Ordinance 085-18RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 85-18
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND ACCEPT NECESSARY CONVEYANCE
DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.011 -
ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-
WAY, WITHOUT LIMITATION OF EXISTING ACCESS
RIGHTS FROM J. LARRY FLECK, FOR THE PUBLIC
PURPOSE OF CONSTRUCTING A NEW ROADWAY WHICH
SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE,
WHEREAS, the City of Dublin (the "City's is preparing to construct the Tuttle Crossing
Boulevard Extension and Avery Road Improvements project (the "Project'; and
WHEREAS, the Project requires that the City obtain a fee simple warranty deed for
public right-of-way, without limitation of existing access rights from property that does
not have a Franklin County parcel number, which was last owned by 1. Larry Fleck (the
"Grantor', as described in the attached Exhibit A and depicted in the attached Exhibit
B; and
WHEREAS, the City, through its acquisition agent for the Project, and the Grantor
participated in good faith discussions and have come to mutually agreeable terms for
the acquisition of the necessary property interest for the sum of $300.00, which is the
appraised value of the property interest; and
WHEREAS, the City desires to execute and accept necessary documents to complete
the transaction between the City and the Grantor.
NOW, THEREFORE, BE IT ORDAINED by the Co ncil of the City of Dublin,
Delaware, Franklin, and Union Counties, ,Mate of Ohio, of the elected members
concurring, that:
Section 1. The City Manager is hereby authorized to execute and accept all
necessary documents to acquire a 0.011 -acre fee simple warranty deed for public right-
of-way, without limitation of existing access rights from J. Larry Fleck, for the appraised
value of $300.00, as more fully described and depicted in the attached Exhibits A and
B.
Section 2. Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to take any other actions as may be appropriate to implement this
Ordinance without further legislation being required.
Section 3. This Ordinan
Revised Charter. /
hall take effect in accordance with 4.04(b) of the Dublin
I ! :
Clerk of Council
r� , Zois.
Ordinance 85-18
Office of the City Manager
Dublin
5200 Emerald parkway s Dublin, OH 43017-1090
Cit of Dublin Phone: 614,410,4400 o Fax: 614.410,4490
Memo
To: Members of Dublin City Council
nAl
From: Dana L. McDaniel, City Mana
Date: October 30, 2018
Initiated By; Paul A, Hammersmith, Director of Engineering
Jean -Ellen Willis, PE, Engineering Manager - Transportation
Philip K. Hartmann, Assistant Law Director
Re: Ordinance Nos. 81.18 through 85.18
Acquisition of Right -of -Way and Easements
Tuttle Crossing Boulevard Extension and Avery Road Improvements
(13-013-CIP)
BACKGROUND
The Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project'
provides for the extension of Tuttle Crossing Boulevard from its current terminus at Wilcox Road to
Avery Road, and includes improvements along Avery Road, Wilcox Road, Rings Road, Cara Road,
and Cara Court, as shown in the attached Figure 1, Project Overview Map, The Project includes the
construction of a four -lane boulevard with curb and gutter, shared -use path, sidewalk, street
lights, a multi -use tunnel, and landscaping,
In the 2019-2023 Capital Improvements Program (CIP), site acquisition is programmed in 2018-
20191 utility relocation is programmed in 2019, and construction and landscaping are programmed
in 2020, Currently, the Project is planned to be funded through service payments from the
Rings/Frantz Tax Increment Financing (TIF) District and the Thomas/Kohler TIF, an advance from
the General Fund, City of Columbus contribution of $2,800,000, private developer contributions of
$635,786 and a $7,000,000 grant through the Mid -Ohio Regional Planning Commission (MORPC)
attributable funding. However, a gap in funding still exists and the timing of construction is
subject to change,
The Project requires the acquisition of property interests from multiple property owners on Tuttle
Crossing Boulevard, Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court,
ACQUISITION
The City, through its acquisition agent, has come to mutually agreeable terms with multiple
property owners in connection with the Project, The property acquisitions from these owners
consists of the following property interests from the named property owners, as depicted in the
map attached hereto,
Property Owner I Property interests Auditor Acquisition Price
Parcel ID
—.. _ Number
Edwards Avery Road, LLC 0,013 acre Temporary 010-220108 $340
(Parcel 13 - I Construction Easement
5300 Avery Rd)
Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd
Extension and Avery Rd Improvements
October 30, 2018
Page 2 of 3
Edmund LM and Donna K. Krohn
(Parcel 36 _
0,007 acre Temporary ��
27000094-
� $300
Construction uct on Basement
5508 bra �t�....._M�.;.,:�..
Larry S, Kincaid
....__..._ �.......�.�_._.�...�...
10.036 acre Standard
274.000089
�_ .....:_.�..�;..
$8,431 I:
(Parcel 37 -
Highway Easement
5509 Cara Ct)
j 0,009 acre Temporary
Matthew B, Brown
Construction Easement
0,126 acre RjW including
27400006._.
$9x475
(Parcel -
0,069 acre P,R,O
6228 Rings Rd)
0.023 acre Temporary
i
W
J, Larry Fleck j
Construction Easement
0,011 RJW including
acre
n/a j
$300
(Panel 62 -
0,011 acre P,R,O, j
Avery Rd)
P O, stands for Present Road Occupied, which means that this portion
roadway easement of the acquisition is already encumbered with
a
The details regarding each property acquisition is as follows;
Edwards Avery Road LLC: The property is located on the east side of Avery Road, south of
Tuttle Crossing Boulevard, at 5300 Avery Road, Dublin, Ohio 43016, The City participated in good
faith discussions with Edwards Avery Road LLC, resulting in mutually agreeable terms for the
acquisition of the property interest for the appraised value, which was $340,
Edmund L. and Donna K. Krohn; The property is located on the east side of Cara Court, north
of Cara Road, at 5508 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions
with Edmund L, and Donna K, Krohn, resulting in mutually agreeable terms for the acquisition of
the property interest for the appraised value, which was $300.
Larry S, Kincaid: The property is located on the west side of Cara Court, north of Cara Road, at
5509 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions with Larry S,
Kincaid, resulting in mutually agreeable terms for the acquisition of the property interest for the
appraised value, which was $8,431,
Matthew B, Brown: The property is located on the north side of Rings Road, west of Avery
Road, at 6228 Rings Rd, Dublin, Ohio 43016, The City participated in good faith discussions with
Matthew B, Brown, resulting in mutually agreeable terms for the acquisition of the property
interest for the appraised value, which was $9,475,
J. Larry Fleck; The property is located in the roadway at the Avery Road and Cara Road
intersection, The parcel is a result of a missed survey split from an earlier acquisition. The entire
area is within an easement classified as Present Road Occupied (P.R,O,), This acquisition will
convert the easement into permanent right-of-way. The City participated in good faith discussions
with J, Larry Fleck, resulting in mutually agreeable terms for the acquisition of the property interest
for the appraised value, which was $300,
These Ordinances authorize the City Manager to execute and accept on behalf of the City all
necessary conveyance documents to formally acquire the necessary property interests from each
property owner,
Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd
Extension and Avery Rd Improvements
October 30, 2018
Page 3 of 3
RECOMMENDATION
Staff recommends adoption of Ordinances Nos, 81.18, 82-18, 83-18, 84.18 and 85-18 at the
second reading/public hearing on November 19, 2018, as these ordinances authorize the City
Manager to execute all necessary conveyance and contract documents to formally accept the
necessary property interests described above,
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EXHIBIT A
LPA RX 851 WD
Ver. Date 05/23/2017
Page 1 of 2
Rev. 06/09
PID 99815
PARCEL 62 -WD
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns,
reserves all existing rights of ingress and egress to and from any residual area (as used herein,
the expression "Grantor/Owner" includes the plural, and words in the masculine include the
feminine or neuter).
[Surveyor's description of the premises follows]
Situated in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia Military
Survey Number 3004, and being part of that original 56.917 acre tract described in a deed to J. Larry Fleck,
of record in Deed Book 3581, Page 316, all records referenced herein are on file at the Office of the Recorder
for Franklin County, Ohio, being a parcel on the right side of the proposed centerline of construction for Avery
Road, as delineated on the centerline plat for Tuttle Crossing Boulevard and Avery Road Improvements, of
record in Plat Book , Page , said parcel being more particularly bounded and described as follows:
BEGINNING at Franklin County Geodetic Survey monument number 1934, said monument being at the
intersection of the existing centerline of right-of-way for Rings Road (West) and the existing centerline of
right-of-way for Avery Road (South), being at the northeast corner of that 22.624 acre tract described in deeds
to Angelo J. Dallas, or his successor, as Trustee under the Angelo J. Dallas Trust Agreement dated May 17,
1996 (1/2 interest), of record in Instrument Number 199804100085905, Dolores D'Amico, Valerie M. Scheel
and Jodelle D'Amico, as trustees under the Dolores D'Amico family Trust (aka Dolores D'Amico Trust) dated
February 13, 2002 (1/2 interest), of record in Instrument Number 200407130162385, being on the south line of
that 0.8122 acre tract described in a deed to City of Dublin, Ohio, of record in Instrument Number
200803040032341, and said monument being 46.11 feet right of Avery Road proposed centerline of
construction Station 126+41.19;
Thence North 85 degrees 26 minutes 57 seconds East, along the existing centerline of right-of-way for Rings
Road, along the north line of said original 56.917 acre tract, and along the south line of said 0.8122 acre tract, a
distance of 15.78 feet to Franklin County Geodetic Survey monument number 8847, said monument number
8847 being at the intersection of the existing centerline of right-of-way for Rings Road (West) and the existing
centerline of right-of-way for Avery Road (North), being at the southeast corner of said 0.8122 acre tract,
being at the southwest corner Miller Estates, as established by Plat Book 43, Page 75, being at a northwest
corner of Miller Estates No. 2, as established by Plat Book 49, Page 43, and said monument number 8847
being 61.66 feet right of Avery Road proposed centerline of construction Station 126+41.19;
EXHIBIT A Page 2 of 2
LPA RX 851 WD Rev. 06/09
Thence South 11 degrees 03 minutes 32 seconds West, along a west line of said Miller Estates No. 2 and
across said original 56.917 acre tract, a distance of 31.05 feet to a MAG nail set at the southwest corner of said
Miller Estates No. 2, being on the north line of a 0.233 acre highway easement described in a deed to County
of Franklin, of record in Deed Book 3642, Page 463, being at the southeast comer of said 56.917 acre
(original) tract, and said MAG nail being 61.05 feet right of Avery Road proposed centerline of construction
Station 126+17.48;
Thence South 86 degrees 04 minutes 26 seconds West, along the north line of said 0.233 acre highway
easement and continuing across said original 56.917 acre tract, a distance of 15.56 feet to an iron pin set on the
existing centerline of right-of-way for Avery Road (South), being at the northwest comer of said 0.233 acre
highway easement, being on the west line of said original 56.917 acre tract, being on the east line of said
22.624 acre tract, and being 46.00 feet right of Avery Road proposed centerline of construction Station
126+13.54;
Thence North 10 degrees 44 minutes 47 seconds East, along the existing centerline of right-of-way for
Avery Road (South), along the west line of said original 56.917 acre tract and along the east line of said 22.624
acre tract, a distance of 30.83 feet to the POINT OF BEGINNING for this description.
The above described right-of-way parcel contains a total area of 0.011 acres all of which lies within the
present road occupied.
The bearings described herein are based on Grid North as referenced to the Ohio State Plane Coordinate
System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a
GPS survey and an NGS OPUS solution.
Iron pins set are 30" by 5/8" diameter Mbar with caps stamped "ASI PS -8438".
The above described right-of-way parcel was prepared under the direct supervision of Brian P. Bingham,
Registered Professional Surveyor No. 8438 on May 23, 2017, is based on an actual survey performed by
American Stmcturepoint, Inc., and is true and correct to the best of my knowledge and belief.
American Structurepoint, Inc.
Brian P. Bingham, PS
Registered Professional Surveyor No. 8438
O- %X0 -l<
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(4A'4 DESCRIPT[O�YF".Rlcll'.11
CORNELL R. RU13t R I5t � P r
1V3
�y 2s/7
Date
0 51 10,
SCALE: t"=10 -
Situated in the State
as
Ohio
County
of Franklin, City
so•h: r=m
Dublin
Parcel
Military Survey
O-'
STRUCTUREPOINT
Tuttle Crossing
Exhibit"B"
o.wa er
ser
62 -WD
City
CI of Dublin, Ohio
00
■
Boulevard Ext.
0.011 Ac.
an•x•as
ece
Sheet
�
and Avery Road
Warranty
m° m
Improvements
Deed
°"°'
vaa°tr
1 of 1
0 51 10,
SCALE: t"=10 -
Situated in the State
of
Ohio
County
of Franklin, City
of
Dublin
Virginia
Military Survey
No.
3004
PID; 274-000066
City of Dublin, Ohio
I.N. 200803040032341
0.8122 Ac.
rL of R/W `
Rings Road
F.C.G.S. 1934—
PID: 274-000023
Angelo J. Dallas, or his successor, as
trustee under the Angelo J. Dallas
Trust Agreement dated May 17, 1996
(1/2 interest)
I.N. 199804100085905
Dolores D'Amico, Valerie M. Scheel and
Jodelle M. D'Amico, as trustees under
the Dolores D'Amico Family Trust (aka
Dolores D'Amico Trust) dated February
13, 2002
(1/2 interest)
I.N. 200407130162385
22.624 Ac.
CL of R/W I
Avery Road -,l
Miller Estates
P.B. 43, Pg. 75
Avery Rd.
(4V)
P.B. 43, Pg, 75
L of R/W
�F.C.G.S. 8847 /Cara Road
J. Larry Fleck
D.B. 3581, PG. 316
56.917 Ac. (Original)
L
r Estates No.
B. 49, Pg. 43
j//�PL15.56
S86'04' 26"W
CL of R/W
Avery Road Highway Easement
County of Franklin
D.B. 3642. Pg. 463 IIIII1 P s iron pin set w/
i 0.233 Aa "Structurepoint—PS 8438" cap
e M.N.S. MAG nail set
Basis of bearing: ® F.C.G.S. Monument
Bearings shown hereon are based on grid north as referenced to the
Ohio State Plane Coordinate System (South Zone) and the North American
Datumof 1983 OPUS (2011soluti0 Adjustment), as established utilizing a GPS surveyand NGS ,%' t=
I hereby certify that:BRIAN P.
This drawing represents the results of an actual field survey :GINGHAM
of the premises performed by American Structurepoint. Inc., and —.0 j
is tr/ue�a d correct to the best of my knowledge and belief. ' 9 ' 8436
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Brian P. Bingham, P.S. o. 8438 Date
American Structurepoint, Inc. hr,�NAL$
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