67-08 OrdinanceRECORD OF ORDINANCES
Davton Leal Blank. Inc.
Or~diraa~lce No.
67-08
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT TO PURCHASE A .009
ACRES, MORE OR LESS, BIKEPATH EASEMENT, AND A
.033 ACRES, MORE OR LESS, TEMPORARY EASEMENT
FROM MS. DEBORAH A. DESOER, SAID ACREAGE
LOCATED ON POST ROAD, EAST OF AVERY-MUIRFIELD
DRIVE, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is undertaking a road improvement project on Avery-
Muirfield Drive and Post Road by constructing a modern two-lane roundabout at the
intersection of those two roads;
WHEREAS, said improvement will require the City of Dublin to obtain a bikepath
easement and temporary easement in and to the premises described in the attached
Exhibit "A" and Exhibit "B", located in the City of Dublin, County of Franklin, State
of Ohio;
WHEREAS, the City desires to enter into a real estate purchase contract for the
purchase of a .009 acres, more or less, bikepath easement, and a .033 acres, more or
less, temporary easement from Ms. Deborah A. DeBoer, said acreage located on Post
Road, east of Avery-Muirfield Drive, for the Avery-Muirfield Drive and Post Road
roundabout improvement project, for the purchase price of three thousand seven
hundred twenty-five dollars ($3,725).
NOW, THERE~RE, 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 a .009
acres, more or less, bikepath easement, and a .033 acres, more or less, temporary
easement from Ms. Deborah A. DeBoer, 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 the intersection of Avery-Muirfield Drive
and Post Road 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 & D U N N CO.,IPA
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam, City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: August 14, 2008
RE: Ordinance 67-08 Land Purchase -DeBoer Property
Avery-Muirfield Drive and Post Road
PROJECT BACKGROUND:
The City is undertaking a road improvement project on Avery-Muirfield Drive and Post Road.
The project involves the construction of a modern two-lane roundabout at the intersection of
Avery-Muirfield Drive and Post Road.
This project 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.
ACQUISITION INTRODUCTION:
This memorandum discusses the partial take from Ms. Deborah DeBoer consisting of a .009
acres, more or less, bikepath easement, and a .033 acres, more or less, temporary easement, said
acreage located on Post Road, east of Avery-Mui~eld Drive, for the Avery-Muirfield Drive and
Post Road roundabout improvement project.
ACTION TAKEN IN THIS CASE:
The Law Department engaged an appraiser to complete valuation reports in regards to the
acquisition. The appraiser determined the fair market value for the take to be three thousand
seven hundred twenty-five dollars ($3,725). Additionally, the Law Department engaged M/E
Companies to negotiate the acquisition with the landowner. ME Companies presented the offer
of compensation to Ms. DeBoer, and the offer was accepted. This ordinance serves to authorize
the City Manager to enter into a real estate purchase contract with the landowner.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 67-08.
EXHIBIT
rage 1 of 1
r ` PARCEb DEBORAHA. DEBOER Ib-BP
Pon Rd
Yasion Dam Ol-I]-08
CITY OF DUBLIN
BIKE PATH EASEMENT
FROM
DEBORAH A. DEBOER
Situated in the City of Dublin, County of Franklin, State of Ohio, and being part of V.M.S. 2999
and being a part of Lo[ 1 in Dublin Glen as the same is numbered and delineated upon the
recorded plat thereof, of record in Pla[ Book 80, Page 85, of the Franklin County Recorder's
Office.
Beginning, for reference, at an iron pin found at [he northwest comer of said Lot 1 in Dublin
Glen as recorded in Plat Book 80, Page 85, also being a point in the east line of a 0.398 acre tract
of land conveyed to the City of Dublin for Post Road right-of--way as described in Instmment
199910060252207 ofthe Franklin County Recorder's Office;
Thence S 04°38'56"E a distance of 10.02 feet along the west line of said Dublin Gten, same
being the east line of said 0.398 acre tract as conveyed to the City of Dublin for Post Road right-
of-way to the TRUE POINT OFBEGINNING;
Thence N 88°54'45"E a distance of 40.73 feet across the Grantor's lands along a line 10 feet
south of as measured by right angle acrd parallel with the south right-of--way line of Post Road to
a point;
Thence S OI°05'15"E a distance of 10.00 feet across the Grantor's lands to a point, said point
being 20.00 feet south of as measured by right angle from the south right-of--way line of Post
Road;
Thence S 88°54'45"W a distance of 40.10 feet across the Grantor's lands along a line 20 feet
south of as measured by right angle and parallel with [he south right-of-way line of Post Road [o
a 3/4"i.d. iron pin found with cap stamped C. Tumer PS 6702 at the southeast comer of said
0.398 acre tract of Land conveyed to the City of Dublin for Post Road right-of--way, being also
the northeast comer 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, and being
also a point in the west line of Lot l in Dublin Glen as the same is numbered and delineated upon
the recorded plat thereof, of record in Plat Book 80, Page 85, of the Franklin County Recorder's
Office;
Thence N 04°38'56"W a distance of 10.02 feet along the east line of said 0.398 acre tract of land
conveyed to the City of Dublin for Post Road right-of--way and the west line of Lot 1 in said
Dublin Glen to TRUE POINT OFBEGINNING.
The above described area contains 404 Squaze Feet (0.009 Acres) within the Franklin County
Auditor's Pazcel Number 273-007064. A drawing of this description is attached hereto and made
apart hereof.
Grantor claims title by Instmment 200707030115881, 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 public records. Bearings used in this description aze based on Ohio
State Plane Coordinates, Sou[h Zone, NAD1983 (1986 adjustment), and are for the
determination of angles only, with the centerline of Post Road being held as N88°54'45"E as
shown.
~r•'~•(E.. ~.F a•~'•.
P : "~ ''~. 5 ~.
~ 00 SON ~ Walter A. Dodson, P.S. 6446, Ohio
•° F~ x}46 ;,~'~ ~ : Burgess & Niple, Inc.
'•. G''~..~..:.::~ 0 i'
R y E ~ ,
CITY OF DUBLIN
V.M.S 2999, FRANKLIN COUNTY, OHIO
BIKE PATH EASEMENT
psE POST ROAD QE
x
-_-_ _~.-_ p r
O. J9B acre froc! 504'3886'E I
s(. ~1999I0060252207 10.02
_ ____ ______ _i,d
__ __________
10' U(%'/y Eosemen( _
______ ______P ____
R/W R/W
7 0.02'
a ro.~.. as s>oz o 0
o?
N V
P
f
WIf.IIAMS DEVELOPMENT, LTD
2.290 ACRES
INST. //799812100379073
LEGEND
O Monument Found
OgRSRailrood Sp'~ke Faurd
O Iron Pin Found
~q 8/8" x 30" rebor set with
s plastic I.D. cap: "GODSON 6446"
( ) parenthesis indicates recortl tlimension '
if different Ihpn measured.
P.0.8 -Point 0! Beginning
R.o.C -Point O! Commencement
a t -- sas'sa'as'w~ oT I
. S88'84'48'W o of
U I ~ u• I
r, ~ 74.48' oo I QN
i ~ I TEMP. ESM'T °oo
` a ~ 0.033 Acres _N i
O 1 u' ~---_ .--J
R I m I
ai DEBORAH A. DEBOER N
~', 6333 POST RO
I ; II PID: 273-007064 LOr 2
Ihst. X200707030118881
I ' II I
Lor t
II OUBLIA CLEN
I I P(,4T BOOK 80 PACE 85
I I
L_J___________________ _____
I I _- 70" Uli/i!y Eosemen/ t --
-~
I
II
I
II
I do hereby certify Ihot this plot was based uFOn actual
the premises performed in July, 2006, through March, 20C
upon o~ailable pubGC records. 9eorings used in (his descri
hosed on Ohio Stale Plane Coordinates, South Zone, NAD79
cdjustment), and are for the determination of ong!es only,
cenlerGne of Post Road being held as N88'Sa'45"E os sha
6446, Ohio
- 7 7-EZ c°i
BurP~L ~ NIPb
5085 Reed Road. Columbus. Ohlo {8220
„a •••
•
'~• 0'F .,.., (Lll) 46P-2060
~
' smwy tor:
;.
°f'".........'o
fir' wurEx ': ;`:. CITY OF DUBLIN
~re A '~ o `
_ SURVEY OF 0.009 ACRES
~~ OODSDfl _ FROM
F 6446 DEBORAH A. DEBOER
`p •'~ /
G''~..:......''~Q;o 6333 POST ROAD
'' R V E Y ~ ~
~.+
„~•• EJG WAD 03-1J-OB
••"^•~•••••""• stole: It50' snc 7 1 35373
0.009 Acres N
(404 S. F.)
N88'84'45"E ~ o a' so'
r 40.73"
_is of Searing)
ESM'i Ex lO~Bke Eosemen(
501'05'75°E~ ~-EX 20" U!%r Eosemen/
___J____
EX^HIBIT
1'agv '. ur2
-- PnaClil. ^Iie0iNli ,\ Df ttOElt ib~l'
Pnsc aJ
C[TS' OF Dti6ldt\
-Cl';6t1'ORA2Y EASF,\tENT
FROM
UF.IIOFLA}t A. DH:f3O1ii2
Situated in the City ul Dublin. Cotully of Franklin. State oC Ohiu, and being part of V,~LS. 2999
and being a part of Lot 1 in Dublin (ilcn as [hc snort is numbered and dclincatcd upon the
recorded plat thereof u( record in flat Book S(1, 1'agc 85, of the ranklin County Rcconicr's
Of(7ce.
Begimting. Cor relerenec, at an iron pin tound at Ote northwest corner of said Lot I in Dublin
Glen as recorded in Plat 3ook SU, Page 85, also being a point iu the cast line of a 0.398 acre tract
of land tom-eyed m the City of Dublin for Post Road right-oC-vvay as dcccrihed in Instrument
199910060252207 0l the Franklin Counh~ Recorder's Olfce;
l'hencc 5 D4°38'SC>"F, a distance ot` 10.02 feet along the west line of said Dublin Gkn, same
being a point in the cast line ufsaid 0.398 acre tract as conecycd to the Cih~ oC Dublin (or Post
Road «ah(-of-w;n-;
"fhcncc iv 88°54'45"L a disLUtcc of 41L 73 feet across the Grantor's Ixnds along a line 10 Ccet
south of as mcasurcd by right angic and parallel with the south right-of \vay line oC Post Road to
ate rang rorwr of uecrrvvrrvc
"fhcncc continue ~ 88°ST45"E a discmcc of 6').33 feet across the Grantor's lands along a line
10 fcM south of as mcasurcd by right angle and parallel with t}te south right-ul-\vay lint of Post
Road to a point:
['hence S Ol°OS'IS"b; n dist;utee of 10.00 feet across the Grantor's lands to a point, said point
being 20.00 feet south of as mcaslred by right angic Gom the south right-oGwav line of Post
Road;
1 hence S 88°54'4S'~~' a distance eC34,33 feet across the Grantor's lands aioltg a new line '_0
Icet south of as measured by right angle and parallel with the south right-of-\vay line of Post
Road to a point,
Thcncc S 01°0915"E a distance of 10.00 feet across t;tc Grantor's lands to a point, said point
being :40.00 feet south oCas mcasurcd by right angle li-om the south light-of-\vay Zinc uCPost
Road;
Thcncc S 88°54'45"W u distance of 74.48 feet across the Grantor's hinds along a new line 30
Cect south of as mcasurcd by right angle and parallel with the south right-of-tcay line u( Pust
Road to a point in the cast buundar}- line of a '_290 acre tract of land owned by Williams
Dcvclopmcnt Ltd, as described in htstnnnent 199812100319073, of the Franklin County
IZccordcr's OiYcc, ;uxl being also a point in the \res( tine of Lot 1 in Dublin Glcn as the s:nnc is
numbered and dclincatcd upon th;; « cordal plat Utcrcn C, of record in Plat Book 80. Page 85. of
the Franklin Counly Recorder's Office;
Thence A' 04°38'56"\V a distance of 10.02 Cee[ :dung the west line of Lot I in said Dublin Glen
and ezst line o(said 2.290 acre tract of laral conveyed to Williams Development Ltd to an iron
pin found in the northwest comer of said 4t'illiams Dcvclopntent Ltd;
-rhmtce V 38°54'45°E a disunite of 40.10 feet across the Grantor's lands along a new tine 20
Fcct south of as mcasurcd by right angle and parallel \vi[h the south rigltl-of-trry lint of Post
Road to a point;
Thcncc ~ Ol°US't5"V'v` a distance oC 10.011 feet to the 77ZUE PO/:Vr oP' UEGOYA7iF'G.
The above described area contains 0.033 :Acres within the Prmtklin Coanty Auditor's Parcel
\~unilxr 273-007064. A drawing of this description is attached hereto and made a part hereof.
EXHIBIT B
Page 2 of 2
PARCGL DEBORAH A. DEBOER IG-T
Post Rd
Version Dam 03-17-08
Grantor claims title by Instrument 200707030115881, 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 prepazed 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, with the centerline of Post Road being held as N88°54'45"E as
shown.
j,E...,o .F ...., C G~ ~ ~7~~
P ... O '%
' `` :' WBtTEH -~.;ti :, Walter A. Dodson, P.S. 6446, hio
yr 0. ~~, o E Burgess & Niple, Inc.
a GCO~{D^SOCN
f` {iTTY V ~~ 4
N ':~ . n
G''~:...:....' 0
'•. HIE Y~0 P
CITY OF DUBLIN
V.M.S 2999, FRANKLIN COUNTY, OHIO
BIKE PATH EASEMENT
0.009 Acres N
(404 S. F.~
N88'$4'4$°E ~ zs sv'
r 40.73'
I~~yc
I P_OST__ROAD Q~
-___.¢.~_-- P--_-i-
C.7y O/ Oub/n ~ ,
Ol9B oc~e lroc! 504'3856'c
70.02'
/nsf. x%999/0060252207 _ _ ~g
_ _70_ _U!./ir Eosemen _
N04'38'$6"W
10.02
WILLIAMS DEVELOPMENT, LTD
2.290 ACRES
INST. //199872100319073
LEGEND
O Monument Found
ORRSROilroad Spike Found
Iron Pin Found
~q $/e" x 30" rebor set with
~' plastic I.O. cap: "DODSON 6446"
( ) parenthesis indicates recortl dimension
if different than measured.
P.o.b -Point Of Beginning
P.O.c -Point Of Commencement
4$" (Boss o`: Bearing)
:SM'T Ex JO' B:4e Eosemen(
SO 7'05'1>"~ /rEX ZOO UhL'(y Easement
10.00' !!! / I
Nom. ~4i"E~, I J - I
69.33' ----I ---
_ _ __J___
SBB'S4'd5 rs~ o -
34.33 I I
1588'$4'4$"W ~~ I ool
/~cr'. I 74.48• ~~n ~ oN I
I
` -N
00 1 ~ I TEMP. ESM~T oo j r': I
o? a ~ 0.033 Acres -"' I i
=p, O I :n t_ _ J
N ~ I r`i
all DEBORAH A. DEBOER
~~'I 6333 POST RD
1 ; ~ PID: 273-007064 Lor 2
Inst. #20070 7030 1 1 58811
I '{ Lor I f
I DUBLIN GLEN
1 PLAT 900K 80 PACE 65
I I
r_~________y _________ ________
1 10' U(%i/ Eosemen(
__~-__ __
I
I
II
I do hereby certify that this plat was based upon actual ;
the premises performed in Joly. 2006. through March, 20C
opan o~ailoble public records. 6eorings used in this descri
based on Ohio State Plane Coordinates. South Zone, NADt9
odjustmen Q. and are far [he determino6on o! vngles only,
centerline of Posl Road being held as N88'$4'4$"E os sho
Waller Allen Dodson PS 6446, Ohio
.~ S
nd olWALTER '
:are A•
E986 DDDSDR
a; "
' ~'~~ 6446
J":c c•~:' P F
. U'~~....:...•' ~ •:
H V E ~
6e85 Revd Rovd, Co(um4vv, ahb 4a220
(614) 460-2060
Survey fer:
CITY OF DUBLIN
SURVEY OF 0.009 ACRES
FROM
DEBORAH A. DE80ER
6333 POST ROAD
xaa: i•-SO' ~sno t /i ~ 35373