43-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No 30043
Ordinance No
1
D
1
43 -07 Passed 20
AN ORDINANCE APPROPRIATING 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 CAPITAL CITY LODGE TEMPLE
CORPORATION, LOCATED ON THE NORTH SIDE OF
TUTTLE CROSSING, COUNTY OF FRANKLIN, STATE
OF OHIO, APPROPRIATING FUNDS THEREFOR, AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin ( "City "), in cooperation with Franklin County and
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 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 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 project.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, of the elected members concurring, that:
Section 1. A fee simple interest and an easement for utilities in and to the premises
located in the City of Dublin, Franklin County, State of Ohio, and more fully
described in the legal description attached hereto as Exhibit "A" is hereby
appropriated for the public purpose of improving Tuttle Crossing Boulevard from
Emerald Parkway to Wilcox Road, pursuant to Ohio Revised Code Chapter 163 and
the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interest appropriated at Sixty -Two
Thousand Three Hundred Seventy -Eight Dollars and 00 /100 Cents ($62,378.00)
which sum shall be deposited with the Franklin County Common Pleas Court for the
use and benefit of the owners of the property appropriated as their interests 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 Franklin County Common Pleas Court, to have a jury impaneled to assess the
compensation to be paid for the real estate herein described above.
Section 5. There be appropriated from the Capital Improvements Tax Fund Sixty -
Two Thousand Three Hundred Seventy -Eight Dollars and 00 /100 Cents ($62,378.00)
to Account No. 401 - 0314 - 780 -2550 for the purpose of paying all costs incident to
such acquisition.
Section 6. 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 Tuttle Crossing Boulevard from Emerald
RECORD OF ORDINANCES
Dayton Legal Blank,lnc Form No 30043 1
Ordinance No.
1
1
43 -07
Passed Page 2 20
Parkway to Wilcox Road is necessary to improve traffic circulation and relieve traffic
congestion for the citizens of Dublin. Therefore, this ordinance shall go into
immediate effect.
Passed this day of _, 2007.
Mayor — Presiding Officer
ATTEST:
64Z'�� 6-
C�
Clerk of Council
T SCHOTTENSTEIN
ZOX &DUNNw.,,.
MEMORANDUM
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 26, 2007
RE: Ordinance No. 43 -07 - Capitol City Lodge Property
(Tuttle Crossing Boulevard widening)
INTRODUCTION
This Ordinance is a follow -up to the Resolution passedby Council at the June 18, 2007 meeting.
By way of background, the Resolution authorized the City to pursue all the necessary legal
requirements to review the possible appropriation of the Capitol City Lodge property. The
purpose of this Ordinance is to authorize the Law Department to pursue an eminent domain
action in the appropriate Court of Common Pleas if through good faith negotiations the City
cannot settle with the landowner.
iWIN"]01aMXGK"1118lucir
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 "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 on the north side of Tuttle Crossing Boulevard.
This memorandum discusses the partial take from Capitol City Lodge — a 0.227 acre, more or
less, fee simple interest (with 0.103 acre, more or less, present road occupied) and a 0.069 acre,
more or less, easement for utilities. There are additional ordinances before Council concerning
other property involved in this project. The remaining property owners are the following: the
Stilles, United Dairy Farmer, Inc., the Geases, BED Development Co., BRE /ESA P Portfolio
LLC., and Anita Joye Realty.
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.
June 27, 2007
Ord 43 -07 Land Appropriation — Capital City Lodge
Page 2 of 2
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. Mr. Howard has presented the offer of compensation to Capitol City Lodge.
Capitol City Lodge declined the offer. Therefore, an agreement cannot be reached. As such, we
prepared this ordinance authorizing the City, through the legal department, to proceed with
litigation in which the compensation to the landowner will be determined.
RECOMMENDATION:
Legal Staff and the Division of Engineering recommend approval of Ordinance No. 43 -07.
ATTACHMENT A
PARCEL 13 -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 1.033 acre tract as conveyed to Capital City
Lodge Temple Corporation by deed of record in Official Record 31707 E -03 (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 railroad 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 seven hundred forty -five and 67/100 feet (745.67') to the
southwest corner of said 1.033 acre tract and the southeast corner of said 1.739
acre tract as conveyed to Samuel L. Stille and Susan C. Stille by deed of record
in Official Record 10016 I -11, being the TRITE POINT OF BEGITNVING of
the herein described tract;
thence along the west line of said 1.033 acre tract and the east line of said 1.739
acre tract North five degrees thirty-one minutes forty-seven seconds West
(N05'3 1'47"W) for sixty -six and 00 /100 feet (66.00') to a point;
thence across said 1.033 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 1.033 acre tract and being the
southwest corner of a 1.739 acre tract as conveyed to B.E.D. Development Co.
by deed of record in Official Record 21523 I -11 and the Northwest corner of a
0.454 acre tract as conveyed to The City of Dublin in instrument
#199709170094933;
thence along the east line of said 1 -033 acre tract, also being the westerly line of
said 0.454 acre tract, South five degrees thirty -one minutes forty - seven seconds
East (S05'3 l'47E) for sixty -six and 00 /100 feet (66.00') to the southeast comer
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 Duane Richard Corbett and Judy
Lee Corbett by deed of record in Deed Book 2901, Page 331;
thence along the south line of said 1.033 acre tract, the north line of said 1.000
acre tract and a 1.000 acre tract, and the centerline of said Tuttle Road South
eighty-four degrees twenty -five minutes thirty -four seconds West (SS4 °25'34 "W)
for one hundred fifty and 00 /100 feet (150.00') to the TRUE POINT OF
BEGIlYiNFLVG, 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 descn - bed 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 -03 acre
tract with Parcel No. 273 - 005432 -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 31707 E -03,
Recorder's Office, Franklin County, Ohio.
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ATTACHMENT A
PARCEL 13 -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 1.033 acre tract as conveyed
to Capital City Lodge Temple Corporation by deed of record in Official Record
31707 E -03 (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 corner of said 1.033 acre tract also
being in the centerline of Tuttle Road (Tuttle Road Sta. 21 +73.98, 0.00 feet left);
thence along the west line of said 1.033 acre tract North five degrees thirty -one
minutes forty -seven seconds West (N05 °31'47 "W) for sixty -six and 00 /100 feet
(66.00') to the TRUE POINT OF BEGINNING (Tuttle Road Sta. 21 +74.03,
66.00 feet left) of the herein described easement;
thence continuing along the west line of said 1.033 acre tract North five degrees
thirty -one minutes forty -seven seconds West (N05 °31'47 "W) for twenty and
00 /100 feet (20.00') to a point (Tuttle Road Sta. 21 +74.04, 86.00 feet left);
thence across said 1.033 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 1.033 acre tract (Tuttle Road Sta.
23 +24.04, 86.00 feet left);
thence along the east line of said 1.033 acre tract South five degrees thirty -one
minutes forty -seven seconds East (S05 °3147 "E) for twenty and 00 /100 feet
(20.00') to a point (Tuttle Road Sta. 23 +24.03, 66.00 feet left);
thence across said 1.033 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 carries the affected tract as a 1.03 acre
tract with Parcel No. 273 - 005432 -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 31707 E -03,
Recorder's Office, Franklin County, Ohio. ,
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STEVEN
V�/AYNE
NEWELL
Steven W. Newell 5-741 iQ
Ohio Professional Surveyor #7212 :�%:
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CITY OF DUBLIN
PREPARED BY THE CITY OF DUBLIN,
ENGHWERING
5800 Shier Riggs Rood • DuWhk Ohio 43016-1236
Phwe (614)410-4600 * Fax (614)761-65M
EXHIBIT
R/W AND EASEMENT
TUTTLE CROSSING BLVD.
DUBLIN, OH.
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EXHIBIT
R/W AND EASEMENT
TUTTLE CROSSING BLVD.
DUBLIN, OH.
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EXHIBIT
R/W AND EASEMENTS
TUTTLE CROSSING BLVD.
DUBLIN, OHIO
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= INDICATES TEMPORARY EASEMENT AREA
= INDICATES UTILITY EASEMENT AREA.
INDICATES AREA OF EXISTING RIGHT -OF -WAY.
INDICATES AREA OF PROPOSED RIGHT -OF -WAY,
NOT TO SCALE