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Home My WebLink About25-08 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 25-08 Passed 20 AN ORDINANCE APPROPRIATING A 0.141 ACRE, MORE OR LESS, FEE SIMPLE INTEREST (WITH 0.110 ACRE, MORE OR LESS, PRESENT ROAD OCCUPIED) AND A 0.071 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM S&R PROPERTIES OF COLUMBUS LLC, LOCATED EAST OF AVERY- MUIRFIELD DRIVE AND ON THE NORTH SIDE OF 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, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~_ a majority 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 Eleven Thousand Dollars and No Cents ($11,000.00) 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 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. Mayor -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 No. 25-08 -The S&R Properties of Columbus, LLC Property Avery-Muirfield Drive 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 the S&R Properties of Columbus, 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 S&R Properties of Columbus, LLC - a 0.141 acre, more or less, fee simple interest for right-of--way (with 0.110 acre, more or less, present road occupied) and a 0.071 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; Central Ohio Property Management, 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 of the take to be $11,000.00. Additionally, the Law Department engaged M/E Companies (Mr. Memo to Council re Ordinance 25-48 - S&R Properties of Columbus April 17, 2448 Page 2 of 2 James Howard} to negotiate the acquisition with the landowner. Mr. Howard has presented the offer of compensation to S&R Properties of Columbus, LLC. S&R Properties of Columbus, 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 recommends approval of Ordinance No. 25-48. 25-08 AN ORDINANCE APPROPRIATING A 0.141 ACRE, NTORE OR LESS, FEE SIMPLE INTEREST (WITH 0.110 ACRE, MORE OR LESS, PRESENT ROAD OCCUPIED) AND A 0.071 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT FROM S&R PROPERTIES OF COLUMBUS LLC, LOCATED EAST OF AVERY- MUIRFIELD DRIVE AND ON THE NORTH SIDE OF 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, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, a majority 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 Eleven Thousand Dollars and No Cents ($11,440.40) 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 fords 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 ~. 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 trafl"ic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this day of 2008. Mayor -Presiding Officer ATTEST: Clerk of Council EXHIBIT Page 1 of 1 PARCEL S & R PROPERTIES OF COLUMBUS, LLC WD Post Rd Version Date 03-13-07 CITY OF DUBLIN RIGHT OF WAY ACQUISITION FROM S & R PROPERTIES OF COLUMBUS, LLC Situated in the City of Dublin, County of Franklin, State of Ohio lying in V.M.S. 2999 and being a part of a 1.107 acre parcel of land as conveyed to S & R Properties of Columbus, LLC, and described in Instrument 200502030021012 of the Franklin County Recorder's Office. Beginning, for reference on a PK nail found at the intersection of the centerlines of Post Road, 60 feet in width, and Avery-Muirfield Drive; Thence N 88°54'45"E a distance of 249.30 feet along the center line of Post Road to a railroad spike found, same being the southwest corner of said Grantor's 1.107 acres tract and being also the TRUE POINT OF BEGINNING; Thence N O1°34'52"E a distance of 40.04 feet along the Grantor's westerly line, passing a 3/a" I.D pipe found set in concrete at 30.03 feet in the existing northerly right-of--way line of Post Road to an iron pin set; Thence N 88°54'45"E a distance of 154.74 feet across the Grantor's lands along a new line 40 feet north of as measured by right angle and parallel with the centerline of Post Road to an iron pin set in the Grantor's east line; Thence S 04°20'34"W a distance of 40.18 feet along the Grantor's east line, passing the northerlyright-of--way line of Post Road at 10.05 feet to a PK nail set in the centerline of Post Road, same also being the southeast corner of said Grantor's land; Thence S 88°54'45"W a distance of 152.80 feet along the Grantor's south boundary line and along the centerline of Post Road, passing a iron pin found at 40.39 feet to the TRUE POINT OF BEGINNING. The above described area contains 0.141 Acres within the Franklin County Auditor's Parcel Number 273-000886, of which 0.110 acres lays within the existing road right-of--way. Grantor claims title by Instrument 200502030021012, in the records of Franklin County, Ohio. A drawing of this description is attached hereto and made a part hereof. 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, with the centerline of Post Road being held as S88°54'45"W. Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. ,`~N~~~aa~~~~~q~~, o•' ~ E ~ F '''•. ' ~, F wAL1Ep ~•~ a ~' o~ nonsoa ' 6446 ~:' • = ~~ Q ,. ,• ~'o,. ..,,.,,Y.,,,,~~~. EXHIBIT 8 Page 1 of 1 PARCEL Version Date CITY OF DUBLIN TEMPORARY EASEMENT FROM S & R PROPERTIES OF COLUMBUS, LLC S & R PROPERTIES OF COLUMBUS, LLC T Post Rd 03-13-07 Situated in the City of Dublin, County of Franklin, State of Ohio lying in V.M.S. 2999 and being a part of a 1.107 acre parcel of land as conveyed to S & R Properties of Columbus, LLC, and described in Instrument 200502030021012 of the Franklin County Recorder's Office. Beginning, for reference on a PK nail found at the intersection of the centerlines of Post Road, 60 feet in width, and Avery-Muirfield Drive; Thence N 88°54'45"E a distance of 249.30 feet along the centerline of Post Road to a railroad spike found, same being the southwest corner of said Grantor's 1.107 acres tract of land; Thence N O1°34'52"E a total distance of 40.04 feet along the Grantor's westerly line, passing a 3/a" I.D pipe found set in concrete at 30.03 feet in the northerly right-of--way line of Post Road to an iron pin set and the TRUE POINT OF BEGINNING; Thence continuing N O1°34'52"E a distance of 20.02 feet along the Grantor's westerly line to a point; Thence N 88°54'45"E a distance of 155.71 feet across the Grantor's land along a new line 60 feet north of as measured by right angles and parallel with the centerline of Post Road to a point in the Grantor's east line; Thence S 04°20'34"W a distance of 20.09 feet along the Grantor's east line to an iron pin set; Thence S 88°54'45"W a distance of 154.74 feet across the Grantor's land along a new line 40 feet north of as measured by right angles and parallel with the centerline of Post Road to the TRUE POINT OF BEGINNING. The above described area contains 0.071 Acres within the Franklin County Auditor's Parcel Number 273-000886. Grantor claims title by Instrument 200502030021012, in the records of Franklin County, Ohio. A drawing of this description is attached hereto and made a part hereof. 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, with the centerline of Post road being held as S88°54'45'W. ~O ~ //~ ~t ~~ Walter A. Dodson, P.S. 6446, Ohio Burgess & Niple, Inc. ~p ,.~~ tip'' v~ A. o * . p pODNON o ~ =y G~'• ... `. ••'~p CITY OF DUBLIN V.M.S 2999 AND V.M.S 3010, FRANKLIN COUNTY, OHIO WYNN & JUDY HOLLINGSHEAD I O.R. 32212 G17 I -- ~- I I V.M.S. 3010 V.M.S. 2999 CENTRAL OHIO PROPERTY MANAGEMENT, LLC INST. #200605020081803 ~ P.O.B ~ TEMP ESM'T IPF 3/4" I.D. Pipe in Concrete ~ ~ W N01'34'52"E L~ 40.04' ~ 1 11/11 " E N88'54'45 e'~~ ~_ __ ' ~ 249.30 w ~ P.O.C Q 0.141 Acres P.O.C TEMP ESM'T LEGEND O Monument Found OR Railroad Spike Found RS O,~ PK NAIL Found ~~'~ PK NAIL SET Os Iron Pin Found w N ~r _ ~'`~ N r- o O Z ~ w 0 Iron Pin Set - 5/8" x 30" rebar set with s plastic I.D. cap: "DODSON 6446" ( ) parenthesis indicates record dimension if different than measured. P.o.B -Point Of Beginning P.o.c -Point Of Commencement POST ROAD res P. I do hereby certify that this plat was based upon actual of the premises performed in July, 2006, through March and upon avoilable public records. Bearings used in this. ore based on Ohio State Plane Coordinates, SouthZone, (1986 adjustment), and ore for the determination of anf with, the centerline of Post Road being held as 588'54'4 l~ `7 1 Wolter Allen Dodson PS 6446, Ohio O~ ~r~Y•s•••. ••• • y -. ~~ i d~Griptiona o ; JADE 983 1~5 o,~,ly~~N ~ R '~ 0 30' 60' r~-~ GERALD E. FOGLE INST. #200210170261275 .nl N• S04'20'34"W ~ 40.18' S & R PROPERTIES ~, OF COLUMBUS, LLC 6344 POST RD PID: 273-000886 1.107 Acres ~ Inst. #200502030021012 ~* i O_ ~ N ~ ~ O ~ O N88'54'45"E 155.71' Temporary Easement 0.071 Acres ~~ N88'S4'4,~,"F 154.,x,4' 0.141 Acres (P.R.O =0.110 Acres) S88'54'45"W ~ 152_80' 39'