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Home My WebLink About38-07 ResolutionRECORD OF RESOLUTIONS Dayton Legal BI2nk Inr Fo~in Nn 30045 Resoluhnn No. 38-07 P~~.SS~~<< , 'o A RESOLUTION OF INTENT TO APPROPRIATE A 0.227 ACRE, MORE OR LESS ,FEE SIMPLE INTEREST (WITH 0.103 ACRE, MORE OR LESS, PRESENT ROAD OCCUPIED) AND 0.069 ACRE, MORE OR LESS, UTILITY EASEMENT, FROM THE ANITA JOYS REALTY COMPANY, LTD., LOCATED ON THE NORTH SIDE OF TUTTLE CROSSING, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin ("City"), in cooperation with the City of Columbus, is preparing to widen Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road to improve related traffic circulation; and WHEREAS, said improvement requires the City to obtain a simple interest and utility easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio; NOW, THEREFjORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring, that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of widening Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road to improve related traffic circulation, a fee simple interest and utility easement in and to the premises located in the County of Franklin, Ohio, and more fully described in the legal description attached hereto as Exhibit "A". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted bylaw. Passed this ~L~' rd~ day of ~t~~-..- , 2007. ~~ Mayor -Presiding Officer ATTEST: Clerk of Council i ~SCHOTTENSTEIN ZOX~LDUNN , ME,~IORAND UM TO: Dublin City Council Jane S. Brautigam, City Manager FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Stephen J. Smith, Law Director DATE: June 14, 2007 RE: Tuttle Crossing Boulevard Widening Resolution No. 38-07 -The Anita Joye Realty Property PROJECT BACKGROUND The City, in partnership with the Franklin County Engineer's Office and the City of Columbus, is preparing to widen Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road to improve related traffic circulation. The partnering agencies are working diligently to complete this project in a timely manner. This project requires the acquisition of either a "parfiial take" (the purchase of a portion of the parcel for right-of--way) or a "total take" (the purchase of the entire parcel) from multiple property owners on the north side of Tuttle Crossing Boulevard. This memorandum discusses the partial take from Anita Joye Realty - a 0.227 acre, more or less, fee simple interest for light-of--way, (with 0.103 acre, more or less, present road occupied) and a 0.069 acre, more or less, easement for utilities. There are additional resolutions before Council concerning other property involved in this project. The remaining property owners are the following: the Stilles, UDF, the Geases, B.E.D. Development Co., BRE/ESA P Portfolio LLC., and Capitol City Lodge. Utility relocation along the north side of Tuttle Crossing Boulevard portion of this project is scheduled to commence as soon as the appropriations are completed. This project will be advertised for bids this month with a bid opening anticipated at the end of the month or early in July. Construction is not expected to commence until either late August or early September, with completion in mid-2008. ACQUISITION DETAILS: Since the year 2006, the Law Director's Office has been in contact with the landowners to negotiate the required property acquisitions. All appraisals have been completed and the legal department engaged M/E Company (Mr. Chris Howard) to negotiate the acquisitions with the landowners. These negotiations will continue to take place after passage of these resolutions. If agreements are reached, then the Law Director's Office will prepare ordinances authorizing the City Manager to enter into real estate purchase contracts with the landowners. If agreements June 14, 2407 Res. 38-07 -Tuttle Crossing Blvd. Widening Page 2 of 2 cannot be reached, the legal department will proceed with preparing ordinances for presentation at Council at the July 2nd, 2007 City Council meeting regarding litigation. RECOMMENDATION: Legal Staff and Division of Engineering recommend approval of Resolution No. 38-07. ATTACHMENT A PARCEL 9-UV Being a parcel of land lying on the left 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 1.033 acre tract as conveyed to The Anita Joye Realty Company, Ltd. by deed of record in Instrument No. 199712290177374 (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 southwest corner of said 1.033 acre tract also being in the centerline of Tuttle Road (Tuttle Road Sta. 18+73.98, 0.00 feet left); thence along the west line of said 1.033 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for sixty-six and 00/100 feet (66.00') to the TRUE POINT OF BEGINNING (Tuttle Road Sta. 18+74.03, 66.00 feet left) of the herein described easement; thence continuing along the west line of said 1.033 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 18+74.04, 86.00 feet left); thence across said 1.033 acre tract North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for one hundred fifty and 00/100 feet (150.00') to a point in the east line of said 1.033 acre tract (Tuttle Road Sta. 20+24.04, 86.00 feet left); thence along the east line of said 1.033 acre tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 20+24.03, 66.00 feet left); thence across said 1.033 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one hundred fifty and 00/100 feet (150.00') to the TRUE POINT OF BEGINNING, containing zero and 069/1000 (0.069) 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 0.069 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less. The Franklin County Auditor's Office carves the affected tract as a 1.03 acre tract with Parcel No. 273-005418-00. 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 Instrument No. 199712290177374, Recorder's Office, Frallicd~ttK3ou~, Ohio. •'~P~E OF ~k1p ~'•. o lpert, • ~ '• STEVEN s * WAYNE ~(o~ -~ ~ N~vvEU- Steven W. Newell ':~Dd~~ X5-7494 ~b Ohio Professional Surveyor #7212 =.,,~`ss ~ tEa ~.~'; ••,, BONA L SJ.••'• ATTACHMENT A PARCEL 9-WD Being a parcel of land lying on the left 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 1.033 acre tract as conveyed to The Anita Joye Realty Company, Ltd. by deed of record in Instrument No. 199712290177374 (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 raikoad spike found in the east line of Virginia Military Survey No. 3004 and the west line of Virginia Military survey No. 3011, also being the centerline intersection of Tuttle Road and Old Wilcox Road as shown in Plat Book 75, Page 45-46; Said found raikoad spike is North eighty-four degrees twenty-five minutes thirty- four seconds East (N 84°25'34"E) two-thousand twenty-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 North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for four hundred forty-five and 67/100 feet (445.67') to the southwest corner of said 1.033 acre tract and the southeast corner of a 1.032 acre tract of land as conveyed to David H. Gease and Delores Gease by deed of record in Deed Book 2853, Page 676 being the TRITE POINT OF BEGINNING of the herein described tract; thence along the west line of said 1.033 acre tract and the east line of said 1.032 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for sixty-six and 00/100 feet (66.00') to an iron pin set; thence across said 1.033 acre tract North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for one hundred fifty and 00/100 feet (150.00') to an iron pin set in the east line of said 1.033 acre tract and the west line of a 1.739 acre tract as conveyed to Samuel L. Stille and Susan C. Stille by deed of record in Official Record 10016 I-11; thence along the east line of said 1.033 acre tract and the west line of said 1.739 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 the southeast comer of said 1.033 acre tract and the southwest corner of said 1.739 acre tract also being in the centerline of said Tuttle Road; thence along the south line of said 1.033 acre tract and the centerline of said Tuttle Road South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one hundred fifty and 00/100 feet (150.00') to the TRITE POINT OF BEGINNING, containing zero and 227/1000 (0.227) 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 0.227 of an acre, more or less including the present road, which occupies 0.103 of an acre, more or less. The Franklin County Auditor's Office caries the affected tract as a 1.03 acre tract with Parcel No. 273-005418-00. 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). Iron pins set are 5/8" rebar, 30" in length, with a plastic plug placed on top inscribed with the name "Franklin County Engineer", unless otherwise noted. All monuments found are in good condition unless otherwise noted. The Grantor claims title by instrument of record in Instrument No 199712290177374, Recorder's Office, Franklin County, Ohio. Woo ert, Inc tl~p'i.(oc~ Steven W. Newell Ohio Professional Surveyor #7212 DEAN C._R[NGI.~ P.E.P.S. BY. , DA ~ r ~! ~ ~. ~„ ~, ' ( cM 1 ~ .. ~ ~~. 51 r, ~M ,_ . . ,.~: ~ . b. ~~~_~ SP~If p•227~t~`s oar c1F ~2?3~ sy~i g ~I'T~ QF D~[JF~L P`REP14~D BY THE Gi'PY' OF DUHi~. ~~~ 5890 Stier Ringa Road ~ iJ~tm, fihia 45x18-~I~36 PItoaae {G14}d1~-46QQ * Fax (81dj7Bi--$~tI6 r^+. ~r..1 t~1 ~: ~~~ g' ~~ !G' dr`.a f~-Sd`~`1 F,tk „74:16 ASS ~,~,,f 33 ?k?",.. ti. a~w ' ~X ~ :~'i ?{4f F AEfn 4. t~*`" ~ _ ~~~~ R/W AND EASEMENT TLPfTLE CROSSING BLVI3. 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