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Ordinance 53-12RECORD OF ORDINANCES Dayton Legal Blank. Inc. Fonn Na. 30043 53 -12 =Odinance Passed 1 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE A 2.085 ACRES, MORE OR LESS, FEE SIMPLE INTEREST FROM NORTHERN DREAMBUILDERS CORP. WHEREAS, the City of Dublin ( "City") is preparing to construct the Emerald Parkway Phase 8 Roadway Construction Project ( "Project "); and WHEREAS, Northern Dreambuilders Corp. ( "NDC) owns two parcels of real property ( the "Property") that the City must acquire certain property interests from in order to construct the Project, which are legally described in Exhibit "A" to this ordinance; and WHEREAS, the City and NDC participated in discussions for the acquisition of the Property and have come to mutually agreeable terms for the acquisition; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and NDC. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, q of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a combined 2.085 acres, more or less, fee simple interest from Northern Dreambuilders Corp. Section 2. Northern Dreambuilders Corp. shall be compensated for the aforementioned property interests in the amount of Three Hundred Ninety Thousand Dollars ($390,000.00). Section 3 . This ordinance shall become effective as of the earliest date permitted by law. Passed this ,�— day of , 2012. Mayor - Presidia g Officer ATTEST: 01 � Clerk of Council CE M I L LE.RLLP LEGAL COUNSEL MEMORANDUM TO: Dublin City Council Marsha I. Grigsby, City Manager Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Dana McDaniel, Deputy City Manager/Director of Economic Development Stephen J. Smith, Law Director Asim Z. Haque DATE: September 6, 2012 RE: Ordinance No. 53 -12 Emerald Parkway Phase 8 Northern Dreambuilders Corp. 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 Northern Dreambuilders Corp. ( "Owners "). The City will be acquiring from the Owners the entire property known as Franklin County Auditor Parcel Nos. 273- 008630 and 273 - 008632. 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 $345,000. The right -of -way and easements needed for the project were valued at $175,050. 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: Memo re. Ordinance 53 -12 — Land Acquisition — Northern Dreambuilders Corp. September 6, 2012 Page 2 PROPERTY INTEREST ACQUIRING ACRES COST 1. Fee Simple (Parcel Nos. 273- 008630 & 273- 008632) 2.085 $390,000 TOTAL COMPENSATION $390,000 ACTION TO BE AUTHORIZED BY ORDINANCE: Ordinance 53 -12 would allow the City Manager to execute all necessary conveyance documentation to formally acquire the aforementioned property. RECOMMENDATION: Staff recommends approval of Ordinance No. 53 -12 at the second reading/public hearing on September 24, 2012 as the acquisition of the property described herein is necessary for the furtherance of the Emerald Parkway Phase 8 construction project. City of Dublin 5800 Shier Rings Road • Dublin, Ohio 43016 -1236 Phone (614)410 -4600 • Fax (614)761 -6506 LEGEND PROPOSED RIGHT -OF -WAY 21 -WD: 0.854 Ac. (PRO = 0.078 Ac.) PROPOSED PERMANENT EASEMENT 21 -U: 0.260 Ac. TOTAL TAKE: 2.085 Ac. (INCLUDES 21 -WD & 21 -U) J 0- 4150 4136 BRIGHT I BRIGHT ROAD ROAD EMERALD PARKWAY PHASE 8 4052 & 4030 BRIGHT ROAD DUBLIN, OHIO 43017 Q 3 �I al 0 J Q W X w BR N, r L i i EX R/W I I DRAWN CHECKED DATE: JOB NO. MSS 08/16/12 07 -008 P e e 4030 4000 BRIGHT I., BRIGHT ROAD 7 ROAD SCALE V _ iow sw ss 0 sw I e3usa3a • W Attachment to Deed from JLH Inter; i0mi 1 , Inc tO Donald J. Held and Janet L. Held } 8ITCATBD ITT TEB STATE 07 0810, COmM OF PAADTLQ IN A= IN TSE yONl788IP ,08 PSRRY AND SOT3YM AND D4$CRZBED AB FOL,LONE r + I IN RAW= 19- TOWNSHIP 2, BICTICmT 2, FRAN)Z+IN 0000. Oslo. f nalxo A PIRCCL OUT 07 A 12.93 A= 113= 07 THE SWZM B %=lcM OF 41.9 ACRE TPP= DE8OMED ni DE= W= 1217, PAGE 246, RECOEDEH'S 017ICS, FRAIUG.IIT COMTPYI CSIO, TLM BoTDtD7►TZZEa or sA1n VAX= 3=='3 DEECRZa:a As WOLLONB, s:OMOMM AT A 6PQ3 IN MM CEMM OF B=G= 'M' BATA POSIT? 533an 121.85 FEET FROM IRON AY IN PITT i000MM rzz EOaTE =? COMDR OF BATD 12.93 ACRE TRACT ITOETS OP Do' NEST AND B ARX . n 70 TAX MEET LIKE 07 BATA 12.93 ACQE T71ACT, PA$S ZR C VI" OR 2 .0 AND, ,� 344.19 MT a TOTAL DIMNCA 07 459.80 FEET TO A PPOIN T r tat T 8oVM 97• 44' RUT, A OrSTANCE OF Z. SS FEET 70 AN ANCfLE PQnTT ZU BALD Cmum OP $AID C9 =J TEES woRT8 4SO 32' sA=, ,A DISMCE 07 $4.34 FEET TO A POS3TS' 33T THE CENTER 07� 1 SAID � E f rajb BOMB 3. 23' ZMM AYD PASSIM IRON PDfB AT 123.17 FEET AM 480.6 SSYS', A TOSAZ. DISTANCE OF SOD.! 1IIET TO A Spl" IH THE CZK= LIDS OF BRIOHT R0AD1 Tswcs B00'lg 04• 36' NEST W= BA.ID CE2> M &nM 07 6RZ=T ROAD' A DISTANCE 07 91.39 FE&T TO m P[ACE OF BED, CONMUMM 0,841 A=, MORE OR L.668. 405 Bri Road Dubli 43016 1 11f I r DP e L O v 8 3n JDM r 7 l C— E '� 1 IF DOQPj-. .A.. Situarod in the county of Franklin, in the State Qf Chic end in tine Tc&rkstdp of "arc/ and bounded and dawrLbed as f011oaa: Situated in parry Tow+ hip, pAnge 19, 3bA—hip 2, Section 2, Franklin County. Chin, and being a parse, cut.of a 12,83 acre tract of the Scuth.est section of a.".92 acre tract describad in Dwd Book 1277, page 236, Flaoorder's office, Franklin County, Ohio. Beginning at a point in the oantar lire of Bright Hoed, -,aid point being North 84 llajrem 36 mimtes Fast Cd 213.23 flat distant free the Southwest OornIr of said 12.84 ace tract which i a190 the Southwest corner of said 46.92 acra tI&C MOnticned above: thence Horth 3 Degrees 23 Minutes West and parallel to the Fast line of said 12.84 r,cro tract and passing an iron pin at 30 feet a distance of 377.43 feet to an iron pin a° the tap of a South - bw* Of a ravine; Haas cartlnrlrg with said lira a dlsten3e of 123.17 feet to a point in tin cerwtef ofh� f 132.67 Nor 45 332 na South 3 a creek Fast vibe the centar of said clock a a Pow Degrees 23 Minutes Fast leaving said crook and parallel to the first dw-�ibsd lira and 300 feet distant therefrom a distanca of 22.51 feet to an lrtn Din; trw" cmtirruirq with said line a di.sterne of 558.16 feet to a point in the center line of said Bright Road paaaing a wooden stake, at 115.96 feat and an iron pin at 5U.16 feet; the,nca Scuth 77 Degrees 08 Minutes West: with twee cantor line of said road a distanoe of 27.53 feet to a spike at an angle paint in said road: thmwca co tinaring with the canter line of ;aid road South B4 Degrees 36 Minutes Nest s distance of 72.90 feet to the place of beginning containing 1.244 acres, vo a or less. 1 I- L 0� 1 " Donn A �� F F °U " Fran . In r DES R std 3 VERIFIED BY q DAI