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
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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
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