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Home My WebLink About03-06 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, lnc. Form No. 30043 03-06 Ordinance No. Passed ao AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.359 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.058 ACRE, MORE OR LESS, UTILITY EASEMENT, FROM ROBERT EICKHOLT AND T & R PROPERTIES, LOCATED SOUTH OF TUTTLE CROSSING BOULEVARD AND EAST OF OLD WILCOX ROAD, 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 0.359 acre, more or less, fee simple interest, and a 0.058 acre, more or less, utility easement for road widening purposes for Sixty Four Thousand Four Hundred Forty Nine Dollars and 00/100 Cents ($64,449.00); and WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee simple interest in the 0.359 acre, more or less, fee simple interest, and a 0.058 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 concumng 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 0.359 acre, more or less, fee simple interest, and a 0.058 acre, more or less, utility easement and paying any related costs. Section 3. 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 Boulevard 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 be in full force and effect immediately upon passage. Passed this ~_ day of~ /% ~ , 2006. V ~~~e Mayor - Presidi fficer 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. Duty Clerk of Council, Dublin, Ohio MEMORANDUM TO: Dublin City Council Jane Brautigam FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Stephen J. Smith, Law Director DATE: February 2, 2006 RE: Tuttle Crossing Blvd. Widening Project Ordinance 03-06 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 Robert Eickholt and T&R Properties. A drawing of the proposed right-of--way and permanent utility easement is attached for your review. The City, Eickholt and T&R Properties have agreed to the terms of sale and compensation in the amount of $64,449.00, the appraised value. Based upon Eickholt and T&R Properties willingness to settle for the appraised value, the City is agreeable to their request to close and obtain payment prior to February 28, 2006; therefore, waiving the 30 day waiting period. Negotiations are ongoing with the remaining landowners. Ordinance No. 03-06 has been submitted to Council for approval of this acquisition. RECOMMENDATION: Legal Staff recommends approval of Ordinance No. 03-06. ~SCHOTTENSTEIN ZOX & D U N N ~o.LPA MEMORANDUM TO: Dublin City Council Jane Brautigam FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Stephen J. Smith, Law Director DATE: January 18, 2006 RE: Tuttle Crossing Blvd. Widening Project Ordinance 03-06 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 Robert Eickholt and T&R Properties. A drawing of the proposed right-of--way and permanent utility easement is attached for your review. The City, Eickholt and T&R Properties have agreed to the terms of sale and compensation in the amount of $64,449.00, the appraised value. Negotiations are ongoing with the remaining landowners. Ordinance No. 03-06 has been submitted to Council for approval of this acquisition. RECOMMENDATION: Legal Staff recommends approval of Ordinance No. 03-06. ~ SZD.com Columbus Cleveland Cincinnati I H0635770. I I 250 West Street, Columbus, Ohio 43215-2538 I P.O. Box 165020, Columbus, Ohio 43216.5020 I voice: 614.462-2700 I Fax: 614.462-5135 ATTACHMENT A PARCEL 5-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 0.9937 acre tract as conveyed to Robert Eickholt and T & R Properties, Inc. by deed of record in Official Record 14901 G-07 (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: Beginning at~ a railroad spike found at the southwest corner of a 1.2068 acre tract as conveyed~to MVA Real Estate Group, LTD. by deed of record in Instrument No. 2000 1 03 1 0220400 and the northwest corner of said 0.9937 acre tract, being in the east line of Virginia Military Survey No. 3004 and the west line of Virginia Military Survey No: 301 1, also being the centerline intersection of Tuttle Road and Old Wilcox Road as shown in Plat Book 75, Page 45-46; Said found railroad spike is North eighty-four degrees twenty-five minutes thirty= four seconds East (N 84°25'34"E) two-thousandtwenty-nine and 91/100 feet 2,029.91 feet to FCGS 2213, and is North eighty three degrees one minutes twenty-three seconds East (N 83°01'23" E) three-thousand one-hundred forty and 17/100 feet 3,140.17 feet to FCGS 6641; thence along the north line of said 0.9937 acre tract, the south line of said 1.2068 acre tract, and the centerline of said Tuttle Road North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for one hundred ninety-five and 23/100 feet (195.23 to the northeast corner of said 0.9937 acre tract and the northwest comer of a 1.313 acre tract as conveyed to Donald S. _ Lowery and Dianne L. Lowery by deed of record in Official Record 25414 F-11; thence along the east line of said 0.9937 acre tract and the west line of said 1.313 acre tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for sixty-six and 00/100 feet (66.00') to a point; thence across said 0.9937 acre tract for the following three (3) courses: 1.) South'eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one hundred fifteen and 17/100 feet (115.17') to a point; EXHIBIT 2.) South thirty-nine degrees twenty-five minutes thirty seconds West (S39°25'30"W) for seventy and 71/100 feet (70.71') to a point in the east right-of--way line of said Old Wilcox Road; 3.) South eighty-four degrees twenty-five minutes twenty-seven seconds West (S84°25'27"W) for thirty and 00/100 feet (30.00'} to a point in the west line of said 0.9937 acre tract and.V.M.S. 3011, the east line of a 51.387 acre tract as conveyed. to Wilcox-Tuttle Limited Partnership by deed of record in Official Record 14758 H-17 and V.M.S. 3004, and in the centerline of said Old Wilcox Road; thence along the west line of said 0.9937 acre tract and V.M.S. 3011, the east line of said 51.387 acre tract and V.M.S: 3004, and the centerline of said Old Wilcox Road North five degrees thirty-four minutes thirty-three seconds West (NOS°34'33"W) for one hundred sixteen and 00/100 feet (116.00') to the TRITE POINT OF BEGINNING, containing zero and 359/1000 (0:359) 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 0.359 of an acre, more or. less including the present road, which occupies 0.194 of an acre, more or less. . The Franklin County Auditor's Office carries the affected tract as a 0.99 acre tract with Parcel No. 273-005390-00. 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 Official Record 14901 G-07, Recorder's Office, Franklin County, Ohio. Steven W. Newell Ohio Professional Surveyor ANAL S~~~~ D -1~ ~-c. S~GcT D • 359 A~r'S p ~ o ~ Ca~~ 5 3 90 DEAN C. RENGLE, BY: ,r -/ DATE: `I ~~fi/b CITY OF DUBLIN TnT EXHIBIT PREPARED BY THE CITY OF DUBLIN, 1 b/ Y Y AND E AS E M E N T I ENGINEERING TUTTLE CROSSING BLVD. 5800 Shier Rings Road • Dublin, Ohio 43016-1236 DUBLIN, 01 I. Phone (614)410-4600 ~ Fax (614)761-6506 6 00 L u~~ - _____... - .r----- ------._._ - - - G _->___._.. +28.31 +9831 oo°, 69.00' L °° 10'WHI7E SOOD 4-UV RASS .i '" a 3 * - _ 1VV6'SVEET N 84.25'34• PINE 5.74' PROP. R/W S - 84.25'34' W - SB4.25'2TW 66.00'L lT!'l'1< GUM_ _ _ _ ----- 50.00' 30.00' 30.00' _ JC w PLANT 10'WHI7E 66.00' L o ° GRASS° + i?{'CRAB ]0'WH TE i o ° ° 1 CONST. TUTTLE ROAD= Att''~r~~ PINE °` ~ ~ STA. 1+00.00, 0.00'L BASKETBALL 4-WD ca ~o Q I CONST. LLD WILCOX ROAD= HOOP X.CURB/GUTTER ~ ~ 3 ~ ~ --.-__..--- --- -fX~PHALI __ !'~ DRIVE EX. R/W w o TUTTLE R AIjTONE GRASS iTING R/W in _E ROAD z -___ __ _ __-- _ _ ___ EX.EDGE OF PAVEMENT ~ - ~ 14+00 75+GO 16+CO ].50' N 84`2' 4' E ~ y ~- - _ „_, o - - t4'2S 34' E -- - 195.23' 150,00' + ]4+00 / ! 15+00 16+00 / I I ('f7NC7. TIITTI F RiIAD 30' C.&S.O.E. 30' C.4S.O.E. ~_WD Z 5-WD DB 3052, PG 55 '~. GRA DB 3052, PG 55 J o f -.------._------ - - ~ ~ ~. i EX. R/W 20' COLUMBIA GA9 `°0 15' COLUMBIA GAS OR 26802 I-18 Mq ~ OR 15155 G-14 = ~w w (~ 90 _ ~ o -__ -. _ __ _.- A Q GRASS ~ _- - -- -- ~- ~a F 1 ~ ~ : "10'PINE GRASS ua 20' COLUMBIA GAS EX. R/W 3 w~' 12' INE OR 26349 F ~I'~ ~ ~ PROP. R/W ~ ~.r.s \ .r.s ~- _.__ ~ 2'PINE 8'PINE ~.\... - \I Jai I ~ ~ 6'PINE , 2g 5-UV °o J .~,,_ T ~ w~ ,,.Ze. 0 7-UV 2-WD o _ o °a ~ O'1,,~ -- - -- 10' INE N _ _ z °° x NEB 20' PROP. UTILITY EASEMENT '°,pO ~ in . um w 6' 10' NE 6' !NE GRASS 'O.- ~ PINE w ~ ~' ~ V n 6'PINE 24'M~LE~~CX'CX?7~.]C~k~~ ]90~PINE '' '30.00' 6'PINE ~•P s 30.00' 6'PINE 3 io ;fl 4 6'PINE 5 w 7 O ~ !~ L-q ROBERT EICKHUL7 AND ~ DONALD S. LOWERY AND `* UQ T&R PROPERTIES, INC. .a DIANNE L. LOWERY LIMITED PARTNERSHIP q ~ ~ ZU OR 25414 F-]] 1758 H-17 ¢ ~ ~ ~ ~~ EX SPH.DRI E EX. OR 1490] G-07 :~ 273-005400-00 005403-00 3^ ° ~° UX ~ ANDONE) CONC. 273-005390-00 0 1.313 ACRES (DEED) iCRES (DEED) a ~~ z z _^ ~ PAD 0.9937 ACRES (DEED) 0.000 ACRE <AUD170R) 0.99 ACRES (AUD170R) vi 2ES (AUDITOR) °o ~ U ~ NET=1.086 1=16.686 NET=0.561 " Up ~-.. 7BA=0.359 7BA=0.227 A=0.063 ,~ U w 3 h 5657 TUTTLE RD. WILCOX RD. s ~~ O ~ ~ pINEO OPINE U q ~ X 3 ti ~ p BUSH wq 3 ~ _^ = INDICATES UTILITY EASEMENT AREA. (0.058 ACRE) = INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.194 ACRE) = INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.165 ACRE) DRAWN CHECKED DATE: JOB N0. TOTAL RIGHT-OF- WAY = (D. 359 ACRE) JLR KBR 01 /19/06