41-07 ResolutionRECORD OF RESOLUTIONS
Dayton Legal Blanrc Inc Form No 30045
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1
Resolution No
41-07
A RESOLUTION OF INTENT TO APPROPRIATE A 0.112 ACRE,
MORE OR LESS, UTILITY EASEMENT, FROM UNITED DAIRY
FARMERS, INC., LOCATED ON THE NORTH SIDE OF TUTTLE
CROSSING, COUNTY OF FRANKLIN, STATE OF OHIO.
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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 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 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 _ ~~/r`~ day of -~-- , 2007.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
1
~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. 41-07 -The United Dairy Farmer, Inc. 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 United Dairy Farmer, Inc. ("UDF") - a 0.112
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, the Ceases, 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. Cluis 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 orcfinances authorizing the
City h4anager to enter into real estate puuchase contracts with the landov~mers. If agreements
June 14, 2407
Res. 41-07 -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 2nd, 2007 City Council meeting regarding litigation.
RECOMMENDATION:
Legal Staff and Division of Engineering recommend approval of Resolution No. 41-07.
ATTACHMENT A
PARCEL 1-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. 3004, City of Dublin, County of Franklin,
State of Ohio, and being an utility easement over a 2.160 acre tract as conveyed
to United Dairy Farmers, Inc. as recorded in Instrument No. 200002 1 1 0029232
(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:
Beginning at the southwest corner of said 2.160 acre tract also being the
intersection of the north right-of--way line of Tuttle Road and the east right-of-
way line of Wilcox Road as recorded in Plat Book 75, Page 45-46 (Tuttle Road
Sta. 10+79.99, 69.OOfeet left);
thence along a west line of said 2.160 acre tract and the east right-of--way line of
said Wilcox Road North fifty degrees six minutes fifty-one seconds West
(N50°06'51 "W) for twenty-one and OS/100 feet (21.05') to a point (Tuttle Road
Sta. 10+65.23, 84.00 feet left);
thence across said 2.160 acre tract North eighty-four degrees twenty-five minutes
thirty-four seconds East (N84°25'34"E) for three hundred thirty-three and 07/100
feet (333.07') to a point (Tuttle Road Sta. 13+98.31, 84.00 feet left);
thence along an east line of said 2.160 acre tract and the west right-of--way line of
Old Wilcox Road as shown in Plat Book 75, Page 45-46 South five degrees
thirty-four minutes thirty-three seconds East (SOS°34'33"E) for fifteen and
00/100 feet (15.00') to a point in the north right-of--way line of said Tuttle Road
and the south line of said 2.160 acre tract (Tuttle Road Sta. 13+98.31, 69.00 feet
left);
thence along the north right-of--way line of said Tuttle Road and the south line of
said 2.160 acre tract South eighty-four degrees twenty-five minutes thirty-four
seconds West (S84°25'34"W) for three hundred eighteen and 31/100 feet
(318.31') to the POINT OF BEGINNING, containing zero and 112/1000
(0.112) 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 0.112 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 2.16 acre
tract with Parcel No. 273-010209-00.
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 Instrument No.
200002110029 32, Reco er's Office, Franklin County, Ohio.
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DESCRIPTIOIl1 VERIIF'IED
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PREPARED BY 't`HE CTTY OF DUBLIN.
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EXHIBIT
R/W AND EASEMENT
TUTTLE CROSSING BLVD.
DUBLIN, OH.
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