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HomeMy WebLinkAbout19-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 19-06 Ordinance No. Passed , 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.316 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.097 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT, FROM RUSSELL DUEMMEL AND CAROL LEAH DUEMMEL, LOCATED SOUTH OF TUTTLE ROAD AND WEST OF EMERALD PARKWAY, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to widen Tuttle Crossing Blvd. between Wilcox Road and I-270 and improve related traffic circulation; and WHEREAS, the City desires to enter into an agreement to purchase a 0.316 acre, more or less, fee simple interest, and a 0.097 acre, more or less, utility easement for road widening purposes for Seventy One Thousand Seven Hundred Fifty Five Dollars and 00/100 Cents ($71,755.00); and WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee simple interest in the 0.316 acre, more or less, fee simple interest, and a 0.097 acre, more or less, utility easement, in the City of Dublin, Franklin County, Ohio, as described in the attached Exhibits "A" and "B". NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, state of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a Real Estate Purchase Agreement and any necessary closing documents related to the acquisition of the 0.316 acre, more or less, fee simple interest, and a 0.097 acre, more or less, utility easement and paying any related costs. Section 2. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt widening of Tuttle Crossing Blvd. between Wilcox Road and I-270 is necessary to improvement traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this day of , 2006. Mayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Depute Jerk of Council, Dublin, Ohio SCHOTTENSTEIN ZOX& DU N N~~..~P,, MEMORANDUM TO: Dublin City Council Jane S. Brautigam FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: March 29, 2006 RE: Tuttle Crossing Boulevard Widening Project Ordinance Nos. 19-06 and 20-06 SUMMARY: We are beginning the land acquisition process for the widening of Tuttle Crossing Blvd. between Wilcox Road and I-270 which will affect fifteen (15) landowners. This project requires the acquisition of right-of--way and permanent utility easement from Russell Duemmel and Carol Leah Duemmel. A drawing of the proposed right-of--way and permanent utility easement was previously introduced with Resolution Nos. 20-06 through 23-06 on March 6, 2006. The City and Duemmels have agreed to the terms of sale and compensation in the amount of $71,755. Ordinance No. 19-06 has been submitted to Council for approval of this acquisition On March 6, 2006, Council passed Ordinance No. 17-06 to appropriate a fee simple interest and permanent utility easement from Robert G. Eickholt, Jane M. Eickholt and David Eickholt. The value of the interests appropriated was incorrect and Ordinance No. 20-06 has been submitted to ~.~.~=~;r„-:, Council to repeal Ordinance No. 17-06 and set forth the correct valuation to appropriate from Robert G. Eickholt, Jane M. Eickholt and David Eickholt. Columbus Cleveland RECOMMENDATION: Cincinnati Legal Staff recommends approval of Ordinance Nos. 19-06 and 20-06. ;HOSS2i~s i } 250 Wesi Street. Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 CITY OF DUBLIN EXHIBIT PREPARED BY THE CITY OF DUBLIN, ~/W AND EASEMENT ENGINEERING TUTTLE CROSSING BLVD. 5800 Shier Rings Road • Dublin, Ohio 43018-1298 DUBLIN, OH. Phone (614)410-4800 • Faz (814)781-8508 g ~c~ ,~asv_EET c ~ • ~ ~ ~o ~ Ei.N ~ I~ L3I~ ~,',~'i`i ,o' ~~~`~~~7v`~ pp~1/p ii I nuT. as IAa~ooea7x+ ~ DIST. N19~~,12_00~S7~T01 - LAI~J°D1G ~ - L Ll!®0.iwPH~ CDIIST. LIMITS - ~-U 'r ~1_l~ p-~~',~ - O ~ ~_Y~p)r E%R/V 16• LRAB APPLE MAPLE INPLE F I ~I 'N1PI.~ S 1MST 9981 gyp' p p~ r GRAa I~I STUD MMLE ~ I ~ CM~IPLE O ~E I, ,wry 6 s 6 GRASS I 3234 1 EXISTING R/W ~ GRASS TUTTLE ROAD TUTTLE ROAD ~ C 7, 1 EXISTING R/W +23¢9 Dnen j11771 C RTIAn 161 EXEDfiE DF PAVEII TUTTLE ROAD 210'L 24+p0 26+00 27+( 84'25'34' V EXEDGE DF PAVOENf CRDSSU:G +OA84 N 84.23'31' E _ I_ ~6~4STNfa__~-- ERFDC£ 6 _ 3G,~,pE ~ 3^' C.ISOE. T&E~CS 6•~ 5_1? E7C4N.VIRE FEN(F DH 3RS2. PG 66 4-W ~ l5' CGLl818iA GAL bE a0;2, ~G 67~ - _ 1 i-15 15' UIH1A GAS EXR/V 1' J 12' FRVIT TREES 30' S~,E IS' CaU1B1A GAS 1 IS' )A tR E-03 P I P DB PG 67~ ~ DR 15221 I-16 ~ J '!W U2 13076 L-07 - - I OR 2~&'i4U91E 20 ~~.{~9 E 20 - - HZUSH L IAEES ~1~;~-~ 4-U CONSTLDQTS 6' GRASS 6-U CDNSi, LMITS ELM ~9o'u~1r 0 -C- - - _ - - - ' pp - - MAPLE ~ Z,.. _ _ ~ f~ i Nu _ ~pg ~I' - ~ F n 7RiLyc 1-s1TRY S1DPE L STIxLO ~~T~>~IUC 1 Aim 96'6AK j - ~i -0o : ~ _ ylppoooA~1~~ $ ~ - - - . _ _ PET~0.684 ~6 DLMNE~R r7C ~D CORBETi AND 16 290 ~T L000 S fAUDITIMI) NET~O. 31 78A~0.266 14 V J4S~ 30U _ V 11S' _ , ~ ~ - = INDICATES UTILITY EASEMENT AREA. (0.097 ACRE) = INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.143 ACRE) = INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.173 ACRE) DRAWN CHECKED DATE: JoB No. TOTAL RIGHT-OF- WAY = (0.316 ACRE) JLR KBR 03/01 /06 ATTACHMENT A PARCEL 16-WD Being a parcel of land lying on the right side of the centerline of survey of Tuttle Road, made for the City of Dublin as recorded in Plat Book Page _ of the records of Franklin County. Situate in Virginia Military Survey No. 3011, City of Dublin, County of Franklin, State of Ohio, and being part of a 1.000 acre tract as conveyed to Russell Duemmel and Carol Leah Duemmel by deed of record in Deed Book 2901, Page 329 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and being more particularly bounded and described as follows: Commencing for reference at a railroad spike found at the centerline intersection of Hirth Road and Tuttle Road as shown on the centerline of survey plat for Hirth Road; Washington Twp. Rd. No. 355; Said found railroad spike is North eighty-four degrees twenty-three minutes twenty-one seconds East (N 84°23'21 "E) fifteen and 09/100 feet 15.09 feet to FCGS 2213, and is North eighty degrees thirty minutes fifty-one seconds East (N 80°30'51" E) one-thousand one-hundred twenty-seven and 04/100 feet 1,127.04 feet to FCGS 6641; thence South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for eight hundred thirty-three and 34/100 feet (833.34') to the northeast corner of said 1.000 acre tract (Duemmel) and the northwest comer of said 14.54 acre tract as conveyed to Robert G. Eickholt, Jane M. Eickhoit, and David Eickholt by deed of record in Official Record 13739 J-04 and Official Record 12962 H-20t, being the TRUE POINT OF BEGINNING of the herein described tract; thence along the east line of said Duemmel tract and the west line of said 14.54 acre tract South seven degrees fifty-seven minutes forty-seven seconds East (S07°57'47"E) for sixty-six and 06/100 feet (66.06') to a point; thence across said Duemmel. tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for two hundred ten and 08/100 feet (210.08') to a point in the west line of said Duemmel tract and the east line of a 1.000 acre tract as conveyed to Duane Richard Corbett and Judy Lee Corbett by deed of record in Deed Book 2901, Page 331; thence along the west line of said Duemmel tract and the east line of said Corbett tract North five degrees thirty-one minutes forty-seven seconds West a EXHIBIT W J Q y J (NOS°31'47"W) for sixty-six and 001100 feet (66.00') to the northwest corner of said Duemmel tract and the northeast corner of said Corbett tract also being in the centerline of said Tuttle Road; thence along the north line of said Duemmel tract and the centerline of said Tuttle Road North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for two undyed seven and 28/100 feet (207.28') to the TRUE POINT OF BEG G, containing zero and 316/1000 (0.316) acies, more or less, subject however to all covenants, conditions, restrictions, reservations, and easements contained in any instrument of record pertaining to the above described tract of land. It is understood that the above described tract contains 0.316 of an acre, more or less including the present road, which occupies 0.143 of an acre, more or less. The Franklin County Auditor's Office carries the affected tract as a 1.00 acre tract with Parcel No. 273-005386-00. This description was prepared from a field survey performed by Woolpert, Inc. in January, 2002, with bearings based upon the Ohio State Plane Coordinate System, South Zone, North American Datum of 1983 (1986), holding FCGS 2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E). The Grantor claims title by instrument of record in Deed Book 2901, Page 329, . Recorder's Office, Franklin County, Ohio. oolpert, Inc. •••''~E OF p ~ cyS`o~ = WAYNE p cw't' of C Steven W. Newell ~ Z NEWELL ~ `J3~fO Ohio Professional Surveyor #7212 = O 5-741 Q O 9F ! TERE~ ~`cr , ,,,.~~.OhA L gV4•• , ~F DGSCttIIPTTION VERIF'IF.D~ DEAN C. RINGI:E. P.E,PS. BY: bar DAI'E:~-_____ ATTACHMENT A PARCEL 16-UV Being a parcel of land lying on the right side of the centerline of survey of Tuttle Road, made for the City of Dublin as recorded in Plat Book Page _ of the records of Franklin County. Situate in Virginia Military Survey No. 3011, City of Dublin, County of Franklin, State of Ohio, and being an utility easement over a 1.000 acre tract as conveyed to Russell Duemmel and Carol Leah Duemmel by deed of record in Deed Book 2901, Page 329 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and described as follows: Commencing for reference at the northeast corner of said 1.000 acre tract also being in the centerline of Tuttle Road (Tuttle Road Sta. 26+09.78, 0.00 feet left); thence along the east line of said 1.000 acre tract South seven degrees fifty-seven minutes forty-seven seconds East (S07°57'47"E) for sixty-six and 061100 feet (66.06') to the TRUE POINT OF BEGINNING (Tuttle Road Sta. 26+12.53, 66.00 feet right) of the herein described easement; thence continuing along the east line of said 1.000 acre tract South seven degrees fifty-seven minutes forty-seven seconds East (S07°57'47"E) for twenty and 02/100 feet (20.02') to a point (Tuttle Road Sta. 26+13.36, 86.00 feet right); thence across said 1.000 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for two hundred ten and 93/100 feet (210.93') to a point in the west line of said 1.000 acre tract (Tuttle Road Sta. 24+02.43, 86.00 feet right); thence along the west line of said 1.000 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'4?"W) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 24+02.45, 66.00 feet right) thence across said 1.000 acre tract North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for two hundred ten and 08/100 feet (210.08') to the TRUE POINT OF BEGINNING, containing zero and 097/1000 (0.097) acres, more or less, subject however to all covenants, conditions, restrictions, reservations, rights-of-way, and easements contained in any instrument of record pertaining to the above described tract of land. It is understood that the above described tract contains 0.097 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less. ~ EXHIBIT J J Q The Franklin County Auditor's Office carries the affected tract as a 1.00 acre tract with Parcel No. 273-005386-00. This description was prepared from a field survey performed by Woolpert, Inc. in January, 2002, with bearings based upon the Ohio State Plane Coordinate System, South Zone, North American Datum of 1983 (1986), holding FCGS 2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E). The Grantor claims title by instrument of rec4F~~i~n Deed Book 2901, Page 329, , Recorder's Office, Franklin County,••Oy PEE pF pjy~~,y, W Ipert, Inc. ` * STE1/EN WAYNE { ~ ~ NEWELL ~ i 5-74.14 ~o Steven W. Newell ~=~''1~ ~F rstEa~~ J~ Ohio Professional Surveyor #7212 ~'~,,s:S`~©NA ~ Sv~.•,• •