Ordinance 057-14RECORD OF ORDINANCES
Lega Blank, Inc. Form No. 30043
Ordinance No.
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A
0.007 ACRE, MORE OR LESS, FEE SIMPLE INTEREST; A
0.027 ACRE, MORE OR LESS, TEMPORARY EASEMENT; AND
A 0.032 ACRE, MORE OR LESS, TEMPORARY EASEMENT
FROM MUSCA PROPERTIES, LLC, FOR THE PROPERTY
LOCATED AT 9110 DUBLIN ROAD FOR THE CONSTRUCTION
OF IMPROVEMENTS AT THE INTERSECTION OF DUBLIN
ROAD AND GLICK ROAD, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City', the Village of Shawnee Hills, the Ohio
Department of Transportation, and the Delaware County Engineer's Office are
working together to construct improvements at the intersection of Dublin Road and
Glick Road (the "Project'); and
WHEREAS, the City will be responsible for the property acquisition necessary for the
Project; and
WHEREAS, the Project requires that the City obtain a fee simple interest and two
temporary easements from Musca Properties, LLC, as described in the Exhibits
labeled "A" and depicted in the Exhibits labeled "13," all attached hereto, said property
interest located in the Village of Shawnee Hills, County of Delaware, State of Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, a'4 of the elected members concurring that:
Section 1. Council considers it necessary and declares its authorization to
appropriate for the appraised value of Fifty Nine Thousand Four Hundred Fifty Dollars
($59,450.00), for the purpose of constructing improvements at the intersection of
Dublin Road and Glick Road, a fee simple interest and two temporary easements as
described in the Exhibits labeled "A" and depicted in the Exhibits labeled "13," all
attached hereto.
Section 2. The City Law Director's office is hereby authorized to file a petition for
appropriation in the county Court of common Pleas should it become necessary.
Section 3. 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. The Ordinance shall therefore take effect immediately upon passage.
Passed this l s day of , 2014.
yor — Presiding Officer
ATTEST:
57 -14
Passed — . 20
Clerk of Council
I cityof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager /lY,/G
Date: June 19, 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 57 -14 - AN ORDINANCE AUTHORIZING THE
APPROPRIATION OF A 0.007 ACRE, MORE OR LESS, FEE SIMPLE
INTEREST; A 0.027 ACRE, MORE OR LESS, TEMPORARY
EASEMENT; AND A 0.032 ACRE, MORE OR LESS, TEMPORARY
EASEMENT FROM MUSCA PROPERTIES, LLC, FOR THE PROPERTY
LOCATED AT 9110 DUBLIN ROAD FOR THE CONSTRUCTION OF
IMPROVEMENTS AT THE INTERSECTION OF DUBLIN ROAD AND
GLICK ROAD, AND DECLARING AN EMERGENCY.
Background
The City of Dublin ( "City "), the Village of Shawnee Hills, the Ohio Department of Transportation,
and the Delaware County Engineer's Office (collectively, the 'Project Partners' are working
together to construct improvements at the intersection of Dublin Road and Glick Road (the
"Project "). The Project includes construction of left turn lanes on each approach and will improve
the sight distance on the north leg of the intersection by cutting down the hill by the El Vaquero
restaurant. Pedestrian facilities will be added to the north side of Glick Road, west of Dublin Road,
and the traffic signal will be upgraded to include such items as new mast arms, pedestrian push
buttons in all four quadrants, and LED signal heads. The common goal among the Project
Partners is to improve safety and efficiency for pedestrians, bicyclists, and motorists. On behalf of
the Project Partners, the City will be the main point of contact as the Project progresses through
the property acquisition process.
The Project requires the acquisition of property interest from Musca Properties, LLC ('Property
Owner', located at 9110 Dublin Road, identified as Delaware County Parcel No. 600- 432- 23 -012-
000.
The City is hopeful that an amicable resolution may be reached with the Property Owner; however,
this Ordinance authorizes the law director's office to initiate the eminent domain process in the
event that negotiations are unsuccessful.
The City is requesting emergency action on July 1 so the affected utilities can receive access to the
new right -of -way for relocation purposes. Time is of the essence with this Project in order for the
contractor to meet the proposed completion date of November 14, 2014.
Memo re. Musca Ordinance to Appropriate
June 19, 2014
Page 2 of 2
Acquisition
The City will be acquiring only the property interest necessary for the construction of the Project
from the Property Owner, as depicted in the map attached hereto. The City had the property
interest appraised; the appraised value is detailed below.
Delaware County Parcel No. 600 - 432 -23- 012 -000
Property Interest
Description
Appraisal Value
Acquiring
Fee Simple Interest
0.007 acre f
$10,675.00
Temporary Easement 1
0.027 acre f
$6,175.00
Temporary Easement 2
0.032 acre f
$7,400.00
Site Improvements
p
Signs, Monument,
Landscaping, etc.
$35,200.00
Total
$59,450.00
Recommendation
The Law Department recommends approval of Ordinance No. 57 -14 by emergency at the second
reading /public hearing on July 1, 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.
EXHIBIT A
Vcr. Datc: 02/1312014 Page 1 of
PARCEL 6-WDV
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Grantor /Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing
rights of ingress and egress to and from any residual area (as used herein, the expression "Grantor/Owner" includes
the plural, and words in the masculine include the feminine or neuter).
Situated in the State of Ohio, County of Delaware, Village of Shawnee Hills, Township of Concord, Virginia
Military Survey Number 2545, being part of a 1.543 acre tract, in the name of Musca Properties, LLC, an Ohio
Limited Liability Company (the grantor), as recorded in Official Record 399, Page 62, all references being to those
of record in the Recorder's Office, Delaware County, Ohio, and being more particular described as follows:
Commencing, for reference, at a 5/8 inch rebar (set) inside of a monument box at the northerly intersection of the
existing centerline of right of way of Glick Road (width varies) and the existing centerline of right of way of Dublin
Road (width varies), said northerly intersection point being Glick Road station 50 +00.00 and Dublin Road station
20 +00.00, said rebar (set) being North 15 degrees 33 minutes 44 seconds West, a distance of 2.73 feet from a 518
inch rebar (set) inside of a monument box at the southerly intersection of the existing centerline of right of way of
Glick Road and the existing centerline of right of way of Dublin Road, said southerly intersection being Glick Road
station 19 +97.27 and Dublin Road station 49 +99.91;
Thence, along the existing centerline of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance
of 36.35 feet to a point, at Dublin Road station 20 +36.35;
Thence, leaving said centerline, North 74 degrees 26 minutes 16 seconds East, a distance of 40.00 feet to an iron pin
(set) at the intersection of the easterly existing right of way line of said Dublin Road and the northerly existing right
of way line of said Glick Road, said intersection being 35.00 feet left of Glick Road station 50 +40.67, and also being
The Point of Beginning of the parcel herein described:
Thence, along the easterly existing right of way line of said Dublin Road, North 15 degrees 33 minutes 44 seconds
West, a distance of 39.54 feet to an iron pin (set), 40.00 feet right of Dublin Road station 20 +75.89;
Thence, leaving said existing right of way line, through the grantor's tract, in a southeasterly direction, an arc
distance of 61.20 feet, along the arc of a curve deflecting to the left, having a central angle of 87 degrees 39 minutes
30 seconds, a radius of 40.00 feet, and a chord that bears South 59 degrees 23 minutes 29 seconds East, a distance
of 55.40 feet, to an iron pin (set) on the northerly existing right of way line of said Glick Road, 35.00 feet left of
Glick Road station 50+76.97;
Thence, along the northerly existing right of way line of said Glick Road, in a southwesterly direction, an arc
distance of 38.38 feet, along the arc of a curve deflecting to the left, having a central angle of 03 degrees 24 minutes
32 seconds, a radius of 645.00 feet, and a chord that bears South 75 degrees 04 minutes 30 seconds West, a distance
of 38.37 feet, to The Point of Beginning and containing 0.007 acres, more or less, with 0.000 acres, more or less,
being within the Present Roadway Occupied (P.R.O.).
The bearings in the above description are based on the bearing between Delaware County Engineer's Monuments
"97 -006" & "97 -142" being North 72 degrees 52 minutes 25 seconds East, as measured on the Ohio State Plane
Coordinate System, South Zone, 2007 adjustment.
All iron pins set are 518 "00" rebar, capped with a yellow id stamped "Mullaney P.S. 7900 ".
All references being to those of record in the Recorder's Office, Delaware County, Ohio.
Subject to any and all easements, rights of way, conditions and restrictions of record, all legal highways, zoning
ordinances, rules and regulations.
This description was prepared based on an actual field survey by GPD Group dba Glaus, Pyle, Schomer, Burns, &
DeHaven. Inc. performed under the direct supervision of Steven L. Mullaney, Registered Surveyor #7900, in
December, 2013.
Glaus, Pyle, Schomer, Bus, & DeHaven, Inc.
�Q't� �F Oyu rn dba GRD Group
Gj STEVEN
MULLANEY Stev n L. ullaney, P.S.
,p 7900 Q fessional Surveyor No. 7900
1 101
February 14, 2014
1AC& 1PRODUCI'IONTROOCTS110917 00 Dublin - Dublin & GlickIR0WUcgal106 -WDV docx
GPD Group 1801 Watermark Drive, Suite 150
Glaus, Pyle, Schomer, Burns, & Columbus, Ohio 43215
DeHaven, Inc. Phone: 614- 210 -0751 / Fax: 614 - 210 -0752
EXHIBIT A
Ver. Date: 01!21!2014 Page I of 2
PARCEL 6 -T1
DESCRIPTION OF A TEMPORARY
CONSTRUCTION AND GRADING EASEMENT
Situated in the State of Ohio, County of Delaware, Village of Shawnee Hills, Township of Concord, Virginia
Military Survey Number 2545, being part of a 1.543 acre tract, in the name of Musca Properties, LLC, an Ohio
Limited Liability Company (the grantor), as recorded in Official Record 399, Page 62, all references being to those
of record in the Recorder's Office, Delaware County, Ohio, and being more particular described as follows:
Commencing, for reference, at the intersection of the existing centerline of right of way of Glick Road (width varies)
and the existing centerline of right of way of Dublin Road (width varies), said intersection point being Glick Road
station 50+00.00 and Dublin Road station 20 +00.00;
Thence, along the existing centerline of said Dublin Road, North 15 degrees 33 minutes 44 seconds West, a distance
of 36.35 feet to a point, at Dublin Road station 20 +36.35;
Thence, leaving said centerline, North 74 degrees 26 minutes 16 seconds East, a distance of 40.00 feet to a point at
the intersection of the easterly existing right of way line of said Dublin Road and the northerly existing right of way
line of said Glick Road, said intersection being 35.00 feet left of Glick Road station 50 +40.67;
Thence, along the easterly existing right of way line of said Dublin Road, North 15 degrees 33 minutes 44 seconds
West, a distance of 39.54 feet to an iron pin (set), 40.00 feet right of Dublin Road station 204 75.89, and The Point
of Beginning of the parcel herein described:
Thence, continuing along said existing right of way line, North 15 degrees 33 minutes 44 seconds West, a distance
of 34.11 feet to a point, 40.00 feet right of Dublin Road station 2l , t 10.00;
Thence, leaving said existing right of way line, through the grantor's tract, for the following three (3) calls:
I . South 28 degrees 05 minutes 28 seconds East, a distance of 46.10 feet to a point, 50.00 feet right of Dublin
Road station 20 +65.00;
2. South 57 degrees 10 minutes 07 seconds East, a distance of 31.85 feet to a point, 40.00 feet right of Glick
Road station 50 +70.00;
3. A northeasterly direction, an arc distance of 132.92 feet, along the arc of a curve deflecting to the right,
having a central angle of 1 l degrees 43 minutes 00 seconds , a radius of 650.00 feet, and a chord that bears
North 81 degrees 59 minutes 00 seconds East, a distance of 132.69 feet, to a point on the northerly existing
right of way line of said Glick Road, 40.00 feet left of Glick Road station 51 +94.74;
Thence, along said existing right of way line, South 68 degrees 40 minutes 09 seconds West, a distance of 15.75 feet
to a point, 35.00 feet left of Glick Road station 514 8047;
Thence, continuing along said existing right of way line, in a southwesterly direction, an arc distance of 109.66 feet,
along the arc of a curve deflecting to the left, having a central angle of 09 degrees 44 minutes 27 seconds, a radius of
645.00 feet, and a chord that bears South 81 degrees 38 minutes 59 seconds West, a distance of 109.53 feet, to an
iron pin (set), 35.00 feet left of Glick Road station 50 +76.97;
Thence, leaving said existing right of way line, through the grantor's tract, in a northwesterly direction, an arc
distance of 61.20 along the arc of a curve deflecting to the right, having a central angle of 87 degrees 39 minutes 30
seconds , a radius of 40.00 feet, and a chord that bears North 59 degrees 23 minutes 29 seconds West, a distance of
55.40 feet, to The Point of Beginning and containing 0.027 acres, more or less.
The bearings in the above description are based on the bearing between Delaware County Engineer's Monuments
"97 -006" & "97 -142" being North 72 degrees 52 minutes 25 seconds East, as measured on the Ohio State Plane
Coordinate System, South Zone, 2007 adjustment.
All references being to those of record in the Recorder's Office, Delaware County, Ohio.
Subject to any and all easements, rights of way, conditions and restrictions of record, all legal highways, zoning
ordinances, rules and regulations.
This description was prepared based on an actual field survey by GPD Group dba Glaus, Pyle, Schomer, Burns, &
DeHaven, Inc. performed under the direct supervision of Steven L. Mullaney, Registered Surveyor #7900, in
December, 2013.
Glaus, Pyle, Schomer, Burns, & DeHaven, Inc.
�F dba GPD Group
G� STEVEN Q
MULLANEY •��
7900 �Q Ste ullaney, P.S.
1� l � Gy's ` Surveyor No. 7900 1 EN
January 21, 2014
1 ' Cad\PRODUCTION U'ROIGCTS110917.00 Dublin - Dublin & Glick\R0Wllcga1106 -T 1 docx
GPD Group 1801 Watermark Drive, Suite 150
Glaus, Pyle, Schomer, Burns, & Columbus, Ohio 43215
DeHaven, Inc. Phone: 614 -210 -0751 / Fax: 614 -210 -0752
EXHIBIT A
Ver. Date: 01/21/2014 Page 1 of 2
PARCEL 6 -T2
DESCRIPTION OF A TEMPORARY
CONSTRUCTION AND GRADING EASEMENT
Situated in the State of Ohio, County of Delaware, Village of Shawnee Hills, Township of Concord,
Virginia Military Survey Number 2545, being part of a 1.543 acre tract, in the name of Musca Properties,
LLC, an Ohio Limited Liability Company (the grantor), as recorded in Official Record 399, Page 62, all
references being to those of record in the Recorder's Office, Delaware County, Ohio, and being more
particular described as follows:
Commencing, for reference, at the intersection of the existing centerline of right of way of Glick Road
(width varies) and the existing centerline of right of way of Dublin Road (width varies), said intersection
point being Glick Road station 50+00.00 and Dublin Road station 20 +00.00;
Thence, along the existing centerline of said Dublin Road, North 15 degrees 33 minutes 44 seconds West,
a distance of 36.35 feet to a point, at Dublin Road station 20 +36.35;
Thence, leaving said centerline, North 74 degrees 26 minutes 16 seconds East, a distance of 40.00 feet to
a point at the intersection of the easterly existing right of way line of said Dublin Road and the northerly
existing right of way line of said Glick Road, said intersection being 35.00 feet left of Glick Road station
50 +40.67;
Thence, along the easterly existing right of way line of said Dublin Road, North 15 degrees 33 minutes 44
seconds West, a distance of 134.65 feet to a point, 40.00 feet right of Dublin Road station 21 +71.00, and
The Point of Beginning of the parcel herein described:
Thence, continuing along said existing right of way line, North 15 degrees 33 minutes 44 seconds West, a
distance of 56.61 feet, to the grantor's northwesterly corner and the southwesterly corner of a 0.373 acre
tract in the name of Larry F. & Catherine A. Burchfield, as recorded in Deed Volume 624, Page 692,
recorder's office, said corner being 40.00 feet right of Dublin Road station 22 +27.61, and being witnessed
by a 5/8 inch rebar (found) at a bearing of South 46 degrees 35 minutes 31 seconds East, and a distance of
0.03 feet;
Thence, leaving said existing right of way line, along said property line, North 75 degrees 58 minutes 04
seconds East, a distance of 25.01 feet to a point 65.00 feet right of Dublin Road station 22 +26.94;
Thence, leaving said property line, through the grantor's tract, South 15 degrees 33 minutes 44 seconds
East, a distance of 55.94 feet to a point, 65.00 feet right of Dublin Road station 21 +71.00;
Thence, continuing through the grantor's tract, South 74 degrees 26 minutes 16 seconds West, a distance
of 25.00 feet to The Point of Beginning and containing 0.032 acres, more or less.
The bearings in the above description are based on the bearing between Delaware County Engineer's
Monuments "97 -006" & "97 -142" being North 72 degrees 52 minutes 25 seconds East, as measured on
the Ohio State Plane Coordinate System, South Zone, 2007 adjustment.
All references being to those of record in the Recorder's Office, Delaware County, Ohio.
Subject to any and all easements, rights of way, conditions and restrictions of record, all legal highways,
zoning ordinances, rules and regulations.
This description was prepared based on an actual field survey by GPD Group dba Glaus, Pyle, Schomer,
Burns, & DeHaven, Inc. performed under the direct supervision of Steven L. Mullaney, Registered
Surveyor #7900, in December, 2013.
Glans, Pyle, Schomer, Burns, & DeHaven, Inc.
of oy� dba GPD Group
C�7 STEVEN Q n
L
MUL
�. tANEY � 1
7000 tevo L. ullane , P.S.
�CYST EM essional Surveyor No. 7900
January 21, 2014
1 ',Cad 1PRODUCTIONIPROJECTS110917.00 Dublin - Dublin & Glick\R0Wllcga1106A 2 docx
GPD Group 1801 Watermark Drive, Suite 150
Glans, Pyle, Schomer, Burns, & Columbus, Ohio 43215
DeHaven, Inc. Phone: 614- 210 -0751 / Fax: 614 -210 -0752
I�
GPD GROUP.
Ssol wa m. 0 mt.% sWe 150
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st4.210.QM Faat4.210A
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A = 8T39'30' LT.
R = 40.00'
L = 61.20'
Ch Brg = S59'23'29 "E
Ch = 55.40
EXHIBIT B
PARCEL 6 -WDV
DUBLIN ROAD & GLICK ROAD
INTERSECTION IMPROVEMENTS
CONCORD TOWNSHIP, V.M.S. 2545,
VILLAGE OF SHAWNEE HILLS,
DELAWARE COUNTY, OHIO
C2
A = 03'24'32' LT.
R = 645.00'
L = 38.38'
Ch Brg = S75'04'30'W
Ch = 38.37
Z
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MUSCA PROPERTIES, LLC.,
AN OHIO LIMITED LIABILITY COMPANY
60043223012000
1.543 ACRES
0.007 ACRES O.R. 399, PG. 62
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0.'ULLANEY
*d-. 5/8' REBAR WITH CAP STAMPED NULLANEY P.S. 7900'
9 5/8' X 30' REBAR INSIDE OF MONUMENT BOX
BASIS OF BEARINGS:
THE BEARINGS FOR THIS SURVEY ARE BASED THE BEARINGS
BETWEEN DELAWARE COUNTY ENGINEER'S MONUMENTS
'97 -006' & '97 -142" BEING N 72'5225' I. AS MEASURED
ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, 2007 ADJUSTMENT.
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