47-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No 30043 1
Ordinance No.
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47 -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 OCCUPIEDI AND 0.069 ACRE, MORE
OR LESS, UTILITY EASEMENT, FROM SAMUEL L. AND
SUSAN C. STILLE, LOCATED ON THE NORTH SIDE OF
TUTTLE CROSSING BOULEVARD, COUNTY OF FRANKLIN,
STATE OF OHIO 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.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, --7— 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 Fifty -One
Thousand Three Hundred Seventy Dollars and 00 /100 Cents ($51,370.00) 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. 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
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 Ah of day of , 2007.
1�
Mayor — Presiding Officer
ATTEST:
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. 47 -07 - Stille 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 Stille 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"]01aMXGeee:t8lucie
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 Samuel L. and Susan C. Stille — a 0.227 acre,
more or less, fee simple interest for right -of -way (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: United Dairy Farmer, Inc., the Geases, BED Development Co.,
BRE/ESA P Portfolio LLC., Anita Joye Realty and Capitol City Lodge.
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. 47 -07 Land Appropriation — Stille Property
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 Samuel L. and Susan C.
Stille. They 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 47 -07.
{x0946269.1 }
ATTACHMENT A
PARCEL 11 -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 1.739 acre tract as conveyed to Samuel L. Stille
and Susan C. Stille by deed of record in Official Record 10016 I -11 (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 five hundred ninety -five and 67/100 feet (595.67') to the
southwest corner of said 1.739 acre tract and the southeast corner of a 1.033 acre
tract conveyed to The Anita Joye Realty Company, Ltd. by deed of record in
Instrument No. 199712290177374, being the TRUE POINT OF BEGINNING
of the herein described tract;
thence along the west line of said 1.739 acre tract and the east line of said 1.033
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 1.739 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 1.739 acre tract and the west line of a
1.033 acre tract as conveyed to Capital City Lodge Temple Corporation by deed
of record in Official Record 31707 E -03;
thence along the east line of said 1.739 acre tract and the west line of said 1.033
acre tract South five degrees thirty-one minutes forty-seven seconds East
(S05'3 1'47"E) for sixty -six and 00 /100 feet (66.00') to the southeast corner of
said 1.739 acre tract and the southwest corner 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 Judy Lee Corbett and Duane R. Corbett by deed of record in Deed
Book 3086, Page 233;
thence along the south line of said 1.739 acre tract, the north line of said 1.000
acre tract and said 1.091 acre tract, and the centerline of said Tuttle Road 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 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 described 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 1.73 acre
tract with Parcel No. 273 - 005429 -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 10016 I -11,
Recorder's Office, Franklin County, Ohio.
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oolpert, nc. ����P�E OF p
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STEVEN
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Steven W. Newell PEE 'ELL
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Ohio Professional Surveyor #721 a O S S-7412
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DESCRIPTION VERIFIED
DEAN C. RINGLE. P.E.Y.S.
By: f
ATTACHMENT A
PARCEL 11 -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 1.739 acre tract as conveyed
to Samuel L. Stille and Susan C. Stille by deed of record in Official Record
11016 I -11 (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 comer of said 1.739 acre tract also
being in the centerline of Tuttle Road (Tuttle Road Sta. 20 +23.98, 0.00 feet left);
thence along the west line of said 1.739 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. 20 +24.03,
66.00 feet left) of the herein described easement;
thence continuing along the west line of said 1.739 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. 20 +24.04, 86.00 feet left);
thence across said 1.739 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 1.739 acre tract (Tuttle Road Sta.
21 +74.04, 86.00 feet left);
thence along the east line of said 1.739 acre tract South five degrees thirty -one
minutes forty -seven seconds East (S05 °31'47 "E) for twenty and 00 /100 feet
(20.00') to a point (Tuttle Road Sta. 21 +74.03, 66.00 feet left);
thence across said 1.739 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 1.73 acre
tract with Parcel No. 273 - 005429 -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 11016 I -11,
Recorder's Office, Franklin County, Ohio.,,o °
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W olpert, Inc = STEVEN
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NEWELL
Steven W. Newell O
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Ohio Professional Surveyor #7212 FSS/O NA TERS ;
° err e rf°�or•
CITY OF DUBLIN
PREPARED BY THE CITY OF DUBUN,
ENGH4KERMG
5800 Mder Riap Road 0 DuNin Ohio 4=-=6
Phone (614)410-4600 * Fax (614)761-6506
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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