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Ordinance 39-12RECORD OF ORDINANCES 39 -12 Ordinance No. Passed 1 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION FOR THE ACQUISITION OF A 2.865 ACRES, MORE OR LESS, FEE SIMPLE INTEREST FROM HERBERT E. JONES AND JANET F. JONES. WHEREAS, the City of Dublin ( "City") is preparing to construct its Emerald Parkway Phase 8 roadway construction project; and WHEREAS, Herbert E. Jones and Janet F. Jones ( "Owners ") own property known as Franklin County Auditor's Parcel Nos. 273 - 008633 and 273 - 008634 ("Property") that the City must acquire in order to construct the Emerald Parkway Phase 8 project; and WHEREAS, the City and Owners participated in discussions for the acquisition of the Property from Owners; and WHEREAS, the City and Owners have come to mutually agreeable terms for the acquisition of the Property; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between Owners and the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 4Lof the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire the entirety of Franklin County Auditor's Parcel Nos. 273- 008633 and 273 - 008634 consisting of an approximate 2.865 acres, more or less, fee simple interest from Herbert E. Jones and Janet F. Jones, as depicted in the attached Exhibit "A ". Section 2. The Owners shall be compensated for the aforementioned Property in the amount of Four Hundred Ninety Six Thousand One Hundred Eighty Three Dollars ($496,183.00). Section 3 . This ordinance shall take effect on the earliest date permitted by law. Passed this JtEn day of 2012. �/► /0 z �ding Officer ATTEST: Clerk of Council I CE M I L LEf2LLP LEGAL C0ON SEL MEMORANDUM TO Dublin City Council Marsha I. Grigsby, City Manager Paul A. Hammersmith, PE, Director of Engineering /City Engineer FROM Dana McDaniel, Director of Economic Development/Deputy City Manager Stephen J. Smith, Law Director Asim Z. Haque DATE: May 31, 2012 RE: Ordinance No. 39 -12 Herbert E. Jones and Janet F. Jones Emerald Parkway Phase 8 PROJECT BACKGROUND The City of Dublin ( "City ") is preparing to construct the Emerald Parkway Phase 8 roadway construction project. The City must acquire property interests from various landowners located within the City in order to construct this roadway project. A representative of the City has reached out to landowners in order to gauge their respective interests in selling the needed property interests to the City. ACQUISITION INTRODUCTION: The City has successfully negotiated a land sale transaction with Herbert E. Jones and Janet F. Jones (collectively the "Owners "). The City will be acquiring from the Owners the entire property known as Franklin County Auditor Parcel Nos. 273- 008633 and 273- 008634. The City didn't require the entire property to construct the project, but based upon the size of the residual property and resulting development potential, the City determined that it was in its best interest to acquire the properties in total. This property is depicted in the map attached to this memorandum. The City had an appraisal completed that established a value for the entire parcel and a value for only the right -of -way and easements that would be needed to complete the project The parcels were given a value of $451,075. The right -of -way and easements needed for the project were valued at $50,475. However, as stated above, it was determined that the remaining property would be impacted in such a way that it would have little or no future development potential. In total, the acquisition consists of the following property interests, with the correlating negotiated costs: Ordinance 39 -12 — Herbert E. Jones and Janet F. Jones Acquisition — Emerald Parkway Phase 8 May 31, 2012 Page 2 Property Interest Acquiring ACRES COST Fee Simple (Parcel Nos. 273 - 008633 & 273 - 008634 2.865 $496,183 TOTAL COMPENSATION $496,183 ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 39 -12 would allow the City Manager to execute all necessary conveyance documentation to formally acquire the aforementioned property. RECOMMENDATION: Staff recommends approval of Ordinance No. 39 -12 at the second reading/public hearing on June 18, as the acquisition of the property described herein is necessary for the furtherance of the Emerald Parkway Phase 8 construction project. EXHIBIT A LEGAL DESCRIPTION FRANKLIN COUNTY TAX PARCEL NO. 273 - 008633 4000 Bright Road Situated in the County of Franklin, in the State of Ohio and in the Township of Perry, Range 19, Township 2, Section 2, and being a parcel out of a 12.84 acre tract of the Southwest section of a 46.92 acre tract described in Deed Book 1277, Page 246, Recorder's Office, Franklin County, the boundaries of said parcel being described as follows: Beginning at a point in the centerline of Bright Road, said point being N. 77 Deg. 08 Min. E. and 27.53 feet distant from a spike at an angle point in said road, said spike being N. 84 Deg. 36 Min. E. and 286.13 Feet distant from the Southwest corner of said 12.84 acre tract which is also the Southwest corner of said 46.92 acre tract mentioned above; Thence, N. 3 Deg. 23 Min. W. and parallel to the east line of said 12.84 acre tract and passing an iron pin at 30 feet a distance of 558.16 feet to an iron pin at the top of the south bank of a ravine and passing a wooden stake at 441.20 feet; Thence continuing with said line a distance of 22.51 feet to a point in the center of a creek; Thence N. 45 Deg. 32 Min. E. with the centerline of said creek a distance of 11.24 feet to a point in said creek Thence N. 56 Deg. 40 Min. E. a distance of 105.64 feet to a point in said creek; Thence S. 3 Deg. 23 Min. E. leaving said creek and parallel to the first described line and 100 feet distant therefrom a distance of 73.71 feet to an iron pin; Thence continuing with said line a distance of 550.37 feet to a point in the centerline of Bright Road and passing an iron pin at 520.37 feet; Thence S. 77 Deg. 08 Min. W. with the centerline of said road a distance of 101.39 feet to the place of beginning containing 1.385 acres, more or less and subject to all legal highways. Permanent Parcel Number: 273 - 008633 -00 Herbert E. Jones and Janet P. Jones Husband and Wife Also known as: 4000 Bright Road, Dublin, Ohio 43016 4111395v1 EXHIBIT B LEGAL DESCRIPTION FRANKLIN COUNTY TAX PARCEL NO. 273 - 008634 3960 Bright Road Situated in the Township of Perry, County of Franklin, in the State of Ohio, and bounded and described as follows: Being a parcel out of a 12.34 acre tract of the Southwest section of a 46.92 acre tract, described in Deed Book 1277, Page 246 Recorder's Officer, Franklin County, Ohio, the boundaries of said parcel being described as follows: Beginning at a point in the centerline of Bright Road which point bears N. 77 Deg. 08 Min. E. 128.92 Feet from a spike which bears N. 84 Deg. 36 Min. E. 286.13 feet from an iron pin at the Southwest corner of said 12.34 acre tract, said iron pin is also the Southwest corner of the 46.92 acre tract mentioned above; thence from said beginning point N. 3 Deg. 23 Min. W. parallel to the East line of said 12.84 acre tract a distance of 624.08 Feet to a point in the center of a creek, passing iron pins at 30.00 feet and 550.37 feet; thence with the center of said creek N. 56 Deg. 40 Min. E. a distance of 115.41 feet to a point; thence S. 3 Deg. 23 Min. E. leaving said creek and parallel to the first described line and 100.00 feet distant therefrom, a distance of 665.00 feet to a point in the centerline of said Bright Road, passing iron pins at 48.72 feet and 635.00 feet; thence with the centerline of said road S. 77 Deg. 08 Min. W. a distance of 101.39 feet to the place of beginning, containing 1.480 acres more or less and subject to all legal highways. Also known as: 3960 Bright Road, Dublin, Ohio 43017 4111395v1 City of Dublin 5800 Shier—Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)410 -4699 LEGEND PROPOSED RIGHT -OF -WAY 22 -WD: 0.247 Ac. (PRO = 0.082 Ac.) PROPOSED PERMANENT EASEMENT 22 -U1: 0.021 Ac. 22 -U2: 0.023 Ac. PROPOSED TEMPORARY EASEMENT 22 -T1: 0.058 AC. 22 -T2: 0.025 AC. TOTAL TAKE: 2.865 Ac. (INCLUDES 22 -WD, 22 -U1, 22 -U2, 22 -T1 & 22 -T2) 22� r- 22 DRAWN CHECKED MSS KBR DATE: JOB NO. 05/23/12 07- 008 —CIP EMERALD PARKWAY — PHASE 8 HERBERT E. JONES & JANET F. JONES 4000 & 3960 BRIGHT ROAD DUBLIN, OHIO 43017 QIv 4030 4000 3960 BRIGHT BRIGHT BRIGHT ROAD ROAD ROAD J a 0- T1 r+ 3950 BRIGHT ROAD � T2 tov EX RAW _ EX R W SCALE V _ ,ow 0 ss W 1w