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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. Nu a uuffl im4 v PEE OF .. Burgess & Niple, Inc. YVILLIAM s *° : *£ LEROY a 9 7T G. 3 ' William C. LeRoy, ° �ya ry � L \ ,� \�� Date /I / /IMIeM11N \ \N Registered Professional Surveyor No. 7664 Page 1 of 1 EXHIBIT A PARCEL 7 -P State of Ohio, Franklin County, City of Dublin, VMS No. 2419 -T1 NORTH RASED ON WS 013SIMATKM6 TAKEN ON PROJECT CONTROL 7-P z o 0 20 40 (0.045 ACRES) N :t1 Q THOMAS A. MCDOWELL O PID: 270 - 000076 Instrument No. 200401300022262 4 51.183 Acres O Utility Easement !� City of Dublin y Instrument Number m o 0 200403010043772 to R 6 O 7 B TRUE POINT a• of Dublin OF OF BEGINNING Instrument 20040301004377x_ City of Dublin Instrument Number 200403010043771 RINGS ROAD The County of Franklin 492 Deed Volume 3092. p age ACREAGE BREAKDOWN 0.045 ACRES GROSS 0.000 ACRES (PRIOR EASEMENT OCCUPIED) 1 NOW 31' 40'W 2 N83' 28' 20'2 81.79' 20.00' '00 Of E O ! Niple .�P,.......••.... 3 SOB' 31' 40'E 89.49 does geed Road, Cub mbu., Owo 48220 (014) d61111 4 S2W 09' 17'E 28.88' Swmy for; - S NW 05' 23 8 NSB' OB' 40'W 14.21' 21.49' - L CITY OF DUBLIN 864 • .0 Thomas A. McDOWEL 8TE_ `�1►iL SURVEY OF 1 5- - : m 0.045 Acres /2 -23 WHW I chk WCL 12 -17 -13 soars: SHOWN I Shh 1 1 1 PR50708 EMT A 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. Burgess & Niple, Inc. �� E OF 'p'Si WILLOW LEROY :# William C. LeRoy, Registered Professional Surveyor No. 7664 9 � 7884 �O i Via. '•��6TfP =• ay 'ire._ AL 0�. /Z 23 -Za / Date Page 1 of 1 EXHIBIT A PARCEL 7 —T State of Ohio, Franklin County, City of Dublin, VMS No. 2419 TRUE POINT OF BEGINNING 'T1 O N09M BASED ON CPS OBSERVATIONS TAKEN ON PROJECT CONTROL 7— T Z ® (0.046 ACRES) o 40 N O THO MAS o O PID X76 O Instrument No. 200401300022262 O Utility Easement City of Dublin y � Instrument Number m 0. 200403010043772 N ___ -- � O POINT OF City of ofublin Ci01YI�IENC'EII�ENT 200403010043771 City of Dublin °'- Instrument Number 200403010043771 RINGS ROAD The County of Fronldin peed Volume 3092. Pogo 492 OF ... 1 NW 31' 401N 81.79' ��P(E !O e�s t Ripw 2 NOB' 31' 401A 18.00' a 60»6 Rood Ohio 431121111 4) 3 N83' 28' 20'E 38.00' ? (e "1110-11=0 *' 4 SOB' 31' 40'E- 81.62' a :* tor. s 6 7 see' 09' 17'E• SOT 05' 23W- Nee' 09' 17'W- 32.23' 16.33' 28'66' _ - CITY OF DUBLIN E � : ' a °�aTi:P• a "` Thomas A. McDOWEL 8 NW 31' 40'W • 69.49 a a � 9 Sea' 28' 20'W 20.00' " SURVEY OF IZ-Z$-Ze13 0.046 Acres WHW ' WCL 12 -17 -13 sole. wym sM: 1 Z 1 I PR50708