23-08 ResolutionRECORD OF RESOLUTIONS
Inc .Form No 30045
23-08
Resolution No. Passed
20
1
1
A RESOLUTION OF INTENT TO APPROPRIATE A 0.042
ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A
0.245 ACRE TEMPORARY CONSTRUCTION EASEMENT
FROM AVERY SHOPS, LLC, AND THEIR UNKNOWN
SUCCESSORS, TRANSFEREES AND ASSIGNS,
LOCATED AT THE SOUTHWEST 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.
w
Mayor -Presiding Officer
ATTEST:
r
Clerk of Council
1
~SCHOTTENSTEIN
ZOX~`DUNN, ..
ME11fOR~ ~~D LhYf
TO: Dublin City Council
Jane S. Brautigam
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmaiu~, Assistant Law Director
DATE: April 3, 2448
RE: Resolution 23-48 - Intent to Appropriate -Avery Shops, LLC Property
Avery Muirfield 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 two-lane roundabout at the intersection of Avery Muirfield Drive and
Post Road. Traffic will be maintained on Avery Nluirfield Drive during the construction, which
is scheduled for June 2448.
This project requires the acquisition of a "partial take" {the purchase of a portion of the parcel for
right-of-Tay} from multiple property ov~mers on either Avery Muirfield Drive or Post Road.
This memorandum discusses the partial take from 6845 Avery Muirfield Drive, LLC - a 4.412
acre, more or less, fee simple interest for right-of-v~Tay, a 4.464 acre, more or less, easement for a
bike path along the east side of the property, a 4.427 acre, more or less, bike path and utility
easement along the south side of the property and a 4.288 acre, more or less, temporary
easement. In addition to the installation of the roundabout, there will be a relocation of a bike
path currently in place on this parcel.
There are additional resolutions before Council concerning other property involved in this
project. The remaining property owners are the follo~tring: Avery Shops, LLC.; Central Ohio
Property Management, LLC.; S&„R Properties of Columbus, LLC.; Williams Development,
LTD.; and 6333 Post Road.
ACQUISITION DETAILS:
The Law Deparlxnent 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 for
the take to be $22,744.44. Additionally, the Law Department engaged M/E 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
Memo to Council -Resolution 23-08 - Aveiy Shops LLC
April 3, 2008
Page 2 of 2
estate purchase contracts with the lando~~-~ners. If agreements cannot be reached, the Law
Department ~~~ill proceed with preparing ordinances for presentation to Council regarding
litigation.
RECOMMENDATION:
The Law Department recommends approval of Resolution No. 23-08.
Columbus
Cleveland
Cincinnati
[Fi 11; 2454 f }
250 West Street, Columbus, Ohio 432 1 5-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
EXnHIBIT
/~
Page 1 of 2
PARCEL Avery Shops LLC WD
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
AVERY SHOPS LLC
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 Lot Number 1 of Avery Place as the same is delineated upon the
recorded plat thereof, of record in Plat book 104, Page 94 and 95, of the Franklin County
Recorder's Office.
Beginning, for reference, at an iron pin found at the northwest corner of said Grantor's Lot 1 of
aforementioned Avery Place in the southerly line of Post Road, 60 feet in width;
Thence S 89°17'59"E a distance of 186.82 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin found;
Thence N 89°01'30"E a distance of 133.64 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin set at the TRUE POINT OF BEGINNING;
Thence continuing N 89°01'30"E a distance of 113.61 feet along the north line of Lot 1 and the
southerly line of Post Road to an iron pin found;
Thence S 47-24-57 E a distance of 47.14 feet along the northeasterly line of Lot 1 and the
southwesterly line of Post Road to an iron pin found in the westerly line of Avery-Muirfield
Drive;
Thence S 03-51-24 E a distance of 21.15 feet along the east line of Lot 1 and the westerly line
of Avery-Muirfield Drive to an iron pin set;
Thence leaving the westerly line of Avery-Muirfield Drive along the following three new
courses through said Lot 1:
Along a curve to the left, not tangent to the previous course, having an arc of distance of 78.57
feet, a radius of 90.00 feet, a central angle of 50°01'00", and a chord bearing N 56-00-35 W a
distance of 76.09 feet, to an iron pin set;
Along a line not tangent to the previous course, S 89-01-30 W a distance of 86.47 feet to an iron
pin set;
And, N 00-58-30 W a distance of 10.00 feet to the TRUE POINT OF BEGINNING.
The above described area contains 0.042 acres within the Franklin County Auditor's Parcel
Number 273-011303.
Grantor claims title by Instrument 200411020252777, in the records of Franklin County, Ohio.
Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple".
EXHIBIT A Page 2 of 2
PARCEL Avery Shops LLC WD
Post Rd
Version Date 03-08-07
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.
r.~P'( E .. ~ F vy.
SALTER
y a. U -_
~, oooson
' R~ 0
EXHIBIT
~ 3
PARCEL Avery Shops LLC T
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
AVERY SHOPS LLC
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 Lot Number 1 of Avery Place as the same is delineated upon the
recorded plat thereof, of record in Plat book 104, Page 94 and 95, of the Franklin County
Recorder's Office.
Beginning, for reference, at an iron pin found at the northwest corner of said Grantor's Lot 1 of
aforementioned Avery Place in the southerly line of Post Road, 60 feet in width, and being the
TRUE POINT OF BEGINNING;
Thence S 89°17'59"E a distance of 186.82 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin found;
Thence N 89°01'30"E a distance of 133.64 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin set at;
Thence leaving the south line of Post along the following three courses through said Lot 1:
S 00-58-30 E a distance of 10.00 feet to an iron pin set;
N 89-O1-30 E a distance of 86.47 feet to an iron pin set;
And, along a curve to the right, not tangent to the previous course, having an arc of distance of
78.57 feet, a radius of 90.00 feet, a central angle of 50°01'00", and a chord bearing S 56-00-35 E
a distance of 76.09 feet, to an iron pin set in the westerly line ofAvery-Muirfield Drive;
Thence S 03-51-24 E a distance of 60.86 feet along the east line of Lot 1 and the westerly line
of Avery-Muirfield Drive to a point;
Thence leaving the westerly line of Avery-Muirfield Drive along the following five new courses
through said Lot l:
S 86-08-36 W a distance of 10.00 feet;
N 03-51-24 W a distance of 58.37 feet;
Along a curve to the left, not tangent to the previous course, having an arc of distance of 49.29
feet, a radius of 80.00 feet, a central angle of 35°17'59", and a chord bearing N 50-19-57 W a
distance of 48.51 feet, to a point;
S 89-01-30 W a distance of 236.17 feet;
And N 89-17-59 W a distance of 187.19 feet to a point in the west line of said lot 1;
EXHIBIT
Page 2 of 2
PARCEL Avery Shops LLC T
Post Rd
Version Date 03-08-07
Thence N 00-42-O1 E a distance of 25.00 feet along the west line of Lot 1 to the TRUE POINT
OF BEGINNING.
The above described area contains 0.245 acres within the Franklin County Auditor's Parcel
Number 273-011303.
Grantor claims title by Instrument 200411020252777, 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.
~
~`'
E 0 F
~. P ,,....,. p
.
` ~ ~~1~ ~
a a-
* : DOOSON
~s ~~ ~
CITY OF DUBLIN
V.M.S. 2999. FRANKLIN COUNTY, OHIO
P.o.c e=5o'o1'00° LEGEND
0.042 Acres P.0.8
0
042 Acres R=90.00'
' 0 Monument Found
.
P.O.B L=78.57
' ~ Iron Pin Found
TEMP ESM'T
"
" C=76.09
CB=556'00'35"E •~
'~ Iron Pin Set
SEE DETAIL
A
POST ROAD 0.042 Acres s
•
5/8" x 30" rebar set with
"
"
._._._..___.___.__.-.-
------- -.-.-~._-_._._._._._._.
.____.__.__._.___.__. -~- 1 _ _
- ~
-- -
O plastic I.D. cap:
DOD$ON
i
i
th
di
t
d 6446
di
i
~
~
S89'1759 E N89'01 30 E
! paren
n
es recor
es
s
ca
'
' mens
on
,Q
4
-„ ~Q 186 2' q 133. 4' s ~
~Q
~
I rf d
rfferent than meosured .
w p
° 0.245 Acres 5 h
~ P.o.B -Point Of Beginning
o so' too'
236 17'
cNV N89'17'59"W 187,19' S89'01'30"W ~
`Q P.O.C -Point Of Commencement
~
°o TEMPORARY e=35'17'59"
° 5 i
~Q v1
rn ~ l ~
z EASEMENT R=80.00' ono ~ ~ ~' i ~!
L=49.29'
' ~N
' °i-~ ~i~
LOT 1 C=48.51 ? r*i i
LOT 4 CB=N50'19'57"W ~ i I Z
'
° ~ N89'01'30"E
e 113.61
~eF
586'08'36"W
' i o ~ \
5 0.042 Acres sAj,
AVERY SHOPS LLC to.oo
~ !~ o~ e ~
'
R•
AVERY PLACE,
6695 AVERY MUIRFIELD DR 1, C
! °-o 589'01'30"W 86.4 7
S g
s,,•
,e ~
PLAT BOOK 104 PAGE '94 & 95
PID: 273-011303 l ;(J ~ ,
a• F
eF
e=5o'o1'00"
3.560 Acres : , ~
! ~
LOT 1 ,
o
R=90.00' N w
---------~__, Inst. #200411020252777 j,- L=78.57 , ~'
~,. i ~ C=76,09' ~'
.~
\
i ~
I~ DETAIL >>A„ CB=N56'00'35"W ~e~ ~
~ i ~
! N.T.S
,,
LOT 3
i
~
\ i (~l
I
l
-----------
--------- --- ,ch
it
~I I BurQed~ k Niple
! 6086 Reed Rosd, tlolumbup, Ohio 43220
1 do hereby certify that this plat was based upon gp+r181""'""'~~,. LOT 2
` I
~ (614) 468-2060
'•~
surveys of the premises performed in July, 2006 ~`~~rp~gh 0 ~'
Moron
2007
and upon ovoiloble public records,'~e~r
q~•"•'•~.
oy`' j Surrey for:
A
,
,
N
,
;
'~ $ L
ITY OF DUBLIN
used in this description ore based on Ohio StQte
Plone~~j~ •, ~ ~ AVERY PLACE
Coordinates, SouthZone, NAD1983 (1986 adjus~m~f), ond~ ; o "s PLAT BOOK 104 PAGE 94 & 95 SURVEY OF 0.042 ACRES
are for the determination of angles only. ~OQS~fd
' FROM
}* ';F ~~ ~o ~
~' AVERY SHOPS, LLC
~ +~~'~-- /~ (~~~ ~-~ ;,~' '. ~ ~ s ~ Ea o ~ :~
` 7 ~
` 6695 AVERY MUIRFIELD RD
A
U •~'
~ E ~
~,`` E.J.G. ~yA.D. 03-09-07
Wolter Allen Dodson PS 6446, Ohio
'~~,,~~
~~'
i,,,,ti„ ~~~'' Scole: 1'-100 35373