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Home My WebLink About96-00 OrdinanceRECORD OF ORDINANCES Blank Co. ...................... Ordinance No ..............96-00..................................... Passed .................................................................., . AN ORDINANCE TO APPROPRIATE A 0.017 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM BRANDON G. BELLI AND JACQUELYN E. BELLI, 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 descriptions 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 One Hundred Eighty Five Dollars and 00/100 Cents ($185.00) 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 One Hundred Eighty Five Dollars ($185.00) 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. day of , 2000. Ma~/~esidin~ Officer ATTEST: ~~~~~~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were City of Dublin in accordance with Section 131.25 of the Ohio A C Q,~Cler f Council, Dublin, Oflio in the Code. P:\DATA\COUNCII.\ORDINANC\20WV6-00 BELLI ON DAN-SHERRI.DOC EXHIBIT A PARCEL 3 T CITY OF DUBLIN, OHIO BRANDON G. & JACQUELYN E. BELLI 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 LOT 12 OF THE DAN-SHERRI SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 94, AS CONVEYED TO BRANDON G. AND JACQUELYN E. BELLI BY DEED OF RECORD IN OFFICIAL RECORD 35016 D06, 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 360.77 FEET ALONG THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE AND ALONG THE SOUTHERLY LINE OF SAID 0.291 ACRE TRACT, AND ALONG THAT 0.517 ACRE TRACT AS CONVEYED TO R. THOMAS LOW BY DEED OF RECORD IN OFFICIAL RECORD 34344 D09, TO AN IRON PIN FOUND THE SOUTHWESTERLY CORNER OF SAID LOT 12, AND BEING THE POINT OF TRUE BEGINNING FOR THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 04°09'37" WEST, A DISTANCE OF 7.00 FEET ALONG THE WESTERLY LINE OF SAID LOT 12 TO A POINT; THENCE NORTH 85°50'23" EAST, A DISTANCE OF 105.12 FEET ACROSS SAID LOT 12, AND PARALLEL TO THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF DAN-SHERRI AVENUE TO A POINT; THENCE SOUTH 03°12'37" EAST, A DISTANCE OF 7.00 FEET ALONG A COMMON LINF_ OF 5.~.'?? 0.517 ACRE TRACT AND SAID LOT 12 TO THE SOUTHEASTERLY CORNER OF SAID LOT 12; TI-iENrE SOUTH 85°50'23" WEST, A DISTANCE OF 105.00 FEET ALONG THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID DAN-5HERRI AVENUE, AND THE SOUTHERLY LINE OF SAID LOT 12 TO THE POINT OF TRUE BEGINNING, CONTAINING 0.017 ACRE, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA 0.017 ACRE IS CONTAINED WITHIN THE FRANKLIN COUNTY AUDITOR'S PARCEL 274-000061. 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 35016 D06, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. `o~o~°~`~~4~~»Q~~,~~i'A / R. D. ZANDE AND ASSOCIATES, INC. ' y .. TfNi 1uLEId '4; s~ B~CER -ti i ~ ~ #818 ! ~ ~ ® ; o~ REGISTERED SURVEYOR NO. 7818 DATE ~ ` ~ OAF ~ ~C~~~~~ rf~~~~+ .-~ e- , sr - ~ ~ y....,. ,, '~r,~:~MA L S.. EXHIBIT s __~ i JAMES A. AND MARCUS CHERYL FRAZIER 0.550 AC. O.R. 30768 C11 BEGIN FOR I REFERENCE I FCGS 7749 AND ~ ~ ~ JACQUELYN E. I N BELLI I ^ ~ O.R. 35016 DO6 N I ~ I --12 -~ I 0 oQa~~aaaQa ~ ~~ ~ ~anon~aona Po ° a ~~p P~o 8~ I BRANDON G. L11 IPF ~., ~ ~~ R W ~~ o~ N a 0 0 N O ~~ d~ ~wi .~~' z LJ i n L w a N v <; r.-, MICHAEL C. RILEY AND CHERI L. MORGAN ).R.304~j74 C16 [~i R. THOMAS LOW i ~ ~i 0.517 AC. I O.R. 34344 D09 x 5' EASEMENT--'I w I I CITY OF PARCEL 3T DUBLIN I 0.017 AC. GROSS) 0.291 Ac. -0.000 AC. PRO I I.N.19980303 ~ ) I 004 309 0.017 AC. (NET) I I I ~ EX. RLN1_ S _85'50_23___W___ L12 _____.----1 _ _ ____-- - 360.77 L13 - ~_ SHE_I AVENUE - _----~ ____-- - ------ (6 0) r _ _ _ _~_ _ _ __.--•- - -- o r~ I .~ ~ POINT OF TRUE I ~ ~ 4 ~ I~~.GiNNiNG 3T R. STEVEN AND ~~ ~ '~ ~I ,~ ~ DOROTHY J. I ~~ ><I ~~ MARCUS w °;ti 0.692 AC. ~~ I O.R. 11899 J12 ~ ~ I I I I I ~ R. STEVEN AND I SHARON L. UPPERMAN i I DOROTHY J. I 0.629 AC. i I MARCUS I O.R. 8360 J12 ~ 0.692 AC. O.R. 11899 J12 I .-.._- - ~- ~^' ~- -~' '~--- i ~ ~ aaaoaad Qo~®a ~ac~4ooa ~ 0-EXISTING IRON PIN p~ ° ~ ~~p p®o ~Q ®= IRON PiN SET THE BEARING DATA ARE BASED UP01~ TIDE 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 L7 S 03'12'37" E 7.00' L11 N 04'09'37" W 7.00' L12 N 85'50'23" E 105.12 l.,.1' S 85'50'23" W 105.00' 11 I EXHIBIT OF PARCEL 3T DAN SHERRI AVENUE City of Dublin, ~anklin County, Ohio Virginia Military Survey 3004 SCALE: 1" a 60' DATE: APRIL, 2000 i~i,~~~~~ 0 F~ . 0 80 120 '~~~~~~~ TIM oy ~ A. o~ * BAKER ~ R.D. Zasrde at .lssociates, Iftc. jD 7818 ~°. ~ >,Z9y Drs61la~ Road o,~~.p~c ~,~c J~ ~ ~ Colrsmbug Ofcfo f.9.Z>5 =_Es'ti. ; s7 N..~' Q~ ~~~ Phon~• (6>~~ X86-f.PB9 '-..S~ONA1. `'O~~~ii '`~~••..ua~n~a ec~istared Surve~y~r ~"7~:1 t3 Cats