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.
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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
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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
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(,,~ Data: T OI
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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
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