49-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No 30043
Ordinance No. 49 -07
Passed
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AN ORDINANCE APPROPRIATING A 0.069 ACRE, MORE OR
LESS, UTILITY EASEMENT, FROM BRE /ESA P PORTFOLIO
LLC., 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 0.069 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 RESOLVED by the Council, of the City of Dublin, State of
Ohio, _ of the elected members concurring that:
Section 1. 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 Nine Thousand Six
Hundred Seventy -Seven Dollars and 00 /100 Cents ($9,677.00) 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 Nine Thousand
Six Hundred Seventy -Seven Dollars and 00 /100 Cents ($9,677.00) to account 01- 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 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:
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. 49 -07 - BRE /ESA P Portfolio LLC. 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 BRE/ESA P Portfolio LLC 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.
i W IN"] 01 a MXG K" 11181001 e
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 BRE /ESA P Portfolio LLC. (`BRE /ESA ") — 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., 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 completionin mid -2008.
June 27, 2007
Ord. 49 -07 Land Appropriation — BRE /ESA P Portfolio
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 BRE /ESA. BRE /ESA has
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 49 -07.
ATTACHMENT A
PARCEL 17 -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 1.770 acre tract as conveyed
to Homegate Hospitality, Inc. by deed of record in Instrument No.
199709170094939 (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:
Beginning at the southwest corner of said 1.770 acre tract also being in the north
right -of -way line of Tuttle Road (Tuttle Road Sta. 24 +74.03, 66.00 feet left);
thence along the west line of said 1.770 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. 24 +74.04, 86.00 feet left);
thence across said 1.770 acre tract North eighty -four degrees twenty -five minutes
thirty -four seconds East (N84 0 25'34 "E) for one hundred fifty and 00 /100 feet
(150.00') to a point in the east line of said 1.770 acre tract (Tuttle Road Sta.
26 +24.04, 86.00 feet left);
thence along the east line of said 1.770 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 at the southeast corner of said 1.770 acre tract also being in the
north right -of -way line of said Tuttle Road (Tuttle Road Sta. 26 +24.03, 66.00
feet left);
thence along the south line of said 1.770 acre tract and the north right -of -way line
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 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 1.77 acre
tract with Parcel No. 273 - 008240 -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 Instrument No
199709170094939, Recorder's Office, Franklin County, Ohio.
Wopipert, Inc. �ZE OF
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STEVEN
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Steven W. Newell Z NEWEL. or
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PREPARED BY THE CITY OF DUBLIN,
ENGINEERING
OF DUBLIN
MOD Shier Rings Road • Dublin. Ohio 43016-I236
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