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Home My WebLink About65-07 OrdinanceRECORD OF ORDINANCES Day(on Legal Blank, 111L Form No 30043 1 1 Ordinance No. 65 -07 Passed . 20. APPROPRIATING A 0.157 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM R. STEVEN MARCUS AND DOROTHY J. MARCUS, LOCATED ON THE WEST SIDE OF AVERY ROAD, COUNTY OF FRANKLIN, STATE OF OHIO,' AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin ( "City ") is preparing to widen Avery Road and to create a roundabout on Avery- Tuswell Road 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, Franklin 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. A fee simple interest 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 widening Avery Road and to create a roundabout on Avery- Tuswell 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 Thousand Dollars and 00 /100 Cents ($60,000.00) 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 widening Avery Road and creation of a roundabout on Avery- Tuswell 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 (� r� 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: August 2, 2007 RE: Ordinance 65 -07 Land Appropriation (Marcus property) (Avery Road Widerung and Avery/Tuswell Drive Roundabout) INTRODUCTION: This Ordinance is a follow -up to Resolution 43 -07 passed by Council at the June 18, 2007 meeting. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements for the possible appropriation of the R. Steven and Dorothy J. Marcus 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. PROJECT BACKGROUND: The City will be undertaking road improvements to Avery Road and Tuswell Drive, including the construction of a roundabout and the extension of the existing Avery Road median north of Woerner - Temple Road to Irelm Place along with the extension of the existing bike path north to Shier -Rings Road. The relocation of utilities has already commenced and construction of the road improvement is soon to follow. This project requires the acquisition a "partial take" (the purchase of a portion of the parcel for right -of -way) from multiple property owners along Avery Road and/or Tuswell Drive. This memorandum discusses the partial take from R. Steven Marcus and Dorothy J. Marcus — a 0.157 acre, more or less, fee simple interest for right -of -way. The other properties involved are the following: (Sharon Upperman, Stonehenge Company, Thane Thatcher, Michael Blue, John Keith, Kendall Ridge LLC, Westdale Properties LLC and the Swope property). The only remaining acquisitions concern the Marcus's, Kendall Ridge LLC, and Westdale Properties LLC. ACQUISITION DETAILS: The appraisal is complete and the Law Department engaged M/E Company to negotiate the acquisition with Mr. and Mrs. Marcus. The Law Department has also been in contact with the Marcus's and he has executed a right -of -entry allowing utility companies onto the property for the utility relocation Mr. Howard then presented the offer of compensation to Mr. and Mrs. 8 -02 -07 Ord. 65 -07 Page 2 of 2 Marcus. Mr. and Mrs. Marcus declined the offer. Therefore, an agreement cannot be reached. As such, we prepared this ordinance authorizing the City, through the Law Department, to proceed with litigation in which the compensation to the landowner will be determined. RECOMMENDATION: The Law Department and the Division of Engineering recommend approval of Ordinance No. 65 -07. {H09132351 } 1189 °J 13 MKOM "Jr PARCEL I: Situated in the State of Ohio, Q=ty of Frw klin, an d in ths zbwnehip of : Being Lot P4mber Six (6). in OAN-SNEM SIBDMSION, as the Bennie is numbered and delineated upon the recorded plat thereof, of reoord in Plat Book 25, page gQ, Recorders Office, FjWklin O=ty, Ohio. PARCEL. I I: Situated in the (Marty of Frwklin, in the State of Chio, and in the Township of Washington: Being an 0.6918 acre tract of land cut of an 11.91 acre tract, Virginia Military Survey bo W unded and described L as follows: FYaNclin Oa nty, Ohio, and being mare particularly rocribe as folows: Beginning at an iron pin at the southeast oomer of said 11.91 acre tract, (said iron ` pin being located in t: o enterlLle of Avery [woad): thence and with the centerline of f Avery Road, North 18 52' 23" East a distance of 125.29 ft. to a spike ill the C canterl ine of Avery Road, said -q Xe being the point of begsvling of the 0.6918 acre 9-1 tract of land herein described: thence and aontirxdng wirh_the centerline of Avery Road YIIIi W( +ti tip Yaa. 12 y �F w „ J A.i v vile very mod' said .b-a oua`o -, ILL UI 10 5G 23 Firm, a CJ.b'Car�.'E 126.70 ft. to a spike in the centerline of A spike being the northeast corner of said 0.6918 acre tract; thence tract North 80. 30' 26" West, a distance of 2 with 6 5 ft. �to line of said 0.6 acro 1 being the northwest corner of said 0.6918 acre trat; thence and with the west line of C said 0.6918 acre tract South 10 26' 35" West, a distance of 127.00 ft. to an iron ping said iron pin being the southwest caner of said 0.6918 acre tract; thenoa and with the south line of said 0.6918 arse tract, South 80' 30' 26" East a distance of 277.88 ft. containing 0.6918 acres, mor to the iron pin marking the point e* beginning, of the tract of land herein described, e or le*--. .'L' - J J ,4 .� 7Z 7- y s- PROJ. NO CO100601?l EXHIBIT "B' PARCEL 23 -WDV AMERICAN CONSUL TING, INC. FILE NO: n 2550 CORPORATE EXCHANGE DRIVE SUITE 300 0.157 ACRES COLUMBUS, OHIO 43231 RIGHT OF WAY oRAwNeYr MTL Architects 16141901 -2235 FAX: (614)901-2236 Consultonts DUBLIN, OHIO CWD BY: Am Engineers ® S 85' 51' 18' W, 30.41' J � 7 OF WAY EX. RIGHT ¢ DAN SHEHRI AV N ' 5I' 18" 55.75' I I.P EX. RIGHT OF WAY I.P. R. STEVEN & DOROTHY J. MAR US . rl D.R. 11899 JI2 Q oo PID 274- 000050 „� � 0.629 AC. I 2 23 -WDV Q _ EX. UTILITY ° �, `� o EASEMENT I A M NT P.B. 25, G. 94 P.O.B. W I P S 85' 51' 18 W I 52.26' ® CITY OF DUBLIN I INST *200602140028638 Z c PID 274- 000025 3 h 0.629 AC. of • = IRON PIN SET O = IRON PIN FOUND O = IRON PIPE FOUND rMf, , = MONUMENT BOX FOUND )9 = RAILROAD SPIKE FOUND I.P. SET ARE >i' I.D. IRON PIN 30' L ONG WITH CAP INSCRIBED AMERICAN CONSUL TING, INC. 0 o; SCALE: 1' = 40' FCCS NO. 7748 0 20 40 80 r J BASIS OF BEARING: BEARINGS ARE BASED ON THE OHIO STATE PLANE COOROINA TE SYSTEM, SOUTH ZONE, MAD 83 (86 ADJUSTMENT) 1 HEREBY CERTIFY THAT. N THIS DRAWING REPRESENTS THE RESULTS OF AN ACTUAL FIELD SURVEY OF THE PREMISES PERFORMED BY G.J. BERDING SURVEYING, INC. IN MAY 2006. THIS DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. CHARLES P. UNTERREINER, P. S. NO. 7819 AMERICAN CONSULTING, INC. SI TVA TED IN THE S TA TE OF OHIO, COUNT Y OF FRANKL IN, CI T Y OF DUBLIN AND BEING IN VIRGINIA MILITARY SURVEY NUMBER 3004 OA TE L t'�