Loading...
Ordinance 084-14RECORD OF ORDINANCES Dayton L egal Blank, Inc. 1 0rdinanceNo. a. Passed _ 20 AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.647 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.408 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM NATIONWIDE MUTUAL INSURANCE COMPANY, AT THE PROPERTY LOCATED ON FRANTZ ROAD, IN BETWEEN RINGS ROAD AND BLAZER PARKWAY FOR THE RELOCATION OF OVERHEAD UTILITIES UNDERGROUND ALONG FRANTZ ROAD, AND DECLARING AN EMERGENCY. WHEREAS, 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'l; and WHEREAS, said Project requires that the City obtain certain property interest within Franklin County Parcel No. 273 - 010749 owned by Nationwide Mutual Insurance Company, (the "Grantor"), said property interest more fully described and depicted in the Exhibit labeled "A," attached hereto; and WHEREAS, the City and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary permanent easement for the appraised value of One Hundred Thousand Four Hundred Forty Five Dollars ($100,445.00); and WHEREAS, the Grantor agreed to donate the necessary temporary easement; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor. NOW, ,WEFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section L The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.647 acre, more or less, permanent easement, and a 0.408 acre, more or less, temporary easement for twelve (12) months, commencing on the date construction begins, from Nationwide Mutual Insurance Company, for the appraised value of the permanent easement of One Hundred Thousand Four Hundred Forty Five Dollars ($100,445.00), said property interest located within Franklin County Parcel No. 273 - 010749, 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. ed this /H day of S / 2014. Mayor — Presiding Officer ATTEST: I t nCle f Cou it Office of the City Manager 5200 Emerald Parkway • Dublin, 01-143017-1090 City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager `x%c 6— Date: August 7, 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 84 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.647 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.408 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM NATIONWIDE MUTUAL INSURANCE COMPANY, AT THE PROPERTY LOCATED ON FRANTZ ROAD, IN BETWEEN RINGS ROAD AND BLAZER PARKWAY FOR THE RELOCATION OF OVERHEAD UTILITIES UNDERGROUND ALONG FRANTZ ROAD. Background The City of Dublin (the "City'D 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. Nationwide Mutual Insurance Company, (the "Grantor ") owns property from which the City desires a permanent easement and a temporary easement. This property is identified as Franklin County Parcel No. 273 - 010749. After engaging in amicable negotiations, the City has come to an agreement with the Grantor to acquire the necessary property interest, pursuant to the terms outlined in this memorandum. This Ordinance authorizes the acquisition of the permanent easement for One Hundred Thousand Four Hundred Forty Five Dollars ($100,445.00), which is the appraised value of the permanent easement. The Grantor agreed to donate the temporary easement to the City at no cost. Acquisition The City will be acquiring from the Grantor 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 the permanent easement for its appraised value and accepting the donation of the temporary easement. The acquisition is detailed below: Ord. 84 -14 — Nationwide easements August 7, 2014 Page 2 of 2 Franklin County Parcel No. 273 - 010749 Property Interest Acquiring Description Appraised Value Permanent Easement 0.647 acre f $97,050.00 Temporary Easement 0.408 acre f Donation ($10,200) Improvement Valuation Trees, Lawn, etc. $3,395.00 Total $100,445.00 RECOMMENDATION Ordinance No. 84 -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. 84 -14 by emergency at the August 11, 2014 Council meeting in order to continue moving forward with the Project. EXMIT A PARCEL 1 -P PERMANENT UTILITY, GRADING, AND DRAINAGE EASEMENT FROM NATIONWIDE MUTUAL INSURANCE COMPANY 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 23.695 acre tract deeded to Nationwide Mutual Insurance Company (hereafter referred to as Grantor) by Limited Warranty Deed recorded as Instrument No. 200403260066664 in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows: COMMENCING at the intersection of the South Right of Way line of Paul G. Blazer Memorial Parkway as recorded in OR 20495 page G16 in the Franklin County Recorder's Office and the West Right of Way line of Frantz Road as recorded in Deed Volume 3106, Page 173 in the Franklin County Recorder's Office, said point being the northeast comer of the Grantor's land; THENCE with the North line of the Grantor's land and the South Right of Way line of said Paul G. Blazer Memorial Parkway, South 70° 25 1 09" West for a distance of 20.04 feet to the TRUE POINT OF BEGINNING of the herein conveyed easement; THENCE through the Grantor's land the following two (2) courses: 1) on a non - tangent curve to the right having an ARC LENGTH of 35.09 feet, a RADIUS of 1,839.86 feet, a DELTA ANGLE of 01 ", and a CHORD BEARING of South 15 25 East for a CHORD DISTANCE of 35.09 feet; 2) North 70° 25' 09" East for a distance of 20.07 feet to the West Right of Way line of said Frantz Road; THENCE with the West Right of Way line of said Frantz Road on a non - tangent curve to the right having an ARC LENGTH of 272.83 feet, a RADIUS of 1,859.86 feet, a DELTA ANGLE of 08°24'18 ", and a CHORD BEARING of South 10° 43' 49" East for a CHORD DISTANCE of 272.59 feet; THENCE continuing with the West Right of Way line of said Frantz Road, South 06 31' 40" East for a distance of 744.29 feet, THENCE through the Grantor's land the following twenty six (26) courses: 1) South 85° 05' 23" West for a distance of 39.73 feet; 2) South 04 54 1 37" East for a distance of 16.70 feet to the Permanent Easement conveyed to the City of Dublin as recorded in Instrument Number 199903120062459; 3) with the City of Dublin Permanent Easement on a non - tangent curve to the left having an ARC LENGTH of 40.92 feet, a RADIUS of 1,341.83 feet, a DELTA ANGLE of 01 *44'50 and a CHORD BEARING of South 80 17' 33" West for a CHORD DISTANCE of 40.92 feet; 4) North 39° 14 East for a distance of 34.95 feet; 5) North 06° 31'40" West for a distance of 75.82 feet; 6) North 83° 28 1 20" East for a distance of 35.00 feet; 7) North 06° 31 West for a distance of 133.19 feet; S) South 83 28 West for a distance of 5.00 feet; 9) North 06° 31'40" West for a distance of 40.00 feet; 10) North 83° 28 East for a distance of 5.00 feet; 11) North 06° 31 West for a distance of 56.01 feet; 12) South 83° 28' 20" West for a distance of 15.00 feet; 13) North 06° 31' 40" West for a distance of 20.00 feet; Page 1 of 2 Parcel 1 -P 14) North 83 28 East for a distance of 15.00 feet; 15) North 06° 31' 40" West for a distance of 358.12 feet; 16) South 83 28 West for a distance of 5.00 feet; 17) North 06° 31' 40" West for a distance of 40.00 feet; 18) North 83° 28 East for a distance of 5.00 feet; 19) North 06° 31' 40" West for a distance of 14.62 feet; 20) on a non - tangent curve to the left having an ARC LENGTH of 35.82 feet, a RADIUS of 1,838.86 feet; a DELTA ANGLE of 01 ", and a CHORD BEARING of North 07 05 West for a CHORD DISTANCE of 35.82 feet; 21) South 81° 53 West for a distance of 35.00 feet; 22) North 08° 06 West for a distance of 30.00 feet; 23) North 81° 53' 38" East for a distance of 35.00 feet; 24) on a non - tangent curve to the left having an ARC LENGTH of 97.03 feet, a RADIUS of 1,838.86 feet; a DELTA ANGLE of 03 °01 and a CHORD BEARING of North 10° 05 West for a CHORD DISTANCE of 97.02 feet; 25) North 24 23 West for a distance of 80.04 feet; 26) North 16 18' 58" West for a distance of 59.87 feet to the North line of the Grantor's land and the South Right of Way line of said Paul G. Blazer Memorial Parkway; THENCE with the North line of the Grantor's land and the South Right of Way line of said Paul G. Blazer Memorial Parkway, North 70° 25' 09" East for a distance of 18.45 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.647 acres, of which 0.535 acres is already included in existing easements, for a net easement area of 0.112 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. 14?- Z3-Z413 Date Page 2 of 2 �pS E, OF C Burgess & Niple, Inc. 5.. MLLG41t � * LEROY �; 9 7664 William C. LeRoy, �aamm�ix� Registered Professional Surveyor No. 7664 14?- Z3-Z413 Date Page 2 of 2 State of Ohio, EXHIBIT A PARCEL 1 -P Franklin County, VMS No. 2419 TRUE POINT OF BEGINNING �\ Dro;noge Easement City of Dublin OR 19507, Pg D05 (Exhibit D) i P r E OR - 20' Easement R/W to City of Dublin C ' G * OR 20495, Pg G16 OR 24590. Pg H19 Bike Path Easement City of Dublin C 1 570 2S' 091V Instrument Number C2 Length: 35.09' Radius: 1839.88' Tangent: 17.55' Delta: 1'05'34' Chord: 35.09' 3 N70' 25' 09 C4 Length: 272.83 Radius: 1859.86' Tangent: 138.88' Delta: 8'24'18' Chord: 272.59' 5 SOB' 31' 40'E 6 SW 05' 231* 7 SW 54' 37 C8 Length: 40.92' Radius: 1341.83' Tangent: 20.48' Dena 1'44'50' Chord: 40.92' 9 N3W 14' 49 10 NOB 31' 401* 11 Nei' 28' 20 12 NOB' 31' 401* 13 SOY 28' 201* 14 NOB' 31' 40'W 15 N83' 28' 20 16 NOB' 31' 40'W 17 S8S 28' 201* 18 NOB 31' 401* 19 NWT 28' 20 20 NOB 31' 401* 21 S83' 28' 20V 22 NOB 31' 401* 23 N83' 28' 20'E 24 NOB 31' 40'W C25 Length: 35.62' Radius: 1838.86' Tangent: 17.92' Dena: 1'08'58' Chord: 35.82' 26 S81' 53' 381* 27 NOB 08' 411* 28 N81' 53' 38 C29 Length: 97.03' Radius: 1838.88' Tangent: 48.53 Delta: 3'01'23' Chord: 97.02' 30 N24 23' 001* 31 NIB 19' 581* 32 N7C' 25' 09 20.04' 200212030309465 1 -P S15' 25' 431E (0.847 ACRES) 20.07' y�� City of Dublin, POINT OF COMMENCEMENT OBT Easement OR 06122, Pg J11 OBT Easement Instrument Number 199803060052182 Sewer Easement Village of Dublin OR 06559, Pg D10 0 w D Z N E 15.00 c, Goa , P9 358.12' , ��Ci W 5.00', Q 4 0.0 0 ' �G OBT Easement 5.00' I. „Nr OR 9016, Pg C20 14.62' !n 1g NOT 05' 091N 35.00' 30.00' 35.00' N10' 05' 281* 80.04' 59.87' 18.45' Sanitary Force Main Easement City of Dublin DB 3403, Pg. 904 (May not be in force) NORTH BASED ON CPS OBSERVATIONS TAKEN ON PROJECT CONTROL 10' Easement Columbia Gas of Ohio Deed Volume 3140, Page 695 10' Easement i Dublink Development Company �r Instrument Number 5 199906140151037 2U City of Dublin ACREAGE BREAKDOWN Permanent Easement 0.647 ACRES GROSS Instrument Number 0.535 ACRES (PRIOR EASEMENT 199903120062459 OCCUPIED) !2- Z3-zal3 10' Easement Dublink Development Company Instrument Number 199906140151037 S10 43' 491E 19) 39.73' , NATIONWIDE MUTUAL 16.70' INSURANCE COMPANY PID: 273 - 010749 fey Instrument No. f C 20040326006664 see' 17' 331* 23.695 Acres 34.95' 75.82' 1A City of Dublin Fee 11 35.00' instrument Number 133.19' 5.00' 199903120062458 ®' 40.00' 5 . 00 ' 30' OBT -� 58.01' 15.00' 20.00' Easement OR 111065. Pg 110,, R�OwaYot F�0'�13, 15.00 c, Goa , P9 358.12' , ��Ci W 5.00', Q 4 0.0 0 ' �G OBT Easement 5.00' I. „Nr OR 9016, Pg C20 14.62' !n 1g NOT 05' 091N 35.00' 30.00' 35.00' N10' 05' 281* 80.04' 59.87' 18.45' Sanitary Force Main Easement City of Dublin DB 3403, Pg. 904 (May not be in force) NORTH BASED ON CPS OBSERVATIONS TAKEN ON PROJECT CONTROL 10' Easement Columbia Gas of Ohio Deed Volume 3140, Page 695 10' Easement i Dublink Development Company �r Instrument Number 5 199906140151037 2U City of Dublin ACREAGE BREAKDOWN Permanent Easement 0.647 ACRES GROSS Instrument Number 0.535 ACRES (PRIOR EASEMENT 199903120062459 OCCUPIED) !2- Z3-zal3 EDIT A PARCEL 1 -T TEMPORARY GRADING AND CONSTRUCTION EASEMENT FROM NATIONWIDE MUTUAL INSURANCE COMPANY 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 23.695 -acre tract deeded to Nationwide Mutual Insurance Company (hereafter referred to as Grantor) by Limited Warranty Deed recorded as Instrument No. 200403260066664 in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows: COMMENCING at the intersection of the South Right of Way line of Paul G. Blazer Memorial Parkway as recorded in OR 20495 page G16 in the Franklin County Recorder's Office and the West Right of Way line of Frantz Road as recorded in OR 7343 page E10 in the Franklin County Recorder's Office, said point being the northeast comer of the Grantor's land; THENCE with the North line of the Grantor's land and the South Right of Way line of said Paul G. Blazer Memorial Parkway, South 70° 25' 09" West for a distance of 38.49 feet to the TRUE POINT OF BEGINNING of the herein conveyed temporary easement; THENCE through the Grantor's lands the following twenty three (23) courses: 1) South 16 18 East for a distance of 59.88 feet; 2) South 24° 23' 00" East for a distance of 80.04 feet; 3) on a non - tangent curve to the right having an ARC LENGTH of 97.03 feet, a RADIUS of 1,838.86 feet, a DELTA ANGLE of 03 °01 ", and a CHORD BEARING of South 10° 05 East for a CHORD DISTANCE of 97.02 feet; 4) South 81 53 West for a distance of 35.00 feet; 5) South 08° 06 East for a distance of 30.00 feet; 6) North 81 53' 38" East for a distance of 35.00 feet; 7) on a non - tangent curve to the right having an ARC LENGTH of 35.82 feet, a RADIUS of 1,838.86 feet, a DELTA ANGLE of 01 *06 ", and a CHORD BEARING of South 07° 05' 09" East for a CHORD DISTANCE of 35.82 feet-, 8) South 06° 31' 40" East for a distance of 14.62 feet; 9) South 83 28' 20" West for a distance of 5.00 feet; 10) South 06° 31' 40" East for a distance of 40.00 feet; 11) North 83° 28 East for a distance of 5.00 feet; 12) South 06° 31 East for a distance of 358.12 feet; 13) South 83° 28 West for a distance of 15.00 feet; 14) South 06° 31 East for a distance of 20.00 feet; 15) North 83 28 East for a distance of 15.00 feet; 16) South 06 31' 40" East for a distance of 56.01 feet; 17) South 83° 28'20" West for a distance of 5.00 feet; 18) South 06° 31 East for a distance of 40.00 feet; 19) North 83° 28 East for a distance of 5.00 feet; 20) South 06° 31 East for a distance of 133.19 feet; 21) South 83° 28 West for a distance of 35.00 feet; 22) South 06° 31 East for a distance of 75.82 feet; 23) South 39 14' 49" West for a distance of 34.95 feet to the North line of a permanent easement to the City of Dublin recorded as Instrument Number 1999 03120062459 in the Franklin County Recorder's Office; Page 1 of 2 Parcel 1 -T THENCE continuing with the north line of said City of Dublin easement, on a non - tangent curve to the left having an ARC LENGTH of 2350 feet, a RADIUS of 1,341.83 feet, a DELTA ANGLE of 01 *00'12 ", and a CHORD BEARING of South 78° 55' 02" West for a CHORD DISTANCE of 2350 feet; THENCE through the Grantor's lands the following fifteen (15) courses: 1) North 39° 14 East for a distance of 46.70 feet; 2) North 06 31' 40 "West for a distance of 84.49 feet; 3) North 83° 28' 20" East for a distance of 35.00 feet; 4) North 06° 31'40" West for a distance of 199.20 feet; 5) South 83 28' 20" West for a distance of 15.00 feet; 6) North 06 31 West for a distance of 50.00 feet; 7) North 83° 28 East for a distance of 15.00 feet; 8) North 06° 31'40" West for a distance of 397.74 feet; 9) on a non - tangent curve to the left having an ARC LENGTH of 20.41 feet, a RADIUS of 1,823.86 feet, a DELTA ANGLE of 00°38 and a CHORD BEARING of North 06° 50 West for a CHORD DISTANCE of 20.41 feet; 10) South 81° 53'38" West for a distance of 34.81 feet; 11) North 08° 06' 41" West for a distance of 60.00 feet; 12) North 81° 53 East for a distance of 34.81 feet; 13) on a non - tangent curve to the left having an ARC LENGTH of 79.43 feet, a RADIUS of 1,823.86 feet, a DELTA ANGLE of 02°29'43 ", and a CHORD BEARING of North 10° 18' 06" West for a CHORD DISTANCE of 79.43 feet; 14) North 24 23' 00" West for a distance of 79.41 feet; 15) North 16° 18' 58" West for a distance of 60.08 feet to the North line of the Grantor's land and the South Right of Way line of said Paul G. Blazer Memorial Parkway; THENCE with the North line of the Grantor's lands and the South Right of Way line of Paul G. Blazer Parkway, North 70° 25' 09" East for a distance of 15.02 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.408 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. �cS�PJ E' F C'Syo' -< ` WILLIAM #. c LEROY i *= 9 7ti64 ' /6TEP•'' William C. LeRoy, quiy�n�� Date Registered Professional Surveyor No. 7664 Page 2 of 2 State of Ohio, EXHIBIT A PARCEL 1 -T Franklin County, VMS No. 2419 1 S7W 25' 09'W 38.49' TRUE POINT 2 S18' t8' WE 59.88' OF BEGINNING 3 S24 23' 001E C4 Length: 11 80.04, Drainage Easement 1 9��, City of Dublin Pg DOS Tangent 48.53' (E ibit D) (Exhibit D) Delta: 501'23' i Chord: 97.02' S10' 05' 281E ER 41 5 S81' 53' 38'W 35.00' 10 S88 28' 20'W 11 i R/W to City of Dublin 20' Easement C G OR 20495, Pg G16 .. &E. OR 24590, Pg H19 B SOB' 06' 41 7 N81' 53' 38 CS Length: 35.82' 20.00' Rodius: 1838.85' 15.00' Tangent 17.91' 56.01, 5,00 Delta: 1'0 §'58' 40.00' Chord: 35.82' 9 SOW 31' 40 10 S88 28' 20'W 11 SOB' 31' 40 12 N83' 28' 20'E 13 SOW 31' 40 14 SU 28' 201N 15 SW 31' 40 15 NSY 28' 20 17 SOB' 31' 40 18 S83' 28' 20'W 19 SOB' 31' 40 20 N83' 28' 20 21 SOB' 31' 40 22 S83' 28' 20'W 23 SOB' 31' 40 24 S3r 14' 49'W C25 Length: 23.50' Radius: 1341.83' Tangent 11.75' Deno: 10012' Chord: 23.50' 25 N39' 14' 49 27 NOT 31' 40'W 28 NU 28' 20 29 NOT 31' 40'W 30 S83' 28' 20'W 31 NOB' 31' 40'W 32 NOT 28' 20 33 NOB' 31' 40'W C34 Length: 20.41' Radius: 1823.85' Tangent: 10.21' Dena: 0'38'28' Chord: 20.41' 35 S81' 53' 381N 36 NOB' 06' 411N 37 N81' 53' 38 C38 Length: 79.43' Radius: 1823.85' Tangent: 39.72' Delta: r29 Chord: 79.43' 39 1424' 23' WIN 40 N18' 18' 58'W 41 N70' 25' 09 30,00 Bike Path Easement 35,00 City of Dublin Instrument Number 200212030309465 S0 7' 05' 091E 1 _T 14.52' (0.408 ACRES) 5.00' City of Dublin, 40.00' 5.00' 10' Easement 1 358.12' Dublink Development Company@ Instrument Number 15.00' 199906140151037 20.00' 15.00' ' 56.01, 5,00 3 NATIONWIDE MUTUAL 40.00' INSURANCE COMPANY 5.00' PID: 273 - 010749 133.19' tB Instrument No. 75 75.82' 20040326006664 34, 23.695 Acres to City of Dublin Fee Instrument Number 199903120062458 S78' 55' 02'W 46.70' C26 30' OBT 35 :0. 199.20' Easement PR 65, 9 110 �py�a�� 15.00' �'' Ra°"._ at 50�: �� " AS. P9 \C GS i CNN 397.74' �� OBT Easement OR 9016, Pg C20 NOT 50' 541A 34.81' 80.00' 34.81' NI V 18' 79.41' 60.08' 15.02' 2U City of Dublin Permanent Easement Instrument Number 199903120062459 POINT OF COMMENCEMENT OBT Easement OR 06122, Pg 111 OBT Easement Instrument Number 199803060052182 Sewer Easement Village of Dublin OR 06559, Pg D10 'Sanitary Force Main Easement City of Dublin DB 3403. Pg. 904 (May not be in force) V g NORM BASED ON ars ' o OBSEWATONS TA MN a� ON PROJECT CONTROL o nao zoo 10' Easement Columbia Gas of Ohio Deed Volume 3140, Page 695 • 10' Easement Dublink ,Development �r Instrument Number I S 199906140151037 I2 - -?013