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Home My WebLink About95-00 Ordinance RECORD OF ORDINANCES 95-00 ............... Passed ..............................................................., . Ordinance No .................................................. AN ORDINANCE TO APPROPRIATE A 0.007 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM R. THOMAS LOW, LOCATED NORTH 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 temporary construction easement in and to the premises described in the attached Exhibit "A" 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. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. A 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 description attached hereto as Exhibit "A" is 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 Seventy Six Dollars and 00/100 Cents ($76.00) 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 finds 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 Seventy Six Dollars ($76.00) to account 401-0314-780-2550 for the purpose of acquiring an easement 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. Pass th' day of , 2000. ayor Presiding Officer ATTEST: I hereby certify that copies of this Ordinance/Resolution were poste+ Gty of Dublin in accordance with Section 731.25 of the Ohio Revised ~ v ~~~~ Clerk of Council C1gy~ a of Council, Dublin, Ohio P:\DATA\COUNCII.\ORDINANC\2000U5-00 LOW DAN-SHERRI.DOC in the Code. EXHIBIT A PAGE 1 OF 1 PARCEL 2 T CITY OF DUBLIN, OHIO R. THOMAS LOW DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR DAN-SHERRI AVENUE SITUATE IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 3004, AND BEING PART OF THAT 0.517 ACRE TRACT AS CONVEYED TO R. THOMAS LOW BY DEED OF RECORD IN OFFICIAL RECORD 34344 D09, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE AT FRANKLIN COUNTY MONUMENT NO. FCGS 7749 IN THE CENTERLINE OF AVERY ROAD; THENCE SOUTH OS°17'23" WEST, A DISTANCE OF 208.69 FEET ALONG THE CENTERLINE OF AVERY ROAD TO THE SOUTHEASTERLY CORNER OF THAT 0.291 ACRE TRACT AS CONVEYED TO THE CITY OF DUBLIN, OHIO BY DEED OF RECORD IN INSTRUMENT NUMBER 199803030047309; THENCE SOUTH 85°50'23" WEST, A DISTANCE OF 255.77 FEET ALONG THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE AND ALONG THE SOUTHERLY LINE ~~F SAID 0.517 AND 0.291 ACRE TRACTS TO THE SOUTHEASTERLY CORNER OF LOT 12 OF THE DAN- S~zRPS SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 94, AND BEING THE POINT OF TRUE IEG'NNIT:G FOR THE HEREIN DESCRIIED TRACT OF LAND; THENCE NORTH 03°12'37" WEST, A DISTANCE OF 7.00 FEET ALONG THE WESTERLY LINE OF SAID 0.517 ACRE TRACT, AND ALONG THE EASTERLY LINE OF SAID LOT 12 TO A POINT; THENCE NORTH 85°50'23" EAST, A DISTANCE OF 45.00 FEET ACROSS SAID 0.517 ACRE TRACT, AND PARALLEL TO THE EXISTING NORTHERLY 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 0.517 ACRE TRACT, PERPENDICULAR TO THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE TO A POINT IN THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID DAN-SHERRI AVENUE; THENCE SOUTH 85°50'23" WEST, A DISTANCE OF 45.12 FEET ALONG THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID DAN-SHERRI AVENUE, AND THE SOUTHERLY LINE OF 5AID 0.517 ACRE TRACT TO THE POINT OF TRUE BEGINNING, CONTAINING 0.007 ACRE, MORE OR w..~ LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA 0.007 ACRE IS CONTAINED WITHIN THE FRANKLIN COUNTY AUDITOR'S PARCEL 274-000049. 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 34344 D09, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. ""' ~ ~ T1M ALLEN ~ ; gAICER '. `"~" ~ D ..,p~ #818 ® ? o ~,:.~~: ~~'~'i~o,,!~NAL ~~5...~~~` . R. D. ZANDE AND ASSOCIATES, INC. ~~ REGISTERED VEYOR NO. 7818 DATE EXHIBIT s ~~ .z ; ~; .n s u :n s x ~~ d N W X a m 11 I DL;11Y]~~3Mb /a~~G3GiM~ ~M ° D0 ~/ U~V(~UOo [W~ Po ° O ~?L~o l!P ~.IO tJ~ BRANDON G. I AND JACQUELYN E. I BELLI I O.R. 35016 D06 I 5' EASEMENT---~ I I L7 I I .~A_ SHERR__ 11T UE - -~ (so EX. R W POINT OF TRUE BEGINNING 2T MICHAEL C. R11_EY AND CHERI L. MORGAN 0. R. 30474 C 16 R. STEVEN AND DOROTHY J. MARCUS LOT 6 JAMES A. AND MARCUS CHERYL FRAZIER 0.550 AC. 0. R. 30768 C 1 1 ~ ~. ~~ CV ~ ~~ O N PARCEL 2T i~ ~'~ 0.007 AC. GROSS) X r -0.000 AC. PRO) w 0.007 AC. NET CITY of C ) DUBLIN 0.291 AC. R. THOMAS LOW ~ I.N.19980303 ~ 0.517 AC. ~ 0047309 O.R. 34344 D09 Eg Lg S _ 85' 50' 23"__W____ ~- "~ ~ --------- - - 255.77 r~ _'"'.". 1 ~t _ -`' -_ _ l--~ i - _ -------- I i - -~----- -- - --~- q .~ I O R. STEVEN AND ~ ~ "~ ~ I DOROTHY J. j ~" cep I~ MARCUS w ~ `- ~ I 0.692 AC. ~ ~ X O.R. 11899 J12 '~' I I ~ t I ~ SHARON L. UPPERMAN i ~ I ~ I 0.629 AC. I I O.R. 8360 J12 ~ ~ I O.R. 11899 J12 I __-- O = EXISTING IRON PIN ~ = IRON PIN SET aaa~ada Qo~c~a ~aC~4UOa 9 EXHIBIT 0 P CEL Po ~ 0 80o P®a ~~ DAN SHERRI AVENUE ,~,~jS OF BEARINGS TI-IE BEARING DATA ARE BASED UPON THE CENTERLINE OF AVERY ROAD AS BEING SOUTH 05'17'23" WEST, FROM AN ADJUSTED CL05ED TRAVERSE BETWEEN FRANKLIN COUNTY MONUMENTS FCGS 7749 AND FCGS 7748. NUMBER DIRECTION DISTANCE L7 N 03'12'37" W 7.00' LS N 85'50'23" E 45.00 L9 S 04'09'37" E 7.00' L10 S 85'50'23" W 45.12 City of Dublia, Franklin County, Ohio Virginia 1(ilitary Survey 3004 SCALE: 1 " 60' DATE: APRIL, 2000 ( ~ ~ - ~+ 0 60 120 ~,... . 0 = idl P.~ ~~ A. ~° BAKER • ~ ~ ° : ~~ R.D. Zasidt ~t .lssoc~atos, Inc. >8S~' Drsblia JI'oad ~ 7818 0o ~~ ~~J~~ ~~ cotum8rs~ of~o ,rp8fa cr a E` Z S e NST E,.r JQ. ~~~~ Phost&~ (6f~ff X86-f389 ~-~.,~,; ~27-~ Registered Surveyor X7818 Dare