HomeMy WebLinkAbout94-00 OrdinanceRECORD OF ORDINANCES
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Ordinance No .................................94-00.................. Passed ..................................................................,
AN ORDINANCE TO APPROPRIATE A 0.101 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST AND A 0.009 ACRE, MORE OR LESS TEMPORARY
CONSTRUCTION EASEMENT, FROM R. STEVEN MARCUS AND DOROTHY
J. MARCUS, LOCATED SOUTH OF DAN-SHERRI AVENUE AND WEST OF
AVERY ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO,
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to construct a cul-de-sac on Dan-Sherri Avenue west
of Avery Road; 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, it is necessary to amend the annual appropriations ordinance to provide funding for this
acquisition.
N~, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. A fee simple interest and temporary construction easement in and to the premises
located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the legal
descriptions attached hereto as Exhibits "A" and "B" are hereby appropriated for the public purpose
of constructing a cul-de-sac on Dan Sherri Avenue west of Avery Road, pursuant to Ohio Revised
Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interests appropriated at Twelve Thousand Five
Hundred Forty Dollars and 00/100 Cents ($12,540.00) which sum shall be deposited with the
Franklin County Common Pleas Court for the use and benefit of the owners of the property
appropriated as their interests may appear. Upon such deposit, the City of Dublin shall take
possession of and enter upon the property pursuant to law.
Section 3. Council fords that the appropriation is necessary for the stated purpose, that the City
has been unable to agree with the owner of the property as to appropriate compensation, and that the
City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the Franklin
County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the
real estate herein described above.
Section 5. There be appropriated from the Capital Improvements Tax Fund Twelve Thousand
Five Hundred Forty Dollars ($12,540.00) to account 401-0314-780-2550 for the purpose of acquiring
right-of--way and easements to construct a cul-de-sac on Dan-Sherri Avenue west of Avery Road, and
paying all costs incident to such acquisition.
Section 6. 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
construction of a cul-de-sac on Dan-Sherri Avenue west of Avery Road is necessary to relieve traffic
congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
day of , 2000.
--
M r -esidng Officer
1 hereby certify that copies of this Ordinance/Resolution were
G1~ el iTubl;n in accordance w;th Section 731.15 of the Ohio F
ATTEST:
Q,QO~'~e-~ 'ouncif, Dublin, Ohio
Clerk of Council
in the
Code.
P:\DATA\COUNCIL\ORDINANC\2000\9400 MARCUS DAN-SHERRI.DOC
_it.AB.CEL 1 ti~~
CITY OF DUBLIN, OHIO
R. STEVEN & DOROTHY 1. MARCT.JS
DESCRIPTION OF
ADDITIONAL RIGHT-OF-WAY FOR DAN-SHERRI AVENUE
PAGE 1 OF 1
SITUATE IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 3004, AND BEING PART OF LOT 6 OF THE DAN-SHERRI
SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 94, AS CONVEYED TO R. STEVEN AND
DOROTHY J. STEVEN BY DEED OF RECORD IN OFFICIAL RECORD 11899 J12, RECORDS OF THE
RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING FOR REFERENCE AT FRANKLIN COUNTY MONUMENT NO. FOGS 7749 IN THE
CENTERLINE OF AVERY ROAD;
THENCE SOUTH OS°17'23" WEST, A DISTANCE OF 269.51 FEET ALONG THE CENTERLINE OF
AVERY ROAD TO THE NORTHEASTERLY CORNER OF THAT 0.692 ACRE TRACT AS CONVEYED TO R.
STEVEN AND DOROTHY J. STEVEN BY DEED OF RECORD IN OFFICIAL RECORD 11899 J12;
THENCE SOUTH 85°50'23" WEST, A DISTANCE OF 246.78 FEET ALONG THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE AND ALONG THE NORTHERLY LINE
OF SAID 0.692 ACRE TRACT TO AN IRON PIN FOUND MARKING THE NORTHEASTERLY CORNER OF
SAID LOT 6, AND BEING THE POINT OF TRUE BEGINNING FOR THE HEREIN DESCRIBED TRACT OF
LAND;
THENCE SOUTH 03°12'37" EAST, A DISTANCE OF 20.02 FEET ALONG THE COMMON LINE OF
SAID LOT 6 AND SAID 0.692 ACRE TRACT TO AN IRON PIN SET IN THE NEW SOUTHERLY RIGHT-OF-
WAY LINE OF DAN-SHERRI AVENUE;
THENCE WITH A CURVE TO THE RIGHT, ACROSS SAID LOT 6, AND ALONG THE NEW
SOUTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE, HAVING A RADIUS OF 60.00 FEET, A
CENTRAL ANGLE OF 140°23' 11", A CHORD DIRECTION OF NORTH 83°56'52'' WEST, AND A CHORD
DISTANCE OF 112.90 FEET TO AN IRON PIN SET MARKING THE NORTHWESTERLY CORNER OF SAID
LOT 6 AT THE INTERSECTION WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF DAN-
SHERRI AVENUE;
THENCE NORTH 85°50'23" EAST, A DISTANCE OF 111.44 FEET ALONG THE NORTHERLY LINE
OF SAID LOT 6, AND THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE TO
THE POINT OF TRUE BEGINNING, CONTAINING 0.101 ACRE, MORE OR LESS, OF WHICH THE
PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA 0.101 ACRE IS CONTAINED WITHIN THE FRANKLIN
COUNTY AUDITOR'S PARCEL 274-000050.
ALL IRON PINS SET ARE 5/8 INCHES IN DIAMETER BY 30 INCHES LONG, TOPPED WITH A 1-
1/2" DIAMETER ALUMINUM CAP STAMPED "R.D. ZANDE".
THE BEARING DATUM OF THE AFORE-DESCRIBED PARCEL IS BASED UPON THE
CENTERLINE OF AVERY ROAD AS BEING SOUTH OS°17'23" WEST, FROM AN ADJUSTED CLOSED
TRAVERSE BETWEEN FRANKLIN COUNTY MONUMENTS FCGS 7749 AND FCGS 7748.
THIS DESCRIPTION WAS PREPARED ON APRIL 26, 2000 BY TIM ALLEN BAKER, REGISTERED
SURVEYOR 7818 AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN IN DECEMBER 1999 BY
R. D. ZANDE AND ASSOCIATES, INC. UNDER THE DIRECTION OF SAID SURVEYOR.
A DRAWING OF THIS DESCRIPTION KNOWN AS EXHIBIT "B" IS ATTACHED HERETO AND
MADE PART THEREOF.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 11899 J12,
OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
R. D. ZANDE AND ASSOCIATES, INC.
TiM AL.LEN~'~ yyL
BAKER ~ REGISTERED SURVEYOR NO.7818 DATE
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6EGIN FOR
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BASIS OF BEARINGS
THE BEARING DATA ARE BASED UP01~ THE CENTERLINE OF
AVERY ROAD AS BEING SOUTH 05'17 23" WEST, FROM AN
ADJUSTED CLOSED TRAVERSE BETWEEN FRANKLIN COUNTY
MONUMENTS FCGS 7749 AND FCGS 7748.
NUMBER DIRECTION DISTANCE
L1 S 03'12'37" E 20.02'
LZ N 85'50 23" E 111.44'
NUMBER ~ RADIUS ~ DELTA ANGLE ~ CHORD BEARING
C1 60.00' 140'23'11" N 83'56'52" W
City of Dublin. FYanklin County, Ohio
Virginia 1[ilitesy Survey 3004
SCALE: 1 " = 60' DATE: APRIL, 2000
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Registered Surveyor X7818 Dote
EXHIBIT A
PARCEL 1 T
CITY OF DUBLIN, OHIO
R. STEVEN & DOROTHY J. MARCUS
DESCRIPTION OF A TEMPORARY CONSTRUCTION
EASEMENT FOR DAN-SHERRI AVENUE
PAGE 1 OF 1
SITUATE IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 3004, AND BEING PART OF THAT 0.692 ACRE TRACT AS
CONVEYED TO R. STEVEN AND DOROTHY J. STEVEN BY DEED OF RECORD IN OFFICIAL RECORD
1 1899 J12, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
IEGINNING FOR REFERENCE AT FRANKLIN COUNTY MONUMENT NO. FCGS 7749 IN THE
CENTERLINE OF AVERY ROAD;
THENCE SOUTH OS°17'23" WEST, A DISTANCE OF 269.51 FEET ALONG THE CENTERLINE OF
AVERY ROAD TO THE NORTHEASTERLY CORNER OF SAID 0.692 ACRE TRACT;
THENCE SOUTH 85°50'23" WEST, A DISTANCE OF 246.78 FEET ALONG THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE AND ALONG THE NORTHERLY LINE
OF SAID 0.692 ACRE TRACT TO AN IRON PIN FOUND MARKING THE NORTHEASTERLY CORNER OF
LOT 6 OF THE DAN-SHERRI SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 94, AND BEING
THE POINT OF TRUE BEGINNING FOR THE HEREIN DESCRIBED TRACT OF LAND;
THENCE NORTH 85°50'23" EAST, A DISTANCE OF 46.11 FEET ALONG THE NORTHERLY LINE
OF SAID 0.692 ACRE TRACT, AND ALONG THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF
DAN-SHERRI AVENUE TO A POINT;
THENCE SOUTH 04°09'37" EAST, A DISTANCE OF 7.00 FEET ACROSS SAID 0.692 ACRE TRACT,
AND PERPENDICULAR TO THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI
AVENUE TO A POINT;
THENCE SOUTH 85°50'23" WEST, A DISTANCE OF 38.99 FEET ACROSS SAID 0.692 ACRE
TRACT, PARALLEL TO THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE
TO A POINT;
THENCE SOUTH 25°37'50" WEST, A DISTANCE OF 15.00 FEET ACROSS SAID 0.692 ACRE
TR.Q~CT TO AN IRON PIN SET IN THE EASTERLY LINE OF SAID LOT 6;
THENCE NORTH 03° 12'37" WEST, A DISTANCE OF 20.02 FEET ALONG A COMMON LINE OF
LOT 6 AND SAID 0.692 ACRE TRACT TO THE POINT OF TRUE BEGINNING, CONTAINING 0.009 ACRE,
MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA 0.009 ACRE IS CONTAINED WITHIN THE FRANKLIN
COUNTY AUDITOR'S PARCEL 274-000050.
ALL IRON PINS SET ARE 5/8 INCHES IN DIAMETER BY 30 INCHES LONG, TOPPED WITH A 1-
1/2" DIAMETER ALUMIN[JM CAP STAMPED "R.D. ZANDE".
THE BEARING DATUM OF THE AFORE-DESCRIBED PARCEL IS BASED UPON THE
CENTERLINE OF AVERY ROAD AS BEING SOUTH OS°17'23" WEST, FROM AN ADJUSTED CLOSED
TRAVERSE BETWEEN FRANKLIN COUNTY MONUMENTS FCGS 7749 AND FCGS 7748.
THIS DESCRIPTION WAS PREPARED ON APRIL 26, 2000 BY TIM ALLEN BAKER, REGISTERED
SURVEYOR 7818 AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN IN DECEMBER 1999 BY
R. D. ZANDE AND ASSOCIATES, INC. UNDER THE DIRECTION OF SAID SURVEYOR.
A DRAWING OF THIS DESCRIPTION KNOWN AS EXHIBIT "B" IS ATTACHED HERETO AND
MADE PART THEREOF.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 11899 J12,
OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
````~`~ P;~~~~~Ng~~' R. D. ZANDE AND ASSOCIATES, INC.
TIM ALLEN ~ ~ y~~ .. "~
:~ BAKER
% ~ REGISTERED SURVEYOR NO. 7818 DATE
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EXHIBIT
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AND
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BELLI
O.R. 35016 D06 I
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DOROTHY J. I
MARCUS
LOT 6 I
O.R. 11899 J12
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O ~~ISTING IRON PIN
• = IRON PIN SET
EXHIBIT B _ __J ~
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BEGIN FOR
I REFERENCE
I
JAMES A. AND FCGS
MARCUS 7749
CHERYL FRAZIER
0.550 AC.
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O.R
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. 0.291 AC.
I.N.19980303
I 0047309 ~
POIM' OF TRUE
BEGINNING 1T I I
----
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L5 L4
_ _--~-5 85_50" L~
- 246.78
PARCEL 1 T
0.009 AC.
-o.ooo Ac.
0.009 AC.
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GROSS) xl
PRO) R. STEVEN ANDW
CND) DOROTHY J.
MARCUS
0.692 AC.
O.R. 11899 J 12 I
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SHARON L. UPPERMAN I
0.629 AC. I ~
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~3C~C;400O [~l 9 EXHIBIT OF PARCEL 1T
Po ~ 0 80o P®o 3~ DAN SHERRI AVENUE
BASIS OF BEARINGS
THE BEARING DATA ARE BASED UPON THE CENTERLINE OF
AVERY ROAD AS BEING SOUTH 05'17'23" WEST, FROM AN
ADJUSTED CLOSED TRAVERSE BETWEEN FRANKLIN COUNTY
MONUMENTS FCGS 7749 AND FCGS 7748.
NUMBER DIRECTION DISTANCE
L1 N 03' 12'37" W 20.02'
L3 N 85'50'23" E 46.11'
L4 S 04'09'37" E 7.00'
L5 S 85'50'23" W 38.99'
LS S 25'37'50" W 15.00'
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City of Dublin. Franklin County, Ohio
Virginia llilitnry Survey 3004
SCALE: 1" = 60' DATE: APRIL, 2000
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~ BAKER ~ ~'~ R.D. Sands at .lssociatis, Inc.
7818 ~°, ~ >.ZS9' D~sbltn Road
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Registered Surveyor X7818 Datn