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Ordinance 034-14RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 34 -14 Passed 20 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.045 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.052 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM ADAM P. JOHNSON, FOR THE PROPERTY LOCATED AT 5851 DUBLIN ROAD FOR THE CONSTRUCTION OF A MULTI -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT. WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path along Dublin Road (the "'Project'; and WHEREAS, Adam P. Johnson owns the property with the commonly known address of 5851 Dublin Road, parcel number 270 - 000304, said property located in the Township of Washington, County of Franklin, State of Ohio; and WHEREAS, said Project requires that the City obtain a permanent easement and a temporary easement from Adam P. Johnson, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B," all attached hereto, said property interest located in the Township of Washington, County of Franklin, State of Ohio. NOW, TH�ORE, 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 shall take effect and be in force from and after the earliest date permitted by law. Passed this day of 2014. ayor — Presiding Officer ATTEST: LLa- . Clerk of Council V ro r w os krod&c ATTORNEYS MEMORANDUM To: Dublin City Council Marsha Grigsby, City Manager Paul Hammersmith, City Engineer From: Philip K. Hartmann Date: May 1, 2014 Re: Ordinance No. 34 -14 Dublin Road South Multi -Use Path Project Adam P. Johnson — Ordinance to Appropriate PROJECT BACKGROUND The City of Dublin ( "City ") is preparing to construct a multi -use path along Dublin Road (the "Project "). The City while obtaining property interests from various landowners to construct the path also is acquiring temporary easements to perform minor grading and construction. Adam P. Johnson (the "Grantor ") owns one of the properties from which the City desires a permanent and temporary easement. This property is identified as Parcel No. 270 - 000304 and is located at 5851 Dublin Road, Dublin, OH 43017. The City is hopeful that an amicable resolution may still be reached with the Grantor; however, this ordinance authorizes the law director's office to initiate 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. 270 - 000304 _ Permanent Easement 0.045 Acre Temporary Easement 0.052 Acre Frost Brown Todd LLC Memo re. Ord. 34 -14 — Ordinance to Appropriate — Adam P. Johnson May 1, 2014 Page Two RECOMMENDATION The Law Department recommends approval of Ordinance No. 34 -14 at the second reading/public hearing on May 19, 2014 as the construction of the Project is necessary for public welfare and safety, and approval of the Ordinance will keep the Project moving forward. 2 EXHIBIT A 1 of 2 CIP 08 -009 PARCEL 20 -P PROJECT DUBLIN MUP Version Date 11/01/13 PARCEL 20 -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, Washington Township, located in Virginia Military Survey 2419, being a part of that 0.957 acre tract as conveyed to Adam P. Johnson, by deed of record in Instrument Number 201204030045766, 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 corner of Lot 7 of LEPPERT SUBDIVISION as recorded in Plat Book 27, Page 13 in the existing westerly right -of -way line of Dublin Road, and in the northerly line of said Johnson 0.957 acre tract being 40.00 feet left of centerline station 142 +87.16; Thence South 83 deg. 44 min. 25 sec. East, a distance of 10.00 feet along the existing westerly right -of -way line of Dublin Road, and along the northerly line of said Johnson 0.957 acre tract, to an angle point in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 142 +87.02; Thence South 05 deg. 26 min. 35 sec. West, a distance of 143.53 feet, along the existing westerly right -of -way line of Dublin Road, to the intersection with the existing northerly right - of -way line of Rings Road, being 30.00 feet left of centerline station 141 +43.49; Thence South 84 deg. 34 min. 21 sec. West, a distance of 20.37 feet along the existing northerly right -of -way line of Rings Road to a point being 50.00 feet left of centerline station 141 +41.57; Thence the following three (3) courses and distances across said Johnson 0.957 acre tract; 1. Thence North 05 deg. 26 min. 35 sec. East, a distance of 50.35 feet to a point being 50.00 feet left of centerline station 141 +90.00; 2. Thence South 84 deg. 33 min. 05 sec. East, a distance of 10.00 feet to a point being 40.00 feet left of centerline station 141 +90.00; 3. Thence North 05 deg. 26 min. 35 sec. East, a distance of 97.16 feet to the Point of Beginning, containing 0.045 acres, more or less. Of the above described area, 0.045 acres are contained within Franklin County Auditor's Parcel 270- 000304. EXHIBIT A 2of2 CIP 08 -009 PARCEL 20 -P PROJECT DUBLIN MUP Version Date 11/01/13 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 201204030045766, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. IIM OF 0 STANTEC CONSULTING SERVICES, INC. •.0 r f * : STEVEN �t ��, �/y / /�a3 // j • E. = _.a • RADER ? Registered Surveyor No. 7191 Date 7191 ' o� •�G . 1 G` %css 5 ��. • °� ** PORTION OF THE PROPOSED EASEMENT LYING WITHIN AN EXISTING EASEMENT �I - 1 1 1 n �n 1 � S O Z O O 1 DIRECTION DISTANCE � � S 83'44'25" E 10.00' L2 S 05'26'35" W 1 Z -0 L3 0 20.37' L4 N 05'26'35" E 50.35' a U � 10.00' L6 I N 05'26'35" E Z_ Y 1 L7 V) w 1 Z H 1 f N o o Q° p a W M X fn 1 x b 1 J N V1 �7U X l I I � / w EX. R W CITY OF DUBLIN 1 LL _Z L/ 1 LL L L f L WASHINGTON TWP. , 141+00 FCGS 5152 141+18.71 0.00' LT. 20 ADAM P. JOHNSON 270 - 000304 0.957 ACRES I.N. 201204030045766 V) 0.045 ACRES w ( ** 0.045 ACRES) X w 141+39.65 142 +87.16 50.00' LT. 40.00' LT. 141+90.00 50.00' LT. 20 —P POINT OF BEGINNING L4 EX. ES V / J PERM. ESMT. L6 L2 EX. R/W \ \\ 141+43.49 L2 41 +43.49 141 + 90.00 142 +87.02 30.00' LT. 40.00' LT. 30.00' LT. 142 +00 N 05 '26',35" E DUBLIN ROAD c/L R/W — — — E R/W — — — — MONUMENT LEGEND .a R.R.S. FOUND 0 REBAR FOUND 0 IRON PIN FOUND ® MONUMENT BOX • 3/4" IRON PIN SET NUMBER DIRECTION DISTANCE L1 S 83'44'25" E 10.00' L2 S 05'26'35" W 143.53' L3 S 84'34'21 " W 20.37' L4 N 05'26'35" E 50.35' L5 IS 84'33'05" E 10.00' L6 I N 05'26'35" E 97.16' EXHIBIT B 2 EPP -:RT P.B. 27, PG. i3 Lu , 7 Z a o! w V) 0 J Y J Z w D! Y 0 0 0 ZI �o Y N 21 now L1 143 +00 PARCEL 20 —P DUBLIN ROAD SOUTH MULTI —USE PATH WASHINGTON TWP., FRANKLIN COUNTY, OHIO , ���HN�urrrrr, rr o 40 80 ��� ••••' ••�• 'i SCALE IN FEET Prepared By * STEVEN BASIS OF BEARINGS E. �" ' RADER � Stantec Consulting Services, Inc. THE PROJECT BEARING DATUM IS BASED UPON - S 1500 Lake Shore Drive, Suite 100 STATE PLANE GRID BEARINGS FROM THE OHIO L -,0 7191 t Q: Columbus, Ohio 43204 COORDINATE SYSTEM, SOUTH ZONE, NAD 83 .p Q Pho ne: (614) 486 -4383 (86), USING THE BEARING OF S 20'27'34" W 0,� /$�E�'�(j AS DERIV OCCU PYING '. ' F 3 �"••"'• Q� , •� sh FRANKLIN COUNTY ENGINEER'S STATIONS ///3 1/3 �'' S S�ONA1. Sv • �� "FRANK 73 ", AND "FCGS 6642 RESET ". ''rr rrrr�������N�� ,, Registered Surveyor #7191 Date EXHIBIT A I of 2 CIP 08 -009 PARCEL 20 -T PROJECT DUBLIN MUP Version Date 07/26/12 PARCEL 20 -T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO PERFORM MINOR GRADING and 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 0.957 acre tract as conveyed to Adam P. Johnson, by deed of record in Instrument Number 201204030045766, 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 corner of Lot 7 of LEPPERT SUBDIVISION as recorded in Plat Book 27, Page 13, at an angle point in the existing westerly right -of -way line of Dublin Road, and in the northerly line of said Johnson 0.957 acre tract being 40.00 feet left of centerline station 142 +87.16; Thence the following three (3) courses and distances across said Johnson 0.957 acre tract, and along the westerly lines of the proposed permanent easement; 1. Thence South 05 deg. 26 min. 35 sec. West, a distance of 97.16 feet to a point being 40.00 feet left of centerline station 141 +90.00; 2. Thence North 84 deg. 33 min. 25 sec. West, a distance of 10.00 feet to a point being 50.00 feet left of centerline station 141 +90.00; 3. Thence South 05 deg. 26 min. 35 sec. West, a distance of 50.35 feet, to the intersection with the existing northerly right -of -way line of Rings Road, being 50.00 feet left of centerline station 141 +39.65; Thence South 84 deg. 34 min. 21 sec. West, a distance of 5.09 feet along the existing northerly right -of -way line of Rings Road to a point being 55.00 feet left of centerline station 141 +38.69; Thence North 05 deg. 26 min. 35 sec. East, a distance of 116.31 feet across said Johnson 0.957 acre tract, to a point being 55.00 feet left of centerline station 142 +55.00; Thence North 57 deg. 59 min. 31 sec. West, a distance of 22.36 feet across said Johnson 0.957 acre tract, to a point being 75.00 feet left of centerline station 142 +65.00; Thence North 05 deg. 26 min. 35 sec. East, a distance of 22.66 feet across said Johnson 0.957 acre tract, to a point in the northerly line of said Johnson 0.957 acre tract, being 75.00 feet left of centerline station 142 +87.66; Thence South 83 deg. 44 min. 25 sec. East, a distance of 35.00 feet along the northerly line of said Johnson 0.957 acre tract to the Point of Beginning, containing 0.052 acres, more or less. Of the above described area, 0.052 acres are contained within Franklin County Auditor's Parcel 270- 000304. EXHIBIT A 2of2 CIP 08 -009 PARCEL 20 -T PROJECT DUBLIN MUP Version Date 07/26/12 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 Instrument Number 201204030045766, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. OF .O * : STEVEN E. RADER -o'• 7191 .3 0 ,c� '� E��� STANTEC CONSULTING SERVICES, INC. E .O�, 71G/xb./Z. Registered Surveyor No. 7191 Date ** PORTION OF THE PROPOSED EASEMENT LYING WITHIN AN EXISTING EASEMENT EXHIBIT B 1 � I Z 0 O !:_2i O a 1 U z 1 Y ca ,� vt �--� a -A Z < N O O a ° rn I w� x N rr, Ix � 1� 0 I o+ / o" A 1; r' . c a r EX. ;R W; � CITY OF DUBLIN 1 LL 1 LL L L L WASHINGTON TWP. 1 141 50.1 141 +00 F.") PE R T SUBD!ViSlti? ,' :'.B. 27, ?G. 13 L.0-7 20 ADAM P. JOHNSON 270 - 000304 0.957 ACRES I.N. 201204030045766 142 +87.66 75.00' LT. w X 142 +65.00 w 75.00' LT. 0.052 ACRES 20 ( ** 0.022 ACRES) - T 141+38.69 142 +55.00 L7 55.00' LT. 55.00' LT. �o L5 TEMP. ESMT. v / PERM. ESMT. L1 I.F. EX. R/W i.00 20 141+90.00 142 +87.16 LT. -P 40.00' LT. 40.00' LT. 142 +00 DUBLIN ROAD E X. R/W FCGS 5152 141+18.71 000.00' LT. z a o- w N O Y J z w Y , ;d o ° O O Z �O Y N 1101 w o? �z z5 o (I M E N 0 E 143 +00 ORIG. TANGENT C/L MONUMENT LEGEND PARCEL 20 -T .a R.R.S. FOUND DUBLIN ROAD SOUTH • REBAR FOUND MULTI -USE PATH • IRON PIN FOUND WASHINGTON TWP., FRANKLIN COUNTY, OHIO © MONUMENT BOX 0 40 so • 3/4" IRON PIN SET SCALE IN FEET Prepared By Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486 -4383 ,.. r•.. �1 ;Q flu la, Registered Surveyor #7191 Date NUMBER DIRECTION DISTANCE 'I'' 0 F S 05'26'35" W BASIS OF BEARINGS \��� P' STEVEN ' ; o' THE PROJECT BEARING DATUM IS BASED UPON STATE * : E. •:'� PLANE GRID BEARINGS FROM THE OHIO COORDINATE `. RADER a SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED o ; p 71 91 0 '_ USING G.P.S. METHODS THROUGH THE FRANKLIN Fs Fc i S 7: COUNTY ENGINEER'S STATIONS "FRANK 73 ", AND = S ' ••• •' J ,P -_- "FCGS 6642 RESET ". �oNA�� Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (614) 486 -4383 ,.. r•.. �1 ;Q flu la, Registered Surveyor #7191 Date NUMBER DIRECTION DISTANCE L1 S 05'26'35" W 97.16' L2 N 84'33'25" W 10.00' L3 S 05'26'35" W 50.35' L4 S 84'34'21" W 5.09' L5 N 05'26'35" E 116.31' L6 N 57'59'31" W 22.36' L7 N 05'26'35" E 22.66' L8 S 83'44'25" E 35.00'