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Home My WebLink About25-08 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. ,`~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'