64-07 OrdinanceRECORD OF ORDINANCES
I Dayton Legal Blank, Inc Form No 30043
1
1
Ordinance No.
64 -07
Passed 20.
AUTHORIZING THE PURCHASE OF A 0.112 ACRE, MORE
OR LESS, UTILITY EASEMENT, FROM UNITED DAIRY
FARMERS, INC., L OCATED 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 0.112 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;
WHEREAS, the City desires to enter into an easement agreement for the a 0.112 acre,
more or less, utility easement in and to the premises located in the City of Dublin,
Franklin County, Ohio for the widening of Tuttle Crossing Boulevard for $15,708.00.
NOW, THEREFQRE, BE IT ORDAINED by the Council, of the City of Dublin,
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 0.112
acre, more or less, utility easement and paying 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 to Tuttle Crossing Boulevard 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 day of 2007.
Mayor - Presiding Officer
ATTEST:
Clerk of Council
1
T SCHOTTENSTEIN
ZOX &DUNNw.,,.
MEMORANDUM
TO
Dublin City Council
Jane S. Brautigam, City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM
Stephen J. Smith, Law Director
DATE:
August 2, 2007
RE:
Ordinance 64 -07 Land Purchase (UDF Property)
(Tuttle Crossing Boulevard Widening)
INTRODUCTION
This Ordinance is a follow -up to the Resolution passed by Council at the June 18, 2007 meeting
and the Ordinance passed by Council at the July 2, 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 United Dairy Farmer ( "UDF ") Property. The Ordinance was 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 could not settle with the landowner.
As of July 17, 2007, the negotiator has settled this matter and this Ordinance is to authorize the
City Manager to enter into a Real Estate Purchase Contract with the landowner.
PROJECT BACKGROUND
The City, in cooperation with the City of Columbus and Franklin County, is preparing to widen
Tuttle Crossing Boulevard from Emerald Parkway to Wilcox Road to improve related traffic
circulation. The 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 UDF acquisition — 0.112 acre, more or less, utility easement in
and to the premises located in the City of Dublin on the north side of Tuttle Crossing Boulevard.
ACQUISITION DETAILS:
Since the year 2006, the Law Department has been in contact with the landowners to negotiate
the required property acquisitions. All appraisals have been completed and the Law Department
engaged M/E Company (Mr. Chris Howard) to negotiate the acquisitions with the landowners.
Mr. Howard presented an offer to UDF for a compensation amount of Fifteen Thousand Seven
8 -02 -07
Ordinance 64 -07
Page 2 of 2
Hundred Eight Dollars and No Cents ($15,708.00), as determined by the City's appraiser. UDF
has accepted this offer. The Law Department has prepared this ordinance authorizing the City
Manager to enter into a real estate purchase contract with the landowner. Therefore, litigation
will not commence in regards to this property.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 64 -07.
{H09132] 8 1 }
ATTACHMENT A
PARCEL 1 -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. 3004, City of Dublin, County of Franklin,
State of Ohio, and being an utility easement over a 2.160 acre tract as conveyed
to United Dairy Farmers, Inc. as recorded in Instrument No. 200002110029232
(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 2.160 acre tract also being the
intersection of the north right -of -way line of Tuttle Road and the east right -of-
way line of Wilcox Road as recorded in Plat Book 75, Page 45-46 (Tuttle Road
Sta. 10 +79.99, 69.00feet left);
thence along a west line of said 2.160 acre tract and the east right -of -way line of
said Wilcox Road North fifty degrees six minutes fifty -one seconds West
(N50 °06'51 "W) for twenty-one and 05 /100 feet (21.05') to a point (Tuttle Road
Sta. 10 +65.23, 84.00 feet left);
thence across said 2.160 acre tract North eighty-four degrees twenty-five minutes
thirty -four seconds East (N84 °25'34 "E) for three hundred thirty -three and 07/100
feet (333.07') to a point (Tuttle Road Sta. 13 +98.31, 84.00 feet left);
thence along an east line of said 2.160 acre tract and the west right -of -way line of
Old Wilcox Road as shown in Plat Book 75, Page 45 -46 South five degrees
thirty-four minutes thirty-three seconds East (S05 °34'33 "E) for fifteen and
00 /100 feet (15.00') to a point in the north right -of -way line of said Tuttle Road
and the south line of said 2.160 acre tract (Tuttle Road Sta. 13 +98.31, 69.00 feet
left);
thence along the north right -of -way line of said Tuttle Road and the south line of
said 2.160 acre tract South eighty-four degrees twenty-five minutes thirty-four
seconds West (S84 °25'34 "W) for three hundred eighteen and 31/100 feet
(318.31') to the POINT OF BEGINNING, containing zero and 112/1000
(0.112) 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 0.112 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 2.16 acre
tract with Parcel No. 273 - 010209 -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.
200002110029 32, Reco er's Office, Franklin County, Ohio.
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DESCRIPTION VERIFIED
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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