20-06 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, [nc. Form No. 30043
20-06
Ordinance No. Passed . 2D
AN ORDINANCE TO REPEAL ORDINANCE NO. 17-06 AND
APPROPRIATE A 1.275 ACRE, MORE OR LESS, FEE SIMPLE INTEREST,
AND A 0.351 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.
WHEREAS, it is necessary to repeal Dublin Ordinance No. 17-06 based on the incorrect value
of the interests appropriated set forth therein; and
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. Council hereby repeals Ordinance No. 17-06 based on the incorrect value of the
interests appropriated set forth therein.
Section 2. 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 3. Council hereby fixes the value of the interests appropriated at Two Hundred
Ninety Six Thousand Eleven Dollars and 00/100 Cents ($296,011.00) 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 4. 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 5. 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 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~ day of ~ Y / ~ , 2006.
~1~e~/
Mayor -Presiding Officer
ATTEST:
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.
Clerk of Council
De y Clerk of Council, Dublin, Ohio
SCHOTTENSTEIN
ZOX 8c D U N N co.,tpn
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: March 29, 2006
RE: Tuttle Crossing Boulevard Widening Project
Ordinance Nos. 19-06 and 20-06
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 Russell DuemmeI and Carol
Leah Duemmel. 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 Duemmels have agreed to the terms of sale and compensation in the amount of $71,755.
Ordinance No. 19-06 has been submitted to Council for approval of this acquisition
On March 6, 2006, Council passed Ordinance No. 17-06 to appropriate a fee simple interest and
permanent utility easement from Robert G. Eickholt, Jane M. Eickholt and David Eickholt. The
value of the interests appropriated was incorrect and Ordinance No. 20-06 has been submitted to
~.~zll.~~~,, Council to repeal Ordinance No. 17-06 and set forth the correct valuation to appropriate from
Robert G. Eickholt, Jane M. Eickholt and David Eickholt.
Columbus
Cleveland RECOMMENDATION:
Cincinnati
Legal Staff recommends approval of Ordinance Nos. 19-06 and 20-06.
{H0662179.1 }
250 Nest Street, Columbus, Ohio 43215-2538 f P.O. Box 165020. Columbus. OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
CITY OF DUBLIN EXHIBIT
PREPARED BY THE CITY OF DUBLIN, 1 ~ / ~ ° AND E A S 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
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INDICATES UTILITY EASEMENT AREA. (0.058 ACRE)
= INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.557 ACRE)
INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.718 ACRE)
DRAWN CHECKED DATE: JOB N0. TOTAL RIGHT-OF-WAY = (1.275 ACRE)
JLR KBR 03/01 /06
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-18, 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
(a11 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 Huth 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 09/100 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-
five 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 TRUE
POINT OF BEGINNING 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 12°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 Hirth 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 Huth Road South twelve
degrees four minutes forty-nine seconds East (S12°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°35'58"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 95/100 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/i00 feet (145.31'), delta angle of said curve
being one degree nineteen minutes four seconds (1°I9'04") to a point;
3.} South eighty-four degrees twenty-five minutes thirty-four seconds
West (584°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 (S85°41'57"W) for one hundred eighty and 04/100 feet (180.04') to
a point;
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-seven and 72/100 feet (377.72') to a point in the west line of
said 14.54 acre tract and the east line of a 1.000 acre tract as conveyed to Russell
Duemmel and Carol 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 Wesi
(N07°57'47"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 line 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 5.54 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 (1V84°25'34"E).
The Grantor claims title by instrument of record in Official Record 13739 J-04,
Official Record 12962 H-18, and Official Record 12962 H-20, Recorder's
Office, Franklin County, Ohio.
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Steven W. Newell 0 ; ~ 414 ~ O p.~aS ~~et 5
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DESCRIPTIQN VERIP)EFQ
DEAN C. FtiNGLE. P.E3'.S.
DATE: 1 D b~
ATTACHMENT A
PARCEL i8-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 (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:
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 line of said 14.54 acre tract South seven degrees fifty-
seven minutes forty-seven seconds East (S07°57'47"E) for sixty-six and 06/100
feet (66.06') being the TRITE POINT OF BEGINNING (Tuttle Road Sta.
26+12.53, 66.00 feet 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 right)(passing the east line of said 14.54 acre tract and the
west line of said 5.54 acre tract at two hundred eighty-iwo 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 point (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 31/100 feet (145.31'), delta angle of said curve
being one degree nineteen minutes four seconds (1 ° 19'04") to 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 95/100 feet (6338.95') for an arc distance of one hundred
sixty-seven and 72/100 feet (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 minutes fifty-eight seconds (1°30'58") to 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 021100
feet (20.02') to the TRUE POINT OF BEGINNING, containing zero and
35111000 (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-
005466-00.
This description was prepared from a field survey performed by Woolpert, Inc. in
January, 2002, with bearings based upon the Ohio State Piane 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 (pff~,ci~l~~y~trrd 12962 H-20, Recorder's
Office, Franklin County, Ohio;:.~p~ ~,.•,h^~11/O
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NEVI/EU.
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