Ordinance 054-14RECORD OF ORDINANCES
Form No. 30043
54 -14
,,.. Passed _ 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO
ACQUIRE A 0.040 ACRE, MORE OR LESS, FEE SIMPLE
INTEREST FROM JAMES G. CLYMER, FOR THE PROPERTY
LOCATED AT 7379 SAWMILL ROAD FOR THE CONSTRUCTION
OF IMPROVEMENTS AT THE INTERSECTION OF SAWMILL
ROAD AND HARD ROAD, AND DECLARING AN EMERGENCY.
LEAS, the City of Dublin (the "City's is preparing to construct improvements at
:ersection of Sawmill Road and Hard Road (the "Project'; and
WHEREAS, the Project requires that the City obtain a fee simple interest from James
G. Clymer within Franklin County Parcel No. 273 - 008405, as described in the attached
Exhibit "A" and depicted in the attached Exhibit "B," said property interest located in
the City of Dublin, County of Franklin, State of Ohio; and
WHEREAS, the City and the Grantor participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the necessary property
interest for the sum of Nine Thousand Five Hundred Dollars ($9,500.00); and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantor.
NOW, THI BEFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, _1T of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.040 acre, more or less, fee simple interest
from James G. Clymer, for the sum of Nine Thousand Five Hundred Dollars
($9,500.00), said property interest located within Franklin County Parcel No. 273-
008405, and as more fully described in the attached Exhibit "A" and depicted in
attached Exhibit °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 interest is necessary for the advancement
of this Project. This ordinance shall therefore take effect immediately upon passage.
Passed this day of 2014.
4 Presiding or —Officer
ATTEST:
Clerk of Council
Dayton Legal Blan Inc.
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 �r
Date: June 27, 2014
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager — Transportation
Philip K. Hartmann, Assistant Law Director
Memo
Re: ORDINANCE 54 -14 - AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A
0.040 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM JAMES
G. CLYMER, FOR THE PROPERTY LOCATED AT 7379 SAWMILL
ROAD FOR THE CONSTRUCTION OF IMPROVEMENTS AT THE
INTERSECTION OF SAWMILL ROAD AND HARD ROAD, AND
DECLARING AN EMERGENCY.
Background
The City of Dublin ( "City ") is preparing to construct intersection improvements at the intersection
of Sawmill Road and Hard Road (the "Project "). The Project consists of the widening and
resurfacing of 0.32 miles of Sawmill Road and 0.17 miles of Hard Road. The Project includes the
addition of curb and gutter, sidewalk, and share -use path. In order to construct the Project, the
City must obtain property interests from various landowners located within the City in order to
construct this Project.
James G. Clymer ("Grantor'D owns one of the properties from which the City must obtain a fee
simple interest for the construction of the Project. The property is located at 7379 Sawmill Road
and identified as Franklin County Parcel No. 273 - 008405.
After engaging in amicable negotiations, the City has come to an agreement with the Grantor to
acquire the necessary property interest, pursuant to the terms outlined in this memorandum. This
Ordinance authorizes the settlement of the matter for Nine Thousand Five Hundred Dollars
($9,500.00)
Acquisition
The City will be acquiring from the Grantor only the property interest necessary for the
construction of the Project, as presented in the legal description and depiction attached to this
memorandum. The City will be acquiring this property interest for slightly above its appraised
value, based on the Property Owner's counter offer. The property acquisition consists of the
following property interests from James G. Clymer, as depicted in the exhibits attached hereto:
Memo re. James G. Clymer Settlement
June 27, 2014
Page 2 of 2
Franklin County Parcel No. 273 - 008405
Properly Interest
Acquiring
Description
Appraised Value
Settlement Value
Fee Simple Interest
0.040 acre t
$6,800.00
Site Improvements
Lawn and Concrete Drive
$1,180.00
Total
$7,980.00
$9,500
In the interest of keeping the Project moving forward, the City believes it is prudent to accept the
Grantor's counter offer and continue moving forward with the Project.
Recommendation
Ordinance No. 54 -14 would authorize the City Manager to execute all necessary conveyance
documentation to formally acquire the necessary property interest described above.
The Law Department recommends approval of Ordinance No. 54 -14 by emergency at the second
reading /public hearing on July 1, 2014 as the approval of the Ordinance will keep the Project
moving forward.
RE 90
REV, 01/2014
EXHIBIT A Pago I off
kX 250 W Rev. 06109
Ver. Dole 02102113 PW 93892
PARCEL 3 -WD
FRA- SAWMILL /BARD
ALL RIGHT, TITLE AND INTEREST iN FEE SIMPLE
IN TIII_+', FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Grantor /Owner, for himself and his heirs, executors, administrators, successors and assigns,
reserves all existing lights of ingress and egress to and from tuiy residual area (as used herein,
the expression "Grantor /Owner" includes the plural, and words in the masculine include the
feminine or neuter).
[Surveyor's dexe t tuu of the premixes follawsl
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Quarter
Township 2, Township -2 -North, Rarige -19 -West, Wted States Military Lands, being a part of
that 3.092 acre tract as conveyed to James G. Clymer by deed of record in Instrument Numbers
201006010067149 and 200406240146363, records of the Recorder's Office, Franklin County,
Ohio, and being more particularly described as follows;
Being a parcel of land lying on the left side of the Centerline of Construction of Sawmill
Road, as delineated upon (lie rRA- SAWMILL/I-IARD INTURSECTION IMPROVEMENT
Right -of -Way Plan on file with the City of Dublin.
Beginning for Reference at Franklin County Monument !07772 at the intersection of the
existing Right -of =Way Centerline of Fluud Road (County Road 61) with the existing Construction
Centerline of Sawmill Road (County Road 70), being 0,00 feot left of Sawmill Road Station
200+00.00;
Thence South 02 degrees 34 minutes 54 seconds West, a distance of 592.77 Wt along the
Construction Centerline of Sawmill Road to the northeast corner of that 0.180 acre tract as
conveyed to the Franklin County Commissioners by deed of record in Official Record 9953 G12,
being 0.00 feet left of Sawmill Road Station 194 t 07.23;
Thence North 49 degrees 50 minutes 39 seconds West, a distance of 40.04 feet along the
northerly line of said Franklin County 0.180 acre tract to the northeast comer of said Clymer
3,092 acre tract in the existing westerly Right -of -Way line. ot'Sawmill Road, being 40,00 feet left
ol'Sawmill Road Station 194 +05.54, and being the Point of True Beginning;
Page 12
RE 90
REV. 01 /2014
EXHIBIT A Pago 2 of 3
Rh 250 WD Rcv. 06109
Thence South 02 degrees 34 minutes 54 seconds West, a distance of 115.54 feet, along
the easterly line of said Clymer 3.092 acre tract, parallel to the existing Construction Centerline
of Sawmill Road, and along the existing westerly Right -of -Way line of Sawmill Road, to tin iron
pin set being 40.00 feet left of Sawmill Road Station 192 +90.00;
Thence North 87 degrees 25 minutes 06 seconds West, a distance of 15.00 feet, across
said Clymer 3.092 acre tract, and along the proposed westerly Right -of -Way line of Sawmill
Road, to an iron pin set at an angle point in the proposed westerly Right -of -Way line of Sawmill
Road, being 55.00 feet Left of Sawmill Road Station 192 +90.00;
Thence North 02 degrees 34 minutes 54 seconds East, a distance of 114.90 feet, across
said Clymer 3.092 acre tract, parallel to the existing Constru(,Iion Centerline of Sawmill Road,
and along the proposed westerly Right -of -Way line of Sawmill Road, to an iron pin set at rile
intersection with the northerly line of said Clymer 3.092 acre tract, being 55.00 feet left of
Sawmill Road Station 194-1-04.90;
Thence South 89 degrees 50 minutes 39 Seconds East, a distance of 15.01 feet, along the
northerly line of said Clymer 3.092 acre tract, and along the southerly line of that 16.725 acre
Lot 3 as conveyed to UrF Real Estate Company Inc. by deed of record in Instnnnent Number
200603240055552 and as shown on the Plat for EMERALD PHASE 5B as recorded in Plat
Book 110, Page 47, to the Point of True Beginning, containing 0,040 acres, more or less, of
which the Present Road Occupies 0.000 acres, more or less.
Ot' Qte above described area, 0.040 acres are contained within Franklin County Auditor's
Parcel 273-008405.
All Iron Pins Set are'/ inches In diameter by 30 inches long with a 2 inch aluminum cap
bearing the name "ODOT R/W' and "STANTEC ".
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 53,
(1986 Adjustment) from a field survey using G.P.S. methods from Franklin County Monuments
FRANK 74, FRANK 174, FOGS 7772, FCGS 6651, FCGS 2232, and FRANK 2218 Reset
performed in September 2004 by R.D. Zande and Associates and January 2013 by Stantec
Consulting Services, Inc,
Page 13
RE 90
REV. 01 /2014
R.X 250 WE)
EXHIBIT A
Page 3 or 3
Rev. 06/09
Orantor claims Iitle by file instrument of record in Lnetrument Numbers
201006010067149 and 200406240146368, records of the Recorder'8 Office, Franklin County,
Ohio.
A drawing of this description is allached hereto and made part thereof.
j190"uM111,•`�/
STANTEC CON TIN ERVICES INC.
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Page 14
RE 90
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ward Road C.R. 61 I I
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COMPANY, INC. /1
273 - 012153
16,725 AC. I
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Page 16
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