05-08 OrdinanaceRECORD OF ORDINANCES
Dayton Legal Blank, [nc. Form No. 30043 ~
Ordinance No.
OS-Og Passed . 20
AN ORDINANCE TO APPROPRIATE 3.654 ACRES, MORE
OR LESS, (WITH 0.112 ACRES PRESENT ROAD OCCUPIED),
FEE SIMPLE INTEREST, FROM BP EXPLORATION & OIL
INC., LOCATED ON THE SOUTHEAST CORNER OF POST
ROAD AND LIGGETT ROAD, COUNTY OF UNION, STATE
OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin ("City") is preparing to construct road improvements
and reconfigure the US 33/SR 161/Post Road interchange to improve related traffic
circulation; and
WHEREAS, said improvement 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,
Union County, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. Council considers it necessary to appropriate, for the purpose of
constructing road improvements and reconfiguring the US 33/SR 161/Post Road
interchange, a fee simple interest in and to the premises located in the County of
Union, Ohio, and more fully described in the legal description attached hereto as
Exhibit "A".
Section 2. Council hereby fixes the value of the interest appropriated at
$1,100,001.00, which sum shall be deposited with the Union County Common Pleas
Court for the use and benefit of the owners of the property appropriated as their interest
may appear. Upon such deposit, the City of Dublin shall take possession of and enter
upon the property pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that
the City has been unable to agree with the owner of the property as to appropriate
compensation, and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Union County Common Pleas Court and to have a jury impaneled to assess the
compensation to be paid for the real estate herein described above.
Section 5. 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 that the prompt improvement of the US 33/SR 161/Post Road interchange is
necessary to progress traffic circulation and relieve traffic congestion for the citizens of
Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this ~~,~~2` day of , 2008.
N
Mayor -Presiding Officer
ATTEST:
Clerk of Council
~SCHOTTENSTEIN
ZOX~& DU N Nca..«~
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam t I S ~
FROM: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer
Stephen J. Smith, Law Director
DATE: January 17, 2008
RE: Ordinance OS-08 - (BP Exploration and Oil, Inc. Property)
U.S. Highway 33 and State Route161 Interchange Improvement Project
PROJECT BACKGROUND:
The City of Dublin ("City") and the Ohio Department of Transportation ("ODOT") are working
together to make improvements to the US 33/SR 161/Post Road interchange. In improving the
interchange, the City will be undertaking the relocation of Liggett Road to the east. The US
33/SR 161/Post Road interchange and Liggett Road relocation project ("project") requires the
acquisition of either a "partial 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 along the project
route. This memorandum discusses the BP Exploration and Oil, Inc. property ("BP"), located on
the southeast corner of Post Road and Liggett Road, just east of the US 33SR 161/Post Road
interchange improvement.
ACQUISITION INTRODUCTION:
This project requires the acquisition of 3.654 acres, more or less, (0.112 acres, more or less,
present road occupied) fee simple interest from BP. "Present road occupied" basically means
that this property contains an area in which the property owner (BP) holds the underlying fee, but
the land is currently encumbered by an existing highway easement.
ACQUISITION DETAILS:
Since the year 2006, the Law Department has attempted to negotiate the required property
acquisition. The appraisal was completed and the Law Department engaged M/E Company (Mr.
James Howard) to negotiate the acquisition with BP. The appraiser determined the value of the
acquisition to be $1,100,001.00. Negotiations have not been successful and it is necessary to
initiate appropriation proceedings in the Union County Common Pleas Court.
RECOMMENDATION:
The Law Department and the Division of Engineering recommend approval of Ordinance OS-08.
J.654 ACR13
PAGE 1 OF 1
SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLM, VIRGINIA MB.IfARY SURVEY
NUMBER 3152, BEING ALL OF THE REMAB•7DER OF THAT TRACT OF LAND CONVEYED TO THE iOST-
HYLANOS CO. BY DEED OF RBCORD IN DEED BOOK Z44, PAGE 96 AND PART OF THAT TRACT OF LAND
CONVEY® TO THS POST-HYLANDS OD. BY DEED OF RECORD IN DEED HOOK 244, PAGfi 95, ALL
REFERBNCES BEING TO THfi RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO AND MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGIlVNING AT A MAG NAll. SET D4 THE CENIFRUNE OF UGGETT ROAD, LOCATED NORTH D3• SI' 43"
WEST, A DISTANCE OF 327 FEET FROM THE CENTERLINE INTERSECTION OF LIGGETT ROAD AND POST
ROAD, THB NORTHWESTERLY CORNER OF SAID THE POST-HYLANDS CO. TRACT (DEED BOOK 244, PAGE
~S
THENCE SOUTH 74.27' 36" EAST, A DISTANCE OF 10.04 FEET TO A RAH.ROAD SPIKE SET AT AN ANGLE
POiNF IN THE CENTERLNF OF SAID POST ROAD;
THENCE SOUTH 2l • ]6. 10" WEST, A DISTANCE OF 33.59 FEET TO AN IRON PIN SET;
THENCE SOUTH 3Y I S' 4S WEST, A DISTANCE OF 33.IT FEET TO AN IRON PTN SET B4 THE SOUTHERLY
RIGNC-0P-WAY LINE OF SAID POST ROAD;
THENCE WITH SAID SOUTHERLY RIGHT-OF-WAY LINE, THE FOIlOWING COURSES AND DLSTANCES:
WITH THE ARC OP A CURVE TD THE RIGHT (DELTA ~ 14. 12' O8", RADIUS - 730.00 FEET) A CHORD
HEARING AND DISTANCE OF SOUFH 59' tl' 17" EAST, 1!9.76 FEET TO AN IRON PIN SET;
sOUlti Sr 2'/• Ir EAST, A DISTANCE OF 09S.N FEET 1'(3 AN IRON PIN SET AT A POINT OF CURVATURE TO
THE RIGHT, AND
WITH THE ARC OF SAID CURVE (DELTA - IO. 32' 33", RADIUS -600.00 FEET) A CHORD BEARING AND
DISTANCE OF SOUTH 4T 10' SS" EAST, 11024 FEPT TO AN D20N PIN SET;
THENCE NORTH 8T IS' 43" WEST, PARTIAl1Y CROSSAIG SAID THE POST-HYLANDS CO. TRACT (DEED
BOOK 244, PAGE 95) AND PARTIALLY WCM THE NORTHERLY LINE OF THAT TRACT OONVEYED TO S.G.
LAMYERS, LTA BY DEED OF RECORD IN OFFICIAL RECORD 132, PAGE 605, A DISTANCE OF 627.19 FEET
TO AN IRON PIN SET BI THE EASTERLY R1GHT-0F-WAY LINE OF SAID LIGGETT ROAD;
THENCE NORTH 03• SI' 13" WESF, Wl'IH SAID EASTERLY RIGHT-OF-WAY LME, A DISTANCE OF 4?A.11
FEET TO AN IRON PIN SET;
THENCE SOUTH i6.O8' 36" WEST, LEAVING SAID EASTERLY RKiHI-0F-WAY LINE, A DISTANCE OF 20.00
FEET TO A MAG NAIL SET M THE CENTERLINE OP SAID llGGETT ROAD;
THENCE NORM O3' Sl' 43" WEST, WITH SAID CENTERLINE, A DISTANCE OF 99.89 FEET 7'O THE POBfi' OF
BEGRAIINQ CONIAINMG 3.654 ACRES OF LAND, MORE OR LESS, O.I12 ACRE OF WHICH L1E5 WITHIN
THE PRESENTLY OCCUPIED RIGHT-0P-WAY OF POST ROAD.
SUBIECI, HOWEVER TO ALT. LEGAL RK:HTS OF WAYS AND/OR EASEMENTS, ff ANY, OF PREVIOUS
RECORD.
BEARINGS POR THIS DESCRIPTION ARE BASED ON A PORTION OF THE CENTFRI,R4E Of UGGETT ROAD
HAVING A BEARING OP NORTH 03• SI.43" WEST.
A DRAWING OF THLS DESCRIP310N lS ATTACHED HERETO AND MADE A PART THEREOF.
BVANS, MECHWART, HAMBLETON t TB.7'ON, INC.
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MATTHEW A KIRK
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