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Ordinance 041-14RECORD OF ORDINANCES Dayton Legal Blank, Inc. 41 -14 Ordinance No. Form No.30043 Passed 20 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.026 ACRE, MORE OR LESS, PERMANENT EASEMENT AND A 0.031 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM ROSLYN JANE TURNER AND LAURENCE K. WATKINS, FOR THE PROPERTY LOCATED AT 15 LONGVIEW DRIVE 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'j; and WHEREAS, Roslyn Jane Turner and Laurence K. Watkins own the property with the commonly known address of 15 Longview Drive, parcel number 273 - 000181, said property located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, said project requires that the City obtain a permanent easement and a temporary easement from Roslyn Jane Turner and Laurence K. Watkins, 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, THPREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, t 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. J ayor — Presiding Otficer ATTEST: Clerk of Council I--- Icity of Dublin To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager'C`v*l%— Date: May 15, 2014 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Michael S. Sweder, P.E., Civil Engineer II Memo Re: Ordinance 41 -14 – Authorizing the Appropriation of a 0.026 Acre, More or Less, Permanent Easement; and a 0.031 Acre, More or Less, Temporary Easement from Roslyn Jane Turner and Laurence K. Watkins for the Property Located at 15 Longview Drive 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 Roslyn Jane Turner and Laurence K. Watkins (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- 000181 Parcel 30 Permanent Easement 0.026 f acres Temporary Easement 0.031 f acres Recommendation Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 Staff recommends approval of Ordinance 41 -14 at the second reading /public hearing on June 9, 2014 as obtaining the property interests is necessary for the furtherance of this project. EXHIBIT A loft CIP 08-009 PARCEL 30-P PROJECT DUBLIN MUP Vesion Date 11. 001113 PARCEL 30-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 Lot 1 of the subdivision entitled GOULD ADDMON, as recorded in Plat Book 27, Page 36, and as conveyed to Roslyn Jane 'Ulmer and Laurence K. Watkins, by deed of record in Instrument Numbers 200510270226354 and 200312110392881, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at an iron pin found marling the northeast comer of said Lot 1 at the intersection of the existing westerly right -0f - -way line of Dublin Road and the existing southerly right -of -way line of Longview Drive, being 30.00 feet left of centerline station 159+81.79; Thence South 20 deg. 47 min. 05 sec. West, a distance of 135.97 feet along the easterly line of said Lot 1, and along the existing westerly right -of -way line of Dublin Road, to the southeast comer of said Lot 1, being 30.00 feet left of centerline station 158+45.82; Thence North 86 deg. 46 min. 34 sec. West, a distance of 8.39 feet along the southerly line of said Lot 1, to a point being 38.00 feet left of centerline station 158+43.29; Thence North 20 deg. 47 min. 05 sec. East, a distance of 131.35 feet across said Lot 1 to a point being 38.00 feet left of centerline station 159+74.64; Thence North 58 deg. 03 min. 10 sec. West, a distance of 10.19 feet across said Lot I to a point in the northerly line of said Lot 1, and in the existing southerly right -of -way line of Longview Drive, being 48.00 feet left of centerline station 159+76.61; Thence South 85 deg. 15 min. 34 sec. East, a distance of 18.73 feet along the northerly line of said Lot 1, and along the existing southerly right -of -way line of Longview Drive, to the Point of Beginning, containing 0.026 acres, more or less. Of the above described area, 0.026 acres are contained within Franklin County Auditor's Parcel 273- 000181. 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 "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 Numbers 200510270226354 and 200312110392881, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. /'IS OF 0 0 4P. &., STANTEC CONSULTING SERVICES, INC. C3 . 0 % . * ? STEVEN •• * �s RA DER i Registered Surveyor No. 7191 Date .0 , a c 7� f NUMBER DIRECTION DISTANCE L1 S 20'47'05" W 135.97' L2 N 86'46'34" W 8.39' L3 N 2(747'05" E 131.35' L4 N 58'03'10" W 10.19' L5 S 85!15'34' E 18.73' EXHIBIT B O � LOT 2 \ \ r+c1 GOULD \ �\ ADDITION \�c I �\ a o P.B. 27, PG. 36 tom! LOT I 1 z n d N C 31 O ROSLYN JANE TURNER & \ \ AURENC K, WATKINS 2 \ \ \ 273- 00011 81 I.N. 200510270226354 3 D 0.026 ACRES \ \ —P (•* 0.001 ACRES) 29 N 48.00 LT. 159 +76_.61 GOUL D 158+43.29 ADDITION NO. 2\ 38.00' LT. 159+7 L4 \ \ P.B. 27, PC 73 38.00 LT. \ LOT I PERM. ESMT. L3 �� a L1 EX. R/W I.P.F. 158 +45.82 POINT OF 159 +81.79 30.00' LT. BEGINNING 30.00 LT. _ N 20'47 E , 159 +00 CITY OF DUBLIN 160 +00 ���`�*\ \\\_\_\I\\ -k �_\ \ \ \ \ r WASHINGTON TWP. C/L R /� DUBLIN ROAD 1 -- -- MONUMENT LEGEND Z R.R.S. FOUND $ O REBAR FOUND O IRON PIN FOUND I® MONUMENT BOX • 3/4" IRON PIN SET A -- EX. R / W — _— P9 ISAAC D. KAY W. PENSON PARCEL 30 -P 273 - 000233 DUBLIN ROAD SOUTH MULTI -USE PATH CITY OF DUBLIN, FRANKLIN COUNTY, OHIO E IIIIIIIIIIff111111j 0 30 Bo OF Qtt•�--�•i�4 •• PORTION OF THE PROPOSED EASEMENT LYING WITHIN AN EXISTING EASEMENT O�`��,,'(E • '••,7 /O�� SCALE IN FEET y i p .•'' •• Prepared B BASIS OF BEARINGS * STEVEN THE PROJECT BEARING DATUM IS BASED UPOI E. Stan$ec Consulting Services, Inc. STATE PLANE GRID BEARINGS FROM THE OHIOZ S RARER COORDINATE SYSTEM, SOUTH ZONE, MAD 83 71 � • �L 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 (86), USING THE BEARING OF S 20'27'34' W AS DERIVED FROM A GPS SURVEY OCCUPYING $'4 : �•� 0 ,�18jE� ,.` ' _� •`� Ph (614) 486 -4383 FRANKLIN COUNTY ENGINEER'S STATIONS p y C s + S� "• • ••S�1 d 'FRANK 73', AND "FCGS 6642 RESET ". �`��,, %4•��I,I�A`IIIIIp�� i Registered Surveyor X7191 Dote EXHIBIT A loft CIP 08-M PARCEL 30-T PROJECT DUBLIN MUP Vasion one 05/18/12 PARCEL 30-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 1 of the subdivision entitled GOULD ADDITION, as recorded in Plat Book 27, Page 36, and as conveyed to Roslyn Jane Turner and Laurence K. Watkins, by deed of record in Instrument Number 200510270226354, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at an iron pin found marking the northeast corner of said Lot 1 at the intersection of the existing westerly right -of -way line of Dublin Road and the existing southerly right -of -way line of Longview Drive, being 30.00 feet left of centerline station 159 +81.79; Thence North 85 deg. 15 min. 34 sec. West, a distance of 18.73 feet along the northerly line of said Lot 1, and along the existing southerly right -of -way line of Longview Drive, to the Point of True Beginning of the herein described parcel, being 48.00 feet left of centerline station 159 +76.61; Thence South 58 deg. 03 min. 10 sec. East, a distance of 10.19 feet across said Lot 1 to a point being 38.00 feet left of centerline station 159+74.64; Thence South 20 deg. 47 min. 05 sec. West, a distance of 131.35 feet across said Lot 1 to a point in the southerly line of said Lot 1, being 38.00 feet left of centerline station 158+43.29; Thence North 86 deg. 46 min. 34 sec. West, a distance of 10.49 feet along the southerly line of said Lot 1, to a point being 48.00 feet left of centerline station 158+40.12; Thence North 20 deg. 47 min. 05 sec. East, a distance of 136.49 feet across said Lot 1 to the Point of True Beginning, containing 0.031 acres, more or less. Of the above described area, 0.031 acres are contained within Franklin County Auditor's Parcel 273- 000181. 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 200510270226354, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. •o`'' E OF C2 s ,* . .•STEVEN �0 E. RADER 7191 Q ; ,t�GfSTER��' � NAL STANTEC CONSULTING SERVICES,, INC. Registered Surveyor No. 7191 Date NUMBER DIRECTION DISTANCE L1 S 58'03'10" E 10.19' L2 S 20'47'05" W 131.35' L3 N 8646'34" W 10.49' L4 N 20'47'05" E 136.49' L5 N 85'15'34" W 18.73' LOT 2 EXHIBIT B O \ \ GOULD 273 - 000233 MONUMENT LEGEND ADDITION .o' R.R.S. FOUND P.B. 27. PG 36 \ ` LOT O IRON PIN FOUND JANE TURNER & \ \ O LAUREN LAURENCE K. WATKINS •• PORTION OF THE PROPOSED EASEMENT 0 3/4 IRON PIN SET 273- 000181 LYING WITHIN AN EXISTING EASEMENT I.N. 200510270226354 BASIS OF BEARINGS ,, ��r�iiiu..�.. "' ..o F a 30 Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 ?< 0.031 ACRES 29 N \ —T ( "• 0.001 ACRES) Ph one: (614) 486 -4383 USING G.P.S. METHODS THROUGH THE FRANKLIN "FRANK ", 158+40.12 COUNTY (RESET' STATIONS 73 AND FC S 6642 48.00' LT. GOULD TEMP. ESMT. L4 ADDITION N0. 2 P.B. 27. LOT J PC 73 r 1� -43.2 EX' R/W 1 \ \ \ �p O rn z ?� Z .4 M \ C -. S o ON 31 b '7D d 159 +76.61 'OINT OF 48.00' LT 3EGINNING Ll 1 1 \ 158 38.00' LT, JI.P.F. 38.00' LT. 1 30.00' LT. \ 1 -- BEGIN FOR N 20'47'0 E 159 +00 CITY OF DUBLIN REFERENCE 160 +00 L * � * L \ � � � L ET DUELIN ROAD I WASHINGTON TWP. ORIG. TANGENT C/L -- - --I- - -- EX. R / W- -- 29 ISAAC D. KAY W. PENSON PARCEL 30 —T 273 - 000233 MONUMENT LEGEND DUBLIN ROAD SOUTH .o' R.R.S. FOUND MULTI - USE PATH O REBAR FOUND O IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY. OHIO * ® MONUMENT BOX 0 30 60 •• PORTION OF THE PROPOSED EASEMENT 0 3/4 IRON PIN SET SCALE IN FEET LYING WITHIN AN EXISTING EASEMENT Prepared By BASIS OF BEARINGS ,, ��r�iiiu..�.. "' ..o F a 3 THE PROJECT BEARING DATUM IS BASED UPON STATE �` ~P' STEVEN .y t .0% Stantec Consulting Services, Inc. 1500 Lake Shore Drive, Suite 100 R PLANE GRID BEARINGS FROM THE OHIO COORDINATE B E. ; s Columbus, Ohlo 43204 SYSTEM, SOUTH ZONE. NAD 63 (66), AS MEASURED : 9 ; RADER '� Ph one: (614) 486 -4383 USING G.P.S. METHODS THROUGH THE FRANKLIN "FRANK ", p p ° ; p 7191 0 ' JA COUNTY (RESET' STATIONS 73 AND FC S 6642 ? z ss r b TEp 4 Su - Registered Surveyor #7191 Dote