Ordinance 032-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
32 -15 Amended
Ordinance No. Passed . 20.
AN ORDINANCE AUTHORIZING THE APPROPRIATION OF A 5.120
ACRES, MORE OR LESS, FEE SIMPLE RIGHT -OF -WAY, OF WHICH
1.308 ACRES ARE LOCATED WITHIN PRESENT ROAD OCCUPIED;
AND A 0.387 ACRE, MORE OR LESS, TEMPORARY EASEMENT
FROM BPACQ, LLC AND TIM HORTON'S AS LESSEE OF THE
PROPERTY, FOR THE PROPERTY LOCATED AT 6490 RIVERSIDE
DRIVE, FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE
INTERSECTION OF STATE ROUTE 161 AND RIVERSIDE DRIVE
AND THE RELOCATION OF RIVERSIDE DRIVE TO THE EAST.
WHEREAS, in the early part of 2013, BPACQ ( "Seller ") entered in real estate purchase contract
with 6949 Riverside Drive LLC, the owners of real property consisting of approximately 10.994
acres known as the Bridge Pointe Shopping Center ( "Bridge Pointe "); and
WHEREAS, during this same time period, the City of Dublin (the "City") was preparing plans for
the redesign of the intersection of Riverside Drive and West Dublin - Granville Road and the
relocation of Riverside Drive north of the intersection to the east ( "Project "); and
WHEREAS, these plans established that the City would need to acquire 5.120 acres from Bridge
Pointe for Right of Way ( "Right of Way ") from Bridge Pointe; and
WHEREAS, BPACQ and the City entered into negotiations for the necessary Right of Way under
the threat of eminent domain; and
WHEREAS, BPACQ and Dublin negotiated a real estate purchase agreement ( "REPA ") for the
purchase of the Right of Way in lieu of the City using its power of eminent domain; and
WHEREAS, in addition to the REPA, the City negotiated a lease with Seller to lease back to the
Seller the Right of Way as part of the consideration for the allowing Bridge Pointe to operate as a
Shopping Center until such time as the City is ready to move forward with it Project and to
minimize the opportunity for immediate hardships on the commercial tenants located on the site,
and to allow the landlord to negotiate lease terminations and business relations; and
WHEREAS, City Council authorized the REPA and lease pursuant to Ordinance 38 -13; and
WHEREAS, BPACQ and the City closed on the REPA and entered into the lease on or about June
11, 2013; and
WHEREAS, the City intends to take physical possession and begin construction of the project on
the Bridge Pointe Right of Way on May 15, 2015; and
WHEREAS, BPACQ successfully negotiated the termination of four of the five leases at Bridge
Pointe; and
WHEREAS, Bridge Pointe's one remaining leaseholder is Tim Hortons; and
WHEREAS, the Right of Way the City will be taking possession of, inter alia, completely
eliminates Tim Hortons ability to operate its drive thru and will eliminate several of the existing
vehicular access point to 6949 Riverside Drive; and
WHEREAS, the eminent domain clause in the lease between BPACQ and Tim Hortons provides
for the termination upon the appropriating party's physical possession of a material portion of the
property encumbered by the lease; and
WHEREAS, the eminent domain clause in the lease between BPACQ and Tim Hortons also states
that Tim Hortons is not entitled to any damages arising out of an eminent domain matter, except
for special damages relating to relocation expenses and any other recognized statutory special
damages; and
WHEREAS, over the last two years, the City has been in negotiations with Tim Hortons in an
effort to assist Tim Hortons in its efforts to find a suitable site for replacing this store and
discussing special damages; and
WHEREAS, the City and Tim Hortons have been unable to reach an agreement on the above; and
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
32 -15 Amended Page 2 of 2
Ordinance No. Passed_ _ _ y � ) o
WHEREAS, pursuant to Chapter 163 of the Ohio Revised Code, this Ordinance is the next step by
the City to provide a forum for the City and Tim Hortons to have the dispute formally concluded
while allowing the City to construct its project timely; and
WHEREAS, based upon the final construction drawings for the roadway improvements it has
been determined that the City also needs an additional 0.387 temporary easement from BPACQ for
the construction of the Right of Way.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. Council considers it necessary and declares its authorization to appropriate and take
possession of, for the public purpose of constructing a roundabout at the intersection of State
Route 161 and Riverside Drive, and relocating Riverside Drive to the East, fee simple right -of-
way, and a 0.387 acre, more or less, temporary easement, for the appraised value of Twenty Three
Thousand, Two Hundred Twenty Dollars ($23,220.00), as described in the Exhibits labeled "A"
and depicted in the Exhibits labeled "B," all attached hereto and to address special damages arising
out of the City's purchase of 5.120 acres, more or less, for Right of Way claimed by Tim Hortons
Exhibits labeled "C" and depicted in the Exhibits labeled "D ".
Section 2. This Council further hereby authorizes and directs the City Manager, the Director of
Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to
prepare and sign all agreements and instruments and to take any other actions as may be
appropriate to implement this Ordinance.
Section 3. The City Law Director's office is hereby authorized to file a petition for
appropriation in the county Court of Common Pleas should it become necessary.
Section 4. This Ordinance is declared to be an emergency necessary for the immediate
preservation of the public peace, health, safety or welfare, and for the further reason that obtaining
the property interest is necessary for the advancement of this Project. The Ordinance shall
therefore take effect immediately upon passage.
Passed this day of , 2015.
9 yor — Presiding fic
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: April 23, 2015
Initiated By: Terry Foegler, Director of Strategic Initiatives /Special Projects
Stephen J. Smith, Law Director
Memo
Re: Ordinance 32 -15 — An Ordinance Authorizing the Appropriation of a 5.120
Acres, More or Less, Fee Simple Right -of -Way, of which 1.308 Acres are
Located within Present Road Occupied; and a 0.387 Acre, More or Less,
Temporary Easement from BPACQ, LLC and Tim Horton's as Lessee of the
Property, for the Property Located at 6490 Riverside Drive, for the
Construction of a Roundabout at the Intersection of State Route 161 and
Riverside Drive and the Relocation of Riverside Drive to the East.
Summary
On May 20, 2013, Council passed Ordinance 38 -13 authorizing the City Manager to purchase 5.120
gross acres of property from Crawford Hoying Ltd. /BPACQ ("Seller'). The 5.12 acres represented
the ROW required for the City's planned roadway improvements in the area, which included the SR
161— Riverside Drive roundabout, and the relocation of Riverside Drive.
The City closed on the purchase of this Property on or around June 11, 2013. In addition to the
real estate purchase agreement, the City entered into a lease of the net property, 3.812 acres, to
allow the Bridge Pointe Shopping Center to operate in its current configuration until such time as
the City was ready to begin construction on the Riverside Drive /Dublin - Granville Road roundabout
and the relocation of Riverside Drive north of the intersection to the east.
Consistent with its approved Five -Year Capital Improvements Program, the City plans to move
forward and take physical possession of the property on May 15, 2015. While the City purchased
the property from Crawford Hoying, one outstanding issue remains with the only remaining
leaseholder at Bridge Pointe, a Tim Hortons drive through restaurant. Tim Hortons' land lease for
its site expires on December 31, 2021, and includes a provision that effectively terminates the
lease.
The City has been in discussions with Tim Hortons for over two years in an effort to assist in the
relocation of the store. On March 18, 2015, the City prepared and delivered a good faith offer
letter to Tim Hortons in an effort to resolve the matter. On April 13, 2015, the City passed a
Resolution of Intent to Appropriate to initiate the eminent domain process in the event that a
resolution cannot be reached. The City desired to pass this resolution of intent as an additional
step in moving this matter forward to conclusion, while facilitating the planned construction of key
roadway improvements.
The next step in the eminent domain process is the present ordinance for Council to consider,
authorizing the City to file an appropriation action against BPACQ/Crawford Hoying and Tim
Hortons for the appraised value of the temporary easement, which is Twenty Three Thousand Two
Memo re. Ord. 32 -15 — Land Appropriation — BPACQ, LLC /Tim Hortons
April 23, 2015
Page 2 of 2
Hundred Twenty Dollars ($23,220.00) and depositing the amount of money to allow the project to
go forward, which in this case is de minimis.
Recommendation
Staff recommends that Council pass Ordinance 32 -15 by emergency at the second reading /public
hearing on May 4 for the immediate preservation of the public peace, health, safety, and welfare,
and for the further reason that acquiring the subject property will keep the Project moving
forward.
TEMPORARY EASEMENT
0.387 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, County of Franklin, State of
Ohio, lying in Quarter Township 3, Township 2, Range 19, United States Military Lands, being a strip of
land on, over and across that 7.182 acre tract conveyed to BPACQ, LLC of record in Instrument Number
201306110096728, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and
being more particularly described as follows:
BEGINNING at the northerly common comer of said 7.182 acre tract and that 5.120 acre tract
conveyed to the City of Dublin, Ohio by deed of record in Instrument Number 201306110096726, in the
southerly right -of -way line of Dale Drive (60 feet wide) of record in Plat Book 55, Pages 81 and 82;
with said southerly right -of -way line, with the arc of a curve to the right, having a central
angle of 03° 00'22", a radius of 370.00 feet, an arc length of 19.41 feet, a chord bearing of North 84°
40'35" East and chord distance of 19.41 feet to a point;
Thence across said 7.182 acre tract, the following courses and distances:
South 07 24'41 " East, a distance of 80.79 feet to a point;
South 05 59'25" East, a distance of 188.99 feet to a point;
South 17° 39'34" East, a distance of 141.10 feet to a point;
South 23° 02' 19" East, a distance of 134.22 feet to a point;
South 29° 40' 57" East, a distance of 107.40 feet to a point;
South 40° 36' 08" East, a distance of 68.11 feet to a point;
South 53° 54'32" East, a distance of 213.04 feet to a point;
South 84 04' 47" East, a distance of 95.29 feet to a point;
South 73° 59' 21" East, a distance of 53.37 feet to a point; and
South 84 40' 01" East, a distance of 47.30 feet to a point in the westerly line of Lot 2 of that
subdivision entitled "Dale Center" of record in Plat Book 58, Pages 81 and 82;
Thence South 14° 01' 13" East, with the line common to said Lot 2 and said 7.182 acre tract,
a distance of 8.64 feet to a point in the easterly common corner of said 7.182 and 5.120 acre tracts;
Thence with the line common to said 7.182 and 5.120 acre tracts, the following courses and
distances:
North 80° 49' 26" West, a distance of 133.00 feet to a point;
North 88° 33'55" West, a distance of 70.00 feet to a point;
North 70° 47'35" West, a distance of 28.00 feet to a point;
North 57° 10'46" West, a distance of 40.00 feet to a point;
North 51 51' 31" West, a distance of 25.00 feet to a point;
North 51' 20' 08" West, a distance of 35.00 feet to a point;
North 54° 44'38" West, a distance of 40.00 feet to a point;
North 47° 43' 47" West, a distance of 36.00 feet to a point;
North 42° 37' 38" West, a distance of 42.00 feet to a point;
0.387 ACRE
-2-
North 38° 36' 19" West, a distance of 37.00 feet to a point;
North 34° 21'58" West, a distance of 37.00 feet to a point;
North 29 33'47" West, a distance of 49.00 feet to a point;
North 26° 29' 52" West, a distance of 60.00 feet to a point;
North 18° 15' 15" West, a distance of 184.00 feet to a point;
North 15° 02'28" West, a distance of 78.00 feet to a point;
North 10° 18'33" West, a distance of 142.00 feet to a point;
North 07° 31' 16" West, a distance of 118.20 feet to the POINT OF BEGINNING, containing
0.387 acre, more or less.
W1 14311 t1 EVANS, MECHWART, HAMBLETON & TILTON, INC.
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JOSHUAM. -
MEYER oC = Joshua M. Meyer Date
�p S -8485 �: Professional Surveyor No. 8485
IBM TEMPORARY EASEMENT
Knan, aweroaman ine. QUARTER TOWNSHIP 3, TOWNSHIP 2, RANGE 19
NftW a»
' " ""' UNITED STATES MILITARY LANDS
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M AW . CITY OF DUBLIN, COUNTY O FRAN STATE OF
Date: March 19, 201 1 Job No. 2013 -0451
Scole: I = 100'
L � E� L 60Y)
P.B, 58, PP. 81 & 82 �— -
100' 0 100' 200'
0.387 AC.
1 GRAPHIC SCALE (in feet)
BPACQ, LLC
7.182 AC. (DEED)
I.N. 201306110096728
DALE CENTER
P.B. 58, PP. 81 & 82
LOT NO. 2
CONNELLY BRUESHABER REAL
ESTATE HOLDINGS, LLC
N. 201408200108795
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oshua M. Meyer Date
Professional Surveyor No. 8485
5.120 ACRES
Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Quarter Township 3,
Township 2, Range 19, United States Military Lands, and being part of that 12.363 acre tract conveyed to 6490
Riverside Drive, LLC by deed of record in Instrument Number 201203120033906 (all references are to the
records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for reference at a 3/4 inch iron pipe found at the northwesterly comer of Lot 1 of that
subdivision entitled "Dale Center" of record in Plat Book 58, Pages 81 and 82, the northeasterly corner of said
12.363 acre tract in the southerly right -of -way line of Dale Drive (60 feet wide) as dedicated in said Plat Book
58, Pages 81 and 82;
thence with the southerly right -of -way line of said Dale Drive and with the northerly line of said
12.363 acre tract, the following courses and distances:
North 86 °30'03" West, a distance of 340.75 feet to a point of curvature;
with a curve to the left having a central angle of 10 1 1912 ", a radius of 370.00 feet, an arc length of
66.68 feet and a chord that bears South 88 °20'11" West, a chord distance of 66.59 feet to an iron pin set at the
TRUE POINT OF BEGINNING;
thence across said 12.363 acre tract, the following courses and distances:
South 07 °31'16" East, a distance of 118.20 feet to an iron pin set;
South 10 °1833" East, a distance of 142.00 feet to an iron pin set;
South 15 °02'28" East, a distance of 78.00 feet to an iron pin set;
South 18 0 15'15" East, a distance of 184.00 feet to an iron pin set;
South 26°29'52" East, a distance of 60.00 feet to an iron pin set;
South 29 0 3347" East, a distance of 49.00 feet to an iron pin set;
South 34 °21'58" East, a distance of 37.00 feet to an iron pin set;
South 38 °36'19" East, a distance of 37.00 feet to an iron pin set;
South 42 °37'38" East, a distance of 42.00 feet to an iron pin set;
South 47 °4347" East, a distance of 36.00 feet to an iron pin set;
South 54 °44'38" East, a distance of 40.00 feet to an iron pin set;
South 51 °20'08" East, a distance of 35.00 feet to an iron pin set;
South 5l °51'31 " East, a distance of 25.00 feet to an iron pin set;
South 57 °10'46" East, a distance of 40.00 feet to an iron pin set;
South 70 °47'35" East, a distance of 28.00 feet to an iron pin set;
South 88 °3355" East, a distance of 70.00 feet to an iron pin set;
South 80 °4926" East, a distance of 133.00 feet to an iron pin set in the line common to said 12.363
acre tract and Lot 2 of said "Dale Center" subdivision;
thence South 14 °01'13" East, with said common line a distance of 31.00 feet to an iron pin set at the
common comer of that 0.048 acre tract conveyed to the City of Dublin, Ohio by deed of record in Official
Record 19911 F07 and that 0.718 acre tract conveyed to the City of Dublin, Ohio by deed of record in Official
Record 22210I18, in the northerly right -0f -way line of State Route 161;
thence North 86 0 52'35" West, with the line common to said 12.363 and 0.718 acre tracts and with the
northerly right -of -way line of said State Route 161 a distance of 596.56 feet to a magnetic nail set in the
easterly line of that tract conveyed to Joe Wing and Forest Wing by deeds of record in Deed Book 621, Page
144, Deed Book 830, Page 141 and Deed Book 915, Page 486, said Wing tract is encumbered by highway
PRELIMINARY
APPROVAL
FRAIK�LIN CUtJNTY
ENGINEERING DPPT.�
DATE .a ' Y -
5.120 ACRES
-2-
easements conveyed to The State of Ohio by deed of record in Deed Book 1004, Page 54 and County of
Franklin by deed of record in Deed Book 1003, Page 496;
thence North 53 0 36'10" West, with the line common to said 12.363 acre tract and said Wing tract, a
distance of 98.12 feet to a magnetic nail set at the southeasterly comer of that 2.187 acre tract conveyed to the
Village of Dublin, Ohio by deed of record in Official Record 75700O2, being in the centerline of State Route
257 as shown on the following right -of -way plan sets "S.H. 48 SEC. Dublin BR. & APPR. (1934)" "Dublin -
Bellepoint Road S.H. 558 SEC. A. (1940)" "S.H. 558 SEC. A PT (1944)" on file with District 6, Ohio
Department of Transportation, Delaware, Ohio;
thence with the line common to said 12.363 and 2.187 acre tracts and with the centerline of State
Route 257 the following courses and distances:
North 13 °40'44" West, a distance of 658.02 feet to a magnetic nail set;
North 16 °01'44" West, a distance of 52.53 feet to a magnetic nail set at the common comer of said
12.363 acre tract and the remainder of the original 9.356 acre tract conveyed to Village Square Center LTD. by
deed of record in Deed Book 3672, Page 531;
thence North 73 °58'16" East, with the line common to said 12.363 acre tract and the remainder of said
original 9.356 acre tract, a distance of 55.00 feet to an iron pin set in the easterly right -of -way line of State
Route 257;
thence with the southerly right -of -way line of Dale Drive as dedicated in said Plat Book 58, Pages 81
and 82 and the northerly line of said 12.363 acre tract, the following courses and distances:
with a curve to the right having a central angle of 89 °47'59 ", a radius of 20.00 feet, an are length of
31.35 feet and a chord that bears North 28 °52'15" East, a chord distance of 28.23 feet to an iron pin set at a
point of tangency;
North 73 °46'15" East, a distance of 105.81 feet to an iron pin set at a point of curvature;
with a curve to the right having a central angle of 09 °24'10 ", a radius of 370.00 feet, an arc length of
60.72 feet and a chord that bears North 78 °28'20" East, a chord distance of 60.65 feet to the TRUE POINT OF
BEGINNING and containing 5.120 acres, more or less of which 1.308 acres are located within the present
right -of -way as occupied. Of said 5.120 acres, 1.078 acres are located within parcel number 273 - 008994
(0.186 acre within present right -of -way as occupied), 0.566 acre is located within parcel number 273 -008869
(0.202 acre within present right -of -way as occupied), 0.330 acre is located within parcel number 273 -008243
(0.159 acre within present right -of -way as occupied), 1.687 acres are located within parcel number 273 -008833
(0.749 acre within present right -of -way as occupied), 0.907 acre is located within parcel number 273 - 008834
(0.012 acre within present right -of -way as occupied), 0.309 acre is located within parcel number 273 -008832,
0.238 acre is located within parcel number 273 -008856, and 0.005 acre is located within parcel number 273-
008858
Subject, however, to all legal rights -of -way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty
(30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on the Ohio State Plane Coordinate System South Zone as per NAD83
(1986 Adjustment). Control for bearings was from coordinates of monuments FRANK 73 and FRANK 74,
having a bearing of South 73° 57' 18" East, established by the Franklin County Engineering Department, using
Global Positioning System procedures and equipment.
This description is based on an actual field survey performed by or under the direct supervision of
Joshua M. Meyer, Registered Surveyor Number 8485 in April 20I3.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
J09HUA M.
ME) IK Z Joshua M. Meyer Date
8-8485 � Professional Surveyor No. 8485
JMM
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SURVEY OF ACREAGE PARCEL
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UNITED STATES MILITARY LANDS
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
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