39-07 ResolutionRECORD OF RESOLUTIONS
Dayton Legal Blank Inr Form Nip 30045
Resolution No.
39-07
P~s~.,~~~d . zo
A RESOLUTION OF INTENT TO APPROPRIATE A 0.227 ACRE,
MORE OR LESS ,FEE SIMPLE INTEREST (WITH 0.103 ACRE,
MORE OR LESS, PRESENT ROAD OCCUPIED) AND 0.069 ACRE,
MORE OR LESS, UTILITY EASEMENT, FROM DAVID H. AND
DECOKES GEASE, LOCATED ON THE NORTH SIDE OF TUTTLE
CROSSING, COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the City of Dublin ("City"), in cooperation with the City of Columbus, is
preparing to widen Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road
to improve related traffic circulation; and
WHEREAS, said improvement requires the City to obtain a simple interest and utility
easement in and to the premises described in the attached Exhibit "A" located in the
City of Dublin, Franklin County, Ohio;
NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin,
State of Ohio, ~~~ of the elected members concurring, that:
Section 1. Council considers it necessary and declares its intention to appropriate, for
the purpose of widening Tuttle Crossing Boulevard from Emerald Parkway to Wilcox
Road to improve related traffic circulation, a fee simple interest and utility easement in
and to the premises located in the County of Franklin, Ohio, and more fully described in
the legal description attached hereto as Exhibit "A".
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owners and persons in possession or
having an interest of record in the above-described property. This notice shall be served
according to law.
Section 3. This Resolution shall take effect and be in force from and after the earliest
date permitted by law.
Passed this ~ ~~`~~ day of L -~- , 2007.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
,~
~SCHOTTENSTEIN
ZOX~LDUNN ,
ME,~IORAND UM
TO: Dublin City Council
Jane S. Brautigam, City Manager
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: June 14, 2007
RE: Tuttle Crossing Boulevard Widening
Resolution No. 39-07 -The Gease Property
PROJECT BACKGROUND
The City, in partnership with the Franklin County Engineer's Office and the City of Columbus,
is preparing to widen Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road to
improve related traffic circulation. The partnering agencies are working diligently to complete
this project in a timely manner. This project requires the acquisition of either a "parfiial take"
(the purchase of a portion of the parcel for right-of--way) or a "total take" (the purchase of the
entire parcel) from multiple property owners on the north side of Tuttle Crossing Boulevard.
This memorandum discusses the partial take from David H. and Delores Gease - a 0.227 acre,
more or less, fee simple interest for right-of--way, (with 0.103 acre, more or less, present road
occupied) and 0.069 acre, more or less, easement for utilities. There are additional resolutions
before Council concerning other property involved in this project. The remaining property
owners are the following: the Stilles, United Dairy Farmer, Inc., BED Development Co.,
BRE/ESA P Portfolio LLC., Anita Joye Realty and Capitol City Lodge.
Utility relocation along the north side of Tuttle Crossing Boulevard portion of this project is
scheduled to commence as soon as the appropriations are completed. This project will be
advertised for bids this month with a bid opening anticipated at the end of the month or early in
July. Construction is not expected to commence until either late August or early September,
with completion in mid-2008.
ACQUISITION DETAILS:
Since the year 2006, the Law Director's Office has been in contact with the landowners to
negotiate the required property acquisitions. All appraisals have been completed and the legal
department engaged M/E Company (Mr. Chris Howard) to negotiate the acquisitions with the
landowners. These negotiations will continue to take place after passage of these resolutions. If
agreements are reached, then the Law Director's Office will prepare ordinances authorizing the
City Manager to enter into real estate purchase contracts with the landowners. If agreements
June 14, 2407
Res. 39-07 -Tuttle Crossing Blvd. Widening
Page 2 of 2
cannot be reached, the legal department will proceed with preparing ordinances for presentation
at Council at the July 2, 2007 City Council meeting regarding litigation.
RECOMMENDATION:
Legal Staff and Division of Engineering recommend approval of Resolution No. 39-07.
ATTACHMENT A
PARCEL 8-WD
Being a parcel of land lying on the left 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 1.032 acre tract as conveyed to David H. Gease
and Delores Gease by deed of record in Deed Book 2853, Page 676 (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-ftve 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
riventy-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 minutes thirty-four seconds East
(N84°25'34"E) for rivo hundred ninety-five and 67/100 feet (295.67') to the
southwest corner of said 1.032 acre tract and the southeast corner of said 1.2068
acre tract being the TRITE POINT OF BEGINNING of the herein described
tract;
thence along the west line of said 1.032 acre tract and the east line of said 1.2068
acre tract North five degrees thirty minutes forty-seven seconds West
(NOS°30'47"W) for sixty-six and 00/100 feet (66.00') to a point;
thence across said 1.032 acre tract North eighty-four degrees twenty-five minutes
thirty-four seconds East (N84°25'34"E) for one hundred forty-nine and 97/100
feet (149.97') to a point in the east line of said 1.032 acre tract and the west line
of a 1.033 acre tract as conveyed to The Anita Joye Realty Company, Ltd. by
deed of record in Instrument No. 199712290177374;
thence along the east line of said 1.032 acre tract and the west line of said 1.033
acre tract South five degrees thirty-one minutes forty-seven seconds East
(S0~°3 I'47"E) for sixty-six and 00/100 feet (66.00') to the southeast comer of
said 1.032 acre tract and the southwest corner of said 1.033 acre tract also being
in the north line 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 and the
centerline of said Tuttle Road;
thence along the south line of said 1.032 acre tract, the north line of said 1.203
acre tract and said 1.313 acre tract, and the centerline of said Tuttle Road South
eighty-four degrees hventy-five minutes thirty-four seconds West (S84°25'34"W)
for one hundred fifty and 00/100 feet (150.00') to the TRUE POINT OF
BEGINNING, containing zero and 227/1000 (0.227) 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.
Tl~e Franklin County Auditor's Office carries the affected tract as a 1.03 acre
tract with Parcel No. 273-005408-00.
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 Deed Book 2853, Page 676,
Recorder's Office, Franklin County, Ohio.
Woolpert, Inc. ~•~'.~E OF py~''-,, O•`111~ L
' ~P ,..«.~~ O
~~:STEVEN •~~ ,'~ ~~-~-~ 0, aa~
~~6~ NEWELL ~ ~ ~ ~,13~ Sya~
Steven W. Newell ~p ' 5-7412 ~o , 0
Ohio Professional Surveyor #7212 ~.; "~`s, ~`:~STEa~~ ~J~,: ~'
,,~ S/pNA t Sv~~~~•
,,
DESCRIPTIOiR' VERIFIED
DEAN C. RINGLE, P.E.,P.S.
aY: ~~(G'r
DATE: l ~l~
ATTACHMENT A
PARCEL 8-UV
Being a parcel of land lying on the left 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 1.032 acre tract as conveyed
to David H. Gease and Delores Gease by deed record in Deed Book 2853, Page
676 (all references to deeds, microfiche, plats, surveys, etc, refer to the records of
tl~e Franklin County Recorder's Office, unless noted otherwise) and described as
follows:
Commencing for reference at the southwest corner of said 1.032 acre tract also
being in the centerline of Tuttle Road (Tuttle Road Sta. 17+23.98, 0.00 feet left);
thence along the west line of said 1.032 acre tract North five degrees thirty
minutes forty-seven seconds West (NOS°30'47"W) for sixty-six and 00/100 feet
(66.00') to the TRUE POINT OF BEGINNING (Tuttle Road Sta. 17+24.05,
66.00 feet left) of the herein described easement
thence continuing along the west line of said 1.032 acre tract North five degrees
thirty minutes forty-seven seconds West (NOS°30'47"W) for twenty and 00/100
feet (20.00') to a point (Tuttle Road Sta. 17+24.07, 86.00 feet left);
thence across said 1.032 acre tract North eighty-four degrees twenty-five minutes
thirty-four seconds East (N84°25'34"E) for one hundred forty-nine and 97/100
feet (149.97') to a point in the east line of said 1.032 acre tract (Tuttle Road Sta.
18+74.04, 86.00 feet left);
thence along the west line of said 1.032 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. 18+74.03, 66.00 feet left);
thence across said 1.032 acre tract South eighty-four degrees twenty-five minutes
thirty-four seconds West (S84°25'34"W) for one hundred forty-nine and 97/100
feet (149.97') to the TRUE POINT OF BEGINMNG, containing zero and
069/1000 (0.069) 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 0.069 of an acre, more or
less including the present road, which occupies 0.000 of an acre, more or less.
Tl~e Franklin County Auditor's Office carries the affected tract as a 1.03 acre
tract with Parcel No. 273-005408-00.
Tllis 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).
Tl~e Grantor claims title by instrument of record in Deed Book 2853, Page 676,
Recorder's Office, Franklin County;Ohio{~ ~F 0~~01 ~~~
oolpert, Inc. S~~/EN ,~
'` *. VVAYNE ~ "_
: NEVNELL
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o s . S-'1414 ~
Steven W. Newell = F ~ ~FC~ TE ~~ ~•; •
Ohio Professional Surveyor #7212 ~"•.,,s'S~~NA ` SJQ~•;
~~~'~.~ C~~' I~U~LII
PREPARED BY ~ CM'Y OF DUBLiN,
ENGINEERIAIG
5800 Shier Rings Roads Dublin, 8hio X818-12.38
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EXHIBIT
R/W AND EASEMENT
TUTTLE CROSSING BLVD.
DUBLIN, OH.
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