35-08 OrdinanceRECORD OF ORDINANCES
Blank. Gic.
Ordi~zance No.
35-08
Pusse~l , 20
AUTHORIZING THE PURCHASE OF 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.
WHEREAS, the City desires to enter into a real estate purchase agreement for the
0.003 acres, more or less, fee simple interest and an easement agreement for the 0.142
acres, more or less, temporary construction easement, in and to the premises located in
the City of Dublin, Franklin County, Ohio for the Avery-Muirfield Drive and Post
Road Improvement for Three Thousand Eight Hundred Dollars and No Cents
($3,800.00).
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 a Real Estate Purchase
Contract and any necessary closing documents related to the acquisition of the 0.003
acres, more or less, fee simple interest and the 0.142 acres, more or less, temporary
construction easement and paying any related costs.
Section 2. 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:
of Council
SCHOTTENSTEIN
ZOX & D U N N ~o.,~Ph
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam, City Manager~~~
Paul A. Hammersmith, PE, Director ofEngineering/City Engineer
FROM: Stephen J. Smith, Law Director
DATE: May 29, 2008
RE: Ordinance 35-08 -Land Appropriation -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
and the Ordinance passed by Council at the Apri121, 2008 meeting. Byway 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 Ordinance was 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 could not settle with the landowner.
As of May 8, 2008, the negotiator has settled this matter and this Ordinance is to authorize the
City Manager to enter into a Real Estate Purchase Contract 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 proj ect requires the acquisition of a "partial 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. The remaining property owners are the following: 6805 Avery Muirfield Drive, LLC.;
Avery Shops, LLC.; Central Ohio Property Management, LLC.; Deborah DeBoer; 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 Deparhnent engaged M/E Companies (Mr. Chris
Howard) to negotiate the acquisition with the landowner. Mr. Howard has been in contact with
Memo to Council re Ordinance 35-08 -The Williams Development Property
May 29, 2008
Page 2 of 2
the statutory agent for the company, Mr. William C. Williams. The other member of the
company is Thomas Williams. Mr. Howard has presented the offer of compensation to Williams
Development, LTD. Williams Development, LTD., through Williams C. Williams, has accepted
this offer. The Law Department has prepared this ordinance authorizing the City Manager to
enter into a Real Estate Purchase Contract with the landowner. Therefore, litigation will not
commence in regards to this property.
RECOMMENDATION:
The Law Department recommends that Council dispense with the public hearing and approve
Ordinance No. 35-08 by emergency action at the June 2, 2008 Council meeting.
~H 12261321
EXHIBIT
PARCEL Wlms Dev LID WD
Post Rd
Version Date 03-08-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
WILLIAMS DEVELOPMENT LTD
Pag° 1 of 2
Being two pazcels 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.
Pazcel 1
Beginning at an iron pin found at the southeast comer 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 comer 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 li 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.
Pazcel 2
Beginning at an iron pin found at the southeast comer 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 comer 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 z otz
PARCEL Wtms 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 azc 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 of Avery-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 Pazcel 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" rebazs 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 gublic 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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9 Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple,Inc.
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EXHIBIT
CITY OF DUBLIN
PARCEL W1ms Dev LTD T
Post Rd
Version Date 03-08-07
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 comer 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 comer of said
2.290acre tract, and being the TRUE POINT OF BEGINNING;
Thence S O4-38-56 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 8b.14 feet to a point;
N Ol-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 azc 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 otz
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 southeasterly right-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 southeasterlyright-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 azea 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 aze 5/8" x 30" rebazs 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 aze 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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