26-08 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
L~~
1
1
26-08
Passed 20
AN ORDINANCE APPROPRIATING A 0.003 ACRE, MORE OR
LESS, FEE SIMPLE INTEREST, AND A 0.142 ACRE, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT FROM
WILLIAMS DEVELOPMENT, LTD., LOCATED AT THE
SOUTHEAST 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 Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, _~~ a majority of the elected members concurring 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 Three Thousand
Eight Hundred Dollars and No Cents ($3,800.00) 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 No. 26-08 -The Williams Development, Ltd. 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 Williams Development, Ltd. 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 Williams Development, Ltd. - a 0.003 acre,
more or less, fee simple interest for right-of--way and a 0.142 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.; Avery Shops, LLC.; Central Ohio Property Management, LLC.; and S&R Properties of
Columbus, LLC..
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 of
the take to be $3,800.00. Additionally, the Law Department engaged M/E Companies (Mr.
James Howard) to negotiate the acquisition with the landowner. Mr. Howard has presented the
Ordinance No. 26-48 -The Williams Development, Ltd. Property
April 17, 2448
Page 2 of 2
offer of compensation to Williams Development, Ltd. Williams Development, Ltd. 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. 26-48.
EXHIBIT
PARCEL Wlms Dev LTD WD
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
WILLIAMS DEVELOPMENT LTD
Page I of 2
Being two parcels of land 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 a 2.290 acre tract of land owned by WILLIAMS
DEVELOPMENT LTD, as described in Instrument 199812100319073, of the Franklin County
Recorder's Office.
Parcel 1
Beginning at an iron pin found at the southeast corner of a 0.398 acre tract of land conveyed to
the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of
the Franklin County Recorder's Office, also being the Grantor's northeasterly corner of said
2.290acre tract;
Thence S 88-54-45 W a distance of 249.82 feet along the south right-of--way of Post Road to an
iron pin set, also being the TRUE POINT OF BEGINNING;
Thence with a new line along a curve to the left crossing the Grantor's lands, not tangent to the
previous course, having an arc of distance of 38.75 feet, a radius of 81.50 feet, a central angle of
27°14'27", and a chord bearing S 67-45-35 W a distance of 38.38 feet, to an iron pin set in the
southeasterly right-of--way of Post Road;
Thence N 42-31-42 E a distance of 19.13 feet along the southeasterly right-of--way of Post Road
to an iron pin found;
Thence N 88-54-45 E a distance of 22.60 feet along the south right-of--way of Post Road to the
TRUE POINT OF BEGINNING.
The above described area contains 0.002 acres, or 98 square feet, within the Franklin County
Auditor's Parcel Number 273-000299.
Parcel 2
Beginning at an iron pin found at the southeast corner of a 0.398 acre tract of land conveyed to
the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of
the Franklin County Recorder's Office, also being the Grantor's northeasterly corner of said
2.290acre tract;
Thence S 88-54-45 W a distance of 272.41 feet along the south right-of--way of Post Road to an
iron pin found;
Thence S 42-31-42 W a distance of 51.98 feet along the southeasterly right-of--way of Post Road
to an iron pin set, also being the TRUE POINT OF BEGINNING;
Thence with a new line S 31-44-28 W a distance of 15.05 feet to an iron pin set;
EXHIBIT A Page 2 of 2
PARCEL Wlms Dev LTD WD
Post Rd
Version Date 03-08-07
Thence with a new line along a curve to the left crossing the Grantor's lands, tangent to the
previous course, having an arc of distance of 11.80 feet, a radius of 19.00 feet, a central angle of
35°35'47", and a chord bearing S 13-56-34 W a distance of 11.62 feet, to an iron pin set in the
easterly right-of--way ofAvery-Muirfield Drive;
Thence N 03-51-20 W a distance of 11.57 feet along the easterly right-of--way of Avery-
Muirfield Drive to an iron pin found;
Thence N 42-31-42 E a distance of 17.00 feet along the southeasterly right-of--way of Post Road
to the TRUE POINT OF BEGINNING.
The above described area contains 0.001 acres, or 37 square feet, within the Franklin County
Auditor's Parcel Number 273-000299.
Grantor claims title by Instrument 199812100319073, 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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EXHIBIT
PARCEL Wlms Dev LTD T
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
WILLIAMS DEVELOPMENT LTD
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 a 2.290 acre tract of land owned by WILLIAMS DEVELOPMENT
LTD, as described in Instrument 199812100319073, of the Franklin County Recorder's Office.
Beginning at an iron pin found at the southeast corner of a 0.398 acre tract of land conveyed to
the City of Dublin for Post Road right-of--way as described in Instrument 199910060252207 of
the Franklin County Recorder's Office, also being the Grantor's northeasterly corner of said
2.290acre tract, and being the TRUE POINT OF BEGINNING;
Thence S 04-38-56 E a distance of 20.04 feet along the Grantor's east line to a point;
Thence the following nine courses across the Grantor's lands:
S 88-54-45 W a distance of 86.14 feet to a point;
N O1-OS-15 W a distance of 10.00 feet to a point;
S 88-54-45 W a distance of 164.24 feet to a point;
Thence along a curve to the left, not tangent to the previous course, having an arc of distance of
21.87 feet, a radius of 71.50 feet, a central angle of 17°31'25", and a chord bearing S 72-06-29
W a distance of 21.78 feet, to a point;
S 42-31-42 W a distance of 57.43 feet, not tangent to the previous course, to a point;
S 03-51-20 E a distance of 50.07 feet to a point;
N 86-08-40 E a distance of 10.00 feet to a point;
S 03-51-20 E a distance of 66.00 feet to a point;
And, S 86-08-40 W a distance of 20.00 feet to a point in the easterly right-of--way line of Avery-
Muirfield Drive;
Thence N 03-51-20 W a distance of 112.94 feet along the easterly right-of--way line of Avery-
Muirfield Drive to an iron pin set;
Thence along a curve to the right, tangent to the previous course, having an arc of distance of
11.80 feet, a radius of 19.00 feet, a central angle of 35°35'47", and a chord bearing N 13-56-34
E a distance of 11.62 feet, to an iron pin set;
EXHIBIT A Page z of z
PARCEL Wlms Dev LTD T
Post Rd
Version Date 03-08-07
Thence N 31-44-28 E a distance of 15.05 feet to an iron pin set in the southeasterlyright-of--way
of Post Road;
Thence N 42-31-42 E a distance of 32.85 feet along the southeasterly right-of--way of Post Road
to an iron pin set;
Thence along a curve to the right, not tangent to the previous course, having an arc of distance of
38.75 feet, a radius of 81.50 feet, a central angle of 27°14'27", and a chord bearing N 67-45-35
E a distance of 38.38 feet, to an iron pin set in the southeasterly right-of--way of Post Road;
Thence N 88-54-45 E a distance of 249.82 feet along the southeasterly right-of--way of Post
Road to the TRUE POINT OF BEGINNING.
The above described area contains 0.142 acres within the Franklin County Auditor's Parcel
Number 273-000299.
Grantor claims title by Instrument 199812100319073, 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.
G
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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