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Home My WebLink About45-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Foam No 30043 Ordinance No. 45 -07 Passed 20 1 AN ORDINANCE APPROPRIATING 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 JOYE REALTY COMPANY, LTD., LOCATED ON THE NORTH SIDE OF TUTTLE CROSSING, COUNTY OF FRANKLIN, STATE OF OHIO, APPROPRIATING FUNDS THEREFOR, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin ( "City "), in cooperation with Franklin County and 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 0.227 acre, more or less, fee simple interest (with 0.103 acre, more or less present road occupied) and a 0.069 acre, more or less, utility easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio. WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding authorization for the project. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. A fee simple interest and an easement for utilities in and to the premises located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the legal description attached hereto as Exhibit "A" is hereby appropriated for the public purpose of improving Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated at Sixty -Two Thousand Three Hundred Seventy -Eight Dollars and 00 /100 Cents ($62,378.00) which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated as their interests 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 Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. There be appropriated from the Capital Improvements Tax Fund Sixty -Two Thousand Three Hundred Seventy -Eight Dollars and 00 /100 Cents ($62,378.00) to Account No. 401- 0314 - 780 -2550 for the purpose of paying all costs incident to such acquisition. Section 6. 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 Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road is necessary to improve traffic circulation and relieve traffic RECORD OF ORDINANCES Dayton Legal Blank, Inc Fonn No 30043 Ordinance No. 45 -07 Passed Page 2 20 congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this .1 � day of , 2007. Mayor — Presiding Officer ATTEST: Clerk of Council 1 D T SCHOTTENSTEIN ZOX &DUNNw.,,. MEMORANDUM 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 26, 2007 RE: Ordinance 45 -07 - Anita Joye Realty Property (Tuttle Crossing Blvd. Widening) INTRODUCTION This Ordinance is a follow -up to the Resolution passedby Council at the June 18, 2007 meeting. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements to review the possible appropriation of the Anita Joye property. The purpose of this Ordinance is to authorize the Law Department to pursue an eminent domain action in the appropriate Court of Common Pleas if through good faith negotiations the City cannot settle with the landowner. iWIN"]01aMXGeee:t8lucie 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 "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 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 right -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 ordinances 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. June 27, 2007 Page 2 Ord. 45 -07 Land Appropriation — Anita Joye Page 2 of 2 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. Mr. Howard has presented the offer of compensation to Anita Joye Realty. Anita Joye Realty has declined the offer. Therefore, an agreement cannot be reached. As such, we prepared this ordinance authorizing the City, through the legal department, to proceed with litigation in which the compensation to the landowner will be determined. RECOMMENDATION: Legal Staff and the Division of Engineering recommend approval of Ordinance No. 45 -07. {x09459461 } 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 (N05 °3147 "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 (N05 °3147 "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 (S05 0 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 carries 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, Fr4pkl�ttK3ou, Ohio. o 1pert, STEVEN s * WAYNE �(o . NEWELL a Steven W. Newell Ohio Professional Surveyor #7212 B ONA 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 railroad 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 railroad 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 TRUE 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 (N05'3 1'47"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 (S05'3 F47E) 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 TRUE 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 carries 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. 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