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Ordinance 019-15RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form N o._30043_ _ 19 -15 Passed _,,_ _ 20. AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.109 ACRE, MORE OR LESS, PERMANENT EASEMENT; AND A 0.130 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM PATRICK W. HITESMAN, FOR THE PROPERTY LOCATED AT 6332 AND 6350 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'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 permanent easement and a temporary easement from Patrick W. Hitesman, 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, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: r t 1 Ordinance No. Section 1. Council considers it necessary and declares its authorization to appropriate for the appraised value of Thirty One Thousand Seven Hundred Seventy Nine dollars ($31,779.00), 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 "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 2015. CVyor 4Presidirg'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 Manag/ Date: February 19, 2015 J 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 properly 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) Karen Michelle Ry Fried:man Permanent Easement $27,918.00 (0.100 acre ±), Temporary Easement (0..096 acre t). $31,779.00 Patrick W. Hitesman Permanent Easement (0.109 acre t) Temporary Easement 0.130 acre $5,688.00 MR/'TSARR Owner, LLC Temporary Easement (0.082 acre f) $35,930.00 Riverpark Group, LLC Permanent Easement (0.130 acre f) Temporary Easement 0.036 acre f River's Edge One Temporary Easement $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 0.109 ACRE PERMANENT BIKE PATH EASEMENT ACQUIRED FROM PATRICK W. HITESMAN 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 1.00 acre parcel and that 0.945 acre parcel, both as described in a deed to Patrick W. Hitesman, of record in Instrument Number 200106190138039, 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, the southwest corner of a 0.216 acre parcel described in a deed to City of Dublin, of record in Official Record 22899 G08, the northwest corner of a 1.00 acre parcel described in a deed to Patrick W. Hitesman, of record in Instrument Number 200106190138039), 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), said point being the TRUE POINT OF BEGINNING for this description; Thence North 89 degrees 54 minutes 26 seconds East, along the north line of said 1.00 acre parcel, along the south line of said 0.216 acre parcel, and along the south line of an original 3.866 acre parcel described in a deed to Riverpark Group, LLC, of record in Instrument Number 199912020298524, a distance of 25.46 feet to an iron pin set; Thence along the arc of a non - tangent curve to the right, across said 1.00 acre and 0.945 acre parcels, said curve having a radius of 3,340.04 feet, a central angle of 03 degrees 16 minutes 15 seconds, and an arc length of 190.67 feet to an iron pin set on the south line of said 0.945 acre parcel, being on the north line of a 0.967 acre parcel described in a deed to Karen Michelle R. Friedman, of record in Instrument Number 201202230024880, said curve being subtended by a long chord having a bearing of South 13 degrees 50 minutes 44 seconds East and a length of 190.64 feet; Thence North 89 degrees 52 minutes 34 seconds West, along the south line of said 0.945 acre parcel, along the north line of said 0.967 acre parcel, a distance of 25.73 feet to a point on the existing east right -of -way line for said Riverside Drive; Thence North 12 degrees 48 minutes 52 seconds West, across said 0.945 acre parcel, along the existing east right -of -way line for said Riverside Drive, a distance of 54.36 feet to a point of curvature; Thence along the arc of a curve to the left, continuing across said 0.945 acre parcel and across said 1.00 acre parcel, continuing 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 the TRUE POINT OF BEGINNING for this description, said curve being subtended by a long chord having a bearing of North 14 degrees 09 minutes 17 seconds West and a length of 136.13 feet. The above description contains a total area of 0.109 acres (including 0.000 acres within the present road occupied), of which 0.054 is within Franklin County Auditor's parcel number 273- 008267 and 0.055 acres is within Franklin County Auditor's parcel number 273 - 008359. 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. z K:,�- , g,: � z- r V---V Brian P. Bingha Registered Professional Surveyor No. 8438 a��` n n " , •i BRIAN P. BINGHAM 3 84.96 Ii 2 Date O-b4 -ta ) 4&-ct kw-aut , p. oS`'t do.V<. }Ol,.� Gal t�•�• 0.N- 0 � Sr 7w6l- p 0 a�v.t. Z-OW E�`e�t p 0 $°3S DESCRiP i0N VEl2IT IUD DFr+ta C. P.INCLE. P E.. HS 4 vo PRW. IVM' 2007.00175 EXHIBIT I V ■ E 0.109 ACRES DRAWN BY: BPB BIKE PA TH EASEMENT AMERICAN 2660 CORPORATE DCCHANOE 1 ON S TRUCTUREPOINT COLUM X6OH4�' ACQUIRED FROM TEL B14 .ao 1 xeae Abxwhnpofftt 23r PATRICK W. HITESMAN iNC. xnmr.strllaWrepdnt°dn 0MED BY+ M7L � DUBLIN, OHIO PAGE IOF I SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED I N QUARTER T O W N S H I P J, TOWNSHIP Z, HANUL 1Y, UNl l tU J I A I LS MILL l AHT LANUS. i PID: 273 008357 \ \ �p MRW INVESTMENTS, LLC c',0- (T_ PID: 273 009135 0.362 ACRES ` �� y 0o x RIVERPARK GROUP, LLC INST. NO. 200206720145939 \ \ mg9PFI� " ORIG. 3.866 ACRES \ co INST. NO. 199912020298524 5/8" IRON PIN \ FN IN CONC. ` 3/4" ON PIPE Q S IV 1. N 89 1 54' 26" E 1 .38' - 25.46' \ POINT OF \ \ POI T OF ` N 89° 54' 26" E REFERENCE ) N \ NW CORNER `\ \\ BEG I PID: 273 - 008267 \ I \ , PA TRICK W. HI TESMAN 0 1.00 ACRES PID: 2 73 - 0090 75 \ \ \ s 9� INST. NO. 200106190138039 OUARRY PLACE OWNERS ° R= 2,909.93' ASSOCIATION INC. \ , D =02° 40' 50" \ / = 3,340.0 INST. NO. LOT 201210 090150586 L= 136.15 R R ' =03° 16' 4 4' OUARRY PLACE OFFICE PARK \ gRG =N 14 CHa9136 \ =190.67' P.B. 68, PG 3 \ \ CHD= 190.64' BRG =S 13° 50' 44" E �oz \ 3 \ \ N PID: 273-008359 \ x \ \ Va ' . PA TRICK W. HI TESMAN 0.945 ACRES c�1 INST. NO. \ t \ 1 u) \ ` 200106190138039 PID: 2 73- 0090 76 d ` \ 03 \ Ln OUARRY PLACE OWNERS' INC. INST. NO. 201210090150686 \ \ o L Q S OUARRY PLACE OFFICE PARK \ y ` P.B. 68, PG 3 \ � G \ S . d , 25.73 \\ f, Q ti \ 1 N 89° 52' 34" W \ \ ` \ 3 4" IRON PIPE \\ \\ W c s P! : 273 008336 �9 KAREN MI HELLE R FRIEDMAN \ \ d INST. 0 NO. 2 . 01202230024880 LEGEND 40' 0' 40` QI.P.F. IRON PIN FOUND Scale: 1" 7 40' a@P.F IRON PIPE FOUND �I,p 5/8" IRON PIN SET WITH CAP BASIS OF BEARING "STRUCTUR: ;POINT PS 8438' THE BEARINGS HEREIN ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM SOUTH ZONE AS PER NAO 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. RT REPRESENTS THIS DRAWING THE RESUL TS OF AN ACTUAL FIELD SURVEY ���`,P(EeOF0y��i�� OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN 5: ' ' •,Q MARCH -APRIL OF 2013. THIS DRAWING IS CORRECT TO THE BEST OF �.• : BRIAN P. '; MY KNOWLEDGE AND BELIEF. BINGHAM 8438 0 i� RIAN P. B GH P.S. NO. 8438 ^ 'DA r � r rarrurr``� AMERICAN STRUCTUREPOINT, INC. CITY OF DUBLIN, OHIO DESCRIPTION OF A 0.130 ACRE TEMPORARY EASEMENT ACQUIRED FROM PATRICK W. HITESMAN 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 1.00 acre parcel and that 0.945 acre parcel, both as described in a deed to Patrick W. Hitesman, of record in Instrument Number 200106190138039, 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 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, being on the north line of said 0.945 acre parcel; Thence North 89 degrees 54 minutes 26 seconds East, along the north line of said 1.00 acre parcel, a distance of 25.46 feet to an iron pin set on the east line of a proposed bike path easement, being also on the south line of the River Ridge Office Condominium, of record in Condo Plat Book S6, page 43, said point being the TRUE POINT OF BEGINNING for this description; Thence North 89 degrees 54 minutes 26 seconds East, along the north line of said 1.00 acre parcel, along the south line of said River Ridge Condominium, a distance of 16.89 feet to a point; Thence South 10 degrees 23 minutes 12 seconds East, across said 1.00 acre parcel, a distance of 15.05 feet to a point; Thence South 52 degrees 59 minutes 17 seconds East, across said 1.00 acre parcel, a distance of 92.83 feet to a point; Thence South 05 degrees 05 minutes 56 seconds East, a distance of 19.91 feet to a point on the south line of said 1.00 acre parcel, being on the north line of said 0.945 acre parcel; Thence South 89 degrees 24 minutes 29 seconds West, along the south line of said 1.00 acre parcel, along the north line of said 0.945 acre parcel, a distance of 56.20 feet to a point; Thence along the arc of a non - tangent curve to the right, across said 0.945 acre parcel, said curve having a radius of 3,355.04 feet, a central angle of 01 degrees 38 minutes 55 seconds and an arc length of 96.54 feet to a point on the south line of said 0.945 acre parcel, being on the north line of a 0.967 acre parcel described in a deed to Karen Michelle R. Friedman, of record in Instrument Number 201202230024880, said curve being subtended by a long chord having a bearing of South 12 degrees 58 minutes 43 seconds East and a length of 96.54 feet; Thence North 89 degrees 52 minutes 34 seconds West, along the south line of said 0.945 acre parcel, along the north line of said 0.965 acre parcel, a distance of 15.35 feet to a point on the east line of said proposed bike path easement; Thence along the arc of a non - tangent curve to the left, across said 0.945 acre and said 1.00 acre parcels, along the east line of said proposed bike path easement, said curve having a radius of 3,340.04 feet, a central angle of 03 degrees 16 minutes 15 seconds, and an arc length of 190.67 feet to the TRUE POINT OF BEGINNING for this description, said curve being subtended by a long chord having a bearing of North 13 degrees 50 minutes 44 seconds West and a length of 190.64 feet; The above description contains a total area of 0.130 acres (including 0.000 acres within the present road occupied), of which 0.097 acres is within Franklin County Auditor's parcel number 273 -008267 and 0.033 acres is within Franklin County Auditor's parcel number 273 - 008359. 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. gE,OFQ��Oi� BRIAN P, SING HAAO y N 2 2oi • 8488 : OC Brian P. Bingham •• ,9 O �: Date Registered Professional Surveyor No. 8438 �i •�Q�87EP' ��� � "40. S.. V PROJ. Na* 2007,00175 •■ EXHIBIT ''B' 0.130 ACRES IRON PIN FOUND MUNN BY: we AMERICAN 2650 CORPORATE EXCHANGE DR, STE 300 O ■ STRUCTUREPOINT COLUMBUS, CH 43231 ■ INC TEL614.901,2�FAX6149011L ■ TEMPORARY EASEMENT ACQUIRED FROM PATRICK W. HITESMAN DUBLIN, OHIO C►IEr.KED er. m 7L 16.89' PAGE IOF 1 N 89° 54' 26' E 273 009136, 2 73 - 0 0913 7 SI TUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, L OCA TED IN QUARTER TOWNSHIP 3, TOWNSHIP 2, RANGE 19, UNITED STATES MILITARY LANDS. a o� \ 314' ON PIPE \, PO T OF \\ \ RE RENCE \ o \ \\ \ 5.46' \ \ \ N 8954' 26' E \ \ \ R= 3,340.04' \ \ 1 -0 L- 190.67 CHD= 190.64' \ BRG =N 13° 50' 44' W \ � z p� 1 o p m5 �O � Omu \ 1 m cc \ \ PROP. TH EASE. Or \ \ \\ LA \ \\ LA ,mo PID: 273 - 008267 S PATRICK W. HITESMAN I NC RES S9 INST. NO. 200106190138039 17 - F 0 I / ��//� 1 9 .91 0.130 AC. SOS 05' 56" E 24' 2� -� 56.20' R= 3,355.04' A =01° 38' 55' 96.54' CHD= 96.54' �B 12° 58' 43" E PID: 273 - 008359 PATRICK W. HITESMAN 0.945 ACRES INS T. NO. 200106190138039 S . 15.35' `p' N 89° 52' 34" W 3 4' IRON PIPE P :273-008336 KAREN HELLS R. F DMAN 967 ACR INST. N 2012022 0024880 ■ ■ ■ 0 m i ■ ■ ■_■_ BASIS OF BEARING: — POINT OF IRON PIN FOUND RIVER RIDGE BEGINNING •i.F.s. OFFICE CONDOMINIUM C.P.B. 56, PC 43 16.89' PIDs: 273-009135, N 89° 54' 26' E 273 009136, 2 73 - 0 0913 7 8 273- 009138 5.05' 10° 23' 12 ' E PID: 273 - 008267 S PATRICK W. HITESMAN I NC RES S9 INST. NO. 200106190138039 17 - F 0 I / ��//� 1 9 .91 0.130 AC. SOS 05' 56" E 24' 2� -� 56.20' R= 3,355.04' A =01° 38' 55' 96.54' CHD= 96.54' �B 12° 58' 43" E PID: 273 - 008359 PATRICK W. HITESMAN 0.945 ACRES INS T. NO. 200106190138039 S . 15.35' `p' N 89° 52' 34" W 3 4' IRON PIPE P :273-008336 KAREN HELLS R. F DMAN 967 ACR INST. N 2012022 0024880 ■ ■ ■ 0 m i ■ ■ ■_■_ BASIS OF BEARING: 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- RT REPRESENTS LEGEND 0f.P.F IRON PIN FOUND P.F. IRON PIPE FOUND •i.F.s. 518" IRON PIN SET W/ MY KNOWLEDGE AND BELIEF. 'STRUCTUREPOINT 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 EQUIPMENT- RT REPRESENTS OFOy�,��� THIS DRAWING THE RESULTS OF AN ACTUAL FIELD SURVEY �.•`�At... 4 b •'• OF THE PREMISES PERFORMED BY AMERICAN STRUCTUREPOINT, INC. IN .•� O Z •�: MARCH -APRIL OF 2013. THIS DRAWING IS CORRECT TO THE BEST OF J : BRIAN P. MY KNOWLEDGE AND BELIEF. -_ t BINGHAM • 8498 " •' RIAN P' GHA , P.S. NO. 8438 DA FE AMERICAN STRUCTUREPOINT, INC.