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02-08 ResolutionRECORD OF RESOLUTIONS Inc., Farm No. 30045 1 1 Resolution No 02-08 Passed _ ~, 2U A RESOLUTION OF INTENT TO APPROPRIATE A 3.654 ACRES, MORE OR LESS, (WITH 0.112 ACRES PRESENT ROAD OCCUPIED), FEE SIMPLE INTEREST, FROM BP N THE EXPLORATION & OIL INC., LOCATED O SOUTHEAST CORNER OF POST ROAD (S.R. 161) AND LIGGETT ROAD, COUNTY OF UNION, STATE'` OF OHIO. WHEREAS the Cit of Dublin Cit is re arin to construct road im rovements P ( Y) p p g ~ Y and an interchange reconfiguration along the Post Road/U.S. 33 interchange 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, Union County, Ohio; NOW THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, _~of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of constructing road improvements and an interchange reconfiguration along the Post Road/U.S. 33 interchange to improve related traffic circulation, a fee simple interest in and to the premises located in the County of Union, Ohio, and more fully described in the legal description attached hereto as Exhibit "A". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this _ day of , 2008. Mayor -Presiding ATTEST: Clerk of Council L! ~SCHOTTENSTEIN ZOX;~DUNN~. ,~~, 11ER10RAND U111 TO: Dublin City Council Jane S. Brautigam FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Stephen J. Smith, Law Director DATE: December 21, 2007 RE: Resolution 02-08 -Intent to Appropriate - BP Exploration arrd Oil, Inc. U.S. 33 and S.R. 161 Interchange Improvement Project PROJECT BACKGROUND; The CitS~ of Dublin ("City") aricl the Ohio Department of Transportation ("ODOT") are working together to make improvements to the US 33!SR 161/Post Road interchange. As part of the improvement to the interchange, the City will undertake the relocation of Liggett Roacl to the east. The US 33!SR 161/Post Road interchange and Li~~ett Road relocation nroiect ("nroiect"1 the proiect route. This memorandum discusses the BP Exploration and Oil, Inc. property ("BP"}, Located on the southeast comer of Post Road (S.R. 161) and Liggett Road, just east of the 16llU.S. Route 33 interchange. ACQUISITION INTRODUCTION: This legislation provides for the acquisition of 3.654 acres, more or less, (0.112 acres, more or less, present road occupied) fee simple interest from BP. ["Present road occupied" basically means that this property contains an area in which the property owner (BP} holds the underlying fee, but the land is currently encumbered by an existing highway easernent.J ACQUISITION DETAILS: Since the year 2006, the Law Department has attempted to negotiate the regrired property acquisition. The appraisal has been completed and the Law Deparhnent engaged M.1`E Company (141r. James Howard) to negotiate the acquisition «rith BP. The appraiser determined the value of the acquisition to be $1,100,001.00. The negotiation will continue to take place after passage of this resolution. If an agreement is reached, then the Law Department will prepare an ordinance authorizing the CitSr Manager to enter into real estate purchase contract with BP. If an agreement cannot be reached, the LaGV Department will proceed v~ath preparing an ordinance for presentation to Council regarding litigation. RECOnInIENDATION: The Law Department and the Division of Engineering recommends approval of Resolution No. 02-08. 3.654 ACRES P~cEioFl SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN, VIRGINIA MILITARY SURVEY NUMBER 3452, BEING ALL OF THE REMAINDER OF THAT TRACT OF LAND CONVEYED TO THE PUST- HYLANDS CO. BY DEED OF RECORD IN DEED BOOK 244, PAGE 96 AND PART OF THAT TRACT OF LAND CONVEYED TO THB POST-HYLANDS CO. BY DEED OF RECORD IN DEED BOOK 244, PAGE 9S, ALL RHFERBNCES BEING TO THE RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A MAG NAIL SET IN THE CENTERLINE OF LIGGETT ROAD, LOCATED NORTH 03° Sl' 43" WBST, A DISTANCE OF 337 FEET FROM THE CENTERLINE INTERSECTION OF LIGGETT ROAD AND POST ROAD, THE NORTHWESTERLY CORNER OF SAID THE POST-HYLANDS CO. TRACT (DEED BOOK 244, PAGE THENCE SOUTH 74.27' 36" EAST, A DISTANCE OF E0.04 FEET TO A RAILROAD SPECE SET AT AN ANGLE POINT' IN THB CENIERUNF OF SAID POST ROAD; THENCE SOUTH 21.16' 10" WEST, A DISTANCE OF 33.69 FEET TO AN IRON PTN SET; THENCE SOUTH 3E° 15' 45" weST, A DISTANCE OF 33.17 FEET TO AN IRON PIN SET 1N THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID POST ROAD; THENCE WIR{ SAID SOUTHERLY RIGHT-0F-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: WITH THE ARC OF A CURVE TO THE RIGHT (DELTA - 14° 3Z' OE", RADIUS - 750.00 FEET) A CHORD BEARING AND DISTANCE OF SOUTH S9' 43' 17" EAST, 119.76 FEET TO AN IRON PIN SET; SOUTH 52.27' l2" EAST, A DISTANCE OF 495.64 FEET TO AN IRON PIN SET AT A POINT OF CURVATURE TO THE RIGHT, AND WITH THE AAC OF SAID CURVE (DELTA ~ IO° 32' 33", RADIUS ~ 600.00 FEET] A CHORD BEARING AND DISTANCE OF SOUTH 47• ! 0' SS" EAST, 11034 FEET TO AN IRON PIN SET; THENCE NORTH iT 15. 43" WEST, PARTIALLY CROSSING SAIL1 THE POST-HYLANDS CO. TRACT (DEED BOOK 244, PAGE 95) AND PARTIALLY WITH THE NORTHERLY LINE OF THAT TRACT CONVEYED TO S.G. LAMYERS, LTD. BY DEED OP RECORD IN OFFICIAL RECORD 132, PAGE 606, A DISTANCE OF 627.59 FEET TO AN IRAN PIN SET Bi THE EASTERLY RIGHT-OF-WAY LINE OF SAID LIGGETT ROAD; THENCE NORTH 03• SI' 43" WEST, WI1H SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 424.51 FEBT TO AN IRON PIN SET, THENCE SOUTH i6.Oi' S6" WEST, LEAVING SAID EASTERLY RIGHT-0F-WAY LINE, A DISTANCE OF 20,00 FEET TO A MAG NAIL SET IN THE CENTERLINE OP SAID LiGGETT ROAD; THENCE NORTH 03° Sl' 43" WEST, WITH SAID CENTERLINE, A DISTANCE OF 99.89 FEETTO THE POINT OF BEGTPINING, CONTAINMG 3.654 ACRES OF LAND, MORE OR LESS, 0.112 ACRE OF WHICH LIES WITHIN THE PRESENTLY OCCUPIED RIGHT-0F-WAY OF POST ROAD. SUBJECT, HOWEVER, TO ALL LEGAL RIGHTS OF WAYS ANWOR EASEMENTS, IF ANY, OF PREVIOUS RECORD. HEARINGS POR THIS DESCRIPTION ARE BASED ON A PORTION OF THE CENTERLINE OF LIGGETT ROAD HAVING A BEARING OP NORTH 03° S 1' 43" WEST. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE A PART THEREOF. BVANS, MECHWART, HAMBLETON k TILTON, INC. MATTtIEW A. KIRK REGISTERED SURVEYOR N0.7865 ~K~ OFO,y~_ MAK/KWFHBOI x b" ~A`D ,e3aJ^~: ~/G6trr ,2o~tD /AJ ~vtwN ~o,~''IE' Cou.,o1'y t! AtlO .~,dow.v ~S ~ONAt C~~o-F~cb.24.. N Yuta p . GRoY ~~~ t a u,veo.~ Cou.~Tf'. . ~o Qla~ ~>4~ DESCRIPTION ACCEPTABLE ../~ ;~ _~~,~ .~~ .~ L•t~ ACRE TRACT(S) 1~.~ P~ANNN+G oo~wu8sloN APPROVAL GR 2 7 3 PG 4 8 6 p fa+.n ~ ~~~''`~' is OA ~ YIipH Y W041EER ~ B9 '81 e5t 6 .{ill tI1 1 1 {lil111 l 11!111013 ului4 lne ula ~ !' . lav' ~~ (~ ~c ~ - --~ t ~1 i I ~' ~ i R Y StAPYFY Q~ AG'PFi1QE' oARC~ . ii3- LOCA7ED W -~ecrn~A MAUrARrsa~erFr,~ Q'TY A~ DUBL/N, CbV/A'V L171'pyry, QH/D '~L a avol \ ~ DETAIL \ NOT TD SCALE F F ~r E \ "~} . ~ ~ fis Pact - H}}IIo~~ qx O.B. ?4I, Pyt 9B (VACANTI ~.I ~ 1t~TAL ~ .x694 Am RM' ~ Ql12 Aa ~ ~ lVE7" ~ .xS14? A6 7At Poll - Hyaray q0. ~ TII, Py. 93 , •~` I (RJ~O AGf 1 ~~~ ~ ~I~ S G Lo M~ Lf4 QR 7Jy 6Lb ~ ~ 7bo Pos! - //~Ig1oj la o~ z~~ ~. ~ ~ .. ~ ~ 1 • ~ ,gyp, f)VG 9 ~v B.tA3 A~ BEARAyry. a ~ ~~ o,~ a PatAm of eMtaiho of LAppott Roca Am{rY o eoariry oI NOJ51' - SLr ~ ~ ILTG At,4i ~ IJ M. • ~ P.AC cRS sr oro 1J~?-~.~ of~ w/ ' ~wwEx ,~ : ' ~ rlGq ?00! APR ~ g ' ., eop A»rpod aey<r. ,ao~ p } ~ ~ of Pli ?r p] ~1 as a+r ~~'~,~ a~~ , BM.H.dtT INC. ~~'~'~~„`"~ s 0R 2 7 3 PG ` By BP / 20001J6B / 01J6Bbv