Ordinance 098-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No 30043
Ordinance No.
98 -14
Passed .20
CONVEYANCE DOCUMENTS TO ACQUIRE A 0.045 ACRE, MORE
OR LESS, PERMANENT EASEMENT AND A 0.052 ACRE, MORE
OR LESS, TEMPORARY EASEMENT FROM ADAM P. JOHNSON,
FOR THE PROPERTY LOCATED AT 5851 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'); and
WHEREAS, said Project requires that the City obtain certain property interest within
Franklin County Parcel No. 270 - 000304 owned by Adam P. Johnson (the "Grantor "),
said property interest more fully described in the Exhibits labeled "A" and depicted in
the Exhibits labeled "B," all 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 property
interest for the sum of Five Thousand Nine Hundred Fifty Dollars ($5,950.00); and
WHEREAS, the City has agreed to pay for 100% of the costs associated with the
removal of the existing septic tank, and the design, permitting, and installation of a
new discharge aeration system, estimated to cost approximately Fourteen Thousand
Five Hundred Dollars ($14,500.00); and
WHEREAS, the City will review and approve the cost estimate provided by the
contractor prior to the beginning of the work on the discharge aeration system; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Grantor.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, :,j 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, as well as a 0.052 acre, more or less, temporary easement for two (2)
years, commencing on the date construction begins, from Adam P. Johnson, for the
sum of Five Thousand Nine Hundred Fifty Dollars ($5,950.00), said property interest
located within Franklin County Parcel No. 270 - 000304, and more fully described and
depicted in the attached Exhibits "A" and "B."
Section 2. The City Manager is hereby authorized to pay for 100% of the costs
associated with the removal of Grantor's existing septic tank, and the design,
permitting, and installation of a new discharge aeration system.
Section 3. 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 f . 2014.
J
)or — Presiding (Officer
A
'IL 4.C_
Cler of CoqAcil
4J
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
Memo
To: Members of Dublin City Council
From: Marsha I. Grigsby, City ManagerX`
Date: September 18, 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
Re: Ordinance 98 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.045 ACRE,
MORE OR LESS, PERMANENT EASEMENT AND A 0.052 ACRE, MORE OR
LESS, TEMPORARY EASEMENT FROM ADAM P. JOHNSON, FOR THE
PROPERTY LOCATED AT 5851 DUBLIN ROAD FOR THE CONSTRUCTION
OF A SHARED -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3
PROJECT, AND DECLARING AN EMEGENCY.
BACKGROUND
The City of Dublin ( "City ") is preparing to construct a shared -use path along Dublin Road (the
"Project'j. The City is obtaining certain permanent property interests from various landowners to
construct the path, as well as also acquiring temporary easements to perform minor grading and
construction.
Adam P. Johnson (the "Grantor'l owns property from which the City desires a permanent
easement and a temporary easement. This property is located at 5851 Dublin Road, Dublin, OH
43017 and is identified as Franklin County Parcel No. 270 - 000304. This property presented a
unique situation because the Grantor's septic system is located in front of the residence and
directly under the proposed shared -use path and stone walls. Due to the size and configuration of
the Grantor's property, relocating the septic system was not a viable option.
After engaging in amicable discussions, the City has come to an agreement with the Grantor to
settle the matter for Five Thousand Nine Hundred Fifty Dollars ($5,950.00). Additionally, the City
has agreed to pay 100% of the costs associated with the removal of the existing septic system, as
well as the design, permitting, and installation of a new discharge aeration system, which is
estimated to cost Fourteen Thousand Five Hundred Dollars ($14,500.00). The City will review the
cost estimate prior to the start of the work.
This settlement value includes the acquisition of the property for the appraised value of Four
Thousand Five Hundred Dollars ($4,500.00), plus additional associated costs to the Grantor
pursuant to the terms outlined below. Those costs include Six Hundred Fifty Dollars ($650.00)
towards 1 future pump, Six Hundred Dollars ($600.00) towards 2 years of service for the new
system, and Two Hundred Dollars ($200.00) towards a two -day hotel stay for the time during
which Grantor's septic system will be out of service.
Memo re. Ord. 98 -14 - Adam P. Johnson property
September 18, 2014
Page 2 of 2
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 exhibit attached to this memorandum. The
property interest is detailed below:
Franklin County Parcel No. 270 - 000304
Property Interest
Acquiring
Description
Appraised Value
Per negotiation
Permanent Easement
0.045 acre f
$2,400.00
Temporary Easement
0.052 acre f
$1,100.00
Improvement
Valuation
Bushes, Shrubs, etc.
$1,000.00
N/A
Future Septic System Costs
$600.00
N/A
Future Pump
$650.00
N/A
2 -Day Hotel Stay
$200.00
TOTAL
$4,500.00
$5,950.00
RECOMMENDATION
Ordinance No. 98 -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. 98 -14
by emergency at the September 22 Council meeting in order to continue moving forward with the
Project.
I oft
C1P 08-M
PARCEL 20-P
PROJECT DUBLIN MUP
venronDaTe 11/01/13
PARCEL 20-P
DUBLIN ROAD SOUTH MULTI -USE PATH
PERPETUAL EASEMENT
FOR UTHXIUS, GRADING, and a MULTI -USE PATH
Situate in the State of Ohio, County of Franklin, Washington Township, located in
Virginia Military Survey 2419, being a part of that 0.957 acre tract as conveyed to Adam P.
Johnson, by deed of record in Instrument Number 201204030045766, records of the Recorder's
Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin found marking the southeast comer of Lot 7 of LEPPERT
SUBDIVISION as recorded in Plat Book 27, Page 13 in the existing westerly right -of -way line
of Dublin Road, and in the northerly line of said Johnson 0.957 acre tract being 40.00 feet left of
centerline station 142 +87.16;
Thence South 83 deg. 44 min. 25 sec. East, a distance of 10.00 feet along the existing
westerly right -of -way line of Dublin Road, and along the northerly line of said Johnson 0.957
acre tract, to an angle point in the existing westerly right -of -way line of Dublin Road, being
30.00 feet left of centerline station 142 +87.02;
Thence South 05 deg. 26 min. 35 sec. West, a distance of 143.53 feet, along the existing
westerly right -of -way line of Dublin Road, to the intersection with the existing northerly right -
of -way line of Rings Road, being 30.00 feet left of centerline station 141+43.49;
Thence South 84 deg. 34 min. 21 sec. West, a distance of 20.37 feet along the existing
northerly right -of -way line of Rings Road to a point being 50.00 feet left of centerline station
141+41.57;
Thence the following three (3) courses and distances across said Johnson 0.957 acre tract;
1. Thence North 05 deg. 26 min. 35 sec. East, a distance of 50.35 feet to a point
being 50.00 feet left of centerline station 141+90.00;
2. Thence South 84 deg. 33 min. 05 sec. East, a distance of 10.00 feet to a point
being 40.00 feet left of centerline station 141+90.00;
3. Thence North 05 deg. 26 min. 35 sec. East, a distance of 97.16 feet to the Point of
Beginning, containing 0.045 acres, more or less.
Of the above described area, 0.045 acres are contained within Franklin County Auditor's
Parcel 270- 000304.
EXHIBIT A
2of2
C1P 08 - M
PARCEL 20-P
PROJECT DUBLIN MUP
VwionDate 11/01/13
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), using the bearing of South 20 deg. 27 min. 34 sec. West, as derived 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
201204030045766, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
.•`,`ie OF 0 STANTEC CONSULTING SERVICES, INC.
STEVEN ••ti * • ri�o3 � a
RADER Registered Surveyor No. 7191 Date
• : 7191 0
I% .ass ;�°••.
►► PORTION OF THE PROPOSED EASEMENT EXHIBIT B
LYING WITHIN AN EXISTING EASEMENT
O �
1 ' a1E
0
Z
� Z
1 �
` r
t Z �
o' U 1
LEPPERT
SUBDIVISION
P.B. 27, PG. 13
LOT 7
?
Y
DIRECTION
20 ADAM P. JOHNSON
Lt
S 83'44'25" E
270- 000304
(3
O
a
0.957 ACRES
w
W V r ,
I.N. 201204030045766
C 1
50.00' LT.
50.35'
J N
�
1 x
1 1 �
N 05'26'35" E
97.16'
z
X70
19
0.045 ACRES
w 1
( ►• 0.045 ACRES)
�o
DIRECTION
DISTANCE
Lt
S 83'44'25" E
°
L2
O
a
141+39.65
L3
W V r ,
!;
C 1
50.00' LT.
50.35'
J N
S 84'33'05 E
1 x
L6
N 05'26'35" E
97.16'
n
X70
19
141
x
1
50.(
20
—P
I
/
L4
_
J
PI
� W
CITY OF DUBLIN
_ /JJJI.JJ Lf 1 LL L 11 L L LLL /_
WASHINGTON TWP�
L2
141 +43.49
14'
30.00 LT.
40.
141 +00
142 +00
— -
—
—
' — — �— —I
—
DUBLIN ROAD
FCGS 5152
141+18.71
0.00 LT
MONUMENT LEGEND
Z R.R.S. FOUND
O REBAR FOUND
O IRON PIN FOUND
® MONUMENT BOX
• 3/4" IRON PIN SET
E X. R/W
NUMBER
DIRECTION
DISTANCE
Lt
S 83'44'25" E
10.00'
L2
S 05'26'35" W
143.53'
L3
S 84'34'21' W
20.37'
L4
N 05'26'35" E
50.35'
L5
S 84'33'05 E
10.00'
L6
N 05'26'35" E
97.16'
BASIS OF BEARINGS
THE PROJECT BEARING DATUM IS BASED UPON
STATE PLANE GRID BEARINGS FROM THE OHIO
COORDINATE SYSTEM, SOUTH ZONE, NAD 83
(86) , USING THE BEARING OF S 20'27'34' W
AS DERIVED FROM A GPS SURVEY OCCUPYING
FRANKLIN COUNTY ENGINEER'S STATIONS
'FRANK 73', AND "FCGS 6642 RESET.
CO OF 9'y
.%
O
STEVEN '.
E.
i RADER
7191 �• ' O
LT.
POINT OF
BEGINNING
EX. ES T.
I. ESMT. L6
EX. R/W
0.00 142+87.02
LT. 30.00 LT
1I V)
W
wI
z
w
a_
0
z
I
�0
Y N
21
.F.
N 05 '26'35" E 143 +00
C/L R/W 4
PARCEL 20 —P
DUBLIN ROAD SOUTH
MULTI —USE PATH
WASHINGTON TWP., FRANKLIN COUNTY, OHIO
0 40 8o
SCALE IN FEET
Prepared By
Stantec Consulting Services, Inc.
1500 Lake Shore Drive, Suite 100
Columbus, Ohio 43204
Phone: (614) 485 -4383
S1 1 417
Registered Surveyor #7191 Date
EXHIBIT A
1 of 2
CIP os-M
PARCEL 20-T
PROJECT DUBLIN MUP
Vasion Date 07n&12
PARCEL 20-T
DUBLIN ROAD SOUTH MULTI -USE PATH
TEMPORARY EASEMENT
TO PERFORM MINOR GRADING and RECONSTRUCT A DRIVE
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of that 0.957 acre tract as conveyed to Adam P. Johnson, by
deed of record in Instrument Number 201204030045766, records of the Recorder's Office,
Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin found marking the southeast corner of Lot 7 of LEPPERT
SUBDIVISION as recorded in Plat Book 27, Page 13, at an angle point in the existing westerly
right -of -way line of Dublin Road, and in the northerly line of said Johnson 0.957 acre tract being
40.00 feet left of centerline station 142 +87.16;
Thence the following three (3) courses and distances across said Johnson 0.957 acre tract,
and along the westerly lines of the proposed permanent easement;
1. Thence South 05 deg. 26 min. 35 sec. West, a distance of 97.16 feet to a point
being 40.00 feet left of centerline station 141 +90.00;
2. Thence North 84 deg. 33 min. 25 sec. West, a distance of 10.00 feet to a point
being 50.00 feet left of centerline station 141 +90.00;
3. Thence South 05 deg. 26 min. 35 sec. West, a distance of 50.35 feet, to the
intersection with the existing northerly right -of -way line of Rings Road, being
50.00 feet left of centerline station 141 +39.65;
Thence South 84 deg. 34 min. 21 sec. West, a distance of 5.09 feet along the existing
northerly right -of -way line of Rings Road to a point being 55.00 feet left of centerline station
141 +38.69;
Thence North 05 deg. 26 min. 35 sec. East, a distance of 116.31 feet across said Johnson
0.957 acre tract, to a point being 55.00 feet left of centerline station 142 +55.00;
Thence North 57 deg. 59 min. 31 sec. West, a distance of 22.36 feet across said Johnson
0.957 acre tract, to a point being 75.00 feet left of centerline station 142+65.00;
Thence North 05 deg. 26 min. 35 sec. East, a distance of 22.66 feet across said Johnson
0.957 acre tract, to a point in the northerly line of said Johnson 0.957 acre tract, being 75.00 feet
left of centerline station 142 +87.66;
Thence South 83 deg. 44 min. 25 sec. East, a distance of 35.00 feet along the northerly
line of said Johnson 0.957 acre tract to the Point of Beginning, containing 0.052 acres, more or
less.
Of the above described area, 0.052 acres are contained within Franklin County Auditor's
Parcel 270- 000304.
EXHIBIT A
2of2
CIP 094W
PARCEL 20•T
PROJECT DUBLIN MUP
Version Dan 07W12
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
201204030045766, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
.`` �''
STANTEC CONSULTING SERVICES, INC.
STEVEN
_ E.
Registered Surveyor No. 7191 Date
RADER
7191 0Q
•" PORTION OF THE PROPOSED EASEMENT EXHIBIT B
LYING WITHIN AN EXISTING EASEMENT
O
I1 V L
o Z LEPPERT
91 SUBDIVISION
O Z P.B. 27, PG. 13
LOT 7
t 'A
Uj
Uj
r
to
o
O Y
z
z � 1 _j Y 1 Z
� 40 ADAM P. JOHNSON I w
`0 O 270- 000304
w '-' 0.957 ACRES I .�
X. I.N. 201204030045766
' J °0
_z 1 t �� I zo
o
~ 142+87.66 Y N
N ' d 75.00' LT, (n O
0 142+65.00 wl 21
I r^ 75.00' LT. 1
JN 'A 0.052 ACRES 20
19 4 £ x ('• 0.022 ACRES) -T
1 w
A 141 +38.69 142 +55.00 L 7 z
o
1 55.00 LT. 55.00' LT. z
z?
° J oo
L5 TEMP. ESMT, v
�Lp _
N EX. R
Ex.
� OF DUBLIN /_z PERM. ESMT, Ll I.P.
/_L/JJJJ J LL 1 LL 1 LL L L --
WASHINGTON TWP. EX. R/W
141 +90.00 20 141 +90.00 142 +87.16
50.00' LT. -P 40.00' LT. 40.00 LT. Qi
141+00 142 + N 15 '26;35" E 143 +00
-I- DUBLIN ROAD -I ORIG. TANGENT C/L
— — — — E R/W — -
FCGS 5152
NUMBER
DIRECTION
DISTANCE
L1
S 05'26'35" W
97.16'
L2
N 84'33'25" W
10.00'
L3
S 05'26'35" W
50.35'
L4
S 84'34'21" W
5.09'
L5
N 05'26'35" E
116.31'
L6
N 57'59'31" W
22.36'
L7
N 05'26'35" E
22.66'
L8
IS 83'44'25" E
35.00'
BASIS OF BEARINGS
THE PROJECT BEARING DATUM IS BASED UPON STATE
PLANE GRID BEARINGS FROM THE OHIO COORDINATE
SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGH THE FRANKLIN
COUNTY ENGINEER'S STATIONS "FRANK 73 ", AND
"FCGS 6642 RESET"
MONUMENT LEGEND
PARCEL 20 -T
Z R.R.S. FOUND
DUBLIN ROAD SOUTH
• REBAR FOUND
MULTI —USE PATH
• IRON PIN FOUND
WASHINGTON TWP., FRANKLIN COUNTY, OHIO
® MONUMENT BOX
0 40 6o
• 3/4" IRON PIN SET
SCALE IN FEET
Prepared By
1I � I �li 4 s...... F... O __
STEVEN
Stantec Consulting Services, Inc.
u1; O
E.
1500 Lake Shore Drive. Suite 100
* ; r
p RADER 70� t
- Columbus. Ohio 43204
Pho ne: (614) 486 -4383
o:w 7191
_FS ST ..0. JQ. i'
i• u TO /Z
aN AL 9 Ali
iniirpN ,
Registered Surveyor X7191 Dote