Ordinance 007-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc..
Ordinance No.
07 -15
Passed 20
AN ORDINANCE AUTHORIZING THE APPROPRIATION
OF A 0.006 ACRE, MORE OR LESS, FEE SIMPLE
INTEREST FROM THE ESTATE OF BASIL J. BROWN, FOR
THE PROPERTY LOCATED OFF RIVERSIDE DRIVE,
NORTH OF DALE DRIVE, FOR THE RELOCATION OF
RIVERSIDE DRIVE, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City's will be relocating Riverside Drive to the
east of its current location, between Dublin- Granville Road and Tuller Road (the
"Project'; and
WHEREAS, said Project requires that the City obtain a 0.006 acre, more or less, fee
simple interest from the Estate of Basil 1. Brown, as described in the Exhibit labeled
"A" and depicted in the Exhibits labeled "B," all attached hereto, said property
interest located in the City of Dublin, County of Franklin, State of Ohio.
NOW, THEItEFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, (, .p of the elected members concurring that:
Section 1. Council considers it necessary and declares its authorization to
appropriate for the appraised value of Nine Hundred Dollars ($900.00), for the
purpose of relocating Riverside Drive, a fee simple interest as described in the Exhibit
labeled "A" and depicted in the Exhibit labeled "B," all attached hereto.
Section 2. The City Law Director's office is hereby authorized to file a petition for
appropriation in the county Court of Common Pleas should it become necessary.
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 alq 2015.
,__; 7 f
vim--- -
Lo 2 r- 4Presiding ff icer
ATTEST:
J
Clerk of Council
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
Date: January 22, 2015
Initiated By: Terry Foegler, Director of Strategic Initiatives /Special Projects
Philip K. Hartmann, Assistant Law Director
Memo
Re: ORDINANCE 07 -15 - AN ORDINANCE AUTHORIZING THE APPROPRIATION
OF A 0.006 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FROM THE
ESTATE OF BASIL J. BROWN, FOR THE PROPERTY LOCATED OFF
RIVERSIDE DRIVE, NORTH OF DALE DRIVE, FOR THE RELOCATION OF
RIVERSIDE DRIVE, AND DECLARING AN EMERGENCY.
BACKGROUND
The City of Dublin ( "City ") is preparing to construct and relocate Riverside Drive north of Dublin -
Granville Road and south of Tuller Road (the '"Project'D. The City must obtain property interests
from various landowners located within the City in order to construct this Project. Much of the
property acquisition has been completed; however, there is a 0.006 acre parcel still needs to be
acquired for the Project (the "Orphan Parcel'D.
The last known owner of the Orphan Parcel was Basil J. Brown, who took title of much of the
property around the Orphan Parcel in 1907. In 1928, Mr. Brown conveyed out the former Jen -Josh,
LLC parcel, excepting out of the conveyance the 0.006 acre Orphan Parcel to be used for an
alleyway access. Mr. Brown died intestate around 1945. While at least one of his heirs has been
identified, it is still unclear who holds title to this Orphan Parcel. The Orphan Parcel does not
appear to have been part of Mr. Brown's probate proceedings.
The City must obtain this Orphan Parcel for the construction of the Project; this Ordinance
authorizes the City Law Director's office to file a complaint for appropriation to acquire the Orphan
Parcel for its appraised value. Since it is still unclear who holds title, the City may file a quick -take
appropriation action. The quick -take action would permit the City to take possession of and enter
onto the property for purposes of constructing the Project after filing the complaint for
appropriation and depositing the value of the property with the court.
ACQUISITION
The property acquisition consists of the following property interests from the Estate of Basil J.
Brown, as depicted in the exhibits attached hereto:
Property Owner I Property Interests I Appraised Value
The Estate of Fee Simple Interest
Basil J. Brown (0.006 acre f)
$900.00
Memo re. Ordinance 07 -15 — Basil Brown Parcel
January 22, 2015
Page 2 of 2
RECOMMENDATION
The Law Department recommends approval of Ordinance No. 07 -15 by emergency for the
immediate preservation of the public peace, health, safety, and welfare, and for the further reason
that acquiring the subject property will keep the Project moving forward.
Exhibit A
0.006 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Lot 11, Quarter
Township 3, Township 2, Range 19 of the United States Military Lands, and being the remainder of
the tract conveyed to Basil J. Brown by deed of record in Deed Book 460, Page 519, being the 8 -foot
wide strip of land originally described in Deed Book 912, Page 487 (all references are to the records
of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
B EGINNING, FoR RBFERENcE, at a magnetic nail set at the intersection of the centerline of
Dale Drive (60 foot width) extended as shown on Plat Book 58, Pages 81 and 82 with State Route
257 (right -of -way width varies), also known as Riverside Drive as shown on the right -of -way plans
DUBLIN- BELLEPOINT ROAD S.H. 558 SEC. A FRANKLIN COUNTY OHIO (1940) AND S.H.
558 SEC. A PT. (1944) on file with the Ohio Department of Transportation, District 6, Delaware,
Ohio, also being in the westerly line of the remainder of the 9.356 acre tract conveyed to Village
Square Center Ltd. by deed of record in Deed Book 3672, Page 531 and the easterly line of the 2.187
acre tract conveyed to the Village of Dublin, Ohio by deed of record in Official Record 75700O2;
thence North 16° 01' 44" West, with the original centerline of State Route 257, with said
easterly line, partly with said westerly line and the westerly line of the 1.318 acre tract conveyed to
Peace Hanson, LLC by deed of record in Instrument Number 201006220077436, a distance of
229.85 feet, to the southwesterly comer of the 0.34 acre tract conveyed to Jen -Josh, LLC by deed of
record in Instrument Number 200202270051981 and northwesterly corner of said 1.318 acre tract;
thence North 75° 10' 29" East, with the line common to said 1.318 acre and 0.34 acre tracts
(passing a 5/8 inch iron rebar found at 57.99 feet), a distance of 218.66 feet, to an iron pin set at the
southeasterly corner of said 0.34 acre tract and the southwesterly corner of the remainder of said
Brown tract, being the TRuEPo1NToFBEG►NNrNG;
thence North 15° 30' 28" Nest, with the line common to said 0.34 acre tract and the
remainder of said Brown tract, a distance of 32.17 feet, to an iron pin set at a common comer thereof
and in the southerly line of the 12.884 acre tract conveyed to the City of Dublin, Ohio by deed of
record in Instrument Number 201212310201439, also in the northerly line of said Lot 11, Quarter
Township 3;
thence South 86° 21' 53" East, with the line common to said 12.884 acre tract and the
remainder of said Brown tract and the northerly line of Lot 11, Quarter Township 3, a distance of
8.47 feet, to an iron pin set at the northeasterly comer of the remainder of said Brown tract and a
northwesterly comer of said 1.318 acre tract;
thence South 15° 30' 28" East, with the line common to said 1.318 acre tract and the
remainder of said Brown tract, a distance of 29.49 feet, to an iron pin set at a cornmon corner thereof;
thence South 75 10' 29" Nest, with the line common to said 1.318 acre tract and the
remainder of said Brown tract, a distance of 8.00 feet to the TRUE Poi of BEGJNNlNG, containing
0.006 acre, more or less.
Subject, however, to all Iegal rights -of -way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter,
thirty (3D) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on the Ohio State Plane Coordinate System South Zone as per
NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FRANK 73
and FRANK 74, having a bearing of South 73° 57' 18" East, established by the Franklin County
Engineering Department, using Global Positioning System procedures and equipment.
This description is based on an actual field survey performed by or under the direct
supervision of Joshua M. Meyer, Registered Surveyor Number 8485 in April 2013.
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Joshua M. Meyer
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Professional Surveyor No. 8485
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PRELIMINARY
AI-1pnOVAL
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ENG1NEt:Fil c; C)i: ",- i
Exhibit B
ME SURVEY � ■� OF ACREAGE PARCEL
li�i■ LOT 11, QUARTER TOWNSFIIP 3, TOMNi SHIP 2, RANGE 19
ev. Meeh"ot twmb+exnat ert tie UNITED STATES 1%1ILCTARY LANDS
1500 ii1 -Ab=f w e.cCVk " Rs4 CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OMO
e.o:
A411 "LI'm T.Ift— Rra213m a
m C— Date: July 14, 2014 Job No. 2014 -1033 Scale: 1" a 50'
THE CITY OF DUBLIN, OHIO
12.884 AC. (DEED)
I.N. 201212310201439
` P.N. 273 - 012427
STATE OF 00� RIGHf OF WAY i
1 EASEMENT BY COURT ORDERED CONDEMNATION,
BERNICE THOfA4s VS. STATE OF OHIO - APRIL 10, 1940
a AS REFERENCED ON R/W PLAN S.H. 658 SEC. A. DATED 1944
a 4 ' Yo" 'A- Lot 18, Otr. T.p, 2 l.2
Lot 11. Otr. T.P. 1 4 JEN -JOSH, LLC L1 QO6 AC.
1 0.34 AC. (DEED) � L3
L
I.N. 200202270051981
P.N. 273 - 008245 OR PHAN PARCEL
1 �S1o28L 4 WIL KNOW
B OWNR ,
D.B. 460, P. 519
AN 8 -FOOT WIDE
STRIP OF LAND
ORIGINALLY DESCRIBED
v IN D.B. 912, P. 487
t En b ` < PEACE HANSON, LLC
��+ o�, 1.318 AC. (DEED)
5 1 G v•A I.M. 201006220077436
5 r, q� �'S P.N. 273 -- 008802
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Line Table
Line
Number
Direction
Length
L1
N15'30'28'W
32.17'
L2
S86'21'53 "E
8.47'
L3
S 1630'28 "E
29.49'
L4
S75'10'29'W
8.00'
I
RPOS 1 VILLAGE SQUARE CENTER LTD.
1 ORIGINAL 9.356 AC. (DEED)
D.B. 3672. P. 531
HrGHWAY EASEMENT
STATE OF OHIO
PARCEL NO. 5 -C
O.B. 1209. P. 217
Q = STONE FND.
■ = IRON. FND.
" = I.P. FND.
0 = i.P. SET
• = FAAG. NAIL FND.
O = M. NAIL SET
A = R.R. SPK. FND.
NOTE 1:
Reference the following right-of-way plain oa file with the Ohio Depattnxat of Transportation
District 6, Delaware, Ohio:
- DUBLIN- BELLEPOINTROAD S.H. 558 SEC. A. FRANKLIN COUNTY O}UO (1940)
-S11. 558 SF.C. A PT. (1944)
SURVEY NOTE
This survey was prepared using documents of record, prior plats of surrey, and observed
evidence loeatod by an actual field survey.
BASIS OF BEARINGS:
The Bearings sho%%-A hereon are based on the Ohio State Plane Coordinate System South
Zone as per NADS3 (1986 Adjustment). Control for bearings was fiom coordinates of
monumeuta FRANK 73 and FRANK 74, having a bearing of South 73° 5T I S" East,
established by the Franklin County Engineering Department, wing Global Positioning
System procedures and equip —L
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JOWIA M.
-U MEYER oC
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NAI BY �/ JY. 4,- 7- /Y ^ ?iiN
oshua hi. hfeyer Date
Professional Surveyor No. 9495
o = R.R. SPK. SET
• = P.K. NAIL FND.
I.P. Set are 13/16" 1.0. iron
pipe with cop inscribed EIAHT INC
0 100
GRAPHIC SCALE (in feet)