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Ordinance 021-15RECORD OF ORDINANCES Dayton Legal Bla Inc. Form N o. 30043 21 -15 Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.082 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM MR /TSARR OWNER, LLC, FOR THE PROPERTY LOCATED AT 4305 -4335 W. DUBLIN GRANVILLE ROAD, FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF STATE ROUTE 161 AND RIVERSIDE DRIVE AND A SHARED -USE PATH ADJACENT TO RIVERSIDE DRIVE, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin (the ''City's is preparing to construct a roundabout at the intersection of State Route 161 and Riverside Drive and a shared -use path adjacent to Riverside Drive (the "Project'); and WHEREAS, the Project requires that the City obtain a temporary easement from MR/TSARR Owner, LLC, as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "13," all attached hereto, said property interest located in the City of Dublin, County of Franklin, State of Ohio. NOW, THE)tEFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _6 L e of the elected members concurring that: Section 1. Council considers it necessary and declares its authorization to appropriate for the appraised value of Five Thousand Six Hundred Eighty Eight dollars ($5,688.00), for the public purpose of constructing a roundabout at the intersection of State Route 161 and Riverside Drive and a shared -use path adjacent to Riverside Drive, a temporary easement as described in the Exhibits labeled "A" and depicted in the Exhibits labeled "13," 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 01 2015. yor — Presiding Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 4.10 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Managl Date: February 19, 2015 JJ Initiated By: Megan O'Callaghan, PE, Public Service Director Philip K. Hartmann, Assistant Law Director Memo Re: Ordinances 16 -15 through 21 -15 — Authorizing Appropriation - State Route 161 and Riverside Drive Intersection Improvement BACKGROUND The City of Dublin ( "City ") is preparing to improve the intersection of State Route 161 and Riverside Drive (the "Project "). The Project provides for the construction of a multi -lane roundabout with appropriate pedestrian facilities. The southbound bypass lane will be retained and a shared use path will be incorporated in the underpass area to provide a north /south connection adjacent to the river. The project also builds a shared use path connection on the east side of Riverside Drive between the intersection and Martin Road. The City must obtain property interests from the following property owners in order to construct this Project: ■ Four Fives, LLC ■ Karen Michelle R. Friedman ■ Patrick W. Hitesman ■ MR/TSARR Owner, LLC ■ Riverpark Group, LLC ■ River's Edge One The City is hopeful that an amicable resolution may be reached with the property owners; however, these ordinances permit the City Law Director's Office to begin the eminent domain process in the event that negotiations are unsuccessful. The City has made, or attempted to make, contact with each of the property owners in order to resolve these matters prior to court action. ACQUISITION The property acquisition consists of the following property interests from each of the above -named property owners, as depicted in the maps attached hereto: Memo re. Ord. 16 -15 through 21 -15 - State Route 161 and Riverside Drive Intersection Improvement February 19, 2015 Page 2 of 2 Property Owner Property Interests Appraised Value Four Fives, LLC Temporary Easement $988.00 (0.018 acre f) Karen Michelle R. Friedman Permanent Easement � $27,918,00 (0.100 acre ±) Temporary! Easement (0.096 acre f) Patrick W. Hitesman $31,779.00 Permanent Easement (0.109 acre f) Temporary Easement 0.1 acre f) MRf TSARR O ner ,.,LLC Temporary Easement $5,688.0.0 (0.,082 acre) Riverpark Group, LLC Permanent Easement $35,930.00 (0.130 acre f) Temporary Easement 0.036 acre f Ri ' W ernant $506.00. (0.011 acre �) RECOMMENDATION Staff recommends approval of Ordinance Nos. 16 -15 through 21 -15 as the construction of the Project is necessary for public welfare and safety, and approval of the Ordinances will keep the Project moving forward. CITY OF DUBLIN, OHIO DESCRIPTION OF A 0.082 ACRE TEMPORARY EASEMENT ACQUIRED FROM MR/TSARR OWNER LLC Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Quarter Township 3, Township 2, Range 19, United States Military Lands, and being a part of that original 14.040 acre parcel described in a deed to MR/TSARR Owner LLC, of record in Instrument Number 201112230168234, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows: BEGINNING at the northeast corner of a 0.691 acre parcel described in a deed to City of Dublin, of record in Instrument Number 200606260124311, being on the north line of said original 14.040 acre parcel, being on the existing east right -of -way line for Riverside Drive (U.S. 33), and being on the south line of a 2.37 acre parcel described in a deed to City of Dublin, Ohio, of record in Instrument Number 201401100003943; Thence South 86 degrees SS minutes 09 seconds East, along the north line of said original 14.040 acre parcel, along the south line of said 2.37 acre parcel, a distance of 29.41 feet to a point; Thence South 19 degrees 01 minutes 35 seconds West, across said original 14.040 acre parcel, a distance of 26.18 feet to a point; Thence South 17 degrees 39 minutes 36 seconds East, continuing across said original 14.040 acre parcel, a distance of 373.01 feet to a point on the south line of said original 14.040 acre parcel, being on the north line of that original 3.866 acre parcel described in a deed to Riverpark Group, LLC, of record in Instrument Number 199912020298524; Thence North 86 degrees 56 minutes 59 seconds West, along the south line of said original 14.040 acre parcel, along the north line of said original 3.866 acre parcel, a distance of 5.38 feet to the existing east right -of -way line for said Riverside Drive, being the southeast corner of said 0.691 acre parcel; Thence North 18 degrees 37 minutes 56 seconds West, across said original 14.040 acre parcel, along the existing east right -of -way line for said Riverside Drive, along the east line of said 0.691 acre parcel, a distance of 402.57 feet to the POINT OF BEGINNING for this description. The above description contains a total area of 0.082 acres (including 0.000 acres within the present road occupied) within Franklin County Auditor's parcel number 273 - 008269. The bearings herein are based on the Ohio State Plane Coordinate System (South Zone) as per NAD 83 (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 was prepared by Brian P. Bingham, Registered Professional Surveyor No. 8438 on November 12, 2014 based on an actual survey performed in the field by American Structurepoint, Inc. and is true and correct to the best of my knowledge. American Structurepoint, Inc. Brian P. Bingham Registered Professional Surveyor No. 8438 0p `pl 1 u1111 j,' ,• ,.... O i �'�• ` 's BRIAN P. ' BINGHAM :. 8438 : O 181 1111410'' It . Date PROJ. N& 2007.00175 EXHIBIT 4 9" ■■ 0.082 ACRES DA4WN BY BPB O AMERICAN TEMPORARY EASEMENT 1550 f•.ORPORATE DC OLUMIXIS. H43231 CO FAX61�0H"�l37 ACQUIRED FROM ON STRUCTUREPOINT ,rie,.eo, FAX•,4,Poblt m MR/TSARR OWNER LLC 11 fNC www.ahuchrtep°hltm cAFc ED BY: MIL ■ DUBLIN, OHIO PAGE IOF I SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED TAI nIIAPTrP MWAICAIIP 3 TtlWAM14TP 9 PAAIGP IQ IIA/ITrn CTATI=C "ll ITAPY I ANnC JSJ SURVEYING CAP (TYP.) -- \ POINT BEGINA G \ F o � s P G Q I.P.F. IRON PIN FOUND p 5 518" IRON PIN SET WITH CAP STRUCTUREPOINT PS 8438' 'c , ,� •, y . BRIAN P. BINGHAM 8438 Z :O i 9 FQlSt£?� ° ••• �� , "l -TONAL SJ��� A01 o • - 1 BASIS OF BEARING: CJ� J .41' 86° 55' 09" E -- -r-- S 19* \ S 19° Oi' 35° W JG \ \ \ \ \ d \ ; Z 'v 0 LIl D ° \ l coT� of \ Np 'sg� p� ul an 4 CPBlf y 0 \ THE BEARINGS HEREIN ARE BASED ON THE OHIO S TA TE PLANE \ COORDINATE SYSTEM SOUTH ZONE AS PER NAD 83 (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. N 8E 1 HEREBY CERTIFY THAT; THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN MARCH -APRIL OF 2013. THIS DRAWING IS CORRECT TO THE BEST OF - -- MY KNOWLEDGE AND BELIEF. X //�20� -r IAN B GHAM, P.S. 8438 OA TE AMERICAN STRUCTUREPOINT, INC. PID: 273 009134 RIVERPARK GROUP, LLC ORIG. 3.866 ACRES INS T. NO. i 199912020298524 PID: 273- 008264 CITY OF DUBLIN, OHIO INS r. NO. 201401100003943 2.37 ACRES PID: 273- 008269 MR/TSARR OWNER LLC 14.040 --� 1112 0168234 0.082 AC. -., •2�s o ���9s�<^��i2