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Home My WebLink About24-08 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 ~ Ordinance No. LJ 1 1 24-08 Passed 20. AN ORDINANCE APPROPRIATING A 0.386 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.133 ACRE TEMPORARY CONSTRUCTION EASEMENT FROM CENTRAL OHIO PROPERTY MANAGEMENT, LLC, LOCATED AT THE NORTHEAST CORNER OF AVERY-MUIRFIELD DRIVE AND POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve Avery-Muirfield Drive and Post Road in Franklin County; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest and temporary construction easement in and to the premises described in the attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio. NOW THERE, 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 a temporary construction easement in and to the premises located in the City of Dublin, Ohio, and more fully described in the legal description attached hereto as Exhibits "A" and "B" is hereby appropriated for the public purpose of improving Avery-Muirfield Drive and Post Road in Franklin County, 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 Nineteen Thousand Nine Hundred Fifty Dollars and No Cents ($19,950.00) 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 Avery-Muirfield Drive and Post Road in Franklin County 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 ~ day of , 2008. c ayor -Presiding Officer ATTEST: Clerk of Council ~SCHOTTENSTEIN ZOX~LDUNN , ME,~IORAND UM 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: April 17, 2008 RE: Ordinance 24-08 -The Central Ohio Property Management, LLC Property Avery-Muirfield and Post Road Project INTRODUCTION This Ordinance is a follow-up to the Resolution passed by Council at the April 7, 2008 meeting. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements to review the possible appropriation of Central Ohio Property Management, LLC 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 is undertaking a road improvement project on Avery-Muirfield Drive and Post Road. The project is a modern two-lane roundabout at the intersection of Avery-Muirfield Drive and Post Road. Traffic will be maintained on Avery-Muirfield Drive during the construction, which is scheduled for June 2008. This project requires the acquisition of a `~rartial take" (the purchase of a portion of the parcel for right-of--way) from multiple property owners on either Avery-Muirfield Drive or Post Road. This memorandum discusses the partial take from Central Ohio Property Management, LLC - a 0.386 acre, more or less, fee simple interest for right-of--way and a 0.133 acre, more or less, temporary easement. There are additional ordinances before Council concerning other property involved in this project. The remaining property owners are the following: 6805 Avery-Muirfield Drive, LLC.; Avery Shops, LLC.; S&R Properties of Columbus, LLC.; and Williams Development, LTD. ACQUISITION DETAILS: The Law Department engaged an appraiser to complete valuation reports in regards to the acquisition. The appraisal is complete and the appraiser has determined the fair market value for the take to be $19,950.00. Additionally, the Law Department engaged M/E Companies (Mr. Memo to Council re Ordinance 24-08 Central Ohio Property Management April 17, 2048 Page 2 of 2 James Howard} to negotiate the acquisition with the landowner. Mr. Howard has presented the offer of compensation to Central Ohio Property Management, LLC. Central Ohio Property Management, LLC has not accepted 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: The Law Department and the Dij~ision of Engineering recommend approval of Ordinance 24-08. EXHIBIT Page 1 of 2 PARCEL Cent Oh Prop Mgt LLC WD Post Rd Version Date 03-08-07 CITY OF DUBLIN RIGHT OF WAY ACQUISITION FROM CENTRAL OHIO PROPERTY MANAGEMENT, LLC Situated in the City of Dublin, County of Franklin, State of Ohio and being a part of V.M.S. 2999, and being a part of a 2.041 acre tract of land owned by Central Ohio Property Management, LLC, as described in Instrument 200605020081803, of the Franklin County Recorder's Office. Beginning at a PK nail found at the southwest corner of said Grantor's 2.041 acre tract at the intersection of the center lines of Post Road, 60 feet in width, and Avery-Muirfield Drive, also being the TRUE POINT OF BEGINNING; Thence N 01-32-52 E a distance of 160.98 feet along the Grantor's westerly line to PK nail set in the center line ofAvery-Muirfield Drive; Thence leaving the center line of Avery-Muirfield Drive along the following five new courses through the Grantor's lands: S 88-27-08 E a distance of 30.00 feet to an iron pin set in the existing easterly right-of--way line of Avery-Muirfield Drive; Along a curve to the left, not tangent to the previous course, having an arc of distance of 59.41 feet, a radius of 140.00 feet, a central angle of 24° 18'45", and a chord bearing S 10-36-31 E a distance of 58.96 feet, to an iron pin set at a point of compound curvature; Along a curve to the left, having an arc of distance of 40.45 feet, a radius of 56.50 feet, a central angle of 41 °01'27", and a chord bearing S 43-16-36 E a distance of 39.60 feet, to an iron pin set; S 63-47-19 E a distance of 69.66 feet to an iron pin set; And, N 88-54-45 E a distance of 115.56 feet to an iron pin set in the Grantor's easterly line; Thence S 01-34-52 W a distance of 40.04 feet, passing an iron pin found at 10.00 feet at the existing north right-of--way line of Post Road, to a railroad spike found in the center line of Post Road (60 feet in width); Thence S 88-54-45 W a distance of 249.30 feet along the center line of Post Road to the TRUE POINT OF BEGINNING. The above described area contains 0.386 acres within the Franklin County Auditor's Parcel Number 273-000438, of which 0.261 acres lays within the existing road right-of--way. Grantor claims title by Instrument 200605020081803, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple". EXHIBIT A Page 2 of 2 PARCEL Cent Oh Prop Mgt LLC WD Post Rd Version Date 03-08-07 This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in July, 2006, through March, 2007, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only. i ~~ ~ Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. r•`•~ E ~ F ~''•. n' =~~~p w~~ A. o - * noa~oN - F 646 * = ~G. ..~ ` y „ City of Dublin V.M.S. 2999 and V.M.S. 3010, Franklin County, Ohio 0 30~ 60 ~"7 N01'32'52"E 21.04' P.0.6. TEMP ES S88'27'08"E 30.00' ~ Q,~, J L.~ ~ W ~ ~ g~ W ~ p n ~ }- N ~ ~ u W o ~ z Q I David J. Kaiser i Inst. 200312090390564 I / Wynn & Judy i Hollingshead j ~ O.R. 32212G17 ' ~ - - --~- V.M.S. 3010 ~- -- .M.S. 2999 S88'27'08"E 20.00' I CENTRAL OHIO PROPERTY ,Q~ MANAGEMENT, LLC S01'32'52"W 2,041 Acres I ~ ~ 21.04' INST. #200605020081803 ' S & R Properties C3 PID: 273-000438 of Columbus, LLC C 1 Inst. 200502030021012 1 ~Q~ , C4 ~ ~~ ~ 0.133 ACRES I w~ C2 S63 ~TFMP EASEMENT N ^ \' \Q~ 44~~1 6 9 '• `n u~ Sg .80 , F rn 34). N 6g lg ,. Z ~ • 66. F Q~ S88' 54'45" -----------219.29' 0.386 ACRES ~-~- LEGEND O Monument Found Iron Pin Found ~A Iron Pin Set 5/8" x 30" rebar set with s plastic I.D. cap: "DODSON 6446" ~~ Railroad Spike Found ~s T P.o,B -Point Of Beginning P.o.C -Point Of Commencement S88'54'45 249.30' N88'S4'45"E 111.63' N88'S4'45"E 1 15.56' PRO ACRES 0.261 ~~F POST ROAD S01'34'52"W 20.02' X501'34'52"W 40.04' --~ ----- CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD CH. BRG. C 1 24' 18'45" 140.00' 59.41' 58.96' S 10'36'31 "E C2 41'01'27" 56.50' 40.45' 39.60' S43'16'36"E C3 24' 18'45" 120.00' 50,92' 50.54' S 10'36'31 "E C4 41'01'27" 36.50' 26.13' 25.58' S43'16'36"E I do hereby certify that this plot Wos bused upon actual surveys of the premises performed in July, 2006, through Torch, 2007, and upon available public records. Bearings used in this description are bused on Ohio State Plane Coordinates, SouthZone, NAD1983 (1986 adjustment), and are for the determination of angles only. ~~ Walter Allen Dodson PS 6446, Ohio •~~ '( fa () ~ ''~ `~ O ^ ~a~p ~ ~ wac~e~ ~ c~ A. '~ ~. D~O/D/S~OcN - ~. ~ G' NTTY ~ ^~ .fi'~: EXHIBIT g Page 1 of 2 PARCEL Cent Oh Prop Mgt LLC T Post Rd Version Date 03-08-07 CITY OF DUBLIN TEMPORARY EASEMENT FROM CENTRAL OHIO PROPERTY MANAGEMENT, LLC Situated in the City of Dublin, County of Franklin, State of Ohio and being a part of V.M.S. 2999, and being a part of a 2.041 acre tract of land owned by Central Ohio Property Management, LLC, as described in Instrument 200605020081803, of the Franklin County Recorder's Office. Beginning, for reference, at a PK nail found at the southwest corner of said Grantor's 2.041 acre tract at the intersection of the center lines of Post Road, 60 feet in width, and Avery-Muirfield Drive; Thence N 01-32-52 E a distance of 160.98 feet along the Grantor's westerly line to PK nail set in the center line ofAvery-Muirfield Drive; S 88-27-08 E a distance of 30.00 feet to an iron pin set in the existing easterly right-of--way line of Avery-Muirfield Drive, also being the TRUE POINT OF BEGINNING; Thence N 01-32-52 E a distance of 21.04 feet along the existing easterly right-of--way line of Avery-Muirfield Drive to a point; Thence leaving the easterly right-of--way ofAvery-Muirfield Drive along the following six courses through the Grantor's lands: S 88-27-08 E a distance of 20.00 feet to a point; S 01-32-52 W a distance of 21.04 feet to a point of curvature; Along a curve to the left, having an arc of distance of 50.92 feet, a radius of 120.00 feet, a central angle of 24°18'45", and a chord bearing S 10-36-31 E a distance of 50.54 feet, to a point of compound curvature; Along a curve to the left, having an arc of distance of 26.13 feet, a radius of 36.50 feet, a central angle of 41°01'27", and a chord bearing S 43-16-36 E a distance of 25.58 feet, to a point; S 63-47-19 E a distance of 64.80 feet, to a point; And, N 88-54-45 E a distance of 111.63 feet to a point in the Grantor's easterly line; Thence S 01-34-52 W a distance of 20.02 feet along the Grantor's easterly line to an iron pin set; Thence leaving the Grantor's easterly line along the following four courses through the Grantor's lands: S 88-54-45 W a distance of 115.56 feet to an iron pin set; F.XNiRiT A N 63-47-19 W a distance of 69.66 feet to an iron pin set; Page 2 of 2 PARCEL Cent Oh Prop Mgt LLC T Post Rd Version Date 03-08-07 Along a curve to the right, having an arc of distance of 40.25 feet, a radius of 56.50 feet, a central angle of 41°01'27", and a chord bearing N 43-16-36 W a distance of 39.60 feet, to an iron pin set; Along a curve to the right, having an arc of distance of 59.41 feet, a radius of 140.00 feet, a central angle of 24°18'45", and a chord bearing N 10-36-31 W a distance of 58.96 feet, to the TRUE POINT OF BEGINNING. The above described area contains 0.133 acres within the Franklin County Auditor's Parcel Number 273-000438. Grantor claims title by Instrument 200605020081803, in the records of Franklin County, Ohio. Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple". This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio, and was based upon actual surveys of the premises performed in July, 2006, through March, 2007, and upon available public records. Bearings used in this description are based on Ohio State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the determination of angles only. ~ ~ ~l ~- Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. ~• P ....... O y ; '~ BAITER ~~ DODSON '~ F 6446 s •. ••. City of Dublin V.M.S. 2999 and V.M.S. 3010, Franklin County, Ohio 0 30~ 60~ NO1'32'52"E 21.04' P.0.6. TEMP ESM'T S88'27'08"E E 30.00' J Li ~ W ~ ~ ~~ I p W Q 0.386 ACRES --~ -~---~- P.O.B. 0.386 Acres LEGEND ~ Monument Found w ~ ~ rn o z 1 I / David J. Koiser ~ Inst. 200312090390564 i i Wynn & Judy ~ Hollingshead j ~ O.R. 32212G17 ' ~ - - --~- a 1 I I V.M.s_30i ____-- - _- ~- .M.S. 2999 588'27'08"E 20.00' ~ CENTRAL OHIO PROPERTY ,Q`~ MANAGEMENT, LLC so1'32'52"W 2.041 Acres I ~ ~ 21.04' INST. #200605020081803 ' S & R Properties C3 PID: 273-000438 of Columbus, LLC C 1 Inst. 200502030021012 1 ~Q~ ~~ C4 ~ •~^ .. ~-0.133 ACRES ~ w ~~ ~ o \Q5 8 4) Ig M u? 563 4 8D . F N ~_ ~,,,. z°~ ~ v~66~ Iron Pin Found ~A Iron Pin Set 5/8" x 30" rebar set with s plastic I.D. cap: "DODSON 6446" ~~ Railroad Spike Found ~s T P.o.e -Point Of Beginning P.o.C -Point Of Commencement TEMP EASEMENT N88'S4'45"E 111.63' N88'S4'45"E S88'S4'45"W 1.15.56__-_ -----------219.29- -- -- \QF PRO ACRES 0.261 588'54'45"W 249.30' P T R A ~~~~ OS 0 D 501'34'52"W 20.02' S01'34'52"W ~ 40.04' CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD CH. BRG. C 1 24' 18'45" 140.00' 59.41' 58.96' S 10'36'31 "E C2 41'01'27" 56.50' 40.45' 39.60' S43'16'36"E C3 24' 18'45" 120.00' 50.92' 50.54' S 10'36'31 "E C4 41'01'27" 36.50' 26.13' 25.58' S43'16'36"E I do hereby certify that this plat Wos based upon octuol surveys of the premises performed in July, 2006, through Morch, 2007, and upon ovoiloble public records. Beorings used in this description are bosed on Ohio Stote Plone Coordinates, SouthZone, NAD1983 (1966 adjustment), and are for the determination of angles only. ~J~ ~-~-~ Wolter Allen Dodson PS 6446, Ohio •'~ E 0 F ?,• Q, ,,..,..... Q "~ '~ WALTER ~'°• ~ ''~ ~ A. °~ * DDDSON ::. ~; ~, 6446, ^ ~~,a= ;,~4• ~ •.,V . E Y ~~