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Ordinance 068-14RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30 Ordinance No. 68 -14 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.027 ACRE, MORE OR LESS, PERMANENT EASEMENT FROM THOMAS W. GOSIOROWSKI AND LINDA A. GOSIOROWSKI, AT THE PROPERTY LOCATED AT 8846 LOCHERBIE COURT, FOR THE CONSTRUCTION OF A SHARED -USE PATH AS PART OF THE MUIRFIELD DRIVE BIKE LANES PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City ") is constructing bike lanes, a shared -use path, and pedestrian bridges along Muirfield Drive as part of the Muirfield Drive Bike Lanes Project (the "Project'j; and WHEREAS, said Project requires that the City obtain a permanent easement from Thomas W. Gosiorowski and Linda A. Gosiorowski (the "Grantors ") at 8846 Locherbie Court, identified as Delaware County Parcel No. 600 - 343 -05- 092 -000, said property interest more fully described in Exhibit "A" and depicted in Exhibit "B," all attached hereto; and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the appraised value of Three Thousand Two Hundred Thirty-Five Dollars ($3,235.00); and rl WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantors. NOW, TH�REFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.027 acre, more or less, permanent easement from Thomas W. Gosiorowski and Linda A. Gosiorowski, for the appraised value of Three Thousand Two Hundred Thirty-Five Dollars ($3,235.00), said property interest located within Delaware County Parcel No. 600 - 343 -05- 092 -000, 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. The ordinance shall therefore take effect immediately upon passage. Passed this day of 2014. ayor — Presiding Officer ATTEST: Passed .20 Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 l y of Dublin Phone: 614 -410 -4400 • Fax: 614 -410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager ll?yxel Date: June 27, 2014 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Kenneth B. Richardson, PE, Engineering Manager - Design Philip K. Hartmann, Assistant Law Director Memo Re: ORDINANCE 68 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.027 ACRE, MORE OR LESS, PERMANENT EASEMENT FROM THOMAS W. GOSIOROWSKI AND LINDA A. GOSIOROWSKI, AT THE PROPERTY LOCATED AT 8846 LOCHERBIE COURT, FOR THE CONSTRUCTION OF A SHARED -USE PATH AS PART OF THE MUIRFIELD DRIVE BIKE LANES PROJECT, AND DECLARING AN EMERGENCY. Background The City of Dublin (the "City's is constructing bike lanes, a shared -use path, and pedestrian bridges along Muirfield Drive as part of the Muirfield Drive Bike Lanes Project (the "Project'. Thomas W. Gosiorowski and Linda A. Gosiorowski (the "Grantors ") own property from which the City desires a permanent easement for the construction of the shared -use path. This property is located at 8846 Locherbie Court and is identified as Delaware County Parcel No. 600- 343- 05 -092- 000. After engaging in amicable discussions, the City has come to an agreement with the Grantors to acquire the property pursuant to the terms outlined in this memorandum. This Ordinance authorizes the settlement of the matter for the appraised value of Three Thousand Two Hundred Thirty-Five Dollars ($3,235.00). Acquisition The City will be acquiring from the Grantors only the property interest necessary for purposes of the Project, as depicted in the legal description and depiction attached to this memorandum. The property interest is detailed below. Memo re. Ord. 68 -14 - Gosiorowski Settlement June 27, 2014 Page 2 of 2 Delaware Countv Parcel No. 600 - 343 -05- 092 -000 Property Interest Acquiring Description Appraised Value Permanent Easement 0.027 acre f $3,235.00 Total $3,235.00 Recommendation Ordinance No. 68 -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 that Council dispense with the public hearing and approve Ordinance 68 -14 by emergency at the July 1, 2014 Council meeting in order to finalize settlement with Thomas W. Gosiorowski and Linda A. Gosiorowski and continue moving forward with the Project. Exhibit A Parcel 0=34305092000 Permanent Easement for Mittles, Storm Drainage, and Grading 0.027 acres Situated In the State of Ohio, County of Delaware, My of Dublin, being in Virginia Military Survey Number 2545 and 5162 being Lot 755 of the Muirfield Village Phase 14 Subdivision as delineated in Plat Book 15, Page 153 and conveyed to Thomas W. and Undo A. Goslorowskl, all records herein are from the Recorder's Office, Delaware County, Ohio and being more particularly described as follows: Beginning at 314" diameter iron pipe at the intersection of the west Right of Way of Muirfield Drive (variable Right of Way width - Plat Book 12, Pages 6 -8, Delaware County & Plat Book 49, Pages 81-83, Franklin County) and the northerly line of said Lot 755, said point being the Point of Beginning; Thence, South 37 °41'06" West, a distance of 119.00 feet, along the west Right of Way of said Muirfleld Drive to the southerly line of said Lot 755; Thence, North 38 °3627" West, a distance of 10.00 feet, along the southerly line of said Lot 755 to a point; Thence, North 37 °3327" East, a distance of 117.32 feet, crossing and to the northerly line of said Lot 755; Thence, South 48 °2248" East, a distance of 10.00 feet, along the northerly line of said Lot 755 to the Point of Beginning, containing 0.027 acres, more or less, subject to legal highways, easements, leases and restriction of record and of records In the respective utility offices. The bearings described herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (CORS96). Note that parcel Is located in North Zone, however, the overall project is in South Zone and used for the Construction Documents. Said bearings originated from afield traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The described 0.027 acre tract is a part of Auditor's Tax Parcel Number 60034305092000 and is based on Plat Book 15, Page 153. I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in May 2014 and to the best of my knowledge depicts the boundary Imes. CW Design Group, LLC so &s OP . 06/0512014 A 1 Charles A. Wagner - Professional Surveyor 8091 Date k4-.4-t: �bO'�'. 0 30 N 1 SYMBOL LEGEND @P F. IRON PIPE FOUND PERMANENT EASEMENT 0.027 ACRES �b \ s S48'22'48'E 1 Jam` THOMAS W GOSIOROWSIO & LINDA A GOSIOROWSIO LOT 755 80034305092000 GEORGE DANIEL SCHRCWS & ELAINE D SCHREWEIS TRUSTEES OR 1248, PG 1234 / LOT 756 GOD34305MODO / P. F. TIM N DORAN & MARY JO DORAN LOT 754 80034305093000 : 0 - N38 10.00' P. F. POINT OF BEGINNING VIRGINIA MILITARY NUMBER 2545 & 5162 CITY OF DUBLIN COUNTY OF DELAWARE STATE OF OHIO BASIS OF BEARINGS THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83 (COBS). HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY �,d"'" OF" CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY ��........ GUIDANCE IN MAY 2014 AND TO THE BEST OF MY 4 4b : "•.�O cNam KNOWLEDGE DEPICTS THE BOUNDARY LINES i A � : RABBI ✓' � 06/05/2014 U.17 0`T 60 -- g , � i CHARLES A. WAGNER, PS -8091 DATE p NA` CW DESIGN GROUP. LLC .. 13 -0042 b c PARCEL #60034305092000 PHONE 614 - 1146.9279 PERMANENT EASEMENT 972 UrMold Drive FOR UTILITIES, STORM DRAINAGE, AND Wonhington, Ohio 4M I GRADING 06 /05/2014 E Exhibit B