HomeMy WebLinkAboutOrdinance 80-13lc 4 ity of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: September 19, 2013
Memo
Initiated By: Dana L. McDaniel, Deputy City Manager /Director of Economic Development
Re: Ordinance Nos. 79 -13 and 80 -13 - Emerald Parkway Phase 8 Project
Thomas Family Limited Partnership — Parcel Nos. 273 - 009067 and 273 - 008247
Background
The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway
improvement project (the "Project "). The City must obtain properly 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's (see map, Attachment `W). After
engaging in negotiations with the Thomas family, it appears that the City may need to appropriate
the needed property from them. These ordinances represent the next step in the appropriation
process, should an amicable resolution not be achieved.
Appropriation Introduction
This memorandum discusses the attached Ordinances for the Thomas acquisition (see Attachment
"A "/ Map):
1) Parcel No. 273 - 009067 (Ord. No. 79 -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
within Franklin County, east of Riverside Drive and North of I -270, and
2) Parcel No. 273 - 008247 (Ord. No. 80 -13) - a 0.300 acre fee simple interest with 0.234 acres
encumbered by Present Road Occupied in and to the premises located in Franklin County, east of
Riverside Drive and South of I -270.
Property to be Appropriated
The appropriation consists of the following property interest, as depicted in the map attached
hereto:
Parcel No. 273 - 009067
Property Interest
Acreage
Appraised Cost
Fee Simple Interest
1.836 +/- acres
$183,600
Utility Easement
0.673 +/- acres
$33,650
Temporary Construction
Easement
0.088 +/- acres
$1,300
Total Appraised Cost
$218,550
Memo re. Ord. 79 -13 and 80 -13
September 19, 2013
Page 2 of 3
Parcel No. 273 - 008247
Property Interest
Acreage
Appraised Cost
Fee Simple Interest
0.300 +/- acres
$9,899
Present Road Occupied
0.234 acres +/-
$1
Total Appraised Cost
$9,900
Grand Total Appraised Costs
$228,450
Recommendation
Staff recommends approval of Ordinances No. 79 -13 and 80 -13 at the second reading /public
hearing on October 14 as obtaining this property interest is necessary for the furtherance of the
Emerald Parkway Phase 8 roadway improvement project. Staff will continue to negotiate in good
faith with the Thomas family on a mutually agreeable price in order to avoid future litigation.
Please address any questions to Dana McDaniel.
(Attachment)
Memo re. Ord 79 13 aN 8P 13
September 19, 2013
Page 3 of 3
ATTACHMENT A
EMERALD PARKWAY
CilyofDublin PHASE 8
THOMAS FAMILY LP
w m+i • . aee mo-�ae DUBLIN, OHIO 43017
LEGEND
■ PROPOSED RIGHT -OFWAY
2 -WD: 0.300Ac.
0.WD: 1.836AC.
❑ PROPOSED PERMANENT
EASEMENT
0.U: 0.673 AC.
. PROPOSED TEMPORARY
EASEMENT
0.T: 0.086 Ac.
dinance No.
Form No. 30043
20
80 -13
Passed
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF
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
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
WHEREAS, the City of Dublin is preparing to construct the Emerald Parkway Phase
8 roadway improvement project; and
WHEREAS, Thomas Family Limited Partnership owns property located at the
Northeast corner 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; and
WHEREAS, representatives of the City of Dublin have attempted to partake in good
faith negotiations with the landowner, but these negotiations have been unsuccessful
thus far.
NOW, THE REFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, C o e of the elected members concurring that:
Section 1. Council hereby authorizes the City 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 . Council hereby fixes the value of the interests to be appropriated at
Nine Thousand Nine Hundred Dollars ($9,900).
Section 3. Council finds that the appropriation is necessary for the stated purpose
and that the City has been unable to agree with the owner of the property as to
appropriate compensation.
Section 4. The City Law Director is hereby authorized to file a petition for
appropriation in the Franklin County Court of Common Pleas should it become
necessary.
Section S. This ordinance shall be effective upon the earliest date permitted by
law.
Passed this day of C1 &'Obc-s 2013.
/"1'44 z i ."t'
Mayor -Pr i ing Officer
ATTEST:
Clerk of Council
Err A Page 1 of I
PARCEL THOMAS FAMILY LP 2 -WD
Emaald Parkway
Vasion Date 003-06 -08
CITY OF DUBLIN c� ,.@ P1 RIGHT OF WAY AC UISITION (�( J �
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 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 0 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 tract 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 ° 24 1 49" W a distance of 100.22 feet along the northerly l 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 BEGINNING.
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 177161 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, NAD 1983 (1986 adjustment), and are for the
determination of angles only, with the,ggpterline of Tuller Rd being N 86 "W as shown.
A ; Walter A. Dodson, P.S. 6446, Ohio
§ • �o • ; Burgess & Niple, Inc.
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