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HomeMy WebLinkAboutOrdinance 006-14RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No. 30043 � Ordinance No. 06 -14 Passed .20 AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 0.34 ACRES, MORE OR LESS, FEE SIMPLE INTEREST OF WHICH 0.116 ACRES, MORE OR LESS, IS PRESENT ROAD OCCUPIED FROM JEN -JOSH LLC, LOCATED AT 6694 RIVERSIDE DRIVE, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin ("Dublin" or "City'l will be relocating Riverside Drive to the east of its current location, between Dublin- Granville Road and Tuller Road (The "Project'j; and WHEREAS, Jen -Josh LLC owns property with the commonly known address of 6694 Riverside Drive, parcel number 273 - 008245; and WHEREAS, the City needs to acquire the entire 0.34 acre parcel for the Project; and WHEREAS, 0.116 acres of the 0.34 acres is Present Road Occupied; and WHEREAS, this Project will require the City of Dublin to obtain a fee simple interest from Jen -Josh LLC, as described in the legal descriptions attached as Exhibit "A," said property interests located in the City of Dublin, County of Franklin, State of Ohio. NOW, THEREFORE, BE IT ORDAINED 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 authorization to appropriate, for the purpose of relocating Riverside Drive to the east of its current location, between Dublin- Granville Road and Tuller Road, a 0.34 acre fee simple interest described in the attached Exhibit "A" from Jen -Josh LLC. Section 2. The Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this day of Lx_a 2014. or — Presiding Officer ATTEST: Clerk of Council A Fros &F oddulc rov� ATTORNEYS MEMORANDUM TO: Dublin City Council Marsha I. Grigsby, City Manager Dana L. McDaniel, Director of Economic Development FROM: Terry D. Foegler, Director of Strategic Initiatives /Special Projects Philip K. Hartmann, Assistant Law Director DATE: January 9, 2014 RE: Ordinance No. 06 -14 Relocation of Riverside Drive Jen -Josh LLC PROJECT BACKGROUND: The City of Dublin ( "City ") is preparing to construct and relocate Riverside Drive north of Dublin - Granville Road and south of Tuller Road (the "Project "). The City must obtain property interests from various landowners located within the City in order to construct this Project. The Project is included in the City's 2014 -2018 Capital Improvements Program. One of the landowners that the City must obtain property from for the construction of the Project is Jen -Josh LLC ( "Jen- Josh "). The property address is 6694 Riverside Drive, Dublin, OH 43017 and includes a single - family dwelling, currently being rented. This acquisition is in addition to the City's purchase of 13.28 acres of right -of -way from Invictus and Tuller Henderson in December of 2012 (AKA Bash Driving Range and Digger and Finch Restaurant) and 5.12 acres of needed right -of -way from Crawford Hoying (AKA Bridge Pointe Shopping Center) in 2013. The City is hopeful that an amicable resolution can be reached with the Grantor. This Ordinance is a follow -up to Resolution No. 62 -13, approved by Council on October 14, 2013 and related to this same property. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements to appropriate the property. The next step in the appropriation process is to pass an Ordinance (No. 06 -14) authorizing the Law Department to pursue an eminent domain action in the Franklin County Court of Common Pleas if, through good faith negotiations, the City cannot settle with the Jen -Josh representatives. The City is hopeful that an amicable settlement can be reached with Jen -Josh representatives. Frost Brown Todd LLC Memo re. Ord. 06 -14 — Appropriation - Jen -Josh LLC January 9, 2014 Page Two APPROPRIATION INTRODUCTION: The City will be acquiring from Jen -Josh a fee simple interest in the property located within Franklin County Parcel No. 273 - 008245, as depicted in the map attached to this memorandum. This is a total take of the parcel, consisting of 0.34 gross acres, more or less, with 0.116 acres more or less consisting of Present Road Occupied, leaving a net 0.224 f acres, more or less. The City hired the Robert Weiler Company to appraise the property. The acquisition and appraisal are detailed below: PROPERTY TO BE APPROPRIATED: The appropriation consists of the following property interests, as depicted in the map attached hereto: Franklin County Parcel No. 273 - 0008245 Property Interest Acreage Fee Simple Interest 0.34 f gross acres (0.224 net acres Present Road Occupied 0.116 f acres Total Appraised Value $120,001 RECOMMENDATION: City staff and the Law Department recommend approval of Ordinance No. 06 -14 at the second reading/public hearing on January 27, 2014. EXHIBIT "A" Situated in the County of Franklin, State of Ohio, and in the City of Dublin, and being further described as follows: Being part of Lot Number Six (6) as set off and assigned to Emma Brown, deceased, as a part of the estate of James Brown as shown in Complete Record 102, page 97, said parcel being situated in the third quarter of the second township, range 19, united States Military Land, and being more particularly described as follows: Beginning at a point in the center of East Riverside Drive, where the north of Basil J. Brown's 49.81 tract (as shown of the record in Deed Book 460, page 319, Franklin County, Recorder's office) intersects said center line of Riverside Drive; thence with said north line easterly 234.07 feet to an iron pipe in said line (passing an iron pipe at 50 feet); thence southerly and parallel to said center line of Riverside Drive 29.9 feet to an iron pipe; thence westerly on a line which is 90 deg. to Riverside Drive 225 feet to the center of said drive (passing an iron pipe at 175 feet); thence with the center line of said Riverside Drive northerly 102.83 feet to the place of beginning and containing 34/100 acres, more or less, excepting from the above described tract a strip of ground 8 feet wide off the east end thereof to be used for alley purposes in the future. aty� 0 Aka: 6694 Riverside Drive VBrf'r�d Parcel Number: 273 - 008245 ( (N3,Rrgu�,t?E,� Ft:��. "rR GXtRty M Claren E. Mingo, 11 Franki1, Cou nty Auditor Property Report l rafttirte Qrt iotr of z� ;:srF�a. Parcel ID Map Routing No Card No Location 273 -008245 -00 273 -0069A -001 -00 1 6694 RIVERSIDE DR GIS i 1 5 i rn O ti p 64.65 ti �t i 1 i i �i 103. Disclaimer This drawing is prepared for the real property inventory within this county. It is compiled from recorded deeds, survey plats, and other public records and data. Users of this drawing are notified that the public primary information source should be consulted for verification of the information contained on this drawing. The county and the mapping companies assume no legal responsibilities for the information contained on this drawing. Please notify the Franklin County GIS Division of any discrep The information on this web site is prepared for the real property inventory within this county. User: of this data are notified that the public primary information source should be consulted for verification of the information contained on this site. The county and vendors assume no legal responsibilities for the information contained on this site. Please notify the Franklin County Auditor's Real Estate Division of any discrepancies.