23-08 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. _ Form No. 30043 ~
Ordinance No.
23-08 Passed , 20
AN ORDINANCE APPROPRIATING 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 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 and temporary construction easement in and to the premises described in the
attached Exhibit "A" and "B" located in the City of Dublin, Franklin County, Ohio.
NOW, THERE~RE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concumng that:
Section 1. A fee simple interest 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" and "B" 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 Thirty
Thousand Dollars and No Cents ($30,000.00) 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 ,~!~--~~- 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 23-08 -The Avery Shops, 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 Avery Shops, 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 Avery Shops, LLC - a 0.042 acre, more or
less, fee simple interest for right-of--way and a 0.245 acre, more or less, temporary easement.
There are additional ordinances before Council concerning other property involved in this
project. The remaining property owners are the following: 6805 Avery-Muirfield Drive, LLC.;
Central Ohio Property 141anagement, LLC.; S&R Properties of Columbus, LLC.; and Williams
Development, LTD.
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 $30,OOOAO. Additionally, the Law Department engaged M/E Companies (Mr.
Memo to Council re. Ordinance 23-48 -The Avery Shops, LLC
April 17, 2448
Page 2 of 2
James Howard} to negotiate the acquisition with the landowner. Mr. Howard has presented the
offer of compensation to Avery Shops, LLC. Avery Shops, 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.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 23-48.
EXnHIBIT
/~
Page 1 of 2
PARCEL Avery Shops LLC WD
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
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 corner of said Grantor's Lot 1 of
aforementioned Avery Place in the southerly line of Post Road, 60 feet in width;
Thence S 89°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 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple".
EXHIBIT A Page 2 of 2
PARCEL Avery Shops LLC WD
Post Rd
Version Date 03-08-07
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.
~~~ ~ ~ ~-~-G~
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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SALTER
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EXHIBIT
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PARCEL Avery Shops LLC T
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
AVERY SHOPS LLC
Page 1 of 2
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 corner 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°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-O1-30 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 ofAvery-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 l:
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 arc 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 1;
EXHIBIT
Page 2 of 2
PARCEL Avery Shops LLC T
Post Rd
Version Date 03-08-07
Thence N 00-42-O1 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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