The URL can be used to link to this page

Home My WebLink About48-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 Ordinance No. 48 -07 Passed 20 AN ORDINANCE APPROPRIATING A 0.112 ACRE, MORE OR LESS, UTILITY EASEMENT, FROM UNITED DAIRY FARMERS, INC., LOCATED ON THE NORTH SIDE OF TUTTLE CROSSING BOULEVARD, COUNTY OF FRANKLIN, STATE OF OHIO, 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 0.112 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. NOW,THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, --7— the elected members concurring, that: Section 1. 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 Fifteen Thousand Seven Hundred Eight Dollars and 00 /100 Cents ($15,708.00) 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. 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 congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this LlJ,,� day of , 2007. Mayor – Presiding Officer ATTEST: Clerk of Council 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 No. 48 -07 - United Dairy Farmer, Inc. Property (Tuttle Crossing Boulevard 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 United Dairy Farmer, Inc. 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"] BE" aMXGK"1118lucir 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 United Dairy Farmer, Inc. ( "UDF ") — a 0.112 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, the Geases, BED Development Co., BRE /ESA P Portfolio LLC., Anita Joye Realty 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 completionin mid -2008. June 27, 2007 Ord. 48 -07 Land Appropriation — United Dairy Farmer 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 UDF. UDF 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 48 -07. ATTACHMENT A PARCEL 1 -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. 3004, City of Dublin, County of Franklin, State of Ohio, and being an utility easement over a 2.160 acre tract as conveyed to United Dairy Farmers, Inc. as recorded in Instrument No. 200002110029232 (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: Beginning at the southwest corner of said 2.160 acre tract also being the intersection of the north right -of -way line of Tuttle Road and the east right -of- way line of Wilcox Road as recorded in Plat Book 75, Page 45-46 (Tuttle Road Sta. 10 +79.99, 69.00feet left); thence along a west line of said 2.160 acre tract and the east right -of -way line of said Wilcox Road North fifty degrees six minutes fifty -one seconds West (N50 °06'51 "W) for twenty-one and 05 /100 feet (21.05') to a point (Tuttle Road Sta. 10 +65.23, 84.00 feet left); thence across said 2.160 acre tract North eighty-four degrees twenty-five minutes thirty -four seconds East (N84 °25'34 "E) for three hundred thirty -three and 07/100 feet (333.07') to a point (Tuttle Road Sta. 13 +98.31, 84.00 feet left); thence along an east line of said 2.160 acre tract and the west right -of -way line of Old Wilcox Road as shown in Plat Book 75, Page 45 -46 South five degrees thirty-four minutes thirty-three seconds East (S05 °34'33 "E) for fifteen and 00 /100 feet (15.00') to a point in the north right -of -way line of said Tuttle Road and the south line of said 2.160 acre tract (Tuttle Road Sta. 13 +98.31, 69.00 feet left); thence along the north right -of -way line of said Tuttle Road and the south line of said 2.160 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84 °25'34 "W) for three hundred eighteen and 31/100 feet (318.31') to the POINT OF BEGINNING, containing zero and 112/1000 (0.112) 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 0.112 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 2.16 acre tract with Parcel No. 273 - 010209 -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. 200002110029 32, Reco er's Office, Franklin County, Ohio. ert OF G , ~A�•• .. •t•• 0 NE * �'• 51 EVEN •'•� * -: IStven W. Newell . -o NEWELL = cc • t 5-7212 t ,Q Ohio Professional Surveyor ##3 S +�ECrstEa��.• 7 A/ DESCRIPTION VERIFIED D EAN C. R INOLE, P.E D.3. BY• i DATE � / r7 zorx R CITY OF DUBLIN W EXHIBIT pREpARED By THE MY OF DUBUN, R AND EASEMENT ENGDUMMG TUTTLE CROSSING BLVD. WW Shm &W Pwd • Dabrim Ohio 43Mr,-= DUBLIN, OR Pbone (i;14)tlO-4= a Fa (MYM-M FARMERS, ,N(,, vs ? ^ 0`! 7 0 2 1 ! 0 C2 2, 2 273 A D100% poss' the G ;8 d_. V,'). ........... . .......... . ... . ........ DRAWN CHECKED DATE- JOB NO. JLR KBR 05/30/07 1 c-"kv TO WWW 771 < � NICC)� - TV Tb� LM —1 , 1 D PAR T"VERS 20 14 755 f 7 i'4 Ciz-'Jfii 51,387 ACRFS 76,97 ACR-"'- (A r S-C 4LE TBA - 0"06'3 . ........ DRAWN CHECKED DATE- JOB NO. JLR KBR 05/30/07 1 c-"kv TO WWW EXHIBIT R/W AND EASEMENTS TUTTLE CROSSING BLVD. DUBLIN, OHIO } la 2 " urlru an �DOCe rzwls §lf'oz ° oN °&s's°Fi4PS o u.l Pw�ss ; �� D ra scw n Es"v °x�'c°alr.w us7 {zsD J l.x$ n's oeas"s� im av O D Is PGPDSP ec,,g�ma^umlim me xmoluvlm ixErv� sse ° o C) 4 ;E 3 len ° 4g'' w'-6�='a r �iPfro'� nr um I a72vss P, ^axie4'Ydb54aPA"16'F o xs tm'sSin I I U N I V (. L ,t "m ° o l o�roo � z D 9z.9i` Q' °- Qs .r� sssD Iv 1. N iYev .9E4' a Nrnerm t 17$_ ' Ir N}4 198b�i+ "�6 e • °es �� 7 i _ — $rte ° —" •r .._ • ` . _ �,.s. �y_r` `TUi it � Cr'10�SIVG TfTTLE CR SQi -V� - 71 3 —_�" _ _._- • _ — w Y_ alias 1a — xxypr �i I 1 aJJeAr6 6P� �� ' �NE'M4ElIXNp.1 B a l l i e S `l lt✓'�TYr f x , v •. P w Pxo�.. ..w.. .w am`'"Sn'� l g r:b'x °xb �a i o. x i'l la. a+iaoiv°rt. m asilt aw a s , r reisox 5 rvrn ir� i a_ . � O odd` B.�WGIWI µL V" L 91[RMPN D I X['i�•O J].� 18 X[ �IAllp 4 NEi� ".. "Vr 53V NRE� 1 v) RP�6xx K SM W.W p 1[ 5 tt O O T HEi..I Bf° R x<s'PSm'�S: ro Q P MI 9rAd3adD^ lxDSi U L'a gy(aDN�E N[i�0.M.tlr @ DD a0M P4 ;EFyi�` 0.B " B ' P�ES WII �^'.�`b�.l.)Eyfa la aZ yDY IIE IXNPfR.Wp X sys ri>o leat� On ws vo °aixn XEiZ3d nc s''v O — INDICATES TEMPORARY EASEMENT AREA = INDICATES UTILITY EASEMENT AREA. INDICATES AREA OF EXISTING RIGHT —OF —WAY. INDICATES AREA OF PROPOSED RIGHT —OF =WAY, NOT TO SCALE