is approximately 6.4% above the
City's appraised value.
In total, the acquisition consists of the following property interests:
Property Interest Acquiring
ACRES
COST
1. Fee Simple
Parcel No. 273 - 008736
1.845
$ 184,495
1. Utility Easement
Parcel No. 273 - 008736
0.395
$ 19,755
TOTAL COMPENSATION
$ 204,250
Memo re. Ordinance 76 -12 — McKitrick Acquisition for Emerald Parkway Phase 8
December 6, 2012
Page Two
ACTION TO BE AUTHORIZED BY ORDINANCE:
Ordinance No. 76 -12 would allow the City Manager to execute all necessary conveyance
documentation to formally acquire the aforementioned property interests.
RECOMMENDATION:
Staff recommends that Council dispense with the public hearing and approve Ordinance No. 76-
12 by emergency at the December 10, 2012 Council meeting as the acquisition of these property
interests is necessary for the furtherance of the Emerald Parkway Phase 8 construction project.
EXHIBIT A
EXHIBIT A
PARCEL 8 -WD
RIGHT OF WAY ACQUISITION
FROM
JOHN W. McKITRICK
March 4, 2010
Page 1 of 4
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 18.029 acre tract of lands conveyed to John W.
McKitrick as described in Official Record 12018 I13 of the Franklin County Recorder's Office
and being a parcel of land lying on the Left and Right side of Emerald Parkway as shown on the
Centerline Plat of Emerald Parkway — Phase 8 in Plat Book , Page and being more
particularly described as follows:
COMMENCING at a Railroad Spike Set at the centerline intersection of Riverside Drive (SR
257); formerly known as Dublin- Prospect Road at station 29 +07.86 and Tuller Road station
10 +00.00;
THENCE with the centerline of Riverside Drive, North 09 32' 19" East for a distance of
553.57 feet to a Railroad Spike Set at the point of curvature for Riverside Drive at station
34 +61.43;
THENCE continuing with the centerline of Riverside Drive, on a curve to the Right having an
ARC LENGTH of 96.64 feet, a DELTA ANGLE of 01 °55'21 ", with a RADIUS of 2880.00
feet, and a CHORD BEARING of North 10 1 29'59" East for a CHORD DISTANCE of
96.63 feet to a Railroad Spike Set at the centerline intersection of Riverside Drive at station
35 +58.07 and the centerline of proposed Emerald Parkway at station 170 +71.53;
THENCE with the centerline of proposed Emerald Parkway, North 81° 11' 22" East for a
distance of 325.80 feet to the point of curvature on the centerline of proposed Emerald Parkway
at station 173 +97.33;
THENCE continuing with the centerline of proposed Emerald Parkway, on a tangent curve to
the Right with an ARC LENGTH of 2111.36 feet, a RADIUS of 9400.00 feet, a TANGENT
LENGTH of 1060.14 feet, a DELTA ANGLE of 12 52' 10 ", with a CHORD BEARING of
North 87 37' 26" East and a CHORD DISTANCE of 2106.93 feet to the centerline of
proposed Emerald Parkway at station 195 +08.68;
THENCE continuing with the centerline of proposed Emerald Parkway, South 85° 56' 29" East
for a distance of 196.06 feet to the East line of a 19.62 acre tract of lands conveyed to The Board
Of Education Of The Dublin Local School District as described in Official Record 12384 J12
and on the centerline of proposed Emerald Parkway at station 197 +04.75 and the TRUE POINT
OF BEGINNING of the herein described parcel;
THENCE with the East line of the 19.62 acre Board Of Education lands and the West line of the
18.029 acre McKitrick lands, North 03° 10' 13" East for a distance of 51.51 feet to a Iron Pin
Set on the proposed right -of -way line of Emerald Parkway, being 51.50 feet Left of the
centerline of proposed Emerald Parkway at station 197 +03.95, witness a Railroad Spike Found
on the centerline of Bright Road bearing North 03° 10' 13" East at a distance of 1396.79 feet;
THENCE with the proposed right -of -way line of Emerald Parkway and through the 18.029 acre
McKitrick lands, South 85° 56' 29" East for a distance of 125.39 feet to a Iron Pin Set at the
point of curvature of the proposed right -of -way line of Emerald Parkway, being 51.50 feet Left
of the centerline of proposed Emerald Parkway at station 198 +29.34;
EXHIBITA
EXHIBIT A
PARCEL 8 -WD
RIGHT OF WAY ACQUISITION
FROM
JOHN W. McKITRICK
March 4, 2010
Page 2 of 4
THENCE continuing with the proposed right -of -way line of Emerald Parkway and through the
18.029 acre McKitrick lands, on a tangent curve to the Left with an ARC LENGTH of 447.42
feet, a RADIUS of 1248.50 feet, a TANGENT LENGTH of 226.14 feet, a DELTA ANGLE
of 20° 31' 59 ", with a CHORD BEARING of North 83° 47' 32" East and a CHORD
DISTANCE of 445.03 feet to a Iron Pin Set on the east line of the 18.029 acre McKitrick lands
and the 28.105 acre tract of lands conveyed to Borror Realty Company as described in Official
Record 26466 A15 (1/2 interest) and conveyed to the Catholic Diocese of Columbus as described
in Deed Book 2961, Page 661 (1/2 interest), being 51.50 feet Left of the centerline of proposed
Emerald Parkway at station 202 +95.22, witness a Railroad Spike Found on the centerline of
Bright Road bearing North 03° 12' 17" East at a distance of 1304.97 feet;
THENCE with the East line of the 18.029 acre McKitrick lands and the West line of the 28.105
acre Borror Realty and Catholic Diocese lands, South 03° 12' 17" West for a distance of 201.44
feet to the North Limited Access Right of Way Line of Interstate 270 conveyed to the State of
Ohio as described in Deed Book 2810, page 567 and the Southwest corner of the 28.105 acre
Borror /Catholic Diocese lands and the Southeast corner of the 18.029 acre McKitrick lands,
being 139.77 feet Right of the centerline of proposed Emerald Parkway at station 202 +33.95,
passing the centerline of said proposed Emerald Parkway at a distance of 5 4.5 6 feet, witness a 1"
Iron Pipe Found bearing North 03° 12' 17" East at a distance of 1.84 feet, also witness a 1" Iron
Pipe Found capped (Bird & Bull) bearing South 07° 02' 47" East at a distance of 0.40 feet;
THENCE with the South line of the 18.029 acre McKitrick lands and the North Limited Access
Right of Way Line of Interstate 270, North 85° 55' 55" West for a distance of 564.41 feet to the
Southwest corner of the 18.029 acre McKitrick lands, being 70.51 feet Right of the centerline of
proposed Emerald Parkway at station 197 +05.84, witness a 3 /a" Iron Pipe Found bearing North
03° 10' 13" East at a distance of 0.20 feet;
THENCE with the West line of the 18.029 acre McKitrick lands North 03° 10' 13" East for a
distance of 70.52 feet BACK TO THE TRUE POINT OF BEGINNING.
The above described parcel contains 1.845 acres lying within Franklin County Auditors parcel
number 273 - 008736.
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.
EXHIBIT A
EXHIBIT A
PARCEL 8 -WD
RIGHT OF WAY ACQUISITION
FROM
JOHN W. McKITRICK
March 4, 2010
Page 3 of 4
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
WILLIAM �
I�.G
LE Y
7664
G / ,S T�
L J \\\o\O
5 4-2010
Date
EXHIBIT " A "
rc Dublin EMERALD PARKWAY -
PHASE 8
5800 Shier-Rings Road • Dublin, Ohio 43016 -1236 DUBLIN, OHIO 43017
Phone (614)410 -4600 • Fax (614)410 -4699
LEGEND
PROPOSED RIGHT -OF -WAY
Vd
8 -WD: 1.845 Ac. ,
AW
PROPOSED PERMANENT
GENERAL UTILITIES EASEMENT
8 -U: 0.395 Ac. 3
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THE BOARD
OF EDUCATION JOHN W. BORROR
OF THE DUBLIN McKITRICK REALTY
LOCAL SCHOOL COMPANY
DISTRICT // / McKITRICK
PROPERTIES
! 1 INC.
CITY OF
DUBLIN
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- _ 1 -270 U - "
DRAWN CHECKED DATE: I JOB N0. I SCME, ,. _ 4OW
MSS KBR 1 12/04/12 1 07 -008 0' 1W 200' +�