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Ordinance 102-14RECORD OF ORDINANCES Form No 30043 .10i -14 Passed _ 20 AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.182 ACRE, MORE DR LESS, PERMANENT EASEMENT, A 0.191 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM MILLENNIUM OFFICE COMPLEX, LLC, AT THE PROPERTY LOCATED ON FRANTZ 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'); and WHEREAS, said Project requires that the City obtain certain property interest within Franklin County Parcel Nos. 273 - 003158 and 273 - 003159 owned by Millennium Office Complex, LLC, (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 easements for the value of Forty Eight Thousand Dollars ($48,000.00); 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, �� of the elected members concurring that: Section 1. 1 The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.182 acre, more or less, permanent easement, and a 0.191 acre, more or less, temporary easement for twelve (12) months, commencing on the date construction begins, from Millennium Office Complex, LLC, for the value of Forty Eight Thousand Dollars ($48,000.00), said property interest located within Franklin County Parcel Nos. 273 - 003158 and 273- 003159, 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. j sed this d ay of (�,fin 2014. Presiding Ofticer nlnv�lf Clerk of Council 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 Managerxl� Date: October 9, 2014 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Kenneth B. Richardson, PE, PS, Engineering Manager - Design Philip K. Hartmann, Assistant Law Director Memo Re: ORDINANCE 102 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.182 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.191 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM MILLENNIUM OFFICE COMPLEX, LLC, AT THE PROPERTY LOCATED ON FRANTZ ROAD, FOR THE RELOCATION OF OVERHEAD UTILITIES UNDERGROUND ALONG FRANTZ ROAD, AND DECLARING AN EMERGENCY. BACKGROUND The City of Dublin (the "City'o 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 be funded by the Pizzuti TIF. The bid award is anticipated to be on the Council agenda on December 8, 2014. Construction will take place through the winter months, with completion expected by the end of May 2015. Millennium Office Complex, LLC (the "Grantor ") owns property from which the City desires a permanent easement and a temporary easement. This property is identified as Franklin County Parcel Nos. 273 - 003158 and 273 - 003159. 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 necessary property interest for the value of Forty Eight Thousand Dollars ($48,000.00). 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 property interest for slightly above its appraised value in order to continue moving forward with the Project. The acquisition is detailed below: Memo re. Millennium Property Interests October 9, 2014 Page 2 of 2 Franklin Countv Parcel Nos. 273- 003158 & 273 - 003159 Property Interest Description Appraised Value As Negotiated Acquiring Permanent Easement 0.182 acre f $27,300.00 Temporary Easement 0.191 acre f $4,775.00 Improvement Trees, Lawn, etc. $11,275.00 Valuation Total $43,350.00 $48,000.00 RECOMMENDATION Ordinance No. 102 -14 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interest described above. Staff recommends Council dispense with the public hearing and approve Ordinance No. 102 -14 by emergency action in order to continue moving forward with the Project. EXIEIIBIT A PARCEL 3 -P PERMANENT UTILITY, GRADING, AND DRAINAGE EASEMENT FROM MILLENIUM OFFICE COMPLEX, LLC 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 8.337 acre tract conveyed to Millenium Office Complex, LLC (hereafter referred to as "Grantor") by General Warranty Deed recorded as Instrument No. 201003310038420 in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows: COMMENCING at the Southeast corner of Reserve D in METROCENTER, the plat of which is recorded in Plat Book 55, pages 8 and 9, also at the intersection of the North line of a 1.699 acre tract conveyed to Haworth Realty Company by General Warranty Deed recorded as Instrument No. 199908050197415 in the Recorder's Office, Franklin County, Ohio and the West Standard Highway Easement Right of Way line of Frantz Road as recorded in Deed Book 3106, page 164, in the Franklin County Recorder's Office; THENCE with the said West Standard Highway Easement Right of Way line of Frantz Road and through the land of Haworth Realty Company, South 10° 10' 14" East for a distance of 27733 feet to the Northeast corner of Grantor's land, and the Northwest comer of lands conveyed to the Village of Dublin as described in Official Record 7343, page El 0, and being the TRUE POINT OF BEGINNING; THENCE on the West Right of Way line of Frantz Road as conveyed to the said Village of Dublin the following three (3) courses: 1) South 10° 10' 14" East for a distance of OA5 feet; 2) South 14 18' 59" East for a distance of 169.06 feet; 3) South 15 09' 39" East for a distance of 18033 feet to the Southeast comer of the Grantor's land, and the Southwest comer of the said Village of Dublin lands; THENCE with the South line of the Grantor's land, South 89 32' 13" West for a distance of 273.04 feet; THENCE through the Grantor's land for the following five (5) courses: 1) North 00 27 West for a distance of 10.00 feet; 2) North 89° 32' 13" East for a distance of 240.07 feet; 3) North 30 45 East for a distance of 1999 feet; 4) North 15 09 West for a distance of 14830 feet; 5) North 14 18' 59" West for a distance of 171.77 feet to the North line of the Grantor's land; THENCE with the North line of the Grantor's land, North 83° 49' 06" East for a distance of 15.19 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.182 acres. North based on GPS observations taken on project control. Page 1 of 2 Parcel 3 -P 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. O,,, Burgess & Niple, Inc. WILLIAM LEROY :* 9�o'T88AP��. M William C. LeRoy, �nrn IMMI Date Registered Professional Surveyor No. 7664 Page 2 of 2 EXHIBIT A PARCEL 3 -P State of Ohio, Franklin County, City of Dublin, VMS No. 2419 POINT OF L — — — I COMMENCEMENT METROCENTER RESERVE "D Right of Way Easement i County of i Franklin i Deed Book i Right of Way Easement 3106, Pg 164 Deed Book i Village of Dublin 1 2810, Pg 204 Official Record 01380, Pg F03 � t HAWORTH REALTY COMPANY 1 PID: 273 - 000350 Instrument No. 199808050197415 1.699 Acres as Bike Path Easement IPF , City of Dublin t TRUE POINT Instrument Number OF BEGINNING IPF 200310030318866 2 4 MILLENNIUM OFFICE COMPLEX. LLC PID: 273 - 003158/273 - 003159 �s g Instrument No. 201003310038420 ® w ig N 8.337 Acres $ ¢ p o 1 S10' 10' 14 277.53' 2 S1O' 10' 14 0.45' 3 Sw 18' 59 169.08' 4 S15 09' 39 180.33' 3 5 SW 32' 13 273.04' (0.182 ACRES) 'o 6 N0' 27' 47W 10.00' O 7 NB9' 32' 13 240.07' 10' Easement o 8 N30' 45' 06 19.98' Columbia Gas of Ohio 9 N15' 09' 39W 148.50' Deed Volume 3140, Page 695 10 N14 18' 59 171.77' B 11 NINT 49' 08E 15.19' 0 Q DUBLIN TECHMART. LLC j INTEREST & TECHMART VENTURE, LLC I INTEREST PID: 273 - 003095 Instrument No. 200409180217068 13.666 Acres NORTH BASm ON CPS OBSERVATIONS TAKEN ON PROJECT CONTROL 0 00 t00 — — — L \ IPF �� W /CAP 0.182 ACRES GROSS 0.00 ACRES (PRIOR EASEMENT OCCUPIED) EDIT A PARCEL 3 -T TEMPORARY GRADING AND CONSTRUCTION EASEMENT FROM MILLEAIIUM OFFICE COMPLEX, LLC 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 8.337 acre tract conveyed to Millenium Office Complex, LLC (hereafter referred to as "Grantor') by General Warranty Deed recorded as Instrument No. 201003310038420 in the Recorder's Office, Franklin County, Ohio, and bounded and described as follows: COAUdENCING at the Southeast conger of Reserve D in METROCENTER, the plat of which is recorded in Plat Book 55, pages 8 and 9, also at the intersection of the North line of a 1 .699 acre tract conveyed to Haworth Realty Company by General Warranty Deed recorded as Instrument No. 199908050197415 in the Recorder's Office, Franklin County, Ohio and the West Standard Highway Easement Right of Way line of Frantz Road as recorded in Deed Book 3106, page 164, in the Franklin County Recorder's Office; THENCE with the said West Standard Highway Easement Right of Way line of Frantz Road and through the lands of Haworth Realty Company, South 10° 10' 14" East for a distance of 277.53 feet to the Northeast corner of Grantor's land, and the Northwest corner of lands conveyed to the Village of Dublin as described in Official Record 7343, page E10; THENCE with the North line of the Grantor's land, South 83° 49' 06" West for a distance of 15.19 feet to THE TRUE POINT OF BEGINNING of the herein conveyed easement; THENCE through the Grantor's land the following thirteen (13) courses: 1) South 14 18 East for a distance of 171.77 feet; 2) South 15 09 East for a distance of 14850 feet; 3) South 30 45' 06" West for a distance of 19.99 feet; 4) South 89° 32 West for a distance of 180.26 feet; 5) North 00 27 West for a distance of 10.00 feet; 6) North 89° 32' 13" East for a distance of 168.78 feet; 7) North 30 45 East for a distance of 11.03 feet; 8) North 15° 09'39" West for a distance of 100.35 feet; 9) South 74 50' 21" West for a distance of 15.00 feet; 10) North 15 09 West for a distance of 42.02 feet; 11) North 14° 18 1 59" West for a distance of 62.98 feet; 12) North 75 41 East for a distance of 15.00 feet; 13) North 14° 18' 59" West for a distance of 111.15 feet to the North line of the Grantor's land; THENCE with the North line of the Grantor's land, North 83° 49' 06" East for a distance of 15.15 feet BACK TO THE TRUE POINT OF BEGINNING. The above described parcel contains 0.191acres. North based on GPS observations taken on project control. Page 1 of 2 Parcel 3 -T 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. uua E�Fp �,�P�.... y\ Burgess & Niple, Inc. NnLt.uuM *' LEROY E� 9 7884 '• O r $t 6TEQ'�j Date William C. LeRoy, Registered Professional Surveyor No. 7664 Page 2 of 2 EXHIBIT A PARCEL 3 -T State of Ohio, Franklin County, City of Dublin, VMS No. 2419 12 -Z3_ Z013 NOM ens EO ON WS OBSEWATKINS TAKEN ON PROJECT CONTROL 0 s0 100 — — POINT OF COMMENCEMENT METROCENTER I # RESERVE 'D i Right of Way Easement County of i Franklin Deed Book i 3106, Pg 164 i Right of Way Easement Deed Book Village of Dublin 1 2810, Pg 204 Official Record 01380, Pg F03 � t HAWORTH REALTY COMPANY PID: 273 - 000350 1 Instrument No. I TRUE POINT 199808050197415 OF BEGINNING 1.899 Acres IPF Bike Path Easement I City of Dublin t Instrument Number IPF 200310030318866 1g 2 MILLENNIUM OFFICE COMPLEX. LLC - A PID: 273 - 003158/273 - 003159 0- Z Instrument No. 201003310038420 G 8.337 Acme 3 N 1 Star 10' 14'E 277.53' n - A 2 SINT 49' 06w 15.19' ® 0 3 4 S14' 18' WE 171.77' S15 09' WE 148.50'. 3 -T $ o 5 S 45' 06'W 19.99' 30 8 SW 32' 13'W 180.26' (0.191 ACRES) 7 8 NOT 27' 47'W. 10.00' N89' 32' WE — 168.78' 4 9 N30' 45' 08'E• 11.03' 10 NIT 09' 39'W 100.35' tet 11 S74' 50' 21'W 15.00' 10' Easement o 12 N1.7 09' 39111• 42.02' Columbia Gas of Ohio 13 1114' 18' 59111• 62.98' Deed Volume 3140, Page 095 14 N75' 41' 011. 15.00' g 9 15 N14' 18' 59W- 111.15' g 16 N83' 49' WE 15.15' 7 ----- - - - - -- r — -- - - -- IPF s w /CAP DUBLIN TECHMART, LLC I INTEREST & TECHMART VENTURE, LLC } INTEREST PID: 273 - 003095 Instrument No. 200409160217088 13.888 Acres 12 -Z3_ Z013 NOM ens EO ON WS OBSEWATKINS TAKEN ON PROJECT CONTROL 0 s0 100