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Home My WebLink About63-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 1 1 Ordinance No. 63 -07 Passed 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.227 ACRE, MORE OR LESS, FEE SIMPLE INTEREST (WITH 0.103 ACRE, MORE OR LESS, PRESENT ROAD OCCUPIEDZ AND 0.069 ACRE, MORE OR LESS, UTILITY EASEMENT, FROM SAMUEL L. AND SUSAN C. STILLE, 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 0.227 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 in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio; WHEREAS, the City desires to enter into an agreement to purchase 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 in and to the premises located in the City of Dublin, Franklin County, Ohio for the widening of Tuttle Crossing Boulevard for $51,370.00. NOW, THERE, BE IT ORDAINED by the Council, of the City of Dublin, state of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a Real Estate Purchase Contract and any necessary closing documents related to the acquisition of the 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 and paying any related costs. Section 2 . 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 to Tuttle Crossing Boulevard 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 day of , 2007. L Mayor - Presiding Officer ATTEST: Clerk of Council T SCHOTTENSTEIN ZOX &DUNNw.,,. MEMORANDUM TO Dublin City Council Jane S. Brautigam, City Manager Paul A. Hammersmith, PE, Director of Engineering /City Engineer FROM Stephen J. Smith, Law Director DATE: August 2, 2007 RE: Ordinance No. 63 -07 (Stille property) Tuttle Crossing Boulevard widening project INTRODUCTION: This Ordinance is a follow -up to Resolution 40- 07passed by Council at the June 18, 2007 meeting and Ordinance 47 -07 passed by Council at the July 2, 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 Stille Property. The Ordinance was 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 could not settle with the landowner. As of July 5, 2007, the negotiator has settled this matter and this Ordinance is to authorize the City Manager to enter into a Real Estate Purchase Contract with the landowner. PROJECT BACKGROUND: The City, in cooperation with the City of Columbus and Franklin County, is preparing to widen Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road to improve related traffic circulation. The 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 Stille acquisition — 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 for land located on the north side of Tuttle Crossing Boulevard. ACQUISITION DETAILS: Since the year 2006, the Law Department has been in contact with the landowners to negotiate the required property acquisitions. All appraisals have been completed and the Law Department engaged M/E Company (Mr. Chris Howard) to negotiate the acquisitions with the landowners. Mr. Howard presented an offer to the Stilles for compensation of the required easements in the amount of Fifty -One Thousand Three Hundred Seventy Dollars and No Cents ($51,370.00), as determined by the City's appraiser. The Stilles have accepted this offer. The Law Department 8 -02 -07 Ord. 63 -07 Land Purchase — Still property Page 2 of 2 has prepared this ordinance authorizing the City Manager to enter into a real estate purchase contract with the landowner. Therefore, litigation will not commence in regards to this property. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 63 -07. ATTACHMENT A PARCEL 11 -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 1.739 acre tract as conveyed to Samuel L. Stille and Susan C. Stille by deed of record in Official Record 10016 I -11 (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 five hundred ninety -five and 67/100 feet (595.67') to the southwest corner of said 1.739 acre tract and the southeast corner of a 1.033 acre tract conveyed to The Anita Joye Realty Company, Ltd. by deed of record in Instrument No. 199712290177374, being the TRUE POINT OF BEGINNING of the herein described tract; thence along the west line of said 1.739 acre tract and the east line of said 1.033 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 1.739 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 1.739 acre tract and the west line of a 1.033 acre tract as conveyed to Capital City Lodge Temple Corporation by deed of record in Official Record 31707 E -03; thence along the east line of said 1.739 acre tract and the west line of said 1.033 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 corner of said 1.739 acre tract and the southwest comer of said 1.033 acre tract also being in the centerline of said Tuttle Road; thence along the south line of said 1.739 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 1.73 acre tract with Parcel No. 273 - 005429 -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 Official Record 10016 I -11, Recorder's Office, Franklin County, Ohio. W 1pert, t twoce Steven W. Newell Ohio Professional Surveyor #7212 6&4% C. Eu Nap_ rx -JO.3. .. $Y D 4 A 61G /STEVEN '♦ t WAYNE • . -0% NEWELL c j0 S 5 .• �o .r '•. •.. ' '•., s � L� 0 -11('G Setif 6,22 R'� ovt C2 ATTACHMENT A PARCEL 11 -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 1.739 acre tract as conveyed to Samuel L. Stille and Susan C. Stille by deed of record in Official Record 11016 I -11 (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 1.739 acre tract also being in the centerline of Tuttle Road (Tuttle Road Sta. 20 +23.98, 0.00 feet left); thence along the west line of said 1.739 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 the TRUE POINT OF BEGINNING (Tuttle Road Sta. 20 +24.03, 66.00 feet left) of the herein described easement; thence continuing along the west line of said 1.739 acre tract North five degrees thirty-one minutes forty-seven seconds West (N05'3 1'47"W) for twenty and 00 /100 feet (20.00') to a point (Tuttle Road Sta. 20 +24.04, 86.00 feet left); thence across said 1.739 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 1.739 acre tract (Tuttle Road Sta. 21 +74.04, 86.00 feet left); thence along the east line of said 1.739 acre tract South five degrees thirty-one minutes forty -seven seconds East (S05'3 1'47"E) for twenty and 00 /100 feet (20.00') to a point (Tuttle Road Sta. 21 +74.03, 66.00 feet left); thence across said 1.739 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 1.73 acre tract with Parcel No. 273 - 005429 -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 Official Record 11016 I -11, Recorder's Office, Franklin County, Ohio..,,,....,,, •�P�E 01 p o•, •' / W ert, In .....�� STEVEN WAYNE z NEWELL t a - Steven W. Newell ; p0 :� S-7212 Ohio Professional Surveyor #7212 , ANA L,S DESC ON "(WErIt V ER DEAN C. Rhot.E. /I f / DATE: O l7 OG EXHIBIT R/W AND EASEMENTS TUTTLE CROSSING BLVD. DUBLIN, OHIO p[N1Y� Ix �NSi. IrB�]I)I� CPVrtAL CIIY LUOEE IEMFI£ MV "wif" ioe ° oN °'s°Fi4ns o ra - scw nE"a�Es"v °"�a°alr.w p�q q us7 4 8 . °tlPs4°w"°Yw€r.�i` rz,aES a�w(°i r°p�,' ®� e NroP Row, 1 i �� (.1C ar. XLLco ° ) _ x. v'M _ ,I ��`I �` ., �,v,, sEe 4 r r° v • n Pu+.. I �r -tl•"^ ..acs°; ilLl�� _ _ A TTLE CR S _ — � [R 1 `_• - C. SIVG — t.# T > -q �f 7'c= ! �' ` "q _ - _ w. - _ } _ - _ •u w w yp� a I � i ` 1 �✓Jear _ O .ari.. j.. Mtl"rEtlWW1IX!�� "NN p.l eR i f x r •. um ii .w w u`cw ° E I rS` grxb'x °xb i xi ^la. 50 ors xoP'"`. oo. reisa rvrnE u l�r]aixwsus i 1_' oo'd'n' tp- ) O ' —N' ri 6�eP� x P " tuw"" o i • �v. - Ir � nrnOW I 5� 3e4 ((pp P _ L .w umuE �m x o I�NAmc .L 4.�s dw siwi°� IB.B)PVGwy RP -6xx] W 5M[W.W p�91[ 5 tt 18 O NEi O MQ T. HERr.Bf° RP�°.°90 s.tl'aro Q "° 9rA""d3e$.ilh�^ �tlsi U R9&k°� " GR 9 O ]M,�IPP�L00 L�rySCE]p OI L L�NFRY i° NFi�0.86 0.B 'PLA�WII� ° ��^ f -It xZ AI°Y IIE IXNPER.WO r.Mx WPM R °M°Eli X[IB O X E65N iRE IM. rj[ �¢o]] roA- °tl ]N4 v° J:Ix 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