Ordinance 37-10RECORD OF ORDINANCES
Dayton Legal Blank. Inc.
Ordinance No.
37 -10
Passed
20
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY
CONVEYANCE DOCUMENTATION TO CONVEY
FRANKLIN COUNTY PARCEL NO. 274- 000025 TO
R. STEVEN AND DOROTHY J. MARCUS IN
FURTHERANCE OF LITIGATION SETTLEMENT.
WHEREAS, the City of Dublin ( "City ") has been engaged in eminent domain
litigation with Steven and Dorothy Marcus ( "Marcus ") as the City appropriated
property from Marcus in order to construct a roundabout at the intersection of Avery
Road and Tuswell Drive; and
WHEREAS, the property that is the subject of this litigation is located at the
southwest corner of Avery Road and Dan- Sherri Avenue, as depicted in the attached
Exhibit "A'; and
WHEREAS, the parties have reached a settlement in this litigation, and as part of this
settlement, the City of Dublin shall convey a City owned piece of property to Marcus,
Franklin County Parcel No. 274 - 000025, depicted in the attached Exhibit 'B "; and
WHEREAS, in exchange for said property, Marcus has agreed to settle the case for
the City's appraised amount for the property appropriated, and has agreed that the City
shall separate needed right of way from Franklin County Parcel No. 274 - 000025, prior
to the City conveying that property to Marcus; and
WHEREAS, the City desires to authorize the City Manager to execute all conveyance
documentation necessary to convey Franklin County Parcel No. 274 - 000025 to
Marcus.
NOW, THERRE, 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 all conveyance
documentation necessary to convey City owned property, specifically Franklin Co.
Parcel No. 274- 000025, to Marcus, after the City has separated the necessary right of
way needed from this parcel.
Section 2. The City Manager is further authorized to execute any necessary
documentation to memorialize settlement of the eminent domain lawsuit between the
City and Marcus.
Section 3 . This Ordinance shall take effect and be in force on the earliest date
permitted by law.
Passed this,1%day of QL W?e_� — , 2010.
Mayor - • Officer
ATTEST:
rJ�(2—
Clerk of Council
SZD
MEMORANDUM
TO Dublin City Council
Marsha Grigsby, Interim City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: October 7, 2010
RE: Ordinance 37 -10 — Conveyance of Property to R. Steven and Dorothy Marcus in
Furtherance of Settlement (Avery - Tuswell Roundabout Project)
INTRODUCTION:
This ordinance authorizes the City Manger of the City of Dublin (the "City ") to execute all
conveyance documentation necessary to convey Franklin County Parcel No. 274 - 000025 to R.
Steven and Dorothy J. Marcus ( "Marcus "), in furtherance of settlement of the eminent domain
lawsuit between the City and Marcus. The ordinance also authorizes the City Manager to
execute any other necessary documentation in furtherance of settlement.
PROJECT BACKGROUND:
In August of 2007, the City appropriated a 0.157 acre fee simple interest from Marcus in
furtherance of the roundabout construction at the intersection of Avery Road and Tuswell Drive.
The City appraised this property for Sixty Thousand Dollars ($60,000.00).
SETTLEMENT AND CONVEYANCE OF CITY -OWNED PROPERTY:
The parties have agreed upon the terms of settlement in this lawsuit. Marcus has agreed that the
City may acquire the needed right -of -way for the Avery/Tuswell roundabout for the City's
appraised amount of $60,000. Marcus will be receiving a piece of City-owned property in
return, Franklin County Parcel No. 274- 000025. Marcus is in the final stages of rezoning the
property to a small office designation in conjunction with the Community Plan, and Marcus
plans to combine Franklin County Parcel No. 274 - 000025 with the property Marcus currently
owns to create this small office environment.
The City, prior to conveying Franklin County Parcel No. 274 -00025 to Marcus, will separate out
necessary right -of -way from that parcel. Marcus, after rezoning is complete, will also receive
the right -of -way located at the "hammerhead" on Dan Sherri Avenue, and will be responsible for
maintaining this property.
A depiction of the properties described herein as they exist prior to settlement of this lawsuit is
attached as Exhibit "A" to Ordinance No. 37 -10. A depiction of the properties described herein
as they exist after settlement and rezoning of the Marcus property is attached as Exhibit "B" to
Ordinance No. 37 -10.
RECOMMENDATION:
The Law Department recommends adoption of Ordinance No. 37 -10.
EXHIBIT A
EXHIBIT B