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Home My WebLink About64-07 OrdinanceRECORD OF ORDINANCES I Dayton Legal Blank, Inc Form No 30043 1 1 Ordinance No. 64 -07 Passed 20. AUTHORIZING THE PURCHASE OF A 0.112 ACRE, MORE OR LESS, UTILITY EASEMENT, FROM UNITED DAIRY FARMERS, INC., L OCATED 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; WHEREAS, the City desires to enter into an easement agreement for the a 0.112 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 $15,708.00. NOW, THEREFQRE, 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 0.112 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. Mayor - Presiding Officer ATTEST: Clerk of Council 1 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 64 -07 Land Purchase (UDF Property) (Tuttle Crossing Boulevard Widening) INTRODUCTION This Ordinance is a follow -up to the Resolution passed by Council at the June 18, 2007 meeting and the Ordinance 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 United Dairy Farmer ( "UDF ") 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 17, 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 UDF acquisition — 0.112 acre, more or less, utility easement in and to the premises located in the City of Dublin 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 UDF for a compensation amount of Fifteen Thousand Seven 8 -02 -07 Ordinance 64 -07 Page 2 of 2 Hundred Eight Dollars and No Cents ($15,708.00), as determined by the City's appraiser. UDF has accepted this offer. The Law Department 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. 64 -07. {H09132] 8 1 } 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 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. 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