62-06 Ordinance RECORD OF ORDINANCES
Dayton Leeal Blank, [nc. Form No. 30043
62-06
Ordinance No. Passed , 20
AN ORDINANCE AUTHORIZING THE PURCHASE OF A
1.033 ACRE, MORE OR LESS, TRACT OF LAND, FROM
THE STONEHENGE COMPANY, LOCATED AT 6035
AVERY ROAD (PARCEL NO. 274-000083-00), CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO,
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve the Avery Road/Tuswell Drive
intersection and improve related traffic circulation; and
WHEREAS, the City desires to enter into an agreement to purchase a 1.033 acre, more or
less, tract of land, for road improvement purposes for an amount up to Two Hundred Fifty
Eight Thousand Dollars and 00/100 Cents ($258,000.00); and
WHEREAS, the aforementioned objectives will require the City of Dublin to obtain a fee
simple interest in the 1.033 acre, more or less, premises located at 6035 Avery Road, in the
City of Dublin, Franklin County, Ohio, as described in the attached Exhibit "A".
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 1.033 acre,
more or less, tract of land and paying any related costs.
Section 2. This Ordinance is hereby declared an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of the Avery Road/Tuswell Drive intersection can
be coordinated with the condominium construction east of Avery Road to improve traffic
circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this
ordinance shall go into immediate effect.
Passed thisd~{~ day of ~L-t0 6 e~ , 2006.
ayor -Presiding Officer
ATTEST:
Clerk of Counci
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.
~
D ty Clerk of Council, Dublin, Ohio
C~SCHOTTENSTEIN
ZOX & D U N N CQ.,IPA
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam
Paul A. Hammersmith, PE, Director ofEngineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: September 28, 2006
RE: Avery Road Widening Project
Ordinance No. 62-06 (The Stonehenge Company Property)
PROJECT BACKGROUND:
This project requires the acquisition of either a "partial take" (the purchase of a portion of the
parcel for right-of--way) or a "total take" (the purchase of the entire parcel) from five (5) property
owners on the west side of Avery Road for the widening of Avery Road between Shier Rings
Road and Woerner Temple Road: Edward and Sharon Upperman, as Trustees under the
Upperman Family Trust, The Stonehenge Company, Thane and Stella Thatcher, R. Steven and
Dorothy Marcus, and Michael Blue (Rosemary's Photo). Construction on the Avery Road
Widening portion of this project is not scheduled to commence until spring 2007. We previously
passed Ordinance No. 71-OS authorizing purchase of the Edward and Sharon Upperman parcel
located at 6001 Avery Road. Below is the outline for the purchase of The Stonehenge Company
parcel located at 6035 Avery Road. Should Council approve this proposed legislation, the City
will have three (3) remaining partial or total takes depending on the final design plans.
PROPOSED LEGISLATION:
.,~.szo.t~~, In conjunction with the Avery Road Widening Project, the City intends on improving the Avery
Road/Tuswell Drive intersection. The construction of The Villas at Glenealy is underway on the
Columbus east side of Avery Road. It1 an effort to coordinate improvements to this intersection with the
aeveland condominium construction, the City would like to improve this intersection as soon as possible.
Cincinnati
For the City to undertake this intersection improvement, the City needs to acquire a 1.033 acre,
more or less, tract of land located at 6035 Avery Road, from The Stonehenge Company. The
City obtained an independent appraisal report on July 19, 2005. Since obtaining the report,
Stonehenge purchased this property from the Swopes on April 28, 2006. The City and
Stonehenge, during the course of negotiations, have agreed to compensation in the amount of
$230,000 plus additional costs. The $230,000 reflects the sale price between the Swopes and
Stonehenge and is approximately our appraised value. In addition, the City agreed to reimburse
Stonehenge up to $28,000 for operating/maintenance costs and acquisition/management fees.
{H0779894.1 }
250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
~~SCHOTTENSTEIN
ZOXBc D U N N ~a..~P~
RECOMMENDATION:
Legal Staff recommends approval of Ordinance No. 62-06 for the necessary acquisition of the
Stonehenge parcel for the improvement of the Avery Road/Tuswell Drive intersection. Based
upon the City Engineer's direction, we are requesting passage of this ordinance as an emergency
to improve traffic circulation and relieve traffic congestion for the citizens of Dublin.
;~~sz~.~~~„
Columbus
Cleveland
Cincinnati
{H0779894.1 }
250 West Street, Columbus, Ohio 43215-2538 ( P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
Exhibit "A"
Situated in the State of Ohio, County of Franklin and in the City of Dublin; and bounded and
described as follows:
Beginning at a spike in the centerline of Avery Road, said spike being North 9° 24' 00" East a
distance of 135 feet from the southeasterly corner of the above mentioned Wood tract; thence
North 80° 30' 26" West across said Wood Tract and along a northerly line of a certain 1.722
Acre Tract, 300 feet to an iron pin; thence North 9° 24' 00" East continuing across said Wood
Tract and along an easterly line of said certain 1.77 Acre Tract 150 feet to an iron pin in the
northerly line of said Wood Tract, said point being South 80° 30' 26" East a distance of 100 feet
from the northwesterly corner of said Wood Tract; thence South 80° 30' 26" East along the
northerly line of said Wood Tract and the remaining lands of John V. Frost 300 feet to a spike in
the centerline of Avery Road at the northeasterly corner of said Wood Tract, passing an iron pin
on line at 270 feet; thence South 9° 24' 00" West along the centerline of Avery Road 150 feet, to
the place of beginning, containing 1.033 acres, more or less.
(H0781787.1 )
Cit of Dublin
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