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HomeMy WebLinkAbout43-07 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank Inr Fciim No 30015 Resolutioia No 43-07 Pu.~.ced . 20 A RESOLUTION OF INTENT TO APPROPRIATE A 0.157 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM R. STEVEN MARCUS AND DOROTHY J. MARCUS, LOCATED ON THE WEST SIDE OF AVERY ROAD, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin ("City") is preparing to widen Avery Road and to construct a modern roundabout at the Avery Road/Tuswell Drive intersection to improve traffic circulation; and WHEREAS, said improvement requires the City to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio; NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~,r of the elected members concurring, that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of widening Avery Road and constructing a modern roundabout at the Avery Road/Tuswell Drive intersection to improve traffic circulation, a fee simple interest in and to the premises located in the County of Franklin, Ohio, and more frilly 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 by law. Passed this di day of ~~~~-~ , 2007. Mayor -Presiding Officer ATTEST: Clerk of Council 1 ~SCHOTTENSTEIN ZOX~~DUNN,, ,. ~YIEMORAND UlYI 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: Avery Road Widening and Avery/Tuswell Drive Roundabout Resolution No. 43-07 -The Marcus Property PROJECT BACKGROUND: The City will be undertaking road improvements to Avery Road and Tuswell Drive, including the construction of a roundabout and the extension of the existing Avery Road median north of Woerner-Temple Road to Irelan Place along with the extension of the existing bike path north to Shier-Rings Road. This construction will be commencing in the upcoming summer construction season (2007). This project requires the acquisition of either a "partial 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 along Avery Road and / or Tuswell Drive. This memorandum discusses the partial take from R. Steven Marcus and Dorothy J. Marcus - a 0.157 acre, more or less, fee simple interest for right-of--way. The other properties involved are the following: (Sharon Upperman, Stonehenge Company, Thane Thatcher, Steven Marcus, Michael Blue, John Keith, Kendall Ridge LLC, Westdale Properties, LLC and the Swope property). The only remaining acquisitions concern the Marcus's, Kendall Ridge LLC, and Westdale Properties. ACQUISITION DETAILS: The appraisal is complete and the legal department engaged M/E Company to negotiate the acquisition with Mr. and Mrs. Marcus. The legal department has also been in contact with the Marcus's and he has executed aright-of--entry allowing utility companies onto the property for the utility relocation. The legal department will continue to discuss the acquisition of the needed land, through M/E Company, with the Marcus's according to the appraisal. If an agreement is reached, the Law Director's Office v~all prepare an ordinance authorizing the City Manager to enter into a real estate purchase contract with the Marcus's. If an agreement cannot be reached, the legal department will proceed with preparing an ordinance for presentation at Council regarding litigation. RECOMMENDATION: Legal Staff and Engineering Staff recommend approval of Resolution No. 43-07. 1189°J13 1~1.'l' win PARCFS, I: situated in the state of Ohio, O~i1ty of Ftantclin, and is the :bwnehip o! Waehiryb~: Being Lot rAmber Six (6 ), in QAN-SNE[tRI SIBDIyISICN, as the sears !s ntmbeted end delir-p~ted upon the reooxrled plat thereof, of xbooxd in Plat Book 25, L~Je ~, Reoo~tder a Office, Franklin County, Oho, PAfiCE[. I I Situated in the Ctxmty of FY•aniclin, in the State of Chao, and in the Zbwrtship of Washington: Being an O.G918 acre tzact of land out of an 11.91 acre tract, Virginia Military Survey w. 3004, Washington 'ibwrti9hlp, FYeniclin Qxmty, Ohio, and being worse particularly bounded and described as follows: Beginning at an ixtn pin at the 3outheeSt oexner of said 11.91 acre tract. (said isar- ` pin being located in tf~e oentsrlL~e of Avery Road); thence and with the aentarline of f Avery Road, North 18. 52' 23" Fast a distance of 125.29 ft. ~ a bpika itl the ~ canted ins of Avery Road, vniA ypilte being th8 point of beCJ.141ir1g of the 0.6918 acre ~-' tract of land herein described: thence and aontindrg w±rh_tlie centerline of Avery Roadd YIIIj W(+ti tip Yaa.~ 12 y c~F w~„J .ii v vile ~ .~.a oua`o aL, ILL UI 10 ~G' 47 CR:fC, M CJ.b'Ca(~.'E 126.70 ft. to a spike in the centerline of A ~e being the ~nrtheast°~ oorna-r of said 0.6918 acre tract; thence ~y mod' ~d [fey tract North 80. 30' 26" West, a distance of 2 6 5 ft.~to ~1 ~~ ~d 0.6918 acts ~ being the northrest corner of said 0.6918 acre fret; thence and with the west line of O said 0.6918 acre tract South 10. 26' 35" West, a distance of 127.00 ft. to an iron ping said iron Pin being file southwest cane: of said 0.6918 acre tract; thera~a and with the south line of said 0.6918 au'e tract, South 80. 30' 26" East a distance of 277.88 ft. to the icon pin marking the point of beginning, of the tract of lend herein described, containing 0.6918 acres, more or lesv. .'L' -JJ~ A' C c C'~- S~ ~~ .~7Z 7- y- ~ ~ PROJ. NO+ C019p801?! EXHIBIT "B' PARCEL 23-WDV AMERICAN CONSUL T1NG, INC. FILE N0+ n 2550 CORPORATE EXCHANGE DRIVE SUITE 300 0.157 ACRES COLUMBUS, OH10 43231 RIGHT OF WA Y oR~wnrer+ '~~~ Architects 16141901-2235 fAX:16141901-2236 Consultonts DUBLIN, OH10 c-~o er+ ,,~u Engineers ® 5 85° 51' 18" W, 30.41' J ~0 7 RIGHT OF WAY EX. ¢ DAN SHEHR/ AVE.- ~_ ._ 55.75' I.P EX. RIGHT OF WAY I.P. -~ © '~ ° ~ o ~ R. STEVEN & DOROTHY J. MAR US ~ ~. D.R. 11899 JI2 Q' oo ,, PID 274-000050 „~ ~ ~ I 0.629 AC. 2 23-WDV ~ ' Q ° _ ~ EX. UTILITY ° ~, `~ o ~ EASEMENT I ~ I m Q o ~ `°" A M NT G. 94 P.B. 25, ~ ~7~ P.O.B. `~' W `~" I P I.P.S. ~ -~ S85°5l'i8"W I 52.28' ® CITY OF DUBLIN ~ ~ ~ ^ ~ I lNST X200602140028638 Z c PID 274-000025 ~ 3 ~ h 0.629 AC. ~ ~ ~ of • =IRON PIN SET O =IRON PIN FOUND O =IRON PIPf FOUND ~M~ =MONUMENT BOX FOUND fJ' =RAILROAD SPIKE FOUND I.P. SET ARE ~'l.0. IRON PIN 30"LONG WITH CAP INSCRIBED AMERICAN CONSUL TING, INC. ~O ~ Z 0 o; SCALE 1' = 40' ~ ~u FCCS N0. 7748 0 20 40 80 r J BAS15 OF BEARING: BEARINGS ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86 ADJUSTMENT) 1 HEREBY CERTIFY THAT: N THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED BY G.J. BERDING SURVEYING, INC. !N MAY 2006. THIS DRAWING /S CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. CHARLES P. UNTERREINER, P.S. NO. 7819 AMERICAN CONSUL TING, INC. Sl TUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CI T Y OF DUBLIN AND BEING 1N VIRGINIA MILITARY SURVEY NUMBER 3004 DATE ,~~. t'~