39-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No. 30043
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Ordinance No. 39 -07 Passed 20
AN ORDINANCE AUTHORIZING THE PURCHASE OF A
0.654 ACRE, MORE OR LESS, FEE SIMPLE INTEREST,
FROM NORMA KAISER, LOCATED ON AVERY ROAD,
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF
OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin ( "City ") is preparing to construct certain
improvements and road widening on Avery Road to improve traffic circulation within
that area; and
WHEREAS, said improvements require the City to obtain a fee simple interest in and
to the premises, as described in attached Exhibit "A ", located within the City of
Dublin, Ohio, and
WHEREAS, the City desires to enter into an agreement to purchase a 0.654 acre,
more or less, fee simple interest for the road improvements to Avery Road in the
amount of $150,000.00.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Franklin, Delaware and Union Counties, State of Ohio, of the elected members
concurring, that:
Section 1 . The City Manager is hereby authorized to execute a Real Estate Purchase
Contract and any necessary closing documents related to the acquisition of the 0.654
acre, more or less, fee simple interest and pay any related costs.
Section 2 . 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 Avery Road is necessary to improve
traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore,
this ordinance shall go into immediate effect upon passage.
Mayor - Presiding Officer
Passed this L 1 64 4 day of ' 2007.
ATTEST:
o
Clerk of Council
ATTORNEY - CLIENT MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
Philip Hartmann, Assistant Law Director
Tricia Clarke Bell
Lesley Avery
DATE: May 31, 2007
RE: Land Purchase - 5505 Avery Road
Ordinance No. 39 -07
PROJECT BACKGROUND:
The City will be undertaking road improvements to the Avery /Avery - Tuswell Road and
construction of a roundabout project in the upcoming 2007/2008 construction season. This
project involves several landowners, namely Sharon Upperman, Stonehenge Company, Thane
Thatcher, Steven Marcus, Michael Blue, Timothy Whalen/Empire Foods, Norma Kaiser, and the
Swope property. The Upperman, Stonehenge, and Swope right -of -way acquisitions are
completed. The Ordinance before Council concerns the Norma Kaiser property.
ACQUISITION DETAILS:
In an effort to coordinate the improvements to Avery /Avery - Tuswell Road, this project requires
a total take of a 0.654 acre parcel, more or less, located at 5505 Avery Road, Dublin, Franklin
County, Ohio (the "Property ") from Norma Kaiser, which she has agreed to sell to the City.
Since early 2007, the Law Director's Office has been in contact with the Norma Kaiser and her
attorney to negotiate the acquisition of the Property. Negotiations have been successful and
Norma Kaiser is willing to sell the Property to the City.
Norma Kaiser signed the purchase contract for the sale of the Property on May 23, 2007 (the
"Agreement "). The major terms of the Agreement are outlined below:
• The sale price is One Hundred Fifty Thousand Dollars ($150,000.00), representing the
appraised value of the Property.
• The City can choose to terminate the Agreement within sixty (60) days of May 23, 2007
if it does not receive approval of the City Council for the purchase of the Property, if it is
not satisfied with the physical condition of the improvements to the Property, or if it
May 31, 2007
Ord. 39 -07 — Land Purchase — Kaiser
Page 2
determines that its intended development of the Property is not economically or
physically feasible.
• The City will pay for the owner's policy of title insurance and may object to any title
defects.
• The closing will take place thirty (30) days after the date the City waives the
contingencies.
• The City is entitled to possession of the Property as of closing.
RECOMMENDATION:
In order to keep this project on the appropriate timeline, Legal staff requests this Ordinance be
passed by emergency at the June 4 Council meeting.
EXHIBIT "A"
PROPERTY DESCRIPTION
Situated in Virginia Military Survey No. 3004, and being a 0.654 acre
tract of land, bounded and described as follows:
From the intersection of the centerlines of Avery Road and Rings Road, said
point being the southeast corner of Clarence E. and Wanda L. Pulscher 3.784
acre tract (Deed Book 2564, Page 184);
thence S. 81 0 45' W. along the centerline of Rings Road a distance of 180.63
feet to a railroad spike;
thence N 8 0 14' W. a distance of 195.96 feet to the points of beginning
(passing over an iron pin at 30.0 feet). From said point of beginning
continue N 8 14 W 160.01 feet to an iron pin;
thence N 81 °12' E. a distance of 177.38 feet to a cement nail in the
centerline of said Avery Road (passing over an iron pin at 147.38 feet);
thence S 8 0 48' E. along the centerline of said Avery Road a distance of
160.00 feet to a point;
thence S 81 0 12' W. a distance of 178.96 feet to the point of beginning,
containing 0.654 acres, more or less.
�Qr CITY OF DUBLIN G.I INFO.
_ FI AR® BY THE CITY OF DUBWN. EXHIBIT
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