65-07 OrdinanceRECORD OF ORDINANCES
Day(on Legal Blank, 111L Form No 30043
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1
Ordinance No. 65 -07 Passed . 20.
APPROPRIATING A 0.157 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST, FROM R. STEVEN MARCUS AND
DOROTHY J. MARCUS, LOCATED ON THE WEST
SIDE OF AVERY ROAD, COUNTY OF FRANKLIN,
STATE OF OHIO,' AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin ( "City ") is preparing to widen Avery Road and to
create a roundabout on Avery- Tuswell Road to improve related traffic circulation; and
WHEREAS, said improvement requires the City to obtain a fee simple interest 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, of the elected members concurring that:
Section 1. A fee simple interest 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 widening
Avery Road and to create a roundabout on Avery- Tuswell 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
Thousand Dollars and 00 /100 Cents ($60,000.00) 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 widening Avery Road and creation of a roundabout on
Avery- Tuswell 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 (� r� 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: August 2, 2007
RE: Ordinance 65 -07 Land Appropriation (Marcus property)
(Avery Road Widerung and Avery/Tuswell Drive Roundabout)
INTRODUCTION:
This Ordinance is a follow -up to Resolution 43 -07 passed by Council at the June 18, 2007
meeting. By way of background, the Resolution authorized the City to pursue all the necessary
legal requirements for the possible appropriation of the R. Steven and Dorothy J. Marcus
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.
PROJECT BACKGROUND:
The City will be undertaking road improvements to Avery Road and Tuswell Drive, including
the construction of a roundabout and the extension of the existing Avery Road median north of
Woerner - Temple Road to Irelm Place along with the extension of the existing bike path north to
Shier -Rings Road. The relocation of utilities has already commenced and construction of the
road improvement is soon to follow. This project requires the acquisition a "partial take" (the
purchase of a portion of the parcel for right -of -way) from multiple property owners along Avery
Road and/or Tuswell Drive.
This memorandum discusses the partial take from R. Steven Marcus and Dorothy J. Marcus — a
0.157 acre, more or less, fee simple interest for right -of -way. The other properties involved are
the following: (Sharon Upperman, Stonehenge Company, Thane Thatcher, Michael Blue, John
Keith, Kendall Ridge LLC, Westdale Properties LLC and the Swope property). The only
remaining acquisitions concern the Marcus's, Kendall Ridge LLC, and Westdale Properties LLC.
ACQUISITION DETAILS:
The appraisal is complete and the Law Department engaged M/E Company to negotiate the
acquisition with Mr. and Mrs. Marcus. The Law Department has also been in contact with the
Marcus's and he has executed a right -of -entry allowing utility companies onto the property for
the utility relocation Mr. Howard then presented the offer of compensation to Mr. and Mrs.
8 -02 -07
Ord. 65 -07
Page 2 of 2
Marcus. Mr. and Mrs. Marcus declined the offer. Therefore, an agreement cannot be reached.
As such, we prepared this ordinance authorizing the City, through the Law Department, to
proceed with litigation in which the compensation to the landowner will be determined.
RECOMMENDATION:
The Law Department and the Division of Engineering recommend approval of Ordinance No.
65 -07.
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PARCEL I:
Situated in the State of Ohio, Q=ty of Frw klin, an d in ths zbwnehip of :
Being Lot P4mber Six (6). in OAN-SNEM SIBDMSION, as the Bennie is numbered and
delineated upon the recorded plat thereof, of reoord in Plat Book 25, page gQ,
Recorders Office, FjWklin O=ty, Ohio.
PARCEL. I I:
Situated in the (Marty of Frwklin, in the State of Chio, and in the Township of
Washington:
Being an 0.6918 acre tract of land cut of an 11.91 acre tract, Virginia Military Survey
bo W unded and described L as follows: FYaNclin Oa nty, Ohio, and being mare particularly
rocribe as folows:
Beginning at an iron pin at the southeast oomer of said 11.91 acre tract, (said iron `
pin being located in t: o enterlLle of Avery [woad): thence and with the centerline of f
Avery Road, North 18 52' 23" East a distance of 125.29 ft. to a spike ill the C
canterl ine of Avery Road, said -q Xe being the point of begsvling of the 0.6918 acre 9-1
tract of land herein described: thence and aontirxdng wirh_the centerline of Avery Road
YIIIi W( +ti tip Yaa. 12 y �F w „ J A.i v vile very mod' said .b-a
oua`o -, ILL UI 10 5G 23 Firm, a CJ.b'Car�.'E
126.70 ft. to a spike in the centerline of A spike being the northeast
corner of said 0.6918 acre tract; thence
tract North 80. 30' 26" West, a distance of 2 with 6 5 ft. �to line of said 0.6 acro 1
being the northwest corner of said 0.6918 acre trat; thence and with the west line of C
said 0.6918 acre tract South 10 26' 35" West, a distance of 127.00 ft. to an iron ping
said iron pin being the southwest caner of said 0.6918 acre tract; thenoa and with the
south line of said 0.6918 arse tract, South 80' 30' 26" East a distance of 277.88 ft.
containing 0.6918 acres, mor
to the iron pin marking the point e* beginning, of the tract of land herein described,
e or le*--.
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PROJ. NO CO100601?l EXHIBIT "B'
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AMERICAN CONSUL TING, INC.
FILE NO: n 2550 CORPORATE EXCHANGE DRIVE
SUITE 300 0.157 ACRES
COLUMBUS, OHIO 43231 RIGHT OF WAY
oRAwNeYr MTL Architects 16141901 -2235 FAX: (614)901-2236
Consultonts DUBLIN, OHIO
CWD BY: Am Engineers
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O = IRON PIN FOUND
O = IRON PIPE FOUND
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)9 = RAILROAD SPIKE FOUND
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IRON PIN 30' L ONG WITH
CAP INSCRIBED AMERICAN
CONSUL TING, INC.
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SCALE: 1' = 40'
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BASIS OF BEARING:
BEARINGS ARE BASED ON THE OHIO STATE
PLANE COOROINA TE SYSTEM, SOUTH ZONE,
MAD 83 (86 ADJUSTMENT)
1 HEREBY CERTIFY THAT. N
THIS DRAWING REPRESENTS THE
RESULTS OF AN ACTUAL FIELD SURVEY OF THE
PREMISES PERFORMED BY G.J. BERDING SURVEYING,
INC. IN MAY 2006. THIS DRAWING IS CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
CHARLES P. UNTERREINER, P. S. NO. 7819
AMERICAN CONSULTING, INC.
SI TVA TED IN THE S TA TE OF OHIO, COUNT Y OF FRANKL IN, CI T Y
OF DUBLIN AND BEING IN VIRGINIA MILITARY SURVEY
NUMBER 3004
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