Ordinance 040-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Forth No. 30043
Ordinance No.
40 -14
Passed 20
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A
0.033 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A
0.046 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM
CYNTHIA S. TAWNEY, FOR THE PROPERTY LOCATED AT 20
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, Cynthia S. Tawney owns the property with the commonly known address
of 20 Longview Drive, parcel number 273 - 000193, 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 Cynthia S. Tawney, 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, ' a ,, 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.
(Zor — Presiding Officer
ATTEST:
Clerk of Council
I cityof Dublin
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager\st
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 40 -14 — Authorizing the Appropriation of a 0.033 Acre, More or Less,
Permanent Easement; and a 0.046 Acre, More or Less, Temporary Easement from
Cynthia S. Tawney for the Property Located at 20 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 Cynthia Tawney (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 - 000193
Parcel 31
Permanent Easement 0.033 f acres
Temporary Easement 0.046 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 40 -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
1 u P 1
CIP os-M
PARCEL 31 -P
PROJECT DUBLIN MUP
version Date 11+01/13
PARCEL 31 -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 LONGVIEW ADDITION,
as recorded in Plat Book 23, Page 1, and as conveyed to Cynthia Tawney, by deed of record in
Official Record 10581 J20, records of the Recorder's Office, Franklin County, Ohio, and being
more particularly described as follows:
Beginning at an iron pin found marking the northeast comer of said Lot 1 in the existing
westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline station 162 +14.16;
Thence South 20 deg. 47 min. 05 sec. West, a distance of 180.31 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 160+33.82;
Thence North 85 deg. 15 min. 34 sec. West, a distance of 8.32 feet along the southerly
line of said Lot 1, to a point being 38.00 feet left of centerline station 160+31.52;
Thence North 20 deg. 47 min. 05 sec. East, a distance of 180.33 feet across said Lot 1 to
a point in the northerly line of said Lot 1, being 38.00 feet left of centerline station 162 +11.85;
Thence South 85 deg. 07 min. 37 sec. East, a distance of 8.32 feet along the northerly line
of said Lot 1, to the Point of Beginning, containing 0.033 acres, more or less.
Of the above described area, 0.033 acres are contained within Franklin County Auditor's
Parcel 273- 000193.
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 Official Record 10581 J20, of the
Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
r •`•�.�E OF 0•, STANTEC CONSULTING SERVICES, INC.
* STEVEN
E. Registered Surveyor No. 7191 Date
RADER
71.81�_v� =0
• �� • '••,,SS�ONAI. +••,,•
30 O ROSLYN JANE TURNER & PARCEL 31 -P
LAURENCE K. WATKINS DUBLIN ROAD SOUTH
273 - 000181 MULTI -USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
rg 0 40 8o
•• PORTION OF THE PROPOSED EASEMENT P' E OF 0V), �i SCALE IN FEET
LYING WITHIN AN EXISTING EASEMENT � • .o •. �/� ��•� Prepared By
BASIS OF BEARINGS * t ST EVEN "• * Stantec Consulting Services, Inc.
THE PROJECT BEARING DATUM IS BASED U i ra Y ti 1500 Lake Shore Drive, Suite 100
f
STATE PLANE GRID BEARINGS FROM THE OH RADER Columbus, Ohio 43204
COORDINATE SYSTEM, SOUTH ZONE, NAD 83 °�
(86), USING THE BEARING OF S 20'27'34" W X�7181 •0 r Ph (614) 486 -4383
AS DERIVED FROM A GPS SURVEY OCCUPYING /•• "•.;
"FRANK N 3 "O AND FCGS ENGIN
66 2 RESET- �� ° ��SS "ONA1. " � Registered Surveyor 19 // Dat
EXHIBIT B
NUMBER
DIRECTION
DISTANCE
MONUMENT EGEND
Z R.R.S. FOUND
L1
S 20'47'05" W
180.31'
L2
N 85'15'34" W
8.32'
-A
O REBAR FOUND
L3
N 20'47'05" E
180.33'
O IRON PIN FOUND
L4
S 85'07'37" E
8.32'
® MONUMENT BOX
• 3/4" IRON PIN SET
\
SOUTH CIVIC
\
ADDITION
P.B. 22, PG, 71
LOT 7
X
\
�\
LONGVIEW
ADDITION
P.B. 23, PG. 01
PT OF LOT I
\
\ LOT 8
�x
31 CYNTHIA TAWNEY
C
273- 000193
\ o
O.R. 10581 J20
N LO
\X
\
0
m°
31 0.033 ACRES
A
_P (•" 0.002 ACRES)
I
W N
?'
30
32
\
\ \
\
\
160 +31.52
162 +11.85\
38.00 LT.
38.00' LT.
PERM. ESMT. L3
r >t
Lt EX. R/W
I.P.F.
160+33.82
162 +116
4.
30.00' LT.
30.00' LT. MPOINT OF
BEGINNING
160 +00
161+0 CITY OF DUBLIN
162 +00
N 20'47'05" E
DUBLIN ROAD WASHINGTON TWP. C/L R/W
30 O ROSLYN JANE TURNER & PARCEL 31 -P
LAURENCE K. WATKINS DUBLIN ROAD SOUTH
273 - 000181 MULTI -USE PATH
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
rg 0 40 8o
•• PORTION OF THE PROPOSED EASEMENT P' E OF 0V), �i SCALE IN FEET
LYING WITHIN AN EXISTING EASEMENT � • .o •. �/� ��•� Prepared By
BASIS OF BEARINGS * t ST EVEN "• * Stantec Consulting Services, Inc.
THE PROJECT BEARING DATUM IS BASED U i ra Y ti 1500 Lake Shore Drive, Suite 100
f
STATE PLANE GRID BEARINGS FROM THE OH RADER Columbus, Ohio 43204
COORDINATE SYSTEM, SOUTH ZONE, NAD 83 °�
(86), USING THE BEARING OF S 20'27'34" W X�7181 •0 r Ph (614) 486 -4383
AS DERIVED FROM A GPS SURVEY OCCUPYING /•• "•.;
"FRANK N 3 "O AND FCGS ENGIN
66 2 RESET- �� ° ��SS "ONA1. " � Registered Surveyor 19 // Dat
EXHIBIT A
PARCEL 31 -T
DUBLIN ROAD SOUTH MULTI -USE PATH
TEMPORARY EASEMENT
TO PERFORM MINOR GRADING
101`2
CB' 08.009
PARCEL 31 -T
PROJECT DUBLIN MUP
Venion Daft 05/18/12
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of Lot I of the subdivision entitled LONGVIEW ADDITION,
as recorded in Plat Book 23, Page 1, and as conveyed to Cynthia Tawney, by deed of record in
Official Record 10581 J20, 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 comer of said Lot 1
in the existing westerly right -of -way line of Dublin Road, being 30.00 feet left of centerline
station 162 +14.16;
Thence North 85 deg. 07 min. 37 sec. West, a distance of 8.32 feet along the northerly
line of said Lot 1 to the Point of True Beginning of the herein described parcel, being 38.00 feet
left of centerline station 162 +11.85;
Thence South 20 deg. 47 min. 05 sec. West, a distance of 180.33 feet across said Lot 1 to
a point in the southerly line of said Lot 1, being 38.00 feet left of centerline station 160+31.52;
Thence North 85 deg. 15 min.'34 sec. West, a distance of 50.00 feet along the southerly
line of said Lot 1, and along the existing northerly right -of -way line of Longview Drive, to a
point being 86.05 feet left of centerline station 160+17.70;
Thence the following five (5) courses and distances across said Lot 1;
1. Thence North 04 deg. 44 min. 26 sec. East, a distance of 10.00 feet to a point being
88.82 feet left of centerline station 160+27.31;
2. Thence South 85 deg. 15 min. 34 sec. East, a distance of 45.59 feet to a point being
45.00 feet left of centerline station 160 +39.91;
3. Thence North 20 deg. 47 min. 05 sec. East, a distance of 159.54 feet to a point being
45.00 feet left of centerline station 161 +99.45;
4. Thence North 85 deg. 07 min. 37 see. West, a distance of 30A3 feet to a point being
74.27 feet left of centerline station 161 +91.11;
5. Thence North 06 deg. 19 min. 21 sec. East, a distance of 10.00 feet to a point in the
northerly line of said Lot 1, being 76.77 feet left of centerline station 162+00.79;
Thence South 85 deg. 07 min. 37 see. East, a distance of 40.31 feet to the Paint of True
Beginning, containing 0.046 acres, more or less.
EXHIBIT A
2or2
CIP 08-009
PARCEL 31 -T
PROJECT DUBLIN MUP
Version Date 05118/12
Of the above described area, 0.046 acres are contained within Franklin County Auditor's
Parcel 273-000193.
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 Official Record 10581 J20, of the
Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
.•` (E OF O •.
STANTEC CONSULTING SERVICES, INC.
•• P,.
* : STEVEN * �?
RADER
Registered Surveyor No. 7191 Date
o'• 7191
. �O.o•'QFCr3TEE!�o
','��''
��
�SS�ONAI
guQ'.•.
NUMBER DIRECTION DISTANCE
Ll S 20 W 180.33'
L2 N 85'15'34" W 50.00'
L3 N 04'44'26" E 10.00'
L4 S 85'15'34" E 45.59'
NUMBER
L5
DIRECTION DISTANCE -A
N 20'47'05" E 159.54'
N 85 W 30.43'
N 06'19'21" E 10.00'
S 85'07'37" E 40.31'
N 85'07'37" W 8.32'
L6
L7
L8
L9 I
�
1
\
SOUTH CIVIC
\
\
ADDITION
E
P ' B. 22. PG. 71
LOT 7
K
`
�
LONGVIEW
ADD ^TION
w
P.B. 23. PG. OI
_�
PT OF LOT 1
2
\
LOT 8 N
\
= o
�o
C \
1 z
31
CYNTHIA TAWNEY
r
273- 00
u+
\�
w ^
�
160 +17.70
O.R. 10581 581 J20
�
cv
tsy
�
86.05 LT.
\
32
\\ \\
160 +27.31
v
88.82 LT.
31 0.046 ACRES
\
162 +00.79
70
L3
(•• 0.009 ACRES)
76.77 LT.
f
161 +91.11
74.27' LT. LT \
160 +39.91
161 +99.45
\
45.00' LT.
45.00' LT. r o+
TEMP. ESMT. _ L5
tO 1
L 1
EX. R/W 162+11.85 — �
30.00' 0.00' LT.
I.P.F. '
160 +31.52
38.00' LT.
31
\ -P I
38.00' LT.
BEGIN FOR
POINT OF
REFERENCE
160±00
DUB�L�N .�D
CITY OF DUBLIN
\
BEGINNING
N 20'47'05" E
-\
ORIG. TANGENT C/L
` `
WASHINGTON TWP.
162 +00
EX. R W
30 ROSLYN JANE TURNER & PARCEL 31 -T
LAURENCE K. WATKINS MONUMENT LEGEND DUBLIN ROAD SOUTH
273 - 000181 a R.R.S. FOUND MULTI -USE PATH
0 REBAR FOUND CITY OF DUBLIN. FRANKLIN COUNTY, OHIO
0 IRON PIN FOUND
0 40 so
® MONUMENT BOX
•• PORTION OF THE PROPOSED EASEMENT 0 3/4" IRON PIN SET SCALE IN FEET
ti LYING WITHIN AN EXISTING EASEMENT
Prepared By
A E .. F
TH E I ROJECT G DATUM IS BASED UPON STATE 0� STEVEN i Stontec Consulting Services, Inc.
PLANE GRID BEARINGS FROM THE OHIO COORDINATE p E. a 1
umtws Drive Suite 100
Oho 43204
SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED . 9: RADER Phone: (614) 486 -4383
e USING G.P.S. METHODS THROUGH THE FRANKLIN 0 ° ;.9 7181 ' >°
COUNTY ENGINEER'S STATIONS "FRANK 73 AND ?_ F' s76��o ��` Imp
"FCGS 6642 RESET = s ••... • oQ ,d lCLi�G S ZZ /?i
Registered Surveyor #7191 Dote