Ordinance 017-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Forth No. 30043
20_
AN ORDINANCE AUTHORIZING THE CITY MANAGER T(
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRI
0.054 ACRES, MORE OR LESS, TEMPORARY EASEMENT FROh
PARCEL NUMBER 270 - 000401 AND 0.040 ACRES, MORE OE
LESS, TEMPORARY EASEMENT FROM PARCEL NUMBER 270
000399 FROM THOMAS A. MCDOWELL AND ALLEN E
MCDOWELL, TRUSTEE, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use pain
along Dublin Road (the "'Project'j; and
Ordinance No.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 7 of the elected members concurring that:
17 -14
Passed
WHEREAS, said project requires that the City obtain certain property interest within
Franklin County Parcel No. 270 - 000401, being a part of Lot 5 LEPPERT SUBDIVISION,
and Franklin County Parcel No. 270 - 000399, being a part of Lot 3 LEPPERT
SUBDIVISION, owned by Thomas A. McDowell and Allen E. McDowell, Trustee (the
"Grantors "), said property interest more fully described in the Exhibits labeled "A" and
depicted in the Exhibits labeled "B," all attached hereto; and
WHEREAS, the City and the Grantors participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the necessary property
interest for the sum of One Thousand One Hundred Twenty Six Dollars ($1,126); and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantors.
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire 0.054 acres, more or less, temporary
easement and 0.040 acres, more or less, temporary easement for two (2) years,
commencing on the date construction begins, from Thomas A. McDowell and Allen E.
McDowell, Trustee, for the sum of One Thousand One Hundred Twenty Six Dollars
($1,126), said property interest located within Franklin County Parcel No. 270 - 000401
and Franklin County Parcel No. 270 - 000399, and as more fully described and
depicted in the attached Exhibits "A" and "B."
Section 2. This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety or welfare, and for the
further reason that obtaining the property interests is necessary for the advancement
of this project. The ordinance shall therefore take effect immediately upon passage.
Passed this JqH7 day of 2014.
- 1,)-�
ayor — Presiding Offlcer
ATTEST:
I
Clerk gCouncil
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager.
Date: March 20, 2014
Initiated By: Sara Ott, Sr. Project Manager
Memo
Re: Ordinance 17 -14 - Authorizing the City Manager to Execute Necessary
Conveyance Documents to Acquire 0.054 Acres, More or Less, Temporary
Easement from Parcel Number 270 - 000401 and 0.040 Acres, More or Less,
Temporary Easement from Parcel Number 270 - 000399 from Thomas A.
McDowell and Allen E. McDowell, Trustee
Background
The City of Dublin ( "City ") is preparing to construct a shared use path on the western side of
Dublin Road between Rings Road and Waterford Drive (the "Project "). The City must obtain
property interests from various landowners located within the City in order to construct this
project. The City presented offers based upon a calculated value to each of these landowners.
The City must obtain properly interests for the construction of the Project from Thomas A.
McDowell and Allen E. McDowell (the "Grantor "). After engaging in amicable negotiations, the City
has come to an agreement with the Grantor to acquire these necessary property interests pursuant
to the terms outlined in this memorandum.
Acquisition
The City will be acquiring from the Grantor only those property interests necessary for the
construction of the Project as depicted in the legal descriptions and maps attached to this
memorandum. The City will be acquiring these property interests for their estimated value. The
acquisition is detailed below:
Property Interest Acquiring
Description
Estimated Value
Temporary Construction and
0.054 Acres
$647
Grading Easement
Temporary Construction and
0.040 Acres
$479
Grading Easement
Total
$ 1,126
Estimation Calculations
The process used to estimate the value of the temporary easement area is very similar to that
used in the appraisals commissioned by the City for permanent easements.
Memo re. Ordinance 17 -14 - Dublin Road South — McDowell Easements
March 20, 2014
Page 2 of 2
A square foot land value is established for the lot based upon comparable properties identified in
appraisals commissioned for permanent easements in the same project.
The square footage land value is then multiplied by the square footage of area disturbed by the
project. This value is multiplied by 10 %, in recognition of the temporary nature of the easement's
purpose. Finally, if any planting beds or trees are removed, a value is calculated for these
elements and added to the land value.
Recommendation
Ordinance 17 -14 would authorize the City Manager to execute all necessary conveyance
documentation to formally acquire the necessary property interests described above.
Staff recommends approval of Ordinance 17 -14 at the second reading /public hearing on April 14 as
obtaining the property interests is necessary for the furtherance of this project.
EXHIBIT A
loft
CIP 08-M
PARCEL 23 -T
PROJECT' DUBLIN MUP
Vasion Daze 05/18/12
PARCEL 23 -T
DUBLIN ROAD SOUTH MULTI -USE PATH
TEMPORARY EASEMENT
TO PERFORM MINOR GRADING
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of Lot 5 LEPPERT SUBDIVISION as recorded in Plat Book
27, Page 13, as conveyed to Thomas A. McDowell and Allen E. McDowell, Trustees, by deed of
record in Deed Book 2711, Page 670, and Deed Book 2384, Page 1, records of the Recorder's
Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the southeast corner of said Lot 5 in the existing westerly right -of -way line
of Dublin Road, being 40.00 feet left of centerline station 146+12.39;
Thence North 87 deg. 35 min. 25 sec. West, a distance of 15.02 feet along the southerly
line of said Lot 5 to a point being 55.00 feet left of centerline station 146 +11.60;
Thence North 05 deg. 26 min. 35 sec. East, a distance of 157.00 feet across said Lot 5 to
a point in the northerly line of said Lot 5, being 55.00 feet left of centerline station 147+68.60;
Thence South 87 deg. 35 min. 25 sec. East, a distance of 15.02 feet, along the northerly
line of said Lot 5, to the northeast corner of said Lot 5 in the existing westerly right -of -way line
of Dublin Road, being 40.00 feet left of centerline station 147+69.39;
Thence South 05 deg. 26 min. 35 sec. West, a distance of 157.00 feet, along the northerly
line of said Lot 5, and along the existing westerly right -of -way line of Dublin Road to the Point
of Beginning, containing 0.054 acres, more or less.
Of the above described area, 0.054 acres are contained within Franklin County Auditor's
Parcel 270- 000401.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control
Monuments "FRANK 73" and "FCGS 6642 RESET".
This description was prepared by Steven E. Rader, registered surveyor 7191, and is based
upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc.,
under the direction of said surveyor.
Grantor claims title by the instrument of record in Deed Book 2711, Page 670, and Deed
Book 2384, Page 1, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
OF
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STANTEC CONSULTING SERVICES, INC.
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Registered Surveyor No. 7191 Date
•• PORTION OF THE PROPOSED EASEMENT
LYING WITHIN AN EXISTING EASEMENT
EXHIBIT B
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LEPPERT
LOT 6
SUBDIVISION
LOT 4
P.B. 27, PG. 13
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LOT 5
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ALLEN E. McDOWELL, TRUSTEE
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270- 000401
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D.B. 2384, PG. 01
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D.B. 2711, PG. 670
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22
24
23 0.054 ACRES
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( ** 0.018 ACRES)
146+11.60
147 +68.60
55.00' LT.
55.00' LT
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TEMP. ESMT. L2
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a ESMT
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EX. ESMT.
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EX. R/W
L4
EX. R/W
146+ 12.39
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40.00' LT. POINT
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40. 0 LT.
x BEGINNING
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146 +00
147 +00
148 +00
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DUBLIN ROAD
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EX. R/
MONUMENT LEGEND
PARCEL 23 -T
NUMBER DIRECTION DISTANCE
Or R.R.S. FOUND
DUBLIN ROAD SOUTH
L1 N 87'35'25" W 15.02'
O REBAR FOUND
MULTI -USE PATH
L2 N 05'26'35" E 157.00'
O IRON PIN FOUND WASHINGTON TWP., FRANKLIN COUNTY, OHIO
a L3 S 8735'25" E 15.02'
® MONUMENT BOX
0 40 6o
L4 S 05'26'35" W 157.00'
• 3/4" IRON PIN SET
SCALE IN FEET
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Prepared By
BASIS OF BEARINGS
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Stantec Consulting Services, Inc.
THE PROJECT BEARING DATUM IS BASED UPON STATE ,� ~ STEVEN % 0
1500 Lake Shore Drive, Suite 100
WE GRID BEARINGS FROM THE OHIO COORDINATE
8 PLANE
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Columbus, Ohio 43204
R SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
� 1 RADER i� t
Phone: (614) 486 - 4383
g USING G.P.S. METHODS THROUGH THE FRANKLIN
INEER'S STATIONS "FRANK 73 ", AND
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6642
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Registered Surwyor /7191 Date
EXHIBIT A
loft
CIP 08 -009
PARCEL 25 -T
PROJECT DUBLIN MUP
Vaaiai Date 05/18/12
PARCEL 25-T
DUBLIN ROAD SOUTH MULTI -USE PATH
TEMPORARY EASEMENT
TO PERFORM MINOR GRADING
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of Lot 3 LEPPERT SUBDIVISION as recorded in Plat Book
27, Page 13, as conveyed to Thomas A. McDowell and Allen E. McDowell, Trustees, by deed of
record in Deed Book 2711, Page 670, and Deed Book 2243, Page 674, records of the Recorder's
Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin found marking the southeast comer of said Lot 3 in the existing
westerly right -of -way line of Dublin Road, being 40.00 feet left of centerline station 149 +26.39;
Thence North 87 deg. 35 min. 25 sec. West, a distance of 12.02 feet along the southerly
line of said Lot 3 to a point being 52.00 feet left of centerline station 149 +25.76;
Thence North 05 deg. 26 min. 35 sec. East, a distance of 152.63 feet across said Lot 3 to
a point of non - tangent curvature in the northeasterly line of said Lot 3, and in the existing
southerly right -of -way line of Marilea Drive, being 55.00 feet left of centerline station
150+78.39;
Thence along the arc of a curve to the right for 25.60 feet, along the northeasterly line of
said Lot 3, and along the existing southerly right -of -way line of Marilee Drive, having a radius of
25.00 feet, a central angle of 58 deg. 40 min. 04 sec., a chord bearing of South 23 deg. 53 min.
27 sec. East, a chord distance of 24.49 feet , to the northeast comer of said Lot 3 in the existing
westerly right -of -way line of Dublin Road, being 40.00 feet left of centerline station 150+57.03;
Thence South 05 deg. 26 min. 35 sec. West, a distance of 130.64 feet, along the northerly
line of said Lot 3, and along the existing westerly right -of -way line of Dublin Road to the Point
of Beginning, containing 0.040 acres, more or less.
Of the above described area, 0.040 acres are contained within Franklin County Auditor's
Parcel 270- 000399.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control
Monuments "FRANK 73" and "FCGS 6642 RESET".
This description was prepared by Steven E. Rader, registered surveyor 7191, and is based
upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc.,
under the direction of said surveyor.
Grantor claims title by the instrument of record in Deed Book 2711, Page 670, and Deed
Book 2243, Page 674, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
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STANTEC CONSULTING SERVICES, INC.
Registered Surveyor No. 71911 Date
•" PORTION OF THE PROPOSED EASEMENT EXHIBIT B
LYING WITHIN AN EXISTING EASEMENT MONUMENT LEGEND
.CT R.R.S. FOUND
0 REBAR FOUND
O IRON PIN FOUND
®.{( ® MONUMENT BOX
• 3/4" IRON PIN SET
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LOT 4 LEPPERT U o7
SUBDIVISION
P.B. 27, PG. 13 I o
LOT 3 0 0
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25 THOMAS A. McDOWELL &
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270 - 000399
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24
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_ 0.040 ACRES �
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149 +25.76 150 +78.39 { {
52.00' LT. 52.00' LT. I I {
TEMP. ESMT. L2 \
EX. E SMT. \`
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R/W I.P.F.
EX. L C1
149+26.39 C EX. ESMT. L
40.00' LT POINT Of
BEGINNING 150 +57.03
149 +00 150 +00 40.00' LT 151+00
N 05'26'35— DUBLIN I ROAD ORIG. TANGENTT C/L
EX. R/W
NUMBER DELTA ANG. IRADIUS I ARC LEN CHORD DIRECTION CHORD
C1 58'40'04" 25.00' 25.60' IS 23 E 24.49'
NUMBER
DIRECTION
DISTANCE
L1
N 87'35'25" W
12.02'
L2
N 05'26'35" E
152.63'
L3
S 05'26'35" W
130.64'
PARCEL 25 —T
DUBLIN ROAD SOUTH
MULTI —USE PATH
WASHINGTON TWP., FRANKLIN COUNTY, OHIO
0 40 so
SCALE IN FEET
Prepared By
'
BASIS OF BEARINGS �, P F ' °y
THE PROJECT BEARING DATUM IS BASED UPON STATE ~:' STEVEN ;' m 1500 Lak C e Sh ore Drive, Suite 1 100
00
ting Servi Inc.
•
PLANE GRID BEARINGS FROM THE OHIO COORDINATE p E. s :
O 7500 Lak Columbus, Ohio 43204
SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED ; p: RARER 90 Phone: (614) 486 - 4383
COUNTY ENGI EER 5 METHO STATIONS "FRANK F RANK L IN 733', AND ? �'^t: v 9 aF.o �
"FCGS 6642 RESET ". as''•S: �• "J�,�'� /Ate✓ /?+
S ON A1. S d��
egistered Surveyor 17191 Date