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Home My WebLink About05-08 OrdinanaceRECORD OF ORDINANCES Dayton Legal Blank, [nc. Form No. 30043 ~ Ordinance No. OS-Og Passed . 20 AN ORDINANCE TO APPROPRIATE 3.654 ACRES, MORE OR LESS, (WITH 0.112 ACRES PRESENT ROAD OCCUPIED), FEE SIMPLE INTEREST, FROM BP EXPLORATION & OIL INC., LOCATED ON THE SOUTHEAST CORNER OF POST ROAD AND LIGGETT ROAD, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin ("City") is preparing to construct road improvements and reconfigure the US 33/SR 161/Post Road interchange to improve related 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, Union County, Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Council considers it necessary to appropriate, for the purpose of constructing road improvements and reconfiguring the US 33/SR 161/Post Road interchange, a fee simple interest in and to the premises located in the County of Union, Ohio, and more fully described in the legal description attached hereto as Exhibit "A". Section 2. Council hereby fixes the value of the interest appropriated at $1,100,001.00, which sum shall be deposited with the Union County Common Pleas Court for the use and benefit of the owners of the property appropriated as their interest may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. Section 4. The City Law Director is directed to file a petition for appropriation in the Union County Common Pleas Court and to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. 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 improvement of the US 33/SR 161/Post Road interchange is necessary to progress traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this ~~,~~2` day of , 2008. N Mayor -Presiding Officer ATTEST: Clerk of Council ~SCHOTTENSTEIN ZOX~& DU N Nca..«~ MEMORANDUM TO: Dublin City Council Jane S. Brautigam t I S ~ FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Stephen J. Smith, Law Director DATE: January 17, 2008 RE: Ordinance OS-08 - (BP Exploration and Oil, Inc. Property) U.S. Highway 33 and State Route161 Interchange Improvement Project PROJECT BACKGROUND: The City of Dublin ("City") and the Ohio Department of Transportation ("ODOT") are working together to make improvements to the US 33/SR 161/Post Road interchange. In improving the interchange, the City will be undertaking the relocation of Liggett Road to the east. The US 33/SR 161/Post Road interchange and Liggett Road relocation project ("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 the project route. This memorandum discusses the BP Exploration and Oil, Inc. property ("BP"), located on the southeast corner of Post Road and Liggett Road, just east of the US 33SR 161/Post Road interchange improvement. ACQUISITION INTRODUCTION: This project requires the acquisition of 3.654 acres, more or less, (0.112 acres, more or less, present road occupied) fee simple interest from BP. "Present road occupied" basically means that this property contains an area in which the property owner (BP) holds the underlying fee, but the land is currently encumbered by an existing highway easement. ACQUISITION DETAILS: Since the year 2006, the Law Department has attempted to negotiate the required property acquisition. The appraisal was completed and the Law Department engaged M/E Company (Mr. James Howard) to negotiate the acquisition with BP. The appraiser determined the value of the acquisition to be $1,100,001.00. Negotiations have not been successful and it is necessary to initiate appropriation proceedings in the Union County Common Pleas Court. RECOMMENDATION: The Law Department and the Division of Engineering recommend approval of Ordinance OS-08. J.654 ACR13 PAGE 1 OF 1 SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLM, VIRGINIA MB.IfARY SURVEY NUMBER 3152, BEING ALL OF THE REMAB•7DER OF THAT TRACT OF LAND CONVEYED TO THE iOST- HYLANOS CO. BY DEED OF RBCORD IN DEED BOOK Z44, PAGE 96 AND PART OF THAT TRACT OF LAND CONVEY® TO THS POST-HYLANDS OD. BY DEED OF RECORD IN DEED HOOK 244, PAGfi 95, ALL REFERBNCES BEING TO THfi RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGIlVNING AT A MAG NAll. SET D4 THE CENIFRUNE OF UGGETT ROAD, LOCATED NORTH D3• SI' 43" WEST, A DISTANCE OF 327 FEET FROM THE CENTERLINE INTERSECTION OF LIGGETT ROAD AND POST ROAD, THB NORTHWESTERLY CORNER OF SAID THE POST-HYLANDS CO. TRACT (DEED BOOK 244, PAGE ~S THENCE SOUTH 74.27' 36" EAST, A DISTANCE OF 10.04 FEET TO A RAH.ROAD SPIKE SET AT AN ANGLE POiNF IN THE CENTERLNF OF SAID POST ROAD; THENCE SOUTH 2l • ]6. 10" WEST, A DISTANCE OF 33.59 FEET TO AN IRON PIN SET; THENCE SOUTH 3Y I S' 4S WEST, A DISTANCE OF 33.IT FEET TO AN IRON PTN SET B4 THE SOUTHERLY RIGNC-0P-WAY LINE OF SAID POST ROAD; THENCE WITH SAID SOUTHERLY RIGHT-OF-WAY LINE, THE FOIlOWING COURSES AND DLSTANCES: WITH THE ARC OP A CURVE TD THE RIGHT (DELTA ~ 14. 12' O8", RADIUS - 730.00 FEET) A CHORD HEARING AND DISTANCE OF SOUFH 59' tl' 17" EAST, 1!9.76 FEET TO AN IRON PIN SET; sOUlti Sr 2'/• Ir EAST, A DISTANCE OF 09S.N FEET 1'(3 AN IRON PIN SET AT A POINT OF CURVATURE TO THE RIGHT, AND WITH THE ARC OF SAID CURVE (DELTA - IO. 32' 33", RADIUS -600.00 FEET) A CHORD BEARING AND DISTANCE OF SOUTH 4T 10' SS" EAST, 11024 FEPT TO AN D20N PIN SET; THENCE NORTH 8T IS' 43" WEST, PARTIAl1Y CROSSAIG SAID THE POST-HYLANDS CO. TRACT (DEED BOOK 244, PAGE 95) AND PARTIALLY WCM THE NORTHERLY LINE OF THAT TRACT OONVEYED TO S.G. LAMYERS, LTA BY DEED OF RECORD IN OFFICIAL RECORD 132, PAGE 605, A DISTANCE OF 627.19 FEET TO AN IRON PIN SET BI THE EASTERLY R1GHT-0F-WAY LINE OF SAID LIGGETT ROAD; THENCE NORTH 03• SI' 13" WESF, Wl'IH SAID EASTERLY RIGHT-OF-WAY LME, A DISTANCE OF 4?A.11 FEET TO AN IRON PIN SET; THENCE SOUTH i6.O8' 36" WEST, LEAVING SAID EASTERLY RKiHI-0F-WAY LINE, A DISTANCE OF 20.00 FEET TO A MAG NAIL SET M THE CENTERLINE OP SAID llGGETT ROAD; THENCE NORM O3' Sl' 43" WEST, WITH SAID CENTERLINE, A DISTANCE OF 99.89 FEET 7'O THE POBfi' OF BEGRAIINQ CONIAINMG 3.654 ACRES OF LAND, MORE OR LESS, O.I12 ACRE OF WHICH L1E5 WITHIN THE PRESENTLY OCCUPIED RIGHT-0P-WAY OF POST ROAD. SUBIECI, HOWEVER TO ALT. LEGAL RK:HTS OF WAYS AND/OR EASEMENTS, ff ANY, OF PREVIOUS RECORD. BEARINGS POR THIS DESCRIPTION ARE BASED ON A PORTION OF THE CENTFRI,R4E Of UGGETT ROAD HAVING A BEARING OP NORTH 03• SI.43" WEST. A DRAWING OF THLS DESCRIP310N lS ATTACHED HERETO AND MADE A PART THEREOF. BVANS, MECHWART, HAMBLETON t TB.7'ON, INC. 1~11~11bdf....r~ ~ / AMAtH W MATTHEW A KIRK AE01S7'FRED SURVEYOR N0.7MS LfAK/IUdIPB901 ~o~rlY r1 Auo .eao~41 1~ YutN t~ - c,eo y .~~i~ t a ~ ACCEPTABLE .~~ ~ ACRE TRACT(8) PLAPN4lei0 OOwYAl8810N APPFIOVAL is OA ~ Ilnou r wor4:eR ~0~ UROEtr11 1~ ~ ~iP~ISVIwu A. `vlfts~ i if-S `PSIpNAt 1)' Cl ',~y o-4~c.~.~ a 1 . GIARO.V COU U J Uo Q~k ~><,,~ -"~~~n~'Yi -lS~~-- pR273 P6486 pf~~A,1,~~D~•'I`~" PR F19 'BS 86~ b nne a efnfu a nemou t~ean4 Hfe Ififl Z 1 ~~ . ~_. StAPDE7' Q~ ACPFAG~' PAJFa'~Z . v3-- LOCAIED ~V K'PQM`A AlIC1TARY S7pq{¢y 3!~? pTY A~ DUBLd1; [NV/QV G10fbVTY py~p ~NR'L 4 2G1D1 2 F a 1~ •I c~a •~~ r e I ~~-N [a (~Aalvr~ '~.~ R/~v ~ Q/72 Ac ~ ~ IS~7'...3tS~? Ac ~ t~a.ivr I 1 TJr~ Pe-t - Nyady Glti \ Ltl[ 2!!, Pp, ,93 r ~ ' Q (QJ~O AF) \ 6 ~77J'+Q IV t Rt7,~' ~`f~k S G LoY~t Lf4 r s' ~~C ~ 0.R t.7Z yt 6M ; \ I >AlPaf-Hta O.G ?q( 9S ~ . k~ i~10. 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