Loading...
04-08 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 04-08 Passed . 20 ~ AN ORDINANCE AUTHORIZING THE PURCHASE OF A FEE SIMPLE INTEREST IN A 0.557 ACRE TRACT, MORE OR LESS, LOCATED ON AVERY ROAD, FROM DEE ANN GOEBEL, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, APPROPRIATING FUNDS AND DECLARING AN EMERGENCY. WHEREAS, the City has future plans to widen and improve Avery Road; and WHEREAS, based on the Preliminary Alignment Study dated November 22, 1996, the future alignment of the widened Avery Road will require the City to acquire the property at 5527 Avery Road; and WHEREAS, the owner of 5527 Avery Road, Dublin contacted the City of Dublin expressing their desire to .sell their property; and WHEREAS, the City desires to enter into an agreement to purchase a 0.552 acre, more or less, fee simple interest for the future construction of the realignment and road improvement for Avery Road for the price of $165,000.00; and WHEREAS, said purchase requires the City to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding authorization for the acquisition of the property. 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 authorized to execute a Real Estate Purchase Contract and any necessary closing documents related to the acquisition of the 0.552 acre, more or less, fee simple interest and pay any related costs. Section 2. There be appropriated from the unappropriated balance in the Capital Improvements Tax Fund the amount of $165,000 to account 401-0314-780-2550 (Project #ET0107) for the purpose of acquiring the property. Section 3. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is to ensure that the City may promptly conduct a real estate closing for the property in order to take immediate possession of the premises upon vacation by the landowner and to begin the facilitation of the realignment and road improvement for Avery Road. Therefore, this ordinance shall go into immediate effect. P ssed this ~~ day of , 2008. it ~ ~ '~ ~~ u Mayor -Presiding Officer ATTEST: Clerk of Council ~~SCHOTTENSTEIN ZOX& DU N N ~~,.~F;, MEMORANDUM TO: Dublin City Council , Jane S. Brautigam FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Stephen J. Smith, Law Director DATE: January 17, 2008 RE: Ordinance 04-08 Land Purchase -Dee Ann Goebel Property, 5527Avery Road SUMMARY: The City of Dublin ("City") has future plans to widen and improve Avery Road ("Project"). Based on the Preliminary Alignment Study dated November 22, 1996, the future alignment of the widened Avery Road will require the City to acquire the property at 5527 Avery Road ("Property"). Ms. Dee Ann Goebel owns the Property and contacted the City expressing her desire for the City to purchase her Property due to the anticipated Project. This memorandum discusses the acquisition of the Property and the details of the purchase agreement. ACQUISITION DETAILS: The acquisition of this Property requires the purchase of a fee simple interest in the 0.552 acre parcel, more or less, located at 5527 Avery Road, Dublin, Franklin County, Ohio (the "Property") from Ms. Goebel, which she has agreed to sell to the City in furtherance of the Project. The Legal Department contacted an appraiser (Tom Horner) who provided a valuation report of the Property. The Property appraised for One Hundred Sixty Five Thousand Dollars ($165,000.00). The Legal Department contacted Ms. Goebel to negotiate the acquisition of the Property. Negotiations were successful and Ms. Goebel is willing to sell the Property to the city. Ms. Goebel signed the Real Estate Purchase Agreement for the sale of the Property on January 4, 2008 (the "Agreement"). The major terms of the Agreement are outlined below: • The sale price is One Hundred Sixty-Five Thousand Dollars ($165,000.00), representing the appraised value of the Property. • The closing will take place after five (5) days' notice to Ms. Goebel that the City is prepared to close on the property. Memo re Ord. 04-08 -Land Purchase -Goebel Property January 17, 2008 Page 2 of 2 • The City is entitled to possession of the Property after Ms. Goebel vacates the premises. The City will allow Ms. Goebel to remain on the premises until December 1, 2008. Thereafter, the City shall be entitled to a Five Hundred Dollar ($500.00) monthly fee if Ms. Goebel remains on the Property. RECOMMENDATION: The Legal Department and Division of Engineering recommend approval of Ordinance 04-08. In order to close on the Property in a timely manner, we are requesting Council dispense with the public hearing and approve the ordinance by emergency at the January 22, 2008 meeting. -- -- - - Ora! 4 ~- Q g • EXHIBIT "A" Heing part of Virglnie Hilitary Survey Number 3004 more particularly described ae follower and being Beginning nt nn iron °f Avery Road and pin pen In tha intereection of khe centerllnes southwest corner of ('larenced~ snid point of beginning being the tract (peed 2564, $' and .Wanda L. Fiilscher 3.784 Hera centerline of said 79~eer e4) ) thence N. 8 deg, 4B• H, cement Hall S. 81 dead a distance of 197.65 along the to en ) thence feet to iron in q• 1~ w• a dlatance of 178, e P (passing over an lron pin at 30,0 96 feet S, 6 deg' 14' R• n distance of 195.96 feet 0 feet); thence conterline of Rings Rond to en iron Rln tH , thence N. 81 deb 45Paeslnq over an iron pin iet i30 t00 9 Roed, a distance of lgp B' along tha said centerline of °f beglnning, containing 0.81226acreBt more or less.in~ tFte point DIIDF qt t of °~~°°" ~.~~ . ~~'~~) ~nh,.s. En ' (,,~ Data: T OI w ~ Joseph W. Testa, Franklin County Auditor ~rol. D~-D ~ Joseph UV. Testa '.. - ¢ auditor, Franklin Counter, Ohio GeograpFiic Irtformat~on System PID: 274-000066 Goebel Deeann 5527 Avery Rd Dublin, OH 43002 Image Date: Thu Sep 6 08:29:01 2007 Disclaimer This map is prepared for the real property inventory within this county. It is compiled from recorded deeds, survey plats, and other public records and data. Users of this map are notified that the public primary information source should be consulted for verification of the information contained on this map. The county and the mapping companies assume no legal responsibilities for the information contained on this map. Please notify the Franklin County GIS Division of any discrepancies.