Ordinance 072-14RECORD OF ORDINANCES
D ayton Legal Blank, Inc.
Ordinance No.
72 -14
Passed
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE
A 0.045 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A
0.046 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM
THOMAS A. MCDOWELL, INDIVIDUALLY AND THOMAS A.
MCDOWELL, TRUSTEE, AT THE PROPERTY LOCATED AT THE
CORNER OR FRANTZ ROAD AND RINGS ROAD FOR THE
RELOCATION OF OVERHEAD UTILITIES UNDERGROUND
ALONG FRANTZ ROAD, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City'l will be relocating overhead electric and
telecommunications utility lines underground along Frantz Road, between Rings Road
and Metro Place South (the "Project'j; and
WHEREAS, said Project requires that the City obtain certain property interest within
Franklin County Parcel No. 270 - 000076 owned by Thomas A. McDowell, Individually
and Thomas A. McDowell, Trustee, each with an undivided 1 /2 interest, (the
"Grantors "), said property interest more fully described and depicted in the Exhibit
labeled "A," 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 Seven Thousand Nine Hundred Ten Dollars
($7,910.00); and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantors.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, AS S- of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.045 acre, more or less, permanent
easement, and a 0.046 acre, more or less, temporary easement for twelve (12)
months, commencing on the date construction begins, from Thomas A. McDowell,
Individually and Thomas A. McDowell, Trustee, each with an undivided 1 /2 interest,
for the appraised value of Seven Thousand Nine Hundred Ten Dollars ($7,910.00),
said property interest located within Franklin County Parcel No. 270 - 000076, and as
more fully described and depicted in the attached Exhibit "A."
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 1�. day of 2014.
;vyor Presiding Officer
ATTEST:
y
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 P �
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 72 -14 - Authorizing the City Manager to execute necessary
conveyance documents to acquire a 0.045 acre, more or less, permanent
easement; and a 0.046 acre, more or less, temporary easement from
Thomas A. McDowell, Individually and Thomas A. McDowell, Trustee, at
the property located at the corner or Frantz Road and Rings Road for the
relocation of overhead utilities underground along Frantz Road, and
declaring an emergency.
Background
The City of Dublin (the "City') will be relocating overhead electric and telecommunications utility
lines underground along Frantz Road, between Rings Road and Metro Place South (the "Project').
The Project will improve utilities and improve economic development.
Thomas A. McDowell, Individually and Thomas A. McDowell, Trustee, each with an undivided 1 /2
interest, (the "Grantors ") own property from which the City desires a permanent easement and a
temporary easement. This property is identified as Franklin County Parcel No. 270 - 000076.
After engaging in amicable negotiations, the City has come to an agreement with the Grantors to
acquire the necessary property interest, pursuant to the terms outlined in this memorandum. This
Ordinance authorizes the settlement of the matter for its appraised value of Seven Thousand Nine
Hundred Ten Dollars ($7,910.00).
Acquisition
The City will be acquiring from the Grantors only the property interest necessary for the
construction of the Project, as depicted in the legal description and depiction attached to this
memorandum. The City will be acquiring this property interest for its appraised value. The
acquisition is detailed below:
Memo re. Ord. 72 -14 - McDowell — Settlement
June 27, 2014
Page 2 of 2
Franklin Countv Parcel No. 270 - 000076
Property Interest
Acquiring
Description
Appraised Value
Permanent Easement
0.045 acre f
$6,750.00
Temporary Easement
0.046 acre f
$1,150.00
Improvement Valuation
Manhole and Cable Vault
$10.00
Total
$7,910.00
Recommendation
Ordinance No. 72 -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 Council dispense with the public hearing and approve
Ordinance 72 -14 at the July 1, 2014 Council meeting in order to finalize settlement with Thomas A.
McDowell, Individually and Thomas A. McDowell, Trustee, and continue moving forward with the
Project.
EXHIBIT A
PARCEL 7 -P
PERMANENT UTILITY, GRADING, AND DRAINAGE EASEMENT
FROM
THOMAS A. MCDOWELL
Situate in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia
Military Survey No. 2419, and being a part of the 51.183 acre tract conveyed to Thomas A.
McDowell (hereafter referred to as Grantor) by Limited Warranty Deed recorded as Instrument
No. 200401300022262 in the Recorder's Office, Franklin County, Ohio, and bounded and
described as follows:
COMMENCING at the intersection of the North Right of Way line of Rings Road and the East
Right of Way line of Frantz Road as recorded in Instrument Number 200403010043771 in the
Franklin County Recorder's Office and being the TRUE POINT OF BEGINNING of the
herein conveyed easement;
THENCE with the East Right of Way line of said Frantz Road as conveyed to the County of
Franklin as described in Deed Volume 3092, Page 492, North 06 31' 40" West for a distance
of 81.79 feet;
THENCE through the Grantor's land the following three (3) courses:
1) North 83° 28 East for a distance of 20.00 feet;
2) South 06° 31 1 40 11 East for a distance of 69A9 feet;
3) South 28 09' 17" East for a distance of 28.66 feet to the North line of a Utility
Easement conveyed to the City of Dublin as recorded in Instrument Number
200403010043772 in the Franklin County Recorder's Office;
THENCE with the North line of said City of Dublin Utility Easement, South 85° 05' 23" West
for a distance of 14.21 feet to the said North Right of Way line of Rings Road;
THENCE with the said North Right of Way of Rings Road, North 56° 06' 40" West for a
distance of 21.49 feet BACK TO THE TRUE POINT OF BEGINNING.
The above described parcel contains 0.045 acres. North based on GPS observations taken on
project control.
This description was prepared in November 2013 under the direct supervision of William C.
LeRoy, P.S., Ohio License Number 7664,
and is based upon surveys performed by Burgess &
Niple, Inc. beginning in October 2010.
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EXHIBIT A
PARCEL 7 -P
State of Ohio,
Franklin County, City of Dublin,
VMS No. 2419
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THOMAS A. MCDOWELL
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PID: 270 - 000076
Instrument No.
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51.183 Acres
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Utility Easement
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City of Dublin
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TRUE POINT
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City of Dublin
Instrument Number
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RINGS ROAD
The County of Franklin 492
Deed Volume 3092. p age
ACREAGE BREAKDOWN
0.045 ACRES GROSS
0.000 ACRES (PRIOR EASEMENT OCCUPIED)
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PARCEL 7 -T
TEMPORARY GRADING AND CONSTRUCTION EASEMENT
FROM
THOMAS A. MCDOWELL
Situate in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia
Military Survey No. 2419, and being a part of the 51.183 acre tract deeded to Thomas A.
McDowell (hereafter referred to as Grantor) by Limited Warranty Deed recorded as Instrument
No. 200401300022262 in the Recorder's Office, Franklin County, Ohio, and bounded and
described as follows:
COMMENCING at the intersection of the North Right of Way line of Rings Road and the East
Right of Way line of Frantz Road as recorded in Instrument Number 200403010043771 in the
Franklin County Recorder's Office;
THENCE with the East Right of Way line of said Frantz Road as conveyed to the County of
Franklin as described in Deed Volume 3092, Page 492, North 06 31' 40" West for a distance
of 81.79 feet to the TRUE POINT OF BEGINNING of the herein conveyed easement;
THENCE continuing with the said East Right of Way line of Frantz Road, North 06° 31' 40"
West for a distance of 15.00 feet;
THENCE through the Grantor's land the following three (3) courses:
1) North BY 28 East for a distance of 35.00 feet;
2) South 06 31 East for a distance of 81.62 feet;
3) South 28 09' 17" East for a distance of 32.23 feet to the North line of an Utility
Easement conveyed to the City of Dublin as recorded in Instrument Number
200403010043772 in the Franklin County Recorder's Office;
THENCE with the North line of said Utility Easement, South 85° 05' 23" West for a distance
of 1633 feet;
THENCE through the Grantor's land the following three (3) courses:
1) North 28° 09' 17" West for a distance of 28.66 feet;
2) North 06 31 West for a distance of 69.49 feet;
3) South 83° 28' 20" West for a distance of 20.00 feet BACK TO THE TRUE POINT
OF BEGINNING.
The above described parcel contains 0.046 acres. North based on GPS observations taken on
project control.
This description was prepared in November 2013 under the direct supervision of William C.
LeRoy, P.S., Ohio License Number 7664, and is based upon surveys performed by Burgess &
Niple, Inc. beginning in October 2010.
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EXHIBIT A
PARCEL 7 —T
State of
Ohio,
Franklin County, City of Dublin,
VMS No. 2419
TRUE POINT
OF BEGINNING
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OBSERVATIONS TAKEN
ON PROJECT CONTROL
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POINT OF
City of ofublin
Ci01YI�IENC'EII�ENT
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City of Dublin °'-
Instrument Number
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RINGS ROAD
The County of Fronldin
peed Volume 3092. Pogo 492
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