HomeMy WebLinkAboutResolution 51-13RECORD OF RESOLUTIONS
S1 -13
R e so lution No. _ Pame f —
A RESOLUTION OF INTENT TO APPROPRIATE A 0.300 ACRES,
MORE OR LESS, FEE SIMPLE INTEREST WITH A 0.234 ACRES,
MORE OR LESS, ENCUMBERED AS PRESENT ROAD OCCUPIED
FROM THE THOMAS FAMILY LIMITED PARTNERSHIP
WHEREAS, the City of Dublin is preparing to construct the Emerald Parkway Phase 8
roadway improvement project; and
WHEREAS, the Thomas Family Limited Partnership owns property located at the
northeast comer of Tuller Road and Riverside Drive with a parcel number of 273-
008247; and
WHEREAS, this roadway project will require the City of Dublin to obtain a fee simple
interest from the Thomas Family Limited Partnership, as described in the legal
description attached as Exhibit "A" and depicted in the survey attached as Exhibit "B,"
said property interest located in the City of Dublin, County of Franklin, State of 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 the Emerald Parkway Phase 8 roadway improvement
project, a 0.300 acre fee simple interest with 0.234 acres encumbered by Present
Road Occupied, as described in the attached Exhibit "A" and depicted in the attached
Exhibit "B" from the Thomas Family Limited Partnership.
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 property described in Exhibit "A," and this
notice shall be served according to law.
Section 3. This Resolution shall take effect and be in force upon passage in
accordance with Section 4.04(a) of the Revised Charter.
Passed this O rfk day of 2013.
Mayor - Pr i ng Officer
ATTEST:
Clerk of Council
B VVn� C Is
nnoxx Ers
MEMORANDUM
TO Dublin City Council
Marsha I. Grigsby, City Manager
Dana McDaniel, Director of Economic Development
Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
FROM Stephen J. Smith, Law Director
Philip K. Hartmann
DATE: September 5, 2013
RE: Resolution Nos. 50 -13 and 51 -13
Emerald Parkway Phase 8 Project
Thomas Family Limited Partnership. — Parcel Nos. 273 - 009067 & 273 - 008247
PROJECT BACKGROUND:
The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway
improvement project (the 'Project"). The City must obtain property interests from various
landowners located within the City in order to construct this Project. The City presented good
faith offers to each of these landowners in accordance with the Ohio Revised Code.
One of the landowners that the City must obtain property interests from in order to construct the
Project is the Thomas Family Limited Partnership ("Thomas") (See Map, Attachment A). After
engaging in negotiations. with Thomas, it appears that the City may need to appropriate the
needed property from Thomas. While the City remains hopeful that an amicable resolution can
be reached with Thomas, these Resolutions represents the next step in the appropriation process.
ACQUISITION INTRODUCTION:
This memorandum discusses the attached Resolutions for the Thomas acquisition: 1) Parcel No.
273 - 009067 (Resolution 50 -13) - a 1.836 acre fee simple interest, a 0.673 acre utility easement,
and a 0.088 acre temporary construction easement in and to the premises located in Washington
Township, Franklin County, east of Riverside Drive and North of I -270; and 2) Parcel No. 273-
008247 (Resolution 51 -13) - a 0.300 acre fee simple interest with 0.234 acres encumbered by
Present Road Occupied in and to the premises located in Washington Township, Franklin
County, east of Riverside Drive and South of I -270.
ACTION TAKEN IN THIS CASE:
Since 2010, the City and the Law Department have been in contact with the landowner to inform
them of the upcoming construction and effect of the Emerald Parkway extension to the property.
Appraisals for these properties are complete. The City has been in negotiations for the
acquisition with the landowner. This negotiation will continue to take place after passage of this
resolution. This resolution indicates the City's intent to appropriate the above land. This
Memo re. Res. 50 -13 and 51 -13 — Thomas Family Limited Partnership
September 5, 2013
Page 2
resolution merely initiates the eminent domain process and further legislation is necessary to
begin acquisition of the land.
If an agreement is reached, then the Law Department will prepare an ordinance authorizing the
City Manager to enter into a real estate purchase contract with the landowner. If an agreement
cannot be reached, the Law Department will proceed with preparing an ordinance for
presentation at an upcoming City Council meeting regarding litigation.
RECOMMENDATION:
The Law Department recommends approval of Resolutions 50 -13 and 51 -13.
Memo re. Res. 50 -13 and 51 -13 - Thomas Family Limited Partnership
September 5, 2013
Page 3
ME1e LO ?AWAY_ —�
27 3 273 = 008247
1 .
ate,'
v 7ULLER ROAD
DRAWN CHECKED DATE: JOB N0.
MSS 1 09/04/13 07 -008
ATTACHMENT A
EMERALD PARKWAY
Cityof Dublin
PHASE 8
THOMAS FAMILY LP
saga abler MW bad . wnau ON. 4cme -1=
DUBLIN, OHIO 43017
RM (614)410 -4eao . eu (614)"14W
LEGEND
RIGHT -OF -WAY
■ PROPOSED
2 -WD: 0.300 Ac.
4-WD: 1.836 Ac.
PERMANENT
❑ PROPOSED
EASEMENT
4 -U: 0.673 Ac.
TEMPORARY
■ PROPOSED
EASEMENT
4 -T: 0.088 Ac.
ME1e LO ?AWAY_ —�
27 3 273 = 008247
1 .
ate,'
v 7ULLER ROAD
DRAWN CHECKED DATE: JOB N0.
MSS 1 09/04/13 07 -008
EXMIT A Page I of I
PARCEL THOMAS FAMILY LP 2 -WD
Emerald Pukway
Veraioo Date 003-06 -08
CITY OF DUBLIN ,—
RIGHT OF WAY ACQUISITION
FROM
THOMAS FAMILY LP
Situated in the City of Dublin, County of Franklin, State of Ohio in the Township of Perry, in
Quarter Township 2, Township 2 North, Range 19 West, United States Military Lands, and being
a part of a 4.058 acre (Auditor's area, originally 61.294 acres total) tract of land conveyed to The
Thomas Family Limited Partnership by a deed of record in Official Record 17716F15 at the
Franklin County Recorder's Office.
Beginning, for reference, at a PK nail set in Riverside Drive at a corner of said 4.058 acre tract
on the centerline of Tuller Road, also being the southwest corner of a 1.000 acre tract of land
conveyed to BVH Associates LLC, as recorded and described in Instrument 199710080114699,
and the TRUE POINT OF BEGINNING;
Thence N 86°24 W a distance of 29.69 feet along the extension of the centerline of Tuller
Road and the southerly line of said 4.058 acre tract to the existing westerly right of way line of
Riverside Drive (S.R. 257) and an iron pin set;
Thence N 9 E a distance of 243.05 feet along the westerly right of way of Riverside
Drive to an iron pin set in the southerly Limited Access (LA) line of I -270 as shown on plans
FRA- 270 -7.47N on file with the Ohio Department of Transportation;
Thence S 82 ° 56 1 49" E a distance of 106.13 feet (passing the existing easterly right of way of
Riverside Drive at 80.07 feet) along the southerly LA line of I -270 to an iron pin set;
Thence N 79 E a distance of 25.46 feet continuing along the southerly LA line of I -270
to an iron pin set;
Thence S 9 W a distance of 61.84 feet across the grantors had to an iron pin set in the
northerly line of a 1.000 acre tract of land conveyed to BVH Associates, as recorded and
described in Instrument 199710080114699, of the Franklin County Recorder's Office;
Thence N 86 W a distance of 100.22 feet along the northerly line of said 1.000 acre tract
of land conveyed to BVH Associates (passing the existing easterly right of way of Riverside
Drive at 50.26 feet) to the westerly line of the same said 1.000 acre tract to a PK nail set;
Thence S 9 W a distance of 181.01 feet along the westerly line of said 1.000 acre tract of
land conveyed to BVH Associates to the centerline of right of way of Tuller Rd and the TRUE
POINT OF BEGINNINNG.
The above described area contains 0.300 Acres within the Franklin County Auditor's Parcel
Number 273 - 008247, of which 0.234 acres is within the present road occupied of Riverside
Drive.
Grantor claims title by Official Record 1771015 in the records of Franklin County, Ohio. Iron
pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple ". A
drawing of this description is attached hereto and made a part hereof.
This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,
and was based upon actual surveys of the premises performed in October, 2007, through January,
2008, 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 thee,gggerli of Tuller Rd being N 86 "W as shown
} a r Ft • F... 0
g Walter A. Dodson, P.S. 6446, Ohio
• p ? ' Burgess & Niple, Inc.
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