26-08 ResolutionRECORD OF RESOLUTIONS
Resolution No.
Inc .Form No 30045
i
I ~
1
26-08
Passed . 20
A RESOLUTION OF INTENT TO APPROPRIATE A
0.003 ACRE, MORE OR LESS, FEE SIMPLE INTEREST,
AND A 0.142 ACRE, MORE OR LESS, TEMPORARY
CONSTRUCTION EASEMENT FROM WILLIAMS
DEVELOPMENT, LTD., AND THEIR UNKNOWN
SUCCESSORS, TRANSFEREES AND ASSIGNS,
LOCATED AT THE SOUTHEAST CORNER OF AVERY-
MUIRFIELD DRIVE AND POST ROAD, CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO.
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 Exhibit "A" and "B" located in the City of Dublin, Franklin 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 improving Avery-Muirfield Drive and Post Road in Franklin
County, a fee simple interest and temporary construction easement in and to the
premises located in the City of Dublin, Franklin County, Ohio, and more fully
described in the legal description attached hereto as Exhibit "A" and "B".
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 provided by law.
Passed this ~ day of , 2008.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
~SCHOTTENSTEIN
ZOX`LDUNN
lIEAIOR-l14D L~~II
TO: Dublin City Council
Jane S. Brautigam, City IvIanager
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: Apri13, 2008
RE: Resolution No. 26-08 -Intent to Appropriate -The Williams Development, LTD
Property (Avery R~Iuirfield Dm~e and Post Roacl Project}
PROJECT BACKGROUND:
The City is undertaking a road improvement project on Avery Nluirfield Drive and Post Road.
The project is a modern t4vo-lane roundabout at the intersection of Avery Muirfield Drive and
Post Road. Traffic v~rill be maintained on Avery 14•Iuirfield Drive during the construction, which
is scheduled for Jwie 2008.
This project requires the acquisition of a "partial take" (the purchase of a portion of the parcel for
right-of-GVay) from multiple property ov~mers on either Avery Muirfield Drive or Post Road.
This memorandum discusses the partial take from ~~-'illiams Development, LTD. - a 0.003 acre,
more or less, fee simple interest for right-of-«~ay and a 0.142 acre, more or less, temporary
easement. There are adcfitional resolutions before Council concerning other property involved in
tlus project. The remaining property owners are the follov~.2ng: 6805 Avery 141uirfield Drive,
LLC.; Avery Shops, LLC.; Central Ohio Property Management, LLC.; S&R Properties of
Columbus, LLC.; and 6333 Post Road.
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 $3,800.00. Additionally, the Law Department engaged M/E Company (Mr. James
Howard) to negotiate the acquisitions with the landov~mers. If ab •eements can be reached, then
the Law Department will prepare ordinances authorizing the City Manager to enter into real
estate purchase contracts with the landowners. If agreements carulot be reached, the Law
Department ~,~all proceed with preparing ordinances for presentation to Council regarding
litigation.
REC OA~IAZEND ATION:
The Lave Department and the Division of Engineering recommend approval of Resolution No.
26-08.
EXHIBIT
PARCEL Wlms Dev LTD WD
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
WILLIAMS DEVELOPMENT LTD
Page I of 2
Being two parcels of land 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 2.290 acre tract of land owned by WILLIAMS
DEVELOPMENT LTD, as described in Instrument 199812100319073, of the Franklin County
Recorder's Office.
Parcel 1
Beginning at an iron pin found at the southeast corner of a 0.398 acre tract of land conveyed to
the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of
the Franklin County Recorder's Office, also being the Grantor's northeasterly corner of said
2.290acre tract;
Thence S 88-54-45 W a distance of 249.82 feet along the south right-of--way of Post Road to an
iron pin set, also being the TRUE POINT OF BEGINNING;
Thence with a new line along a curve to the left crossing the Grantor's lands, not tangent to the
previous course, having an arc of distance of 38.75 feet, a radius of 81.50 feet, a central angle of
27°14'27", and a chord bearing S 67-45-35 W a distance of 38.38 feet, to an iron pin set in the
southeasterly right-of--way of Post Road;
Thence N 42-31-42 E a distance of 19.13 feet along the southeasterly right-of--way of Post Road
to an iron pin found;
Thence N 88-54-45 E a distance of 22.60 feet along the south right-of--way of Post Road to the
TRUE POINT OF BEGINNING.
The above described area contains 0.002 acres, or 98 square feet, within the Franklin County
Auditor's Parcel Number 273-000299.
Parcel 2
Beginning at an iron pin found at the southeast corner of a 0.398 acre tract of land conveyed to
the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of
the Franklin County Recorder's Office, also being the Grantor's northeasterly corner of said
2.290acre tract;
Thence S 88-54-45 W a distance of 272.41 feet along the south right-of--way of Post Road to an
iron pin found;
Thence S 42-31-42 W a distance of 51.98 feet along the southeasterly right-of--way of Post Road
to an iron pin set, also being the TRUE POINT OF BEGINNING;
Thence with a new line S 31-44-28 W a distance of 15.05 feet to an iron pin set;
EXHIBIT A Page 2 of 2
PARCEL Wlms Dev LTD WD
Post Rd
Version Date 03-08-07
Thence with a new line along a curve to the left crossing the Grantor's lands, tangent to the
previous course, having an arc of distance of 11.80 feet, a radius of 19.00 feet, a central angle of
35°35'47", and a chord bearing S 13-56-34 W a distance of 11.62 feet, to an iron pin set in the
easterly right-of--way ofAvery-Muirfield Drive;
Thence N 03-51-20 W a distance of 11.57 feet along the easterly right-of--way of Avery-
Muirfield Drive to an iron pin found;
Thence N 42-31-42 E a distance of 17.00 feet along the southeasterly right-of--way of Post Road
to the TRUE POINT OF BEGINNING.
The above described area contains 0.001 acres, or 37 square feet, within the Franklin County
Auditor's Parcel Number 273-000299.
Grantor claims title by Instrument 199812100319073, 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.
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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EXHIBIT
PARCEL Wlms Dev LTD T
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
WILLIAMS DEVELOPMENT LTD
Page 1 of 2
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 2.290 acre tract of land owned by WILLIAMS DEVELOPMENT
LTD, as described in Instrument 199812100319073, of the Franklin County Recorder's Office.
Beginning at an iron pin found at the southeast corner of a 0.398 acre tract of land conveyed to
the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of
the Franklin County Recorder's Office, also being the Grantor's northeasterly corner of said
2.290acre tract, and being the TRUE POINT OF BEGINNING;
Thence S 04-38-56 E a distance of 20.04 feet along the Grantor's east line to a point;
Thence the following nine courses across the Grantor's lands:
S 88-54-45 W a distance of 86.14 feet to a point;
N O1-OS-15 W a distance of 10.00 feet to a point;
S 88-54-45 W a distance of 164.24 feet to a point;
Thence along a curve to the left, not tangent to the previous course, having an arc of distance of
21.87 feet, a radius of 71.50 feet, a central angle of 17°31'25", and a chord bearing S 72-06-29
W a distance of 21.78 feet, to a point;
S 42-31-42 W a distance of 57.43 feet, not tangent to the previous course, to a point;
S 03-51-20 E a distance of 50.07 feet to a point;
N 86-08-40 E a distance of 10.00 feet to a point;
S 03-51-20 E a distance of 66.00 feet to a point;
And, S 86-08-40 W a distance of 20.00 feet to a point in the easterly right-of--way line of Avery-
Muirfield Drive;
Thence N 03-51-20 W a distance of 112.94 feet along the easterly right-of--way line of Avery-
Muirfield Drive to an iron pin set;
Thence along a curve to the right, tangent to the previous course, having an arc of distance of
11.80 feet, a radius of 19.00 feet, a central angle of 35°35'47", and a chord bearing N 13-56-34
E a distance of 11.62 feet, to an iron pin set;
EXHIBIT A Page z of z
PARCEL Wlms Dev LTD T
Post Rd
Version Date 03-08-07
Thence N 31-44-28 E a distance of 15.05 feet to an iron pin set in the southeasterlyright-of--way
of Post Road;
Thence N 42-31-42 E a distance of 32.85 feet along the southeasterly right-of--way of Post Road
to an iron pin set;
Thence along a curve to the right, not tangent to the previous course, having an arc of distance of
38.75 feet, a radius of 81.50 feet, a central angle of 27°14'27", and a chord bearing N 67-45-35
E a distance of 38.38 feet, to an iron pin set in the southeasterly right-of--way of Post Road;
Thence N 88-54-45 E a distance of 249.82 feet along the southeasterly right-of--way of Post
Road to the TRUE POINT OF BEGINNING.
The above described area contains 0.142 acres within the Franklin County Auditor's Parcel
Number 273-000299.
Grantor claims title by Instrument 199812100319073, 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.
G
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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