Ordinance 017-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No.
17-15
Form No. 30043
Passed 20_
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A
0.100 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A
0.096 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM
KAREN MICHELLE R. FRIEDMAN, FOR THE PROPERTY LOCATED
AT 6310 RIVERSIDE DRIVE, 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') 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 permanent easement and a
temporary easement from Karen Michelle R. Friedman, as described in the Exhibits
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, THgREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, e of the elected members concurring that:
Section 1. Council considers it necessary and declares its authorization to
appropriate for the appraised value of Twenty Seven Thousand Nine Hundred
Eighteen dollars ($27,918.00), 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 permanent easement and 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 of .(_ 2015.
ayor — Presiding Officer
ATTEST:
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: Dana L. McDaniel, City Man71*
Date: February 19, 2015
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 t)
Caren Michelle R. Friedman Permanent Easement $27,918.00
(0,100 acre ±)
Temporary Easement
(0.096 acre f)
Patrick W. Hitesman Permanent Easement
(0.109 acre t)
$31,779.00
Temporary Easement
0.130 acre t
MR /TSARR Owner, LLC Temporary Easement $5,688.00
(0.082 acre t).
Riverpark Group, LLC Permanent Easement $35,930.00
(0.130 acre f)
Temporary Easement
0.036 acre f
River's Edge One Temporary Easement
(0.011 acre f)
$506.00
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 0.100 ACRE PERMANENT BIKE PATH EASEMENT
ACQUIRED FROM KAREN MICHELLE R. FRIEDMAN
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 0.967
acre parcel described in a deed to Karen Michelle R. Friedman, of record in Instrument Number
201202230024880, 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:
Commencing for reference at a 5/8 inch iron pin found in concrete at the northwest corner of
Lot H of Quarry Place Office Park, of record in Plat Book 68, Page 3;
Thence North 89 degrees 54 minutes 26 seconds East, along the north line of said Lot H,
(passing at a distance of 123.67 feet the centerline of right -of -way for Riverside Drive (U.S. 33),
the northeast corner of said Lot H), a total distance of 170.38 feet to a point on the existing
east right -of -way line for said Riverside Drive as established by a highway easement designated
as Parcel No. 7 in a deed to State of Ohio, of record in Deed Book 1208, page 192, (reference a
% inch iron pipe found east 0.37 feet and south 0.13 feet from said point);
Thence along the arc of a non - tangent curve to the right, along the existing east right -of -way
line for said Riverside Drive, said curve having a radius of 2,909.93 feet, a central angle of 02
degrees 40 minutes 50 seconds, and an arc length of 136.15 feet to a point of tangency, said
curve being subtended by a long chord having a bearing of South 14 degrees 09 minutes 17
seconds East and a length of 136.13 feet;
Thence South 12 degrees 46 minutes 52 seconds East, continuing along the existing east right -
of -way line for said Riverside Drive, a distance of 54.36 feet to a point on the north line of said
0.967 acre parcel, being on the south line of a 0.945 acre parcel described in a deed to Patrick
W. Hitesman, of record in Instrument Number 200106190138039, (reference a % inch iron pipe
found west 0.43 feet from said point), and said point being the TRUE POINT OF BEGINNING for
this description;
Thence South 89 degrees 52 minutes 34 seconds East, along the north line of said 0.967 acre
parcel, along the south line of said 0.945 acre parcel, a distance of 25.73 feet to an iron pin set;
Thence across said 0.967 acre parcel along the following four (4) described courses:
Along the arc of a non - tangent curve to the right, said curve having a radius of 3,340.04
feet, a central angle of 00 degrees 14 minutes 47 seconds, and an arc length of 14.36
feet to an iron pin set at a point of tangency, said curve being subtended by a long chord
bearing South 12 degrees 05 minutes 13 seconds East and a length of 14.36 feet;
2. South 11 degrees 57 minutes 50 seconds East, a distance of 94.35 feet to an iron pin
set;
3. South 50 degrees 13 minutes 38 seconds East, a distance of 16.86 feet to an iron pin
set;
4. South 04 degrees 13 minutes 58 seconds East, a distance of 23.35 feet to an iron pin set
on the south line of said 0.967 acre parcel, being on the north line of an original 8.230
acre parcel described in a deed to Four Fives, LLC, of record in Instrument Number
200610060200990, being the northeast corner of an existing bike path easement to City
of Dublin, of record in Instrument Number 200707030116052;
Thence North 89 degrees 07 minutes 14 seconds West, along the south line of said 0.967 acre
parcel, along the north line of said original 8.230 acre parcel, along the north line of said
existing bike path easement, (passing at a distance of 15.70 feet the northwest corner of said
existing bike path easement and the northeast corner of a 0.492 acre parcel described in a deed
to City of Dublin, of record in instrument Number 200707030116047, and passing at a distance
of 15.87 feet an iron pin with a Kleingers & Assoc. cap found 0.15 feet offline to the south, and
passing at a distance of 38.51 feet a 5/8 inch iron pin found 0.21 feet off line to the south),
total distance of 40.15 feet to a point on the existing east right -of -way line for said Riverside
Drive as established by a highway easement designated as Parcel No. 6 in a deed to State of
Ohio, of record in Deed Book 1208, page 190;
Thence North 09 degrees 16 minutes 32 seconds West, across said 0.967 acre parcel, along the
existing east right -of -way line for said Riverside Drive, a distance of 141.70 feet to the TRUE
POINT OF BEGINNING for this description.
The above description contains a total area of 0.100 acres (including 0.000 acres within the
present road occupied) within Franklin County Auditor's parcel number 273 - 008336.
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.
Iron pins set are 5/8 inch diameter by 30 inch long rebar with caps stamped " Structurepoint-PS
8438 ".
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. Bingha
Registered Professional Surveyor No. 8438
1111 to 8"
OF
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PROM. NO: 2007.00/75
■■
EXHIBIT 19'
0.100 ACRES
QRAWNBY. BPB
AMERICAN 7660 CORPORATE
O °�"� °S' ° "'"
BIKE PATH EASEMENT
ACQUIRED FROM
flE STRUCTUREPOINT TEL 8,..80,.7736 FAX 8,4.90,2738
KAREN MICHELLE
OECKED BY: MTL
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R. FRIEDMAN
DUBLIN, OHIO
PAGE IOF I
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED
rnl nllA0TC17 TnWAICRITP 3 MWAMPIP 9 PAAlrr IQ IMITTFn CTATFC UTI TTAPY l ANnS'
5/B "IRON PIN I w
•f� ____ FND IN CONC. I I
I 314� IRON PIPE —
I POINT OF I 4189 59 ' 26 E 1 I
1 REFERENCE
` NW CORNER I I I
LOT H
I I I R4,909.93'
PID: 273 - 009075 I i -02 ° 40 6 5 5 ' I
QUARRY PLACE OWNERS I I CHD= 136.13'
INST. NO. 201 0090.'50686 I I BRG S 14° 09'17'E I
I LOT H I
QUARRY PL ACf OFF /CE PARK
I P.B. 68, PG 3 PID: 273 008267
. + PATRICK W. HITESMAN
1.0 ACRE'S
} I m
I I I I < N I INST. NO. 0 200106190138039
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0I.P.F. IRON PIN FOUND l s � o C g f
w �° c/, ti� PID: 273 008359
oQP.F. IRON PIPE FOUND I i PATRICK W. HITESMAN
518" IRON PIN SET WITH CAP W I I 0.945 ACRES
TRUCTUREPOlNT -PS 8438" I I W INST. NO.
i I 200106190138039
of
b oa 25.73'
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OF Flo I { I warn
- 0..• ' 4 �i I I R =3 340.04'
•• •• O �i I I 314" I ON PIPE A =00° 14' 47"
BRIAN P. = 14.36'
BINGHAM I I 9 5' CHD = 14.36'
" 9 5'
' BRG =S 12° 05' 13" E
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40' 0' 40'
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Scale: 1" = 40'J {° M/Q oo�o
BASIS OF BEARINGS I _
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THE BEARINGS HEREIN ARE BASED ON THE { o�0 m
OHIO STATE PLANE COORDINATE SYSTEM I Z co Q) c� o
SOUTH ZONE AS PER NAD 83 (1986 3 w wm. w
ADJUSTMENT). CONTRO± FOR BEARINGS WAS I >f' L^'�
cn
S O W
FROM COORDINATES OF MONUMENTS FRANK I �P S' .86 13' 38" E N i�
73 AND FRANK 74, HAVING A BEARING OF I b, o
SOUTH 73° 57' 18" EAST, ESTABLISHED BY m n
THE FRANKLIN COUNTY ENGINEERING I I.P.S. o Z
DEPARTMENT, USING 61OBAL POSITIONING
SYSTEM PROCEDURES AND £OUIPMENT. IE' - -_ I 23.35'
518' IRON PIN - ,p .5 - S 04° 13' 58" E
I HEREBY CERTIFY THAT:
THIS DRAWING REPRESENTS THE RESUL TS % KLEINGERS 8 ASSOC. CAP
OF AN ACTUAL FIELD SURVEY OF THE I I�� 40.15'
PREMISES PERFORMED BY AMERICAN z < N 89° 07' 14" W
STRUCTUREPOINT, INC. IN MARCH -APRIL
OF 2013. THIS DRAWING IS CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
I s x °m
o wow
I ° o c ° PID: 273-008325
ZO �_ a✓ I D °z FOUR FIVES, LLC
RIAN P. BIG .S. NO. 8438 DATE I N ' INST. NO. 0060200990
AMERICAN STRUCTUREPOINT, INC. II N ORlG. 8 8 AC.
CITY OF DUBLIN, OHIO
DESCRIPTION OF A 0.096 ACRE TEMPORARY EASEMENT
ACQUIRED FROM KAREN MICHELLE R. FRIEDMAN
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 0.967
acre parcel described in a deed to Karen Michelle R. Friedman, of record in Instrument Number
201202230024880, 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:
Commencing for reference at a point on the north line of said 0.967 acre parcel, being on the
south line of a 0.945 acre parcel described in a deed to Patrick W. Hitesman, of record in
Instrument Number 200106190138039, being on the existing east right -of -way line for
Riverside Drive (U.S. 33) as established by a Highway Easement designated as Parcel No. 6 in a
deed to State of Ohio, of record in Deed Book 1208, page 190;
Thence South 89 degrees 52 minutes 34 seconds East, along the north line of said 0.967 acre
parcel, along the south line of said 0.945 acre parcel, a distance of 25.73 feet to an iron pin set
on the east line of a proposed bike path easement, said point being the TRUE POINT OF
BEGINNING for this description;
Thence South 89 degrees 52 minutes 34 seconds East, continuing along the north line of said
0.967 acre parcel and the south line of said 0.945 acre parcel, a distance of 47.75 feet to a
point;
Thence across said 0.967 acre parcel along the following three (3) described courses:
1. South 16 degrees 46 minutes 39 seconds East, a distance of 31.35 feet to a point;
2. South 47 degrees 23 minutes 02 seconds West, a distance of 29.40 feet to a point;
3. South 11 degrees 57 minutes 50 seconds East, a distance of 92.66 feet to a point on the
south line of said 0.967 acre parcel, being on the north line of that original 8.230 acre
parcel described in a deed to Four Fives, LLC, of record in Instrument Number
200610060200990;
Thence North 89 degrees 07 minutes 14 seconds West, along the south tine of said 0.967 acre
parcel, along the north line of said original 8.230 acre parcel, a distance of 17.13 feet to an iron
pin set on the east line of said proposed bike path easement;
Thence across said 0.967 acre parcel and along the east line of said proposed bike path
easement along the following four (4) described courses:
1. North 04 degrees 13 minutes 58 seconds West, a distance of 23.35 feet to an iron pin
set;
2. North 50 degrees 13 minutes 38 seconds West, a distance of 16.86 feet to an iron pin
set;
3. North 11 degrees 57 minutes 50 seconds West, a distance of 94.35 feet to an iron pin
set at a point of curvature;
4. Along the arc of a curve to the left, said curve having a radius of 3,340.04 feet, a central
angle of 00 degrees 14 minutes 47 seconds and an arc length of 14.36 feet to the TRUE
POINT OF BEGINNING for this description, said curve being subtended by a long chord
having a bearing of North 12 degrees 05 minutes 13 seconds West and a length of
14.36 feet.
The above description contains a total area of 0.096 acres (including 0.000 acres within the
present road occupied) within Franklin County Auditor's parcel number 273- 008336.
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.
xz-!!L�
rian P. Bingham
Registered Professional Surveyor No. 8438
OF
BRIAN P.
BINGHAM
9 ' 8438 ;'� S
O. 9 .
l Zo Aa
Date
PRO✓. M 2007.00175
■■
EXHIBIT 'S'
0.100 ACRES
Pm eyj wa
®
TEMPORARY EASEMENT
PID: 273 - 008359
PATRICK W. HITESMAN
AME8i0AN 7550 CORPORATE EXGFIANGE DR, 574300
cauM9us.oNt223
STRUCTUREPOINT TEL 8749012235 FAx 811 801.7238
ACQUIRED FROM
CAErm eye X37
■■ INC w sW uma politI I
KAREN MICHELLE
R. FRIEDMAN
1 314"
POINT OF I
DUBLIN, OHIO
PACE 1OF 7
7
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED
IN QUARTER TOWNSHIP 3 TOWNSHIP 2 RdNG 7.4 UNITED STdTFS W/ TTdRY L AMOS_
D
W
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3 I I �Q mom
PID: 273 - 008359
PATRICK W. HITESMAN
w zar) x 25.73'
0.945 ACRES
INS 7'. NO.
x PO T OF - x S 89°
PO
52' 34" E 200106190138039
L0 w
II
1 314"
POINT OF I
I I IRRN 1RENC I
BEGINNING
7
I II I
589 52' 34' E
R= 3,340.04'
A=00'' 47'
I L =14.36'
I
BRG =N 12° 05' W I
31.35'
II I o ?
S 16° 46' 39" E
0.096 AC.
- - -- - -- -�- �1 Ivy
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29.40'
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PROP. I 3
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o
I in EASE. x
x w
w I 16.86'
r^ a o
i w N 50° 13' 38" W
CID au
QO
W 23.35' .S.
Z
N 04° 13' 58' W
rn
518" 1ROk PIN
17.13'__,
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N 89° 07' 14' W —� -.
N
I
- KLEINGERS 8 ASSOC. !AP
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PID: 273-008325
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C,
FOUR FIVES, LLC
INS T. NO. 200610060200990
rn m
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ORIG. 8.230 AC.
I ° 2
ti I
LEGEND
40' 0' 40'
Q I.P.F. IRON PIN FOUND
SCOIe: 1" - 40'
@ P.F. IRON PIPE FOUND
ot.F.s. 518" IRON PIN SET W/
BA SIS OF BEARING:
757RUCTUREPOINT -PS 8438" CAP
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 EOUIPMENT.
`, ."%1 1 111118" �
I HEREBY CERTIFY THAT: .'
` P IEOFp •�,
THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF THE ''; •• "......
� .`
'•�
PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN MARCH -APRIL OFD '.
1 1.
2 THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF_ � BRIAN P. Z.
' BINGHAM i
8
: 438 .'
p
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AL
IAN P. BING M, P.S. . 8438 DA TE
AMERICAN STRUCTUREPOINT, INC.