18-06 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
18-06 Passed . 2~
Ordinance No.
AN ORDINANCE TO APPROPRIATE A 0.454 ACRE, MORE OR
LESS, FEE SIMPLE INTEREST, AND A 0.138 ACRE, MORE OR
LESS, PERMANENT UTILITY EASEMENT, FROM DONALD S.
LOWERY AND DIANNE L. LOWERY, LOCATED SOUTH OF
TUTTLE CROSSING BOULEVARD, CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO.
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, said improvement will require the City of Dublin to obtain a fee simple
interest and permanent utility easement in and to the premises described in the attached
Exhibits "A" and "B" located in the City of Dublin, Franklin County, 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. A fee simple interest and permanent utility easement in and to the premises
located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the
legal descriptions attached hereto as Exhibits "A" and "B" are hereby appropriated for the
public purpose of widening Tuttle Crossing Boulevard between Wilcox Road and I-270,
pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interests appropriated at One Hundred
Seven Thousand One Hundred Forty Four Dollars and 00/100 Cents ($107,144.00) which sum
shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the
owners of the property appropriated as their interests may appear. Upon such deposit, the City
of Dublin shall take possession of and enter upon the property pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that the
City has been unable to agree with the owners of the property as to appropriate compensation,
and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to
be paid for the real estate herein described above.
Section 5. There be appropriated from the Capital Improvements Tax Fund One Hundred
Seven Thousand One Hundred Forty Four Dollars and 00/100 Cents ($107,144.00) to account
401-0314-780-2550 for the purpose of paying all costs incident to such acquisition.
Section 6. 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 o~i4?~ day of ~'jGl~'c-~1 , 2006.
Mayor -Presiding Officer
I hereby certify that copies of this
ATTEST: Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Clerk of Council De ty Clerk of Council, Dublin, Ohio
CITY 0 F DUBLIN ExHIBIT
PREPARED BY THE CITY OF DUBLIN, R/ W AND E A S E M E N T
ENGINEERING TUTTLE CROSSING BLVD.
DUBLIN, OH.
5800 Shier Rings Road • Dublin, Ohio 43016-1238
Phone (614)410-4800 • Fax (614)761-6506
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6' !NE GRASS ~ PINE DONALD S. LOWERY AND I BASKALL
i DIANNE L LOWERY II
~ OR 254]4 F-12
10'PINE O 273-005389-00 M~AIPLE
/ 1.203 ACRES CDEEID
O 1l L20 ACRES (AUDITOR)
7 NET=0.973 7BA=0.227 ~
DONALD S. LOWERY AND EX.ASPHALT w~ i 4,
DIANNE L LOWERY DRIVE HOUSE NO. 5625 Ha PINE ~
OR 254]4 F-]1 j 1-STORY FRAME 6 BRICK
273-005400-00 I _
].313 ACRES (DEED) ~
0.000 ACRE CAUD770R) r I
NET=1.086 ~ a
TBA=0.227 ~
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= INDICATES UTILITY EASEMENT AREA. (0.138 ACRE)
= INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.206 ACRE)
= INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.248 ACRE)
DRAWN CHECKED DATE: JOB N0. TOTAL RIGHT-OF- WAY = (0.454 ACRE)
JLR KBR 03/01 /06
ATTACHMENT A
PARCEL 7-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, City of Dublin, County of Franklin,
State of Ohio, and being part of a 1.313 acre tract as conveyed to Donald S.
Lowery and Dianne L. Lowery by deed of record in Official Record 25414 F-11,
and part of a 1.203 acre tract as conveyed to Donald S. Lowery and Dianne L.
Lowery by deed of record in Official Record 25414 F-12 (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 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 North eighty-four degrees twenty-five minutesthirty-four seconds East
(N84°25'34"E) for one hundred ninety-five and 23/100 feet (195.23') to the
northwest corner of said 1.313 acre tract being the TRUE POINT OF
BEGINNING of the herein described tract;
thence continuing along the south line of said 1.2068 acre tract, along the north
line of said 1.313 acre tract, the south line of a 1.032 acre tract as conveyed to
David H. Gease and Delores Gease by deed of record in Deed Book 2853, Page
676, the north line of said 1.203 acre tract and the south line of a 1.033 acre tract
as conveyed to The Anita Joye Reality Company, Ltd. by deed of record in
Instrument No. 199712290177374 and the centerline of said Tuttle Road North
eighty-four. degrees twenty-five minutes thirty-four seconds East (N84°25'34"E)
for three hundred and 00/100 feet (300.00') to the northwest corner of a 1.091
acre tract as conveyed to William Michael Sherman, and George W. Sherman,
trustees of Ruth Sherman Credit Shelter Trust by deed of record in Instrument
No. 200310290347097;
EXHIBIT
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thence along the east line 'of said 1.203 acre tract and the west line of said 1.091
acre tract South five degrees thirty-one minutes forty-seven. seconds East
(SOS°31'47"E) for sixty-six and 00/100 feet (66.00') to a point;
thence across said 1.203 acre tract and said 1.313 acre tract South eighty-four
degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for three
hundred and 00/100 feet (300.00') to a point in the west line of said 1.313 acre
tract and the east line of said 0.9937 acre tract;
thence along the west line of said 1.313 acre tract and the east line of said 0.9937
acre tract North five degrees thirty-one minutes forty-seven seconds West
(NOS°31'47"W) for sixty-six and 00/100 feet (66.00') to the TRITE POINT OF
BEGINNING, containing zero and 454/1000 (0.454) 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 0.227 of an acre, more or
less including the present road, which occupies 0.103 of an acre, more or less out
of Parcel No. 273-005400-00, and 0.227 of an acre, more or less including the
present road, which occupies 0.103 of an acre, more or less out of Parcel No.
273-005389-00, for a total of 0.454 acres, more or less, including the present
road, which occupies a total of 0.206 acre.
The Franklin County Auditor's Office carries the affected tracts as a 1.313 acre
tract with Parcel No. 273-005400-00, and as a 1.20 acre tract with Parcel No.
273-005389-00.
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 25414 F-11,
Recorder's Office, Franklin County, Ohio. ~ ~l 1 C,
Woolpert, Inc. ~y i.(T D. da"1 Rc2cS
.:'~~PrE.«~.hy!O''••
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DEAN C: RINGLE. P.E,P.S. ~t~l~* ••••STEVEN = £
'f~ _ Steven W. Newell i WAYNE * s.~~~,~.. 0, aa"~ ACRES
BY:.,,,-
~ ' Ohio Professional Surveyor #7212 ~ NEWELL ~ ~ 5 38`I
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ATTACHMENT A
PARCEL 7-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, City of Dublin, County of Franklin,
State of Ohio, and being an utility easement over a 1.313 acre tract as conveyed
to Donald S. Lowery and Dianne L. Lowery by deed of record in Official Record
25414 F-11, and over a 1.203 acre tract as conveyed to Donald S. Lowery and
Dianne L. Lowery by deed of record in Official Record 25414 F-12 (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 1.313 acre tract also
being in the centerline of Tuttle Road (Tuttle Road Sta. 16+23.54, 0.00 feet left);
thence along the west line of said 1.313 acre tract South five degrees thirty-one
minutes forty-seven seconds East (SOS°31'47"E) for sixty-six and 001100 feet
(66.00') to a point (Tuttle Road Sta. 16+23.49, 66.00 feet right) being the TRITE
POINT OF BEGINNING of the herein described easement;
thence across said 1.313 acre tract and 1.203 acre tract North eighty-four degrees
twenty-five minutes thirty-four seconds East (N84°25'34"E) for three hundred
and 00/100 feet (300.00') to a point in the east line of said 1.203 acre tract (Tuttle
Road Sta. 19+23.49, 66.00 feet right);
thence along the east line of said 1.203 acre tract South five degrees thirty-one
minutes forty-seven seconds East (S05°31'47"E) for twenty and 00/100 feet
(20.00') to a point (Tuttle Road Sta. 19+23.47, 86.00 feet right);
thence across said 1.203 acre tract and 1.313 acre tract South eighty-four degrees
twenty-five minutes thirty-four seconds West (S84°2S'34"W) for three hundred
and 00/100 feet (300.00') to a point in the west line of said 1.313 acre tract
(Tuttle Road Sta. 16+23.47, 86.00 feet right);
thence along the west line of said 1.313 acre tract North five degrees thirty-one
minutes forty-seven seconds West (NOS°31'47"W) for twenty and 00/100 feet
(20.00') to the TRUE POINT OF BEGINNING, containing zero and 138/1000
(0.138) 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.
EXHIBIT
a
It is understood that the above described tract contains 0.138 of an acre, more or
less including the present road, which occupies 0.000 of an acre, more or less.
It is understood that the above described tract contains 0.069 of an acre, more or
less including the present road, which occupies 0.000 of an acre, more or less out
of Pazcel No. 273-005400-00, and 0.069 of an acre, more or less including the
present road, which occupies 0.000 of an acre, more or less out of Parcel No.
273-OOS389-00, for a total of 0.138 acres, more or less, including the present
road, which occupies a total of 0.000 acre.
The Franklin County Auditor's Office carries the affected tracts as a 0.000 acre
tract with Parcel No. 273-005400-00, and as a 1.200 acre tract with Parcel No.
273-005389-00.
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 FOGS
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 re~~gr~~ Official Record 25414 F-11,
Recorder's Office, Franklin County,,•yhi~~E OF dti~O.,~r,,,
oolpert I STEVEN
~
~ V(fAYNE -
~ NEV(lELL ~
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S-74~ Q •
L.. •
Steven W. Newell •.'~~c•' ~~`ar t ~
Ohio Professional Surveyor #7212 •.,sS/pNA ~ 5~~•~•••
SCHOTTENSTEI N
ZOX & D U N N CU,LPA
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: March 16, 2006
RE: Tuttle Crossing Boulevard Widening Project
Ordinance Nos. 15-06 through 18-06
I
SUMMARY:
We are beginning the land acquisition process for the widening of Tuttle Crossing Blvd. between
Wilcox Road and I-270. This project requires the acquisition of right-of--way and permanent
utility easement from fifteen (15) landowners. We have begun negotiations on the south side of
Tuttle Crossing Blvd. to allow for the relocation of utilities in spring 2006. A drawing of the
proposed right-of--way and permanent utility easements was previously introduced with
~ Resolutions Nos. 20-06 through 23-06 on March 6, 2006. Ordinance Nos. 15-06 through 18-06
has been submitted to Council for approval of Dublin's appropriation of the necessary right-of-
~ way and permanent utility easements for the landowners south of Tuttle Crossing Blvd.
RECOMMENDATION:
Legal Staff recommends approval of Ordinance Nos. 15-06 through 18-06.
~.SZD.com I
Columbus
Cleveland
Cincinnati ~
25d~s~~t~ee~, Columbus. Ohio 43215-2538 I P.O. Box 165020, Columbus, Ohio 43216-5020 I voice: 614-462-2700 I Faz: 6'14-462.5135