Ordinance 028-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
28 -14
Form N o.30 043
Passed 20
Ordinance No.
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF
A 0.029 ACRE, MORE OR LESS, PERMANENT EASEMENT;
AND A 0.029 ACRE, MORE OR LESS, TEMPORARY
EASEMENT FROM MOHAMMED GHIATH AMMAR AND
ESTER LEA AMMAR, FOR THE PROPERTY LOCATED AT
6143 DUBLIN ROAD FOR THE CONSTRUCTION OF A
MULTI -USE PATH AS PART OF THE DUBLIN ROAD SOUTH
PHASE 3 PROJECT, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path
along Dublin Road (the "Project'j; and
WHEREAS, Mohammed Ghiath Ammar and Ester Lea Ammar own the property with
the commonly known address of 6143 Dublin Road, parcel number 273 - 001408, said
property located in the City of Dublin, County of Delaware, State of Ohio; and
WHEREAS, said Project requires that the City obtain a permanent easement and a
temporary easement from Mohammed Ghiath Ammar and Ester Lea Ammar, as
described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all
attached hereto, said property interest located in the City of Dublin, County of
Franklin, State of Ohio.
NOW, THEREFORE, BE IT ORDAINED 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 authorization to
appropriate, for the purpose of installing a multi -use path, a permanent easement
and a temporary easement as described in the Exhibits labeled "A" and depicted in
the Exhibits labeled "B," all attached hereto.
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 day of 2014.
't yor — Presiding bfficer
' 1 "7�
Clerk of Council
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 �kL.—
Date: April 14, 2014
Initiated By: Sara Ott, Sr. Project Manager
Memo
Re: Ordinance 28 -14 — An Ordinance Authorizing the Appropriation of a 0.029 Acre,
More or Less, Permanent Easement, and a 0.029 Acre, More or Less, Temporary
Easement from Mohammed Ghiath Ammar and Ester Lea Ammar, for the Property
Located at 6143 Dublin Road for the Construction of a Multi -Use Path as Part of
the Dublin Road South Phase 3 Project.
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 appraisals to each of these landowners.
One of the landowners from whom the City must obtain property interests for the construction of
the Project is Mohammed Ghiath Ammar and Ester Lea Ammar (the "Grantor "). After multiple
attempts to engage in negotiations with the Grantor, it appears that the City may need 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
Ordinance directs our Law Department to file an eminent domain action.
PROPERTY TO BE APPROPRIATED
The appropriation consists of the following property interests, as depicted in the map attached
hereto:
Franklin County Parcel No. 273- 001408
Parcel 36
Permanent Easement 0.029 f acres
Temporary Easement 0.029 f acres
Recommendation
Staff recommends approval of Ordinance 28 -14 by emergency at its second reading /public hearing
on May 5 as obtaining the property interests is necessary for the furtherance of this project.
EXHIBIT A
1 oft
CIP 09-009
PARCEL 36-P
PROJECT DUBLIN MUP
version Date 11101/13
PARCEL 36-P
DUBLIN ROAD SOUTH MULTI -USE PATH
PERPETUAL EASEMENT
FOR UTILITIES, GRADING, and a MULTI -USE PATH
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of that 0.521 acre tract as conveyed to Mohammed Ghiath
Ammar and Ester Lea Ammar, by deed of record in Instrument Number 199912200311432,
records of the Recorder's Office, Franklin County, Ohio, and being more particularly described
as follows:
Beginning for Reference at the intersection of the centerline right -of -way of Marion
Street and Dublin Road; said point being at centerline station 164+98.15;
Thence North 20 deg. 43 min. 23 sec. East, a distance of 167.76 feet along the centerline
right -of -way of Dublin Road to an angle point, being at centerline station 166+65.91;
Thence North 19 deg. 40 min. 16 sec. East, a distance of 130.02 feet along the centerline
right -of -way of Dublin Road to the intersection of the easterly extension of the common line of
said Ammar 0.521 acre tract and the 0.524 acre tract conveyed to Frederick M. Coggin and
Judith W. Harvey by deed of record in Instrument Number 199904300109030; said point being
at centerline station 167 +95.92;
Thence North 82 deg. 15 min. 21 sec. West, a distance of 30.66 feet along the common
line (and it's easterly extension) of said Ammar 0.521 acre tract and said Coggin and Harvey
0.524 acre tract, to a point in the existing westerly right -of -way line of Dublin Road; said point
being 30.00 feet left of centerline station 167 +89.58, and being the Point of True Beginning of
the herein described easement;
Thence South 19 deg. 40 min. 16 see. West, a distance of 123.40 feet across said Ammar
0.521 acre tract, and along the existing westerly right -of -way line of Dublin Road, to an angle
point in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline
station 166+66.18 (ahead);
Thence South 20 deg. 43 min. 23 sec. West, a distance of 4.75 feet across said Ammar
0.521 acre tract, and along the existing westerly right -of -way line of Dublin Road, to a point in
the common line of said Ammar 0.521 acre tract and Lot 11 of the subdivision entitled SOUTH
CIVIC ADDITION, as recorded in Plat Book 22, Page 71, and conveyed to JC Land Company,
Ltd., by deed of record in Instrument Number 199904300108377; said point being 30.00 feet left
of centerline station 166+60.88;
Thence North 78 deg. 47 min. 37 sec. West, a distance of 10.14 feet along the common
line of said Ammar 0.521 acre tract and said Lot 11, to a point being 40.00 feet left of centerline
station 166 +59.20;
Thence North 20 deg. 43 min. 23 sec. East, a distance of 6.34 feet across said Ammar
0.521 acre tract to a point being 40.00 feet left of centerline station 166+66.27 (ahead);
Thence North 19 deg. 40 min. 16 sec. East, a distance of 121.20 feet across said Ammar
0.521 acre tract to a point in the common line of said Ammar 0.521 acre tract and said Coggin
and Harvey 0.524 acre tract; said point being 40.00 feet left of centerline station 167 +87.47;
EXHIBIT A
2 of2
CIP os-009
PARCEL 36-P
PROJECT DUBLIN MUP
Version Date 11:01 13
Thence South 82 deg. 15 min. 21 sec. East, a distance of 10.22 feet along the common
line of said Ammar 0.521 acre tract and said Coggin and Harvey 0.524 acre tract to the Point of
Beginning, containing 0.029 acres, more or less.
Of the above described area, 0.029 acres are contained within Franklin County Auditor's
Parcel 273- 001408.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), using the bearing of South 20 deg. 27 min. 34 sec. West, as derived 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 Instrument Number
199912200311432, of the Recorder's Office, Franklin County, Ohio.
A drawing
E OF
* r STEVEN : it
E.
RADER
.a •; 7191 s O
is attached hereto and made part thereof.
STANTEC CONSULTING SERVICES, INC.
egistered Surveyor No. 7191 Date
EXHIBIT B
MONUMENT LEGEND
Z R.R.S. FOUND
O REBAR FOUND
O IRON PIN FOUND
Q 911 MONUMENT BOX
• 3/4" IRON PIN SET
1
I
I �
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p o
I? V O
JO O W 't
Z Q o O MOHAMMED GHIATH AMMAR 0 3 v rn
S a I 36 do ESTER LEA AMMAR iE O < a'
o r 273 - 001408 0 � ° N
U a I 0.521 ACRES W ."t n
I.N. 199912200311432 N o
35
37
r` I
36 0.029 ACRES
Q rn —P
h W x X
166+59.20
o 0,61 40.00 LT.
to<a.-1
166 167 +87.47
40.00' PERM. ESMT. L5
+66.27 40.00' LT.
LT.
� L4
t, -A Z —
S ` — — L1 EX. R/W
T.A s a -4 166+60.88 G 166 +56.18 167 +89.58
30.00' LT. BEGIN FOR wo 30.00' LT.
+ `ad 30.00' LT REFERENCE a,
tza w at
1 8 +00
a — r DUBLIN ROAD N 19'40'16" E EP/L R/W
N 20'43'23" E 130.02' TENDED
167.76'
166 +65.91 167 +95.92
EX. R/
NUMBER DIRECTION DISTANCE
PARCEL 36 —P
L1 S 19'40'16" W 123.40'
DUBLIN ROAD SOUTH
L2 S 20'43'23" W 4.75'
MULTI —USE PATH
L3 N 7847'37" W 10.14'
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
L4 N 20'43'23" E 6.34'
��� 0 30 so
C OF O yz
�,`P , " y�O, SCALE IN FEET
"� �: Prepared By
BASIS OF BEARINGS * STEVEN "t * • 2
THE PROJECT BEARING DATUM IS BASED UPON E. Stantec Consulting Services, Inc.
STATE PLANE GRID BEARINGS FROM THE OHIO i 1500 Lake Shore Drive. Suite 100
COORDINATE SYSTEM, SOUTH ZONE, NAD 83 7191 t Columbus, Ohio 43204
(86), USING THE BEARING OF S 20'27'34" WS " ��� A " ,: 0 v� Phone: (614) 486 -4383
AS DERIVED FROM A GPS SURVEY OCCUPYING �Q18ri ••
FRANKLIN COUNTY ENGINEER'S STATIONS y �i ~��"�"" J� G(� /�
"FRANK 73', AND "FCGS 6642 RESET" I ��i, „ ����` yo y7797 /,/-4 Da te /
Registered Surveyor
N 19'40'16" E 121.20'
LS E
L6
S 8r15'21" E
10.22'
EXHIBIT A
1 or2
CIP 08-M
PARCEL 36-T
PROJECT DUBLIN MUP
Version Date 05/18/12
PARCEL 36-T
DUBLIN ROAD SOUTH MULTI -USE PATH
TEMPORARY EASEMENT
TO RECONSTRUCT A DRIVE
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of that 0.521 acre tract as conveyed to Mohammed Ghiath
Ammar and Ester Lea Ammar, by deed of record in instrument Number 199912200311432,
records of the Recorder's Office, Franklin County, Ohio, and being more particularly described
as follows:
Beginning for Reference at the intersection of the southerly line of said Ammar 0.521
acre tract with the existing westerly right -of -way line of Dublin Road, and being the
northeasterly comer of Lot 11 of the South Civic Addition of record in Plat Book 22, Page 71,
and being 30.00 feet left of centerline station 166+60.88;
Thence North 78 deg. 47 min. 37 sec. West, a distance of 10.14 feet along the common
line of said Ammar 0.521 acre tract and said Lot 11, to the Point of True Beginning of the
herein described parcel, being 40.00 feet left of centerline station 166 +59.20;
Thence North 78 deg. 47 min. 37 sec. West, a distance of 30.21 feet along the common
line of said Ammar 0.521 acre tract and said Lot 11, to a point being 69.80 feet left of centerline
station 166 +54.21;
Thence the following four (4) courses and distances across said Ammar 0.521 acre tract;
1. Thence North 19 deg. 40 min. 16 sec. East, a distance of 44.51 feet to a point being
70.00 feet left of centerline station 167+00.00;
2. Thence South 70 deg. 19 min. 44 sec. East, a distance of 30.00 feet to a point being
40.00 feet left of centerline station 167+00.00;
3. Thence South 19 deg. 40 min. 16 sec. West, a distance of 33.73 feet to a point being
40.00 feet left of centerline station 166+66.27;
4. Thence South 20 deg. 43 min. 23 sec. West, a distance of 6.34 feet to the Point of
True Beginning, containing 0.029 acres, more or less.
EXHIBIT A
2 of
CIP 09-009
PARCEL 36-T
PROJECT DUBLIN MUP
Vasiao Date 05/19112
Of the above described area, 0.029 acres are contained within Franklin County Auditor's
Parcel 273 - 001408.
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 "FOGS 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 Instrument Number
199912200311432, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
,o E STANTEC CONSULTING SERVICES, INC.
* STEVEN • /O * s _ �+— S�ZZ
_ Rqp' _ Registered Surveyor No. 7191 Date
oO 7191 �O. � O� .
',-Z/ONAL SV�,o`.
EXHIBIT B
l 0
36) 0.029 ACRES
r /
r
167
4
2 O
CD O
0 O
U o
0 Ld a
�
w s0 rn
wor%
1,N
Lin z
w -aao.-
LJ J
40.00" LT,
L5 L4 PERM. ESMT.
POINT OF 166 +66.27 EX. R/W �
BEGINNING 40.00' LT. 1 36
166+66.80 P
BEGIN FOR 30.00 LT.
REFERENCE 1 8 +00
L —
N 20'43'23" E — DUBLIN ROAD N 19'40'16" E ORIG. TANGENT C/L
166 +65.91
0.00' LT.
NUMBER
DIRECTION
1
L1
N 78'47'37" W
30.21'
L2
N 19'40'16" E
44.51'
L3
S 70'19'44" E
30.00'
�1
S 19'40'16" W
33.73'
L5
a
6.34'
2 0
0
N 78'47'37" W
10.14'
0 0
O
I
M
� n
N
35 X
N
MOHAMMED GHIATH AMMAR
36
& ESTER LEA AMMAR
273 - 001408
SOUTH CIVIC'
0.521 ACRES
I.N. 1 99912200311432
ADDITION
P.8 22. PG. 7r
LOT II
167 +00.00
166 + 54.21
166+ LT.
TEMP. ESMT. 70.00' LT.
L2
36) 0.029 ACRES
r /
r
167
4
2 O
CD O
0 O
U o
0 Ld a
�
w s0 rn
wor%
1,N
Lin z
w -aao.-
LJ J
40.00" LT,
L5 L4 PERM. ESMT.
POINT OF 166 +66.27 EX. R/W �
BEGINNING 40.00' LT. 1 36
166+66.80 P
BEGIN FOR 30.00 LT.
REFERENCE 1 8 +00
L —
N 20'43'23" E — DUBLIN ROAD N 19'40'16" E ORIG. TANGENT C/L
166 +65.91
0.00' LT.
NUMBER
DIRECTION
DISTANCE
L1
N 78'47'37" W
30.21'
L2
N 19'40'16" E
44.51'
L3
S 70'19'44" E
30.00'
L4
S 19'40'16" W
33.73'
L5
S 20'43'23" W
6.34'
L6
N 78'47'37" W
10.14'
EX. R
MONUMENT LEGEND
.O' R.R.S. FOUND
O REBAR FOUND
0 IRON PIN FOUND
® MONUMENT BOX
• 3/4" IRON PIN SET
BASIS OF BEARINGS �,�' v: • " "
THE PROJECT BEARING DATUM IS BASED UPON STATE �` ~:' STEVEN
PLANE GRID BEARINGS FROM THE OHIO COORDINATE r 'F E.
SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED v? RADER
USING G.P.S. METHODS THROUGH THE FRANKLIN jD p -.,A 7191 o .0
COUNTY ENGINEER'S STATIONS 'FRANK 73', AND
"FCGS 6642 RESET ". -= ss ' •.. J d'
'ON AL S_
PARCEL 36 —T
DUBLIN ROAD SOUTH
MULTI —USE PATH
CM OF DUBLIN, FRANKLIN COUNTY, OHIO
0 30 60
SCALE IN FEET
Prepared By
is Stontec Consulting Services, Inc.
1500 Lake Shore Drive, Suite 100
Columbus, Ohio 43204
Phone: (614) 486 -4383
sec
Registered Surveyor /7191 Dote