25-08 ResolutionRECORD OF RESOLUTIONS
Inc .Form No
1
1
1
25-08
Reso[urion No. Passed 20
A RESOLUTION OF INTENT TO APPROPRIATE 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,
AND THEIR UNKNOWN SUCCESSORS, TRANSFEREES AND
ASSIGNS, LOCATED EAST OF AVERY-MUIRFIELD DRIVE
AND ON THE NORTH SIDE OF 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 ~7y1 day of , 2008.
Mayor -Presiding Officer
ATTEST:
C~v~- ~
Clerk of Council
~SCHOTTENSTEIN
ZOX~`DUNN, ..
11fE~IOR=IA~LT~I
TO: Dublin City Council
Jane S. Brautigam
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Lav~T Director
Philip K. Hartmann, Assistant Laval Director
DATE: April 3, 2448
RE: Resolution 25-48 - Intent to Appropriate - S&R Properties of Columbus LLC
Avery Nluirfield Drive and Post Road Project
PROJECT BACKGROUND:
The City is undertaking a road improvement project on Avery Muirfield Drive and Post Road.
The project is a modern tvtTo-lane roundabout at the intersection of Avery Muirfield Drive and
Post Road. Traffic «~ill be maintained on Avery Muirfield Drive during the construction, which
is schech~leci for Jtuie 2.008.
This project requires the acquisition of a "partial take" (the purchase of a portion of the parcel for
right-of--way} from multiple propert~J owners on either AverST Muirfield Drive or Post Road.
This memorandum discusses the paa-tial take from S&R Properties of Columbus, LLC - a 4.141
acre, more or less, fee simple interest for right-of--way (with 4.114 acre, more or less, present
road occupied} and a 4.471 acre, more or less, temporary easement. There are additional
resolutions before Council concerning other property im~olved in this project. The remaining
property oumers are the following: 6845 Avery Muirfield Drive, LLC; Avery Shops, LLC;
Central Ohio Propert}r l~~Ianagement, LLC; Utjilliams Development, LTD; 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 $11,444.44. Additionally, the Law Department engaged MIE Company (Mr.
James Howard} to negotiate the acquisitions with the landowners. If agreements can be reached,
then the Law Department will prepare ordinances authorizing the City Manager to enter into real
estate purchase contracts v<Tith the landowners. If agreements cannot be reached, the Law
Department will proceed with preparing ordinances for presentation to Council regarding
litigation.
RECONIIIIENDATION:
The Law Department recommends approval of Resolution No. 25-48.
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
northerly right-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.
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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.
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Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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CITY OF DUBLIN
V.M.S 2999 AND V.M.S 3010, FRANKLIN COUNTY, OHIO
WYNN & JUDY HOLLINGSHEAD
I O.R. 32212 G17 I
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V.M.S. 3010
V.M.S. 2999
CENTRAL OHIO PROPERTY
MANAGEMENT, LLC
INST. #200605020081803
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IPF
3/4" I.D. Pipe in Concrete
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W N01'34'52"E
L~ 40.04' ~
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~ 249.30
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~ 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
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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
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GERALD E. FOGLE
INST. #200210170261275
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S04'20'34"W
~ 40.18'
S & R PROPERTIES
~, OF COLUMBUS, LLC
6344 POST RD
PID: 273-000886
1.107 Acres ~
Inst. #200502030021012 ~*
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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'