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46-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank. Inc. Form No. 30043 46-06 Ordinance No. Passed , 20 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 0.063 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.094 ACRE, MORE OR LESS, UTILITY EASEMENT, FROM WILCOX-TUTTLE LIMITED PARTNERSHIP, LOCATED SOUTH OF TUTTLE CROSSING BOULEVARD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND t, 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 0.063 acre, more or less, fee simple interest, and a 0.094 acre, more or less, utility easement for road widening purposes for Fifteen Thousand Six Hundred Ninety-Five Dollars and 00/100 Cents ($15,695.00); and WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee simple interest in the 0.063 acre, more or less, fee simple interest, and a 0.094 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 0.063 acre, more or less, fee simple interest, and a 0.094 acre, more or less, utility easement and pay 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 effect immediately upon passage. Passed this / day of , 2006. Mayor -Presiding Officer ATTEST: ~ 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. uty Clerk of Council, Dublin, Ohio ~~SCHOTTENSTEIN ZOX $c D U N N ~a..~PA MEMORANDUM TO: Dublin City Council Jane S. Brautigam FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: July 17, 2006 RE: Tuttle Crossing Boulevard Widening Project Ordinance No. ~-/(1 -06 SUMMARY: We are beginning the land acquisition process for the widening of Tuttle Crossing Blvd. 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 Wilcox-Tuttle Limited Partnership. A drawing of the proposed right-of--way and permanent utility easement is attached hereto for your reference. The City and Wilcox-Tuttle Limited Partnership have agreed to the terms of sale and compensation in the amount of $15,695.00. Ordinance No. 46-06 has been submitted to Council for approval of this acquisition RECOMMENDATION: Legal Staff recommends approval of Ordinance No 46-06. www.SZl~.con~ Columbus Cleveland Cincinnati {H0705891.1 } 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 2-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. 3004, City of Dublin, County of Franklin, State of Ohio, and being part of a 51.387 acre tract as conveyed to Wilcox-Tuttle Limited Partnership by deed of record in Official Record 14758 H-17 (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 raikoad spike found in the east line of Virginia Military Survey No. 3004 and the west line of Virginia Military survey No. 3011, also being the centerline intersection of Tuttle Road and Old Wilcox Road as shown in Plat Book 75, Page 45-46; Said found railroad spike is North eighty-four degrees twenty-five minutes thirty- four seconds East (N 84°25'34"E) two-thousand twenty nine and 91/100 feet 2,029.91 feet to FCGS 2213, and is North eighty three degrees one minutes twenty-three seconds East (N 83°01'23" E) three-thousand one-hundred forty and 17/100 feet 3,140.17 feet to FCGS 6641; thence South five degrees thirty-four minutes thirty-three seconds East . (SOS°34'33'~E) for sixty-nin? and 0~/100 feet {69.00') to-.the TRUE PO)(NT OF . , , . l3EGII~TNING; thence along the east line of said 51.387 acre tract and continuing along the west line of said 0.9937 acre tract, the east line of Virginia Military Survey No. 3004, the west line of Virginia Military Survey No. 3011, and the centerline of said Old Wilcox Road South five degrees thirty-four minutes thirty-three seconds East (SOS°34'33"E) for fifty and 00/100 feet (50.00') to a point; thence across said 51.387 acre tract South eighty-four degrees twenty-five minutes twenty-seven seconds West (S84°25'27"W) for thirty and 00/100 feet (30.00') to a point in the west right-of--way line of said Old Wilcox Road; thence continuing across said 51.387 acre tract North fifty degrees thirty-four minutes thirty seconds West (N50°34'30"W) for seventy and 71/100.feet (70.71') to a point in the north line of said 51.387 acre tract and the south right-of--way line of said Tuttle Road also being the south line of a 0.270 acre tract a conveyed to The City of Dublin in instrument # 200002110029231; thence along the north line of said 51.387 acre tract and the south right-of--way line of said Tuttle Road and said 0.270 acre tract North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for eighty and 00/100 feet (80.00 to the TRUE POINT OF BEGINNING, containing zero and 063/1000 (0.063) 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 0.063 of an acre, more or less including the present road, which occupies 0.034 of an acre, more or ~~css. The Franklin County Auditor's Office carries the affected tract as a 16.97 acre tract with Parcel No. 273-005403-00. This description was prepazed 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 14758 H-17, Recorder's Office, Franklin County, Ohio. W olpert, I c •••~E OF p STEVEN~L - ~ " -C ~ . VN~YN E ~ ,k - Steven JV. Neweli = NEVNELL = = ~i°L~ j OhioProfessiona] Surveyor#72f2j° 0 5-7414 ~ o D. oF3 ' NA L fig" X03 DaAiv C. Rixc 'V`ERIFIED 1..E, P.E.f'.S. aY: t DATE: l~dj m Ct ATTACHMENT A PARCEL 2-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. 3004, City of Dublin, County of Franklin, State of Ohio, and being an utility easement over a S1.3R7 acre tract of lane' ~s conveyed to Wilcox-Tuttle Limited Partnership by deed of record in Official Record 14758 H-I7 (all 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: Beginning at the northwest comer of said 51.387 acre tract also being the intersection of the south right-of-way line of Tuttle Road and the east right-of- way line of Wilcox Road as recorded in Plat Book 75, Page 45-46 (Tuttle Road Sta. 10+90.00, 69.00 feet right); thence along the north line of said 51.387 acre tract and the south right-of-way line of said Tuttle Road North eighty-four degrees twenty-five minutes thirty- four seconds East (N84°25'34"E) for two hundred fifty-eight and 31/100 feet (258.31') to a point (Tuttle Road Sta. 13+48.31, 69.00 feet right); thence across said 51.387 acre tract South fifty degrees thirty-four minutes thirty seconds East (S50°34'30"E) for twenty-one and 21!100 feet (21.21') (Tuttle Road Sea.: 13+63.31..$4...00-feet right); thence continuing across said 51.387 acre tract South eighty-four degrees twenty- five rninutes thirty-four seconds West (S84°25'34"W) for two hundred eighty- eight and 31/100 feet (288.31') to a point in the east right-of-way line of said Wilcox Road and a west line of said 51.387 acre tract(Tuttle Road Sta. 10+75.00, 84.00 feet right); thence along the east right-of--way line of said Wilcox Road and a west line of said 51.387 acre tract North thirty-nine degrees twenty-five minutes twenty-three seconds East (N39°25'23"E) for twenty-one and 21/100 feet (21.21') to the POINT OF BEGINNING, containing zero and 094/1000 (0.094) 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 0.094 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 Off ce carries the affected tract as a 16.97 acre tract with Parcel No. 273-005403-00. 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 Gi:anior ~ciaimc t?.tle by instrument of record in Official Recoid 1478 II-Y7; Recorder's Office, Franklin County, Ohio. '~~P E OF 0 ~O W olpert, Inc. ,~•`y~ ~ k STEVEN WAme Steven W. Newell = ~ O ' S-7Q'14 ~ r Ohio Professional Surveyor #7212 ~F ~ E ••'•os BONA l~s~ CITY OF DUBLIN R TnT EXHIBIT PREPARED BY THE CITY OF DUBLIN, 1 ~ / ° ° AND E AS E M E N T ENGINEERING TUTTLE CROSSING BLVD. DUBLIN, OH. 5800 Shier Rings Road • Dublin, Ohio 43016-1236 Phone (614)410-4600 ~ Fax (614)761-6506 UNITED DAIRY FARMERS, INC. g INST. # 200002110029232 ~a 2. ~60 ACRE ~ (D~ED/), EX. 1' GTY OF DUBLIN 2.16 ACRES (AUDITOR) > WATER EASEMENT W INST. / 199903760064924 O __J _.__1__.__ PROP. ASPHALT BIKE PATH 16~ W GRASS PROP. CURB/GUTTER PROP.CUR GUTTER ~ EZ CORB/QTiTER- _ . TUTTLE CROSSING BLVD. U PROPOSED I D E% CURB/GUTTER E%CURB/CUTTER ,F' 6,G ~ / _ Y PROP. CURB/GUTTER PROP.CURB/GUTTER GRA55 EX. 20' COLUMBIA GAS INST. /199902160036902 PROP. C C. WALK PROP. CONC. W CRA55 E%. 30' CITY OF DUBLIN UTILITY EASEMENT I, _ _ INST. /200005110092834 _ _ U O WILCOX-TUTTLE LIMITED PARTNERSHIP I~ OR 14758 H-17 ~ I 273-005403-00 ',g 51.387 ACRES (DEED)) W 16.97 ACRES (AUD170k) ii = J ~ NET=16.686 > ~ TBA=0.063 > ~ NOT TO SCALE J O = INDICATES UTILITY EASEMENT AREA. (0.094 ACRE) = INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.029 ACRE) = INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.034 ACRE) DRAWN CHECKED DATE: JOB N0. TOTAL RIGHT-OF-WAY = (0.063 ACRE) JLR KBR 07/18/06