40-07 ResolutionRECORD OF RESOLUTIONS
Dayton legal Blank Ini Foim No 30045
I2esnlutu~~~ No
40-07
Passer/ ~0
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 SAMUEL L. AND
SUSAN C. STILLS, 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 , 2007.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
LJ
~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. 40-07 -The Stille 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 fi•om Samuel L. and Susan C. Stille - 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 a 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: United Dairy Farmer, Inc., the Geases, 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. 40-07 -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. 40-07.
ATTACHMENT A
PARCEL 11-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 1.739 acre tract as conveyed to Samuel L. Stille
and Susan C. Stille by deed of record in Official Record 10016 I-11 (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 rairaoad spike is North eighty-four degrees twenty-five 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
twenty-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 five hundred ninety-five and 67/100 feet (595.67') to the
southwest corner of said 1.739 acre tract and the southeast corner of a 1.033 acre
tract conveyed to The Anita Joye Realty Company, Ltd. by deed of record in
Instrument No. 199712290177374, being the TRUE POINT OF BEGINNING
of the herein described tract;
thence along the west line of said 1.739 acre tract and the east line of said 1.033
acre tract North five degrees thirty-one minutes forty-seven seconds West
(NOS°31'47"W) for sixty-six and 00/100 feet (66.00') to a point;
thence across said 1.739 acre tract North eighty-four degrees twenty-five minutes
thirty-four seconds East (N84°25'34"E) for one hundred fifty and 00/100 feet
(150.00') to a point in the east line of said 1.739 acre tract and the west line of a
1.033 acre tract as conveyed to Capital City Lodge Temple Corporation by deed
of record in Official Record 31707 E-03;
thence along the east line of said 1.739 acre tract and the west line of said 1.033
acre tract South five degrees thirty-one minutes forty-seven seconds East
(SOS°31'47"E) for sixty-six and 00/100 feet (66.00') to the southeast corner of
said 1.739 acre tract and the southwest corner of said 1.033 acre tract also being
in the centerline of said Tuttle Road and the north line of a 1.000 acre tract as
conveyed to Judy Lee Corbett and Duane R. Corbett by deed of record in Deed
Book 3086, Page 233;
thence along the south line of said 1.739 acre tract, the north line of said 1.000
acre tract and said 1.091 acre tract, and the centerline of said Tuttle Road South
eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W)
for one hundred fifty and 00/100 feet (150.00') to the TRITE 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.
The Franklin County Auditor's Office carries the affected tract as a 1.73 acre
tract with Parcel No. 273-005429-00.
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 Official Record 10016 I-11,
Recorder's Office, Franklin County, Ohio.
'~~~~~~~YO~~/1
oolpert, nc. ~~~~P~E OF p~,~'-,
~' S ~sw"""~;o O
`•. ~ _ ~ ~ ~ -G
~ ~'' ST~~~~ °
~1~s~ ~ vv~e~~a~ ~ ~
~
5,~-; T ~ . as ~
P~E'~~LL =
Steven W. Newell
" ~D i ~Y :
Ohio Professional Surveyor #721 ~, O S ~S-~4~ 4 ,O
: .~
~GQ.t 5 G~ i 6
;
FS~STER~~ ,~.`
S
'•.
~ C~~ ~~ S~ta9
,,~~
~O~A L Sv
~~,
DESCRIPTION VERIFIED
DEAN C. RINGIE. P.E.P.S.
HY:~__
DAT~:_~__
ATTACHMENT A
PARCEL 11-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 1.739 acre tract as conveyed
to Samuel L. Stine and Susan C. Stine by deed of record in Official Record
11016 I-11 (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 southwest comer of said 1.739 acre tract also
being in the centerline of Tuttle Road (Tuttle Road Sta. 20+23.98, 0.00 feet left);
thence along the west line of said 1.739 acre tract North five degrees thirty-one
minutes forty-seven seconds West (NOS°31'47"W) for sixty-six and 00/100 feet
(66.00') to the TRUE POINT OF BEGINNING (Tuttle Road Sta. 20+24.03,
66.00 feet left) of the herein described easement;
thence continuing along the west line of said 1.739 acre tract North five degrees
thirty-one minutes forty-seven seconds West (NOS°31'47"W) for twenty and
00/100 feet (20.00') to a point (Tuttle Road Sta. 20+24.04, 86.00 feet left);
thence across said 1.739 acre tract North eighty-four degrees twenty-five minutes
thirty-four seconds East (N84°25'34"E) for one hundred fifty and 00/100 feet
(150.00') to a point in the east line of said 1.739 acre tract (Tuttle Road Sta.
21+74.04, 86.00 feet left);
thence along the east line of said 1.739 acre tract South five degrees thirty-one
minutes forty-seven seconds East (SOS°31'47"E) for twenty and 00/100 feet
(20.00') to a point (Tuttle Road Sta. 21+74.03, 66.00 feet left);
thence across said 1.739 acre tract South eighty-four degrees twenty-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 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.
The Franklin County Auditor's Office carves the affected tract as a 1.73 acre
tract with Parcel No. 273-005429-00.
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 Official Record 11016 I-11,
Recorder's Office, Franklin County, Ohio~~.•~'''~~~°"''~~.,.
,~~g~P~E OF ph,~o •,,,
.•
W olpert, Inc = STEVEN
# ,~
WAYNE
(`X~~~°I~bt~ p NEWELL ~
Steven W. Newell O S'~~ Q b
F ~,
Ohio Professional Surveyor #7212 ~%~FSS~O ~ TERS~QI,y'~:; •'
NA ~
'~,
~°~rr ~e ~f~~or•
1 ~~ ~'~~~~~~~
~ ~ ~~~ a~ ~~~.
~~~~~~
5soo i~a = nun, o~ ~a~a--tee
!?bane (~1~}41~f-460f1 ~ lax (614)761-~a46
~:: s~'av
..«:- i ~~r^:~
_. _. ..
,~
t ?4'
.._P Ya:i'~.. t.
EXHIBIT
R/W AND EASEMENT
TUTTLE CROSSING BLVD.
DUBLIN, OH.
_. _.
S tib4 ~'
i - ReSN~ 6 Bn.i:~C
I
~ '~'_
$taN r c E; 8
_. ____
,._._
! rDd 1f G
li~~ A
:73
1 n,~
__ ~^ .:~
~i< ;
.. - rr f ~ ,.~ _ _ _
f :53 :. k t~:.:"~i7
' h'a C.6M'~ , , A.~MA~27'
~i,,,y
,~~~
._
~r ~~
...
..
uaw E '~
__
f"
;
i
r
~
.~
K~. __
~ ,
z '. ~ ,~
_
. _ G~~
yic> ..
r ~.. r ~ ~6P ~ _
~ ~
"` Nala',L ! c
..
_
_
..
.
. _ , :
He
.
. i
___ _..... h...
~
_.
~
_
..
.....
_
.
... .. ..
--~ ... .. _
.
%.. `~ Pt' `
1 yam.
1
.,
~.
,,
.. ~~ ~~
,
~
k } ~
"
~ ~i
~ - ~- 3+.APq_E •L`6~
K~*
at-LN~4P~E'
~
t ,~,+.. MA°_r x
. a A
. ,
1
,
~
t^ ~
~~
K%~
J ~r"n.r'' 'v, l
~'
t
~
~~ t
~ ...: I~
.r 47
~~.
.
«. a.,. _ ~ _ _
., a
..
~. _
ti ~3J
..
r, _
~ 4
~
~..._
a
~'-~
~
....~
r'c~,s~
-~
~' "a ~i wr! ~ ....,~
3
~
~ ~
a~
~`.. t
°' ' ~~
~
.~d 5 ~ S
.. R
AL.CW $1:.~ -~'
~rt~
-' 1
0 ~
~Sa ,~ e, c, ~
~G`.
' ~ f }-
" I
J ~~
. .
~_. _....
._ .. _ j~
, t
y
~ 1
., ~t ., .,_ _ ._ f mot, ..
~~
_ h
~
_ ~
t
~ r
~
-_
R ,~ -<~
--~ ~
-,- ~_ _~, h ~ _. ._
~ _ F.
_ _ ! z
,~
~.
+ -
1
f
1
.
` J ~
1 =d~
\
~
.. _
i _ _ _
,,~. ~.S is ~ 1 i ~' t-.~.~E~`3JT A',;_,~.. ~~.`"~,=~ ~:CF:y~
m. ~t -~, f( r!a~yy
~1, ~5r:~r ' ~' k 1~ 7 ~ . ~. ~s ~i, ~ . ~ ;`i'^C ._ ::4. ~ V "~.. Ii' J ! a Si A9 " ~ - :~ - Yt! f~4. ~ . Y i_ . . _..2 .s T~; 4. ~~
.._~'i,.P~~. +"~. .7 ~~'~.f+, ~..` r-a ~i ~'~J+7. ~'. iJ `5. `.U .. jM'!.[-... '~141,~~.. ~I n,r i''.' N. ...:`~~.
t3RAY~N CHECKEQ DATA: Jp6 N0. r`~~ ~#f! . r r; ~ - ~;-_. %~v~~` `` _ ,..~''..~~` ~ ~~ i !'-~'t '.
JLR KSR {~~/30/Q7
~.~~~ srx ,~.~ c«,a ea.~.~ ~,,s Esc cr~+rp.~on.a~,r, 7 sazraa ;*p., xa~.a~:sso