22-08 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
22-08
Passed . 20,
AN ORDINANCE APPROPRIATING A 0.012 ACRE, MORE OR
LESS, FEE SIMPLE INTEREST, A 0.261 ACRE, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT, A 0.027
ACRE, MORE OR LESS, BIKEPATH AND UTILITY
EASEMENT AND A 0.064 ACRE EASEMENT AGREEMENT
FOR A PERMANENT BIKEPATH EASEMENT FROM 6805
• AVERY MUIRFIELD DRIVE, LLC, LOCATED WEST OF
AVERY-MUIRFIELD DRIVE AND ON THE NORTH SIDE OF
POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve Avery-Muirfield Drive and Post
Road in Franklin County; and
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple
interest, temporary construction easement, bikepath and utility easement and permanent
bikepath easement in and to the premises described in the attached Exhibits "A" , "B", "C"
and "D" located in the City of Dublin, Franklin County, Ohio.
NOW, TH-FORE, 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, bikepath and utility easement, a bikepath easement and a
temporary construction easement in and to the premises located in the City of Dublin, Ohio,
and more fully described in the legal description attached hereto as Exhibits "A" , "B", "C"
and "D" is hereby appropriated for the public purpose of improving Avery-Muirfield Drive
and Post Road in Franklin County, 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 Twenty-Two
Thousand Seven Hundred Dollars and No Cents ($22,700.00) 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 improvement of Avery-Muirfield Drive and Post Road in
Franklin County 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 ,~i /~~f day of , 2008.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
~SCHOTTENSTEIN
ZOX~LDUNN ,
ME,~IORAND UM
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: April 17, 2008
RE: Ordinance 22-08 - 6805 Avery-Muirfield Drive, LLC Property
Avery-Muirfield Drive and Post Road Project
INTRODUCTION
This Ordinance is a follow-up to the Resolution passed by Council at the April 7, 2008 meeting.
By way of background, the Resolution authorized the City to pursue all the necessary legal
requirements to review the possible appropriation of the 6805 Avery-Muirfield Drive, LLC
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 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. Traffic will be maintained on Avery-Muirfield Drive during the construction, which
is scheduled for June 2008.
This project requires the acquisition of a `~rartial 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.
This memorandum discusses the partial take from 6805 Avery-Muirfield Drive, LLC - a 0.012
acre, more or less, fee simple interest for right-of-~vay, a 0.064 acre, more or less, easement for a
bikepath along the east side of the property, a 0.027 acre, more or less, bikepath and utility
easement along the south side of the property and a 0.261 acre, more or less, temporary
easement. In addition to the installation of the roundabout, there will be a relocation of a bike
path currently in place on this parcel.
There are additional ordinances before Council concerning other properties involved in this
project. The remaining property owners are the following: Avery Shops, LLC.; Central Ohio
Property Management, LLC.; S&R Properties of Columbus, LLC.; and Williams Development,
LTD.
Memo to Council re Ordinance 22-08 - 6805 Avery-Muirfield Drive, LLC Property
April 17, 2008
Page 2 of 2
ACQUISITION DETAILS:
The Law Department engaged an appraiser to complete valuation reports in regards to the
acquisition. The appraisal is complete and the appraiser has determined the fair market value for
the take to be $22,700.00. Additionally, the Law Department engaged M/E Companies (Mr.
James Howard) to negotiate the acquisition with the landowner. Mr. Howard has presented the
offer of compensation to 6805 Avery-Muirfield Drive LLC. 6805 Avery-Muirf"ield Drive LLC
has not accepted the offer. Therefore, an agreement cannot be reached. As such, we prepared
this Ordinance authorizing the City, through the legal department, to proceed with litigation in
which the compensation to the landowner will be determined.
RECONINIENDATION:
The Law Department recommends approval of Ordinance No. 22-08.
EXHIBIT
Page 1 of 1
PARCEL 6805 AMD LLC WD
Post Rd
Version Date OS-07-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
6805 AVERY-MUIRFIELD DRIVE, LLC, et al
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 the Dublin Professional Center Condominium as the same is delineated
upon the recorded plat on record in Condo Plat book 120, Page 90, of the Franklin County
Recorder's Office.
Beginning, for reference, at the southeast corner of said Dublin Professional Center
Condominium as recorded in Condo Plat book 120, Page 90, also being the southeast corner of a
0.135 acre tract of land conveyed to the City of Dublin for road right-of--way from 6805 Avery-
Muirfield Drive, LLC, et al, as described in Instrument 200609140184046 of the Franklin
County Recorder's Office;
Thence N 03°56'44"W a distance of 62.39 feet along the east line of said Dublin Professional
Center Condominium to a railroad spike found at the northeast corner of said 0.135 acre tract of
land and now being a corner in the westerly right-of--way line ofAvery-Muirfield Drive, and the
TRUE POINT OF BEGINNING;
Thence S 42-32-34 W a distance of 72.13 feet along the north line of Post Road and the north
line of said of said 0.135 acre tract to an iron pin found;
Thence S 89-01-30 W a distance of 61.00 feet continuing along the north line of Post Road and
the north line of said of said 0.135 acre tract to an iron pin set;
Thence N 87-46-13 E a distance of 26.08 feet, leaving the north line of Post Road, into the
Grantor's lands with a new line to an iron pin set;
Thence along a curve to the left across the Grantor's lands, not tangent to the previous course,
having an arc of distance of 79.84 feet, a radius of 81.50 feet, a central angle of 56°07'32", and a
chord bearing N 59-33-46 E a distance of 76.68 feet, to an iron pin set;
Thence along a curve to the left across the Grantor's lands, tangent to the previous course,
having an arc of distance of 61.86 feet, a radius of 100.00 feet, a central angle of 35°26'44", and
a chord bearing N 13-46-38 E a distance of 60.88 feet, to a railroad spike set in the westerly
right-of--way line ofAvery-Muirfield Drive;
Thence S 03-56-44 E a distance of 44.92 feet along the westerlyright-of--way line of Avery-
Muirfield Drive to the TRUE POINT OF BEGINNING.
The above described area contains 0.012 acres within the Franklin County Auditor's Parcels
Numbered 273-011303 through 273-011202. A drawing of this description is attached hereto and
made a part hereof.
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.
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_ a ~ ° ' Burgess & Niple, Inc.
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CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
6805 AVERY-MUIRFIELD DRIVE, LLC, et al
Situated in the City of Dublin, County of Franklin, State of Ohio and being parts of V.M.S. 2999,
and V.M.S. 3010, and being a part of the Dublin Professional Center Condominium as the same
is delineated upon the recorded plat on record in Condo Plat book 120, Page 90, of the Franklin
County Recorder's Office.
Beginning, for reference, at a PK Nail found at the southwest corner of said Dublin Professional
Center Condominium as recorded in Condo Plat book 120, Page 90, also being the southeast
corner of a 0.135 acre tract of land conveyed to the City of Dublin for road right-of--way from
6805 Avery-Muirfield Drive, LLC, et al, as described in Instrument 200609140184046 of the
Franklin County Recorder's Office;
Thence N 00-42-12 E a distance of 10.00 feet along the west line of said Dublin Professional
Center Condominium to the northwest corner of said 0.135 acre tract of land and the TRUE
POINT OF BEGINNING;
Thence N 00-42-12 E a distance of 35.00 feet along the west line of said Dublin Professional
Center Condominium;
Thence the following eleven courses through the Grantor's lands and Dublin Professional Center
Condominium:
S 89-17-59 E a distance of 152.60 feet to a point;
N 89-01-30 E a distance of 147.77 feet to a point;
S 00-58-30 E a distance of 20.00 feet to a point;
N 89-01-30 E a distance of 34.27 feet to a point;
N 87-46-13 E a distance of 51.98 feet to a point;
Along a curve to the left across the Grantor's lands, not tangent to the previous course, having an
arc of distance of 43.32 feet, a radius of 71.50 feet, a central angle of 34°42'56", and a chord
bearing N 48-51-28 E a distance of 42.66 feet, to point;
Along a curve to the left across the Grantor's lands, tangent to the previous course, having an arc
of distance of 55.68 feet, a radius of 90.00 feet, a central angle of 35°26'44", and a chord bearing
N 13-46-38 E a distance of 54.79 feet, to point;
S 03-56-44 E a distance of 43.59 feet to a point;
Along a curve to the right across the Grantor's lands, not tangent to the previous course, having
an arc of distance of 16.76 feet, a radius of 100.00 feet, a central angle of 09°36' 13", and a chord
bearing S 26-41-53 W a distance of 16.74 feet, to an iron pin set;
Along a curve to the right across the Grantor's lands, tangent to the previous course, having an
arc of distance of 79.84 feet, a radius of 81.50 feet, a central angle of 56°07'32", and a chord
bearing S 59-33-46 W a distance of 76.68 feet, to an iron pin set;
And, S 87-46-13 W a distance of 26.08 feet across the Grantor's lands, not tangent to the
previous course, to an iron pin set in the north line of said 0.135 acre tract and the north line of
Post Road;
Thence S 89-01-30 W a distance of 14.43 feet along the north line of said 0.135 acre tract and
the north line of Post Road to a point;
EXHIBIT
Page 1 of 2
8
PARCEL 6805 AMD LLC T
Post Rd
Version Date OS-07-07
Thence the following eight courses through the Grantor's lands and Dublin Professional Center
Condominium:
EXHIBIT
1
N 00-58-30 W a distance of 5.00 feet;
S 89-01-30 W a distance of 65.00 feet;
N 00-58-30 W a distance of 10.00 feet;
S 89-01-30 W a distance of 15.00 feet;
S 00-58-30 E a distance of 10.00 feet;
S 89-01-30 W a distance of 88.21 feet;
N 89-17-59 W a distance of 38.48 feet;
Page 2 of 2
'ARCEL 6805 AMD LLC T
Post Rd
Version Date OS-07-07
And S 00-42-01 W a distance of 5.00 feet to a point in the north line of said 0.135 acre tract and
the north line of Post Road;
Thence N 89-17-59 W a distance of 114.56 feet along the north line of said 0.135 acre tract and
the north line of Post Road to the TRUE POINT OF BEGINNING.
The above described area contains 0.261 acres within the Franklin County Auditor's Parcels
Numbered 273-011303 through 273-011202.
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.
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EXHIBIT
Page I of 1
PARCEL 6805 AMD LLC BPUE
Post Rd
Version Date OS-07-07
CITY OF DUBLIN
BIKE PATH AND UTILTY EASEMENT
FROM
6805 AVERY-MUIRFIELD DRIVE, LLC, et al
Situated in the City of Dublin, County of Franklin, State of Ohio and being parts of V.M.S. 2999,
and V.M.S. 3010, and being a part of the Dublin Professional Center Condominium as the same
is delineated upon the recorded plat on record in Condo Plat book 120, Page 90, of the Franklin
County Recorder's Office.
Beginning, for reference, at a PK Nail found at the southwest corner of said Dublin Professional
Center Condominium as recorded in Condo Plat book 120, Page 90, also being the southeast
corner of a 0.135 acre tract of land conveyed to the City of Dublin for road right-of--way from
6805 Avery-Muirfield Drive, LLC, et al, as described in Instrument 200609140184046 of the
Franklin County Recorder's Office;
Thence N 00-42-12 E a distance of 10.00 feet along the west line of said Dublin Professional
Center Condominium to the northwest corner of said 0.135 acre tract of land and now being a
corner in the westerly right-of--way line ofAvery-Muirfield Drive;
Thence S 89-17-59 E a distance of 114.56 feet along the north line of said 0.135 acre tract and
the north line of Post Road to the TRUE POINT OF BEGINNING;
Thence the following eight courses through the Grantor's lands and Dublin Professional Center
Condominium:
N 00-42-01 E a distance of 5.00 feet;
S 89-17-59 E a distance of 38.48 feet;
N 89-01-30 E a distance of 88.21 feet;
N 00-58-30 W a distance of 10.00 feet;
N 89-01-30 E a distance of 15.00 feet;
S 00-58-30 E a distance of 10.00 feet;
N 89-01-30 E a distance of 65.00 feet;
And S 00-58-30 E a distance of 5.00 feet to a point in the north line of said 0.135 acre tract and
the north line of Post Road;
Thence S 89-01-30 W a distance of 168.28 feet along the north line of said 0.135 acre tract and
the north line of Post Road to an angle point;
Thence N 89-17-59 W a distance of 38.55 feet along the north line of said 0.135 acre tract and
the north line of Post Road to the TRUE POINT OF BEGINNING;
The above described area contains 0.027 acres within the Franklin County Auditor's Parcels
Numbered 273-011303 through 273-011202. 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 _ Walter A. Dodson, P.S. 6446, Ohio
* DODSON ~ Burgess & Niple, Inc.
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EXHIBIT
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PARCEL 6805 AMD LLC BP
Post Rd
Version Date OS-07-07
CITY OF DUBLIN
BIKE PATH EASEMENT
FROM
6805 AVERY-MUIRFIELD DRIVE, LLC, et al
Page 1 of 1
Situated in the City of Dublin, County of Franklin, State of Ohio and being parts of V.M.S. 2999,
and V.M.S. 3010, and being a part of the Dublin Professional Center Condominium as the same
is delineated upon the recorded plat on record in Condo Plat book 120, Page 90, of the Franklin
County Recorder's Office.
Beginning, for reference, at the southeast corner of said Dublin Professional Center
Condominium as recorded in Condo Plat book 120, Page 90, also being the southeast corner of a
0.135 acre tract of land conveyed to the City of Dublin for road right-of--way from 6805 Avery-
Muirfield Drive, LLC, et al, as described in Instrument 200609140184046 of the Franklin
County Recorder's Office;
Thence N 03°56'44"W a distance of 62.39 feet along the east line of said Dublin Professional
Center Condominium to a railroad spike found at the northeast corner of said 0.135 acre tract of
land and now being a corner in the westerly right-of--way line ofAvery-Muirfield Drive;
Thence N 03°56'44"W a distance of 44.92 feet along the east line of said Dublin Professional
Center Condominium and the westerly right-of--way line ofAvery-Muirfield Drive to the TRUE
POINT OF BEGINNING;
Thence along a curve to the right across the Grantor's lands, not tangent to the previous course,
having an arc of distance of 45.10 feet, a radius of 100.00 feet, a central angle of 25°50'31", and
a chord bearing S 08-58-31 W a distance of 44.72 feet, to a point;
Thence N 03-56-44 W a distance of 227.56 feet across the Grantor's lands to a point;
Thence N 01-49-06 W a distance of 66.25 feet across the Grantor's lands to a point in the north
line of said Dublin Professional Center Condominium;
Thence N 88-10-54 E a distance of 10.00 feet along the north line of said Dublin Professional
Center Condominium to the westerly right-of--way line ofAvery-Muirfield Drive;
Thence S 01-49-06 E a distance of 66.06 feet along the east line of said Dublin Professional
Center Condominium and the westerlyright-of--way line ofAvery-Muirfield Drive to a point;
Thence S 03-56-44 E a distance of 183.78 feet along the east line of said Dublin Professional
Center Condominium and the westerlyright-of--way line ofAvery-Muirfield Drive to the TRUE
POINT OF BEGINNING.
The above described area contains 0.064 acres within the Franklin County Auditor's Parcels
Numbered 273-011303 through 273-011202. A drawing of this description is attached hereto and
made a part hereof.
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.
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