28-06 Ordinance RECORD OF ORDINANCES
Dayton Legxl Blank, Inc. Form No. 30043
Orclinan~ce No. 28-~~ Passed 2~
AN ORDINANCE AUTHORIZING THE PURCHASE OF A
1.275 ACRE, MORE OR LESS, FEE SIMPLE INTEREST,
AND A 0.058 ACRE, MORE OR LESS, PERMANENT
UTILITY EASEMENT, FROM ROBERT G. EICKHOLT,
JANE M. EICKHOLT AND DAVID EICKHOLT, LOCATED
SOUTH OF TUTTLE CROSSING BOULEVARD, CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to widen Tuttle Crossing Boulevard
between Wilcox Road and I-270 and improve related traffic circulation; and
WHEREAS, the City desires to enter into an agreement to purchase a 1.275
acre, more or less, fee simple interest, and a 0.058 acre, more or less, utility
easement for road widening purposes for Two Hundred Ninety Six Thousand
Eleven Dollars and 00/100 Cents ($296,011.00); and
WHEREAS, the aforementioned objectives will require the City of Dublin to
obtain a fee simple interest in the 1.275 acre, more or less, fee simple interest,
and a 0.058 acre, more or less, utility easement, in the City of Dublin, Franklin
County, Ohio, as described in the attached Exhibits "A" and "B".
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute a Real Estate
Purchase Agreement and any necessary closing documents related to the
acquisition of the 1.275 acre, more or less, fee simple interest, and a 0.058
acre, more or less, utility easement and paying any related costs.
Section 2. This ordinance is hereby declared to be an emergency
necessary for the immediate preservation of the public health, safety and
welfare. The reason for such necessity is that the prompt widening of Tuttle
Crossing Boulevard between Wilcox Road and I-270 is necessary to
improvement traffic circulation and relieve traffic congestion for the citizens of
Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this day of , 2006.
. .
Mayor -Presiding Officer
ATTEST:
C__.-
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
puty Clerk of Council, Dublin, Ohio
~SCHOTTENSTEIN
ZOX ~c D U N N eo_.E~;,
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: April 24, 2006
RE: Tuttle Crossing Boulevard Widening Project
Ordinance No. 28-06
SUMMARY:
We are beginning the land acquisition process for the widening of Tuttle Crossing
Boulevard between Wilcox Road and I-270, which will affect fifteen (15) landowners.
This project requires the acquisition of right-of-way and permanent utility easement from
Robert G. Eickholt, Jane M. Eickholt and David Eickholt. A drawing of the proposed
right-of-way and permanent utility easement was previously introduced with Resolution
Nos. 20-06 through 23-06 on March 6, 2006. The City and the Eickholts have agreed to
the terms of sale and compensation in the amount of $296,011, the appraised value.
Ordinance No. 28-06 has been submitted to Council for approval of this acquisition.
RECOMMENDATION:
Legal Staff recommends approval of Ordinance No. 28-06.
Columbus
Cleveland
Cincinnati
250 West Street, Columbus, Ohio 43215-2538 ; P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
ATTACHMENT A
PARCEL 18-WD
Being a parcel of land lying on the right side of the centerline of survey of Tuttle
Road, made for the City of Dublin as recorded in Plat Book ~ Page _ of the
records of Franklin County.
Situate in Virginia Military Survey No. 3011 and 3022, City of Dublin, County
of Franklin, State of Ohio, and being part of a 5.54 acre tract as conveyed to
Robert G. Eickholt, Jane M. Eickholt, and David Eickholt by deed of record in
Official Record 13739 J-04 and Official Record 12962 H-i8, and a 14.54 acre
tract as conveyed to Robert G_ Eickholt, Jane M_ Eickholt, and David Eickholt by
deed of record in Official Record 13739 J-04 and Official Record 12962 H-20
(all references to deeds, microfiche, plats, surveys, etc. refer to the records of the
Franklin County Recorder's Office, unless noted otherwise) and being more
particularly bounded and described as follows:
Commencing for reference at a railroad spike found at the centerline intersection
of Hirth Road and Tuttle Road as shown on the centerline of survey plat for Hirth
Road, Washington Twp. Rd. No. 355;
Said found railroad spike is North eighty-four degrees twenty-three minutes
twenty-one seconds East (N 84°23'21 "E) fifteen and 091100 feet 15.09 feet to
FCGS 2213, and is North eighty degrees thirty minutes fifty-one seconds East (N
80°30'51" E) one-thousand one-hundred twenty-seven and 04!100 feet 1,127.04
feet to FCGS 6641;
thence along the centerline of said Tuttle Road South eighty-four degrees twenty-
ftve minutes thirty-four seconds West (S84°25'34"W) for twenty-five and I6/I00
feet (25.16') to the northeast corner of said 5.54 acre tract being the TRITE
POINT OF BEGINNIlVG of the herein described tract;
thence along an east line of said 5.54 acre tract for the following three (3)
courses:
1.) South twelve degrees four minutes forty-nine seconds East
(S i 2°04'49"E) for thirty and 19/ 100 feet (30.19') to an east corner of said
5.54 acre tract;
2.) South eighty-four degrees twenty-seven minutes fifty-five seconds
West (S84°27'55"W) for ten and 07/100 feet (10.07') to an east corner of
said 5.54 acre tract and the intersection of the west right-of--way line of
said Huth Road with the south right-of--way line of said Tuttle Road;
a EXHIBIT
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3.) along the west right-of--way line of said Hirth Road South twelve
degrees four minutes forty-nine seconds East (S 12°04'49"E) for eighty-
- seven and 23/100 feet (87.23 to a point;
thence across said 5.54 acre tract for the following four (4) courses:
1.} North fifty-four degrees thirty-five minutes fifty-eight seconds West
(N54°3S'S8"W) for seventy-three and 71/100 feet (73.71') to a point;
2.) on a curve to the right with a radius of six thousand three hundred
eighteen and 9S/100 feet (6318.95') for an arc distance of one hundred
forty-five and 32/100 feet (145.32'), chord bearing South eighty-three
degrees forty-six minutes two seconds West (S83°46'02"W) for one
hundred forty-five and 31/100 feet (145.31'), delta angle of said curve
being one degree nineteen minutes four seconds (1 ° 19`04") to a point;
3.) South eighty-four degrees twenty-five minutes thirty-four seconds
West (S84°25'34"W) for fifty and 00/100 feet (50.00') to a point;
4.) South eighty-five degrees forty-one minutes fifty-seven seconds
West (SSS°41'57"W) for one hundred eighty and 04/100 feet (180.04') to
a point;
thence across said S.S4 acre tract and said 14.54 acre tract South eighty-four
degrees twenty-five minutes thirty-four seconds West {S84°25'34"W) for three
hundred seventy-seven and 72/100 feet (377.72') to a point in the west line of
said i4.S4 acre tract and the east line of a 1.000 acre tract as conveyed to Russell
Duemmel and Carot Leah Duemmel by deed of record in Deed Book 2901, Page
329;
thence along the west Line of said 14.54 acre tract and the east line of said .1.000
acre tract North seven degrees fifty-seven minutes forty-seven seconds West
(N07°5747"W) for sixty-six and 06!100 feet (66.06') to the northwest comer of
said 14.54 acre tract and the northeast corner of said 1.000 acre tract also being in
the centerline of said Tuttle Road;
thence along the north tine of said 14.54 acre tract, the north line of said 5.54
acre tract and the centerline of said Tuttle Road North eighty-four degrees
twenty-five minutes thirty-four seconds East (N84°25'34"E) for eight hundred
eight and 18/100 feet (808.18') (passing the east line of said 14.54 acre tract and
the west line of said S.S4 acre tract at two hundred seventy-eight and 11%100 feet
(278.11')) to the TRUE POINT OF BEGINNING, containing one and
275/1000 (1.274) acres, more or less, subject however to all covenants,
conditions, restrictions, reservations, rights-of--way, and easements contained in
any instrument of record pertaining to the above described tract of land_
It is understood that the above described tract contains 0.850 of an acre, more or
less including the present road, which occupies 0.365 of an acre, more or less out
of Parcel No. 273-005466-00, and 0.425 of an acre, more or less including the
present road, which occupies 0.192 of an acre, more or less out of Parcel No_
273-005397-00, for a total of 1.275 acres, more or less, including the present
road, which occupies a total of 0.557 acre.
The Franklin County Auditor's Office carries the affected tracts as a 14.54 acre
tract with Parcel No. 273-005397-00, and a 5.31 acre tract with Parcel No. 273-
005466-00.
This description was prepared from a field survey performed by Woolpert, Inc. in
January, 2002, with bearings based upon the Ohio State Plane Coordinate
System, South Zone, North American Datum of 1983 {1986), holding FCGS
2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five
minutes thirty-four seconds East (N84°25'34"E).
The Grantor claims title by instrument of record in Official Record 13739 J-04,
Official Record 12962 H-18, and Offcial Record 12962 H-20, Recorder's p~11~"L
Office, Franklin County, Ohio.
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* %°STEVEN °°a 6~-~ ~ f ~a~3~ 5~6 ~
WAYNE
Steven W. Newell ~ NEWELL • ~ ; ~aS ~~~t 5
5-7214 ~~o S S~-~ ~ ~ ~ 53 9 7
Ohio Professional Surveyor #72~~~ RF~,sTEa~° J~ a73~
SAO S~~ O wr C
NA t_
DESCRLPTt~N V'ERI~Q
DEAN C. EUNGLE. P.E..P_S.
sr: G~
DATE: K a bS
ATTACHMENT A
PARCEL 18-UV
Being a parcel of land lying on the right side of the centerline of survey of Tuttle
Road, made for the City of Dublin as recorded in Plat Book Page _ of the
records of Franklin County.
Situate in Virginia Military Survey No. 3011 and 3022, City of Dublin, County
of Franklin, State of Ohio, and being an utility easement over a 14.54 acre tract
as conveyed to Robert G. Eickholt, Jane M. Eickholt, and David Eickholt by
deed of record in Official Record 13739 J-04 and Official Record 12962 H-20,
and over a 5.54 acre tract as conveyed to Robert G. Eickholt, Jane M. Eickholt,
and David Eickholt by deed of record in Official Record 13739 J-04 and Official
Record 12962 H-18 {ail references to deeds, microfiche, plats, surveys, etc. refer
to the records of the Franklin County Recorder's Office, unless noted otherwise)
and described as follows:
Commencing for reference at the northwest corner of said 14.54 acre tract also
being in the centerline of Tuttle Road (Tuttle Road Sta. 26+09.78, 0.00 feet left);
thence along the west ?ine of said 14.54 acre tract South seven degrees fifty-
seven minutes forty-seven seconds East (507°57'47"E) for sixty-six and 06/100
feet (66.06') being the TRUE POINT OF BEGINNING (Tuttle Road Sta.
26+12.53, 66.00 fee[ right) of the herein described easement;
thence across said 14.54 acre tract and said 5.54 acre tract North eighty-four
degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for three
hundred seventy-seven and 72/100 feet (377.72') to a point (Tuttle Road Sta.
29+90.25, 66.00 feet rightxpassing the east line of said 14.54 acre tract and the
west line of said 5.54 acre tract at two hundred eighty-two and 89/100 feet
(282.89'
thence across said 5.54 acre tract for the following seven (7) courses:
1.) North eighty-five degrees forty-one minutes fifty-seven seconds East
(N85°41'57"E) for one hundred eighty and 04/100 feet (180.04') to a
point (Tuttle Road Sta. 31+70.25, 70.00 feet right);
2.) North eighty-four degrees twenty-five minutes thirty-four seconds
East (N84°25'34"E) for fifty and 00/100 feet (50.00') to a paint (Tuttle
Road Sta. 32+20.25, 70.00 feet right);
3.) on a curve to the left with a radius of six thousand three hundred
eighteen and 95/100 feet (6318.95') for an arc distance of one hundred
EXHIBIT
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forty-five and 32/100 feet (145.32'), chord bearing North eighty-three
degrees forty-six minutes two seconds East (N83°46'02"E) for one
hundred forty-five and 31/i00 feet (145.31'), delta angle of said curve
being one degree nineteen minutes four seconds (1 ° 19'04") io a point
(Tuttle Road Sta. 33+64.20, 69.54 feet right);
4.) South fifty-four degrees thirty-five minutes fifty-eight seconds East
(S54°35'58"E) for twenty-nine and 67/100 feet (29.67') to a point (Tuttle
Road Sta. 33+85.90, 89.46 feet right);
5.) on a curve to the right with a radius of six thousand three hundred
thirty-eight and 951100 feet (6338.95') for an arc distance of one hundred
sixty-seven and 72/100 fee[ (167.72'), chord bearing South eighty-three
degrees forty minutes five seconds West (S83°40'05"W) for one hundred
sixty-seven and 72/100 feet (167.72'}, delta angle of said curve being one
degree thirty nunutes fifty-eight seconds (1 °30'58") [o a point (Tuttle
Road Sta. 32+20.25, 90.00 feet right);
6.) South eighty-four degrees twenty-five minutes thirty-four seconds
West (S84°25'34"W) for fifty and 22/100 feet (50.22') to a point (Tuttle
Road Sta. 31+70.03, 90.00 feet right);
7.) South eighty-five degrees forty-one minutes fifty-seven seconds
West (S85°41'57"W} for one hundred eighty and 04/100 feet (180.04') to
a point (Tuttle Road Sta. 29+90.02, 86.00 feet right);
thence across said 5.54 acre tract and said 14.54 acre tract South eighty-four
degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for three
hundred seventy-six and 66/100 feet (376.66') to a point in the west line of said
14.54 acre tract (Tuttle Road Sta. 26+13.36, 86.00 feet right)(passing the west
line of said 5.54 acre tract and the east line of said 14.54 acre tract at ninety-two
and 33/ 100 feet (92.33'));
thence along the west line of said 14.54 acre tract North seven degrees fifty-
seven minutes forty-seven seconds West (N07°57`47"W) for twenty and 02/100
feet (20.02') to the TRUE POINT OF BEGINNING, containing zero and
351/IOOd (0.351} acres, more or less, subject however to all covenants,
conditions, restrictions, reservations, rights-of-way, and easements contained in
any instrument of record pertaining to the above described tract of land.
It is understood that the above described tract contains 0.351 of an acre, more or
less including the present road, which occupies 0.000 of an acre, more or less.
The Franklin County Auditor's Office carries the affected tract as a 14.54 acre
tract with Parcel No. 273-005397-00 and as a 5.31 acre tract with Parcel No. 273-
005456-00.
This description was prepared from a field survey performed by Woolpert, Inc. in
January, 2002, with bearings based upon the Ohio State Plane Coordinate
• System, South Zone, North American Datum of 1983 (1986), holding FCGS
2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five
minutes thirty-four seconds East (N84°25'34"E}.
The Grantor claims title by instrument of record in Official Record 13739 J-04,
Official Record 12962 H-18, and ()f~ci~l~~~brd 12962 H-20, Recorder's
Office, Franklin County, Ohio;.~.~p-~t~,~ /p
%~STEVEN
oolpert, 'k i WAYNE
t NEV~/ELL
.-o
5-7414 0
Steven W. Newell F3, 9F ~ tE ~ ':r
Ohio Professional Surveyor #7212'~S,ONA ~'gJ