55-08 OrdinanceRECORD OF ORDINANCES
Blank, Inc.
Ordinance No.
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR THE PURCHASE OF A
0.042 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND
A 0.245 ACRE TEMPORARY CONSTRUCTION EASEMENT
FROM AVERY SHOPS LLC, LOCATED AT THE
SOUTHWEST CORNER OF AVERY - MUIRFIELD DRIVE AND
POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is undertaking a road improvement project on Avery-
Muirfield Drive and Post Road by constructing a modem two -lane roundabout at the
intersection of those two roads; and
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple
interest and temporary construction easement in and to the premises described in the
attached Exhibit "A" and Exhibit 'B," located in the City of Dublin, County of
Franklin, State of Ohio; and
WHEREAS, the City desires to enter into a real estate purchase contract for the 0.042
acres, more or less, fee simple interest, and an easement agreement for the 0.245 acres,
more or less, temporary construction easement in and to the premises located in the
City of Dublin, County of Franklin, State of Ohio, for the Avery- Muirfield Drive and
Post Road roundabout improvement project, for thirty thousand dollars ($30,000.00).
NOW, THERERE, 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 0.042
acres, more or less, fee simple interest, and the .245 acres, more or less, temporary
construction 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 of the intersection of Avery- Muirfield Drive
and Post 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 2008.
Mayor - Presiding Officer
ATTEST:
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Clerk of Council
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MEMORANDUM
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TO: Dublin City Council
Jane S. Brautigam, City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: July 31, 2008
RE: Ordinance No. 55 -08 Land Purchase — The Avery Shops, LLC
Avery- Muirfield Drive and Post Road Project
PROJECT BACKGROUND:
The City is undertaking a road improvement project on Avery - Muirfield Drive and Post Road.
The project is a modern two -lane roundabout at the intersection of Avery- Muirfield Drive and
Post Road.
This project requires the acquisition of a "partial take" (the purchase of a portion of the parcel for
right -of -way) from multiple property owners on either Avery- Muirfield Drive or Post Road.
ACQUISITION INTRODUCTION:
This memorandum discusses the partial take from Avery Shops, LLC, such take consisting of a
0.042 acres, more or less, fee simple interest for right -of -way and a 0.245 acres, more or less,
temporary easement, located in the City of Dublin, County of Franklin, State of Ohio.
ACTION TAKEN IN THIS CASE:
The Law Department engaged an appraiser to complete valuation reports in regards to the
acquisition. The appraiser determined the fair market value for the take to be thirty thousand
dollars ($30,000.00). Additionally, the Law Department engaged M/E Companies (Mr. James
Howard) to negotiate the acquisition with the landowner. Mr. Howard presented the offer of
compensation to The Avery Shops, LLC, and the offer was accepted. This ordinance serves to
authorize the City Manager to enter into a real estate purchase contract with the landowner.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 55 -08.
{H1291837.1)
250 West Street, Columbus, Ohio 43215 -2538 1 P.O. Box 165020, Columbus, OH 43216 -5020 1 Voice: 614 -462 -2700 1 Fax: 614462 -5135
y EXHIBIT
A Page 1 of 2
PARCEL Avery Stops LLC WD
Post Rd
Version Date 03 -08 -07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
AVERYSHOPSLLC
Situated in the City of Dublin, County of Franklin, State of Ohio and being a part of V.M.S.
2999, and being a part of Lot Number 1 of Avery Place as the same is delineated upon the
recorded plat thereof, of record in Plat book 104, Page 94 and 95, of the Franklin County
Recorder's Office.
Beginning, for reference, at an iron pin found at the northwest comer of said Grantor's Lot I of
aforementioned Avery Place in the southerly line of Post Road, 60 feet in width;
Thence S 89 0 17'59 "E a distance of 186.82 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin found;
Thence N 89 °01'30 "E a distance of 133.64 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin set at the TRUE POINT OF BEGINNING;
Thence continuing N 89 ° 01'30 "E a distance of 113.61 feet along the north line of Lot 1 and the
southerly line of Post Road to an iron pin found;
Thence S 47 -24 -57 E a distance of 47.14 feet along the northeasterly line of Lot 1 and the
southwesterly line of Post Road to an iron pin found in the westerly line of Avery- Muirfield
Drive;
Thence S 03 -51 -24 E a distance of 21.15 feet along the east line of Lot 1 and the westerly line
of Avery- Muirfield Drive to an iron pin set;
Thence leaving the westerly line of Avery - Muirfield Drive along the following three new
courses through said Lot 1:
Along a curve to the left, not tangent to the previous course, having an arc of distance of 78.57
feet, a radius of 90.00 feet, a central angle of 50 °01'00 ", and a chord bearing N 56.00 -35 W a
distance of 76.09 feet, to an iron pin set;
Along a line not tangent to the previous course, S 89 -01 -30 W a distance of 86.47 feet to an iron
pin set;
And, N 00 -58-30 W a distance of 10.00 feet to the TRUE POINT OF BEGINNING.
The above described area contains 0.042 acres within the Franklin County Auditor's Parcel
Number 273 - 011303.
Grantor claims title by Instrument 200411020252777, in the records of Franklin County, Ohio.
Iron pins indicated set are 518" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple"
EXHIBIT A Page 2 ore
PARCEL Avery Shops LLC WD
Post Rd
Version D.t 03 -OM7
This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,
and was based upon actual surveys of the premises performed in July, 2006, through March,
2007, and upon available public records. Bearings used in this description are based on Ohio
State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the
determination of angles only.
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
!ALTER
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y EXHIBIT
" Pago I of 2
=/ PARCEL Avery Shops LLC T
Post Rd
Version Date 03 -0"7
CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
AVERY SHOPS LLC
Situated in the City of Dublin, County of Franklin, State of Ohio and being a part of V.M.S.
2999, and being a part of Lot Number 1 of Avery Place as the same is delineated upon the
recorded plat thereof, of record in Plat book 104, Page 94 and 95, of the Franklin County
Recorder's Office.
Beginning, for reference, at an iron pin found at the northwest comer of said Grantor's Lot 1 of
aforementioned Avery Place in the southerly line of Post Road, 60 feet in width, and being the
TRUE POINT OF BEGINNING;
Thence S 89 1 17'59 "E a distance of 186.82 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin found;
Thence N 89 °01'30 "E a distance of 133.64 feet along the north line of Lot 1 and the southerly
line of Post Road to an iron pin set at;
Thence leaving the south line of Post along the following three courses through said Lot 1:
S 00 -58 -30 E a distance of 10.00 feet to an iron pin set;
N 89 -01 -30 E a distance of 86.47 feet to an iron pin set;
And, along a curve to the right, not tangent to the previous course, having an arc of distance of
78.57 feet, a radius of 90.00 feet, a central angle of 50 °01'00 ", and a chord bearing S 56 -00 -35 E
a distance of 76.09 feet, to an iron pin set in the westerly line of Avery- Muirfield Drive;
Thence S 03 -51 -24 E a distance of 60.86 feet along the east line of Lot 1 and the westerly line
of Avery- Muirfield Drive to a point;
Thence leaving the westerly line of Avery- Muirfield Drive along the following five new courses
through said Lot 1:
S 86 -08 -36 W a distance of 10.00 feet;
N 03 -51 -24 W a distance of 58.37 feet;
Along a curve to the left, not tangent to the previous course, having an are of distance of 49.29
feet, a radius of 80.00 feet, a central angle of 35 °17'59 ", and a chord bearing N 50 -19 -57 W a
distance of 48.51 feet, to a point;
S 89 -01 -30 W a distance of 236.17 feet;
And N 89 -17 -59 W a distance of 187.19 feet to a point in the west line of said lot l;
EXHIBIT
Pagc2of2
PARCEL Avery Shops LLC T
Post Rd
Version Date 03 -09-07
Thence N 00 -42 -01 E a distance of 25.00 feet along the west line of Lot 1 to the TRUE POINT
OF BEGINNING.
The above described area contains 0.245 acres within the Franklin County Auditor's Parcel
Number 273- 011303.
Grantor claims title by Instrument 200411020252777, in the records of Franklin County, Ohio.
Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple ".
This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,
and was based upon actual surveys of the premises performed in July, 2006, through March,
2007, and upon available public records. Bearings used in this description are based on Ohio
State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the
determination of angles only.
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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