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Ordinance 44-10RECORD OF ORDINANCES 44 -10 (Amended) Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A COMBINED 9.563 ACRES (WITH 0.139 ACRES AS PRESENT ROAD OCCUPIED), MORE OR LESS, FEE SIMPLE INTEREST, A 1.002 ACRES, MORE OR LESS, UTILITIES EASEMENT, AND A COMBINED 0.596 ACRES, MORE OR LESS, IN TEMPORARY CONSTRUCTION EASEMENTS FROM BORROR REALTY CO. AND THE CATHOLIC DIOCESE OF COLUMBUS, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin ( "City ") is preparing to construct its Emerald Parkway Phase 8 roadway construction project; and WHEREAS, Borror Realty Co. and the Catholic Diocese of Columbus ( "Borror ") own a parcel that the City must acquire right of way from in order to construct the Emerald Parkway Phase 8 project; and WHEREAS, the City and Borror participated in discussions for the acquisition of this necessary right of way from Borror, as well as other contiguous property owned by Borror to accommodate future access and development within the City; and WHEREAS, the City and Borror have come to mutually agreeable terms for the acquisition of property owned by Borror; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between Borror and the City. NOW, THEREFORE, 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 necessary conveyance documentation to acquire a combined 9.563 acres (with 0.139 acres as present road occupied), more or less, fee simple interest, a 1.002 acres, more or less, utilities easement, and a combined 0.596 acres, more or less, in temporary construction easements from Borror, as depicted in the attached Exhibit "A ". Section 2. Borror shall be compensated for the aforementioned property interests in the amount of One Million One Hundred Fifty -One Thousand Six Hundred Fifty -Seven Dollars ($1,151,657.00). Section 3 . This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The acquisition of the property interests described herein is necessary to improve traffic circulation and concurrently addresses safety concerns for the citizens of Dublin. As such, this ordinance shall go into immediate effect. Passed this / day of el, 2010 i . ' 1 O fficer ATTEST: Jam- a ��- Clerk of Council SZD SCHOTT[NSTVN ZOX & DUNN,u im MEMORANDUM TO: Dublin City Council p Marsha I. Grigsby, Interim City Manager\ R�— Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: December 2, 2010 RE: Ordinance No. 44 -10 (Amended) - Borror Realty Co. Emerald Parkway Phase 8 PROJECT BACKGROUND: The City of Dublin ( "City") is preparing to construct the Emerald Parkway Phase 8 roadway construction project. The City must acquire property interests from various landowners located within the City in order to construct this roadway project. Representatives from the City have informally reached out to a few of these landowners in order to gauge their respective interests in selling the needed property interests to the City. ACQUISITION INTRODUCTION: City representatives successfully negotiated a land sale transaction with Borror Realty Co. /Catholic Diocese of Columbus ('Borror "). The City will be acquiring from Borror those property interests needed for the Emerald Parkway Phase 8 project, along with a 6.653 acre triangular piece of property owned by Borror. Acquisition of the 6.653 acre triangular piece from BorrC•r allows for the City to accommodate issues of future access as well as prospective development in the area. These property interests are generally depicted in the map attached as Exhibit "A" to Ordinance 44- 10 (Amended). (Note: a redlined version of the ordinance indicates the amendments made since the first reading.) In total, the acquisition consists of the following property interests: Property Interest Acquiring ACRES COST 1. Fight of Way 2.771 $ 318,665 2. Present Road Occupied 0.139 $ 1 3. Utility Easement 1.002 $ 57,615 4. Temporary Easements 0.596 $ 10,281 5. Residual 6.653 $ 765,095 TOTAL COST $1,151,657 Memo re. Ordinance 44 -10 (Amended) Land Acquisition — Borror Realty Co. Emerald Phase 8 Project December 2, 2010 Page 2 of 2 City representatives negotiated a per acre acquisition value of $115,000 /acre. Based upon the acreage and types of property interests described above, the City shall acquire all of the aforementioned property interests for the amount of One Million One Hundred Fifty -One Thousand Six Hundred Fifty -Seven Dollars ($1,151,657.00). The amount of $1,195,605.00 reflected in the previous staff memo included utility easement and temporary utility easement acreages that are included in the 6.653 acre triangular piece which is being acquired. ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 44 -10 (Amended) would allow the City Manager to execute all necessary conveyance documentation to formally acquire the aforementioned property interests. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 44 -10 (Amended) by emergency at the December 6, 2010 meeting. 44 -10 (Amended) AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A COMBINED 9.563 ACRES (WITH 0.139 ACRES AS PRESENT ROAD OCCUPIED). MORE OR LESS, FEE SIMPLE INTEREST, A 1.002 ACRES GA)MRINED 1.649 AERIES, MORE OR LESS, IN UTILITIES EASEMENT, AND A COMBINED .0596 0097- ACRES, MORE OR LESS, IN TEMPORARY CONSTRUCTION EASEMENTS FROM BORROR REALTY COMPANY AND THE CATHOLIC DIOCESE OF COLUMBUS, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway construction project; and WHEREAS, Borror Realty Company and the Catholic Diocese of Columbus ( "Borror ") own a parcel from which the City must acquire right -of -way in order to construct the Emerald Parkway Phase 8 project; and WHEREAS, the City and Borror participated in discussions for the acquisition of this necessary right -of -way from Borror, as well as other contiguous property owned by Borror, to accommodate future access and development within the City; and WHEREAS, the City and Borror have come to mutually agreeable terms for the acquisition of property owned by Borror; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between Borror and the City. NOW, THEREFORE, 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 necessary conveyance documentation to acquire a combined 9.563 acres (with 0.139 acres as present road occupied) more or less, fee simple interest, a 1.002 sambined 1 64P acres, more or less, utilities easements, and a combined 0.596 0.987 acres, more or less, in temporary construction easements from Borror, as depicted in the attached Exhibit "A ". Section 2. Borror shall be compensated for the aforementioned property interests in the amount of One Million One Hundred Fifty-One Ninety-F�ve Thousand Six Hundred and Fifty live Dollars ( $1.151.657.00) $ ,1 Section 3 This Ordinance is declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The acquisition of the property interests described herein is necessary to improve traffic circulation and concurrently address safety concerns for the citizens of Dublin. As such, this ordinance shall go into immediate effect. take eff6et an the ear4iest date peFmittad by law. CITY OF DUBLIN EMERALD PARKWAY PREPARED BY THE CITY OF DUBLIN, PHASE S ENGINEERING 5800 Shier Rings Road • Dublin, Ohio 43016 -1236 DUBLIN, OHIO Phone (614)410 -4600 • Fax (614)761 -6506 I I� I I I I I LEGEND ■ RESIDUAL / 6.653 Ac. BORROR REALTY COMPANY ❑ O.R. 646 F01 RIGHT -OF -WAY O.R. 26466 A15 / 2.771 Ac. & CATHOLIC DIOCESE OF COLUMBUS PRESENT ROAD OCCUPIED D.B. 2961, PG. 661 1 0.139 Ac. PID: 273- 008380 I I ❑ UTILITY EASEMENT I r 1.002 Ac. f' ❑ TEMPORARY EASEMENT 0.596 Ac. / I LA - R /W — - d- 1 -270 DRAWN CHECKED DATE: JOB NO. MSS KBR 11/17/10 07 -008 m