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Ordinance 074-14RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No, 30043 74 -14 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.020 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM THOMAS T. FOX AND JANE E. FOX FOR THE PROPERTY LOCATED AT 6199 DUBLIN ROAD FOR THE CONSTRUCTION OF A SHARED -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path along Dublin Road (the "Project'j; and WHEREAS, said Project requires that the City obtain certain property interest within Franklin County Parcel No. 273 - 011777 owned by Thomas T. Fox and Jane E. Fox (the "Grantors "), 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 properly interest for the sum of Four Hundred Dollars ($400.00); 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, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.020 acre, more or less, temporary easement for two (2) years, commencing on the date construction begins, from Thomas T. Fox and Jane E. Fox, for the sum of Four Hundred Dollars ($400.00), said property interest located within Franklin County Parcel No. 273- 011777, and as more fully described in the attached Exhibit "A" and depicted in the 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. I Passed this day of �� ±f S 2014. M or — Presiding Offs er ATTEST / ' ! n Clerk Counc' I Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager4Qkr Date: August 7, 2014 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Michael S. Sweder, PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director Memo Re: ORDINANCE 74 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.020 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM THOMAS T. FOX AND JANE E. FOX FOR THE PROPERTY LOCATED AT 6199 DUBLIN ROAD FOR THE CONSTRUCTION OF A SHARED - USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT, AND DECLARING AN EMERGENCY. Background The City of Dublin (the "City's is preparing to construct a shared -use path along Dublin Road (the "Project'. The City is obtaining permanent easements from various property owners to construct the path, as well as also acquiring temporary easements to perform minor grading and construction. Thomas T. and Jane E. Fox (the "Grantors ") own property from which the City desires a temporary easement. This property is located at 6199 Dublin Road, Dublin, Ohio 43017 and is identified as Franklin County Parcel No. 273 - 011777. After engaging in amicable discussions, the City has come to an agreement with the Grantor to acquire the property for the appraised value of Four Hundred Dollars ($400.00), pursuant to the terms outlined in this memorandum. Acquisition The City will be acquiring from the Grantor 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. 74 -14 - Thomas and Jane Fox August 7, 2014 Page 2 of 2 Franklin County Parcel No. 273 - 011777 Property Interest Acquiring Description Appraised Value Temporary Easement 0.020 acre f $400.00 Total $400.00 Recommendation Ordinance No. 74 -14 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interest described above. Staff recommends that Council dispense with the public hearing and approve Ordinance No. 74 -14 by emergency at the August 11 Council meeting in order to continue moving forward with the Project. EXMBIT A loft CIP 08-M PARCEL 40-T PROJECT DUBLIN MUP VasionDate 12/12/13 PARCEL 40 -T DUBLIN ROAD SOUTH MULTI -USE PATH TEMPORARY EASEMENT TO RECONSTRUCT A DRIVE Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 2542, being a part of that 1.318 acre tract as conveyed to Thomas T. and Jane E. Fox, by deed of record in Instrument Number 201311010183828, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at the southeast corner of said Fox 1.318 acre tract in the existing westerly right -of -way line of Dublin Road, being 33.00 feet left of centerline station 171 +09.93; Thence North 56 deg. 44 min. 29 sec. West, a distance of 39.98 feet along the southerly line of said Fox 1.318 acre tract to a point being 63.00 feet left of centerline station 171 +36.35; Thence North 20 deg. 05 min. 05 sec. East, a distance of 21.16 feet across said Fox 1.318 acre tract to a point being 53.00 feet left of centerline station 171 +55.00; Thence North 81 deg. 52 min. 54 sec. East, a distance of 20.00 feet across said Fox 1.318 acre tract to a point in the existing westerly right -of -way line of Dublin Road, and in the easterly line of said Fox 1.318 acre tract, being 33.00 feet left of centerline station 171 +55.00; Thence South 08 deg. 07 min. 06 sec. East, a distance of 45.07 feet along the existing westerly right -of -way line of Dublin Road, to the Point of Beginning, containing 0.020 acres, more or less. Of the above described area, 0.020 acres are contained within Franklin County Auditor's Parcel 273- 011777. 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 Instrument Number 201311010183828, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof 0 QF "'••,, STANTEC CONSULTING SERVICES, INC. ,.,,.. »...,Oy •,,� O- tk r • 8TEVEN % i * �i �+� /r+/I� / � RARER ' Registered Surveyor No. 7191 Date = 711 f• _ y��DIVAI .��•`• EXHIBIT B 1 39 / ,LANE E. FOX 2 .8 - 001935 0.807 ACRES.,,,,/ I.N. 2002071 172396 +o f 40 TEMP. ESMT. 40 THOMAS T. & JANE E. FOX 273 -- 011777 1.318 ACRES I.N. 201311010183828 z M I• �n o� 0 0 M 0 N 41 0.020 ACRES �t — — — — -- - -° N 56'44'29" W EX. R/W � N 20'05'05" E 1+09.93 L3 N 81'52'54" E 20.00' 33.00' LT. V S 08'07'06" E 45.07' o 7191 a ^ 9.^ ,moo: +00 172 +00 173 +00 174 +00 DUBLIN R AO D _ N 08'07'06" w POGINNING INT OF Registered Surveyor /7191 Dole ORIG. TANGENT C/L BE [„ - -- -- -- EX. R /W -- -- W E-4 I o I NUMBER DIRECTION DISTANCE L1 N 56'44'29" W 39.98' L2 N 20'05'05" E 21.16' L3 N 81'52'54" E 20.00' L4 S 08'07'06" E 45.07' MONUMENT LEGEND PARCEL 40 -T Z R.R.S. FOUND DUBLIN ROAD SOUTH 0 REBAR FOUND MULTI -USE PATH 0 IRON PIN FOUND CITY OF DUBLIN, FRANKLIN COUNTY, OHIO O R/W MONUMENT FD 0 B0 100 • 3/4" IRON PIN SET SCALE IN FEET Prepored By BASIS OF BEARINGS I " ,I'�1 .•.oF o __ p' Inc. ' S U Dr l iNe THE PROJECT BEARING DATUM IS BASED UPON STATE $`4`y STEVEN % o ` Loke '; P f" 00 Shore Suite 100' PLAN GRID BEARINGS FROM THE OHIO COORDINATE e ; E. x � � Columbus, Ohio 43204 r, SYSTEM, SOUTH ZONE, NAO 83 (86), AS MEASURED : RADER J O c" Ph (614) 486 - 4383 USING G.P.S. METHODS THROUGH THE FRANKLIN "FRANK ", o 7191 a ^ 9.^ ,moo: COUNTY ENGINEER'S STATIONS 73 AND "EGGS 6642 RESET ". C `= FSS' %: . - 1 Registered Surveyor /7191 Dole