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Home My WebLink About155-97 Ordinance AMENDEDRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 155-97(Amended) Ordinance No-------- -- ----------- - Passed------- ------- ----- ------ ------- --- --19-- - - PURPOSES OF EXPANDING COSGRAY PARK AND PROVIDING PARKLAND AND RECREATIONAL FACILITIES FOR THE RESIDENTS OF THE CITY OF DUBLIN. THE REAL ESTATE IS OWNED BY PDV MIDWEST REFINING, L.L.C., CONSISTING OF APPROXIMATELY 9+/- ACRES, LOCATED WEST OF COSGRAY ROAD AND SOUTH OF S.R. 161. WHEREAS, the City of Dublin is preparing to expand Cosgray Park, and provide parkland and recreational facilities for the residents of the City of Dublin; and S, said expansion and improvements will require the City of Dublin to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the Township of Washington, Franklin County, Ohio. WHEREAS, it is necessary to amend the annual appropriations measure to provide authorized funding for the acquisition. NOW, T~ ARE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concumng that: Section 1. A fee simple interest in and to the premises located in the Township of Washington, 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 expanding Cosgray Park and to provide parkland and recreational facilities, 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 Two Hundred Twenty Five Thousand Dollars and 00/100 Cents ($225,000.00) which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owner of the property appropriated as his interest 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 unappropriated balance in the General Fund the amount of $225,000 to account 01-01-19-2510 for the purpose of purchasing this 9+/- acre tract and paying related acquisition costs. Passed this Ljr~ day of ~,~_P~.r,,,~~,/ , 1997. or -Presiding Officer ATTEST: ~~~~,~,_ ~l - I he~~by Certify #hat co~~es of this Ordnance/Resnfu#ierr were Clerk of Council Gty of Dublin in accordance with Section 731.25 of the tit;io i ! in iha•:' Coda ~,,~st Clerk Cou c' ,Dublin, o I~C.16.1 1 ~ 34PM Cf~2LI~E PRTCHEN - ..~,.~..a..~..~..~.~ N0.350 P.2~4 973632 Deccxrtber 10,1997 DESCRIPTION OF 9.000 ACRES OF LAND LOCATED ON THE W&STSRLX SIDB OF COSC3RAY ROAD AND NORTH OF COSt3RAY PLACE, IN THE TOWNSHIP OF WASHINt3TON, COt~TY OF FRANKLIDi, STATE OF OHIO Situated in the State of Ohio, County of Franklin, Township of Washington, being in Virginia btilitary Survey No. 6748 and contairring 9.000 acres of hard, mon ar Uess, said 9.000 awes being out of that trarx of land (25.685 acres of land, more ar less, according to a survey by Bauer, Davidson & M Inc.) described in Exlu'bit A in the decd to 1Vlidwest Refining, L.L.C., of record in Otfrcial Record 35081 H04, Recorder's Office, Franklin Conroy, Ohio, said 9.000 acre arcs of land being morn partbatlarly deacn'bod as follows: Beginning, for nefierenca, at the centerline interaectiarr of Cosgray Road and Cosgray Place as said iatetseetia~n is desi~stod and upon the record pUt of Cosgray Placx, of moonl in Plat Book 50, Page 36, Recorder's Office, Praekiin County, Ohio; thence N 15 ° 59'25" W, with the centerline of said Cosgray Road and with the eastetmnost line of said Cosgray P}ace (subdivision), a distance of 319.72 feet to a railroad spy found at the sorry corner of said 23.685 acre tract, the same being the nerly comer of said Coagcuy Place (Sttbdivisien); theater S Sz°26'47" w, with the southerly line of said 25.685 atxe trail, with the zwrf~ly line of said Cosgray Place {subdivision) and with the northerly line of that 17220 seas tract of land deacaibed in Exhibit "A" in the deed to the City of Dublin, Ohio, of record is Official Racotd 17936)l 3, Recorder's Office, Franklin County, Ohio, wing a 3/4-i~h (I.D.) iron pipe found d a distance of 40.11 fleet, a total distance of 1105.40 foot to a 314-inch (I.D.) iron pipe set at the true point of begirmiag; 'i1>ence, from said true poi of beginning, S 82 °2G47"W, with the southerly line of acid 25.685 acre tract and with the northerly lirde of said 17.220 Hess tract, a distancx of 564.95 feet to a 3!4-inch (1.D.) iron pipe foand at tha aouthwesoerly comer of laid 25.685 acre tract in the westerly line of said Virginia Military Survey No. 6748, the same being the rutrthwestaly cocoa of said 17220 acre tray in the easterly line of Virginia Military Survey No. 6954, and is the essDecly Dine of that tract of land (I 57.339 acres of land, more ar leas, seconding to a survey by Bauer, Davidson at. Merrh8ttt, ~•) ~ TR.ACT #3 as desraibed in the C~d9eate of Traa~afer to Cieage M. McCulloch (10096 of as undivided o~half interest), of record is Official Recrnd 27343I04, Recorder's Office, Franklin Couaiy, Ohio; Thenra N 6°38'34"E, with said Virginia Milira<y Survey Lines, with the westerly line of said 25.685 sae tract and wide the ea9terly line of said 157.339 acre tract, a distance of 694.30 feet m a 3/4-inch (I.D.) iron pipe set at the northwesterly corner of said 25.685 sera tract, the satru being the satthw~eakrly of Fishel IndusCri~al Pack No. 1 Third Amendment Subdivision Plat, of record iu Plat Book 77, Pages 79 and 80, Recorder's Office, Franklin Countyy, Ohio, said. iron pipe being Located S 6°38'34" fi, a distance of 1866.59 fat from a P.K. nail Eowad at the point of intecsoctiear of said Virginia Military Survey Line and the onrtrrline of State Route 161; Theaax, from said iron pipe, N 82°30'05" E, with the northerly line a~f said 25.685 acre tract and with the southerly line of Fiahel Industrial Park No. i Third Amendod Subdivision, a distance of 564.94 fed to a 3/4-inch (I.D.) irua- pipe set; 'Ilrenve S 6°38'34"E, paraikl with and 564.88 feet eastaiy &om„ as measured at right angles, the westerly line of said 25.685 are tract and cro>siing said 25.685 acre tree, a distance of 693.76 feet m the true poim. of begumring and containing 9.000 ease of hnxi, more ar less. PA4B 1 OF 2 PAGE I?EC.16.1997~) 1~35PM CARLILE PATCHEN N0.350 P.3i4 973632 Deceanbes 20, 2997 DESCRIPTION OF 9.000 ACRES -WESTERLY S1Dly OF COSC3RAY ROAD AND NORTH OF COSGRAY PLACB Subject to all rIghRs-of-way, ~ssements [ard restrictions, if any of pmvions recc~d. We hereby stale that this description was prepared from intbzmetian obtained from sn actual field survey eonductod by Bauer, Davidson & Mercbemt, Inc. in December of 1997. All of the survey markers noted in the foregoing description were in placx in December of 1947. The beariags givan in the #ncegoing description are based upon the bearing of S 82°29'07"Was gives far the northerly line of that 31.049 acre tt~t of land described is the Certi~eame of TttrosSer to Jtmiot H. Vowe1I, of accord in Inatztunad No.1997 0523 000 6911, Recorder's t'Jffice, i+ranklin Cnuety, Qhie. ,~,, Q t 0 BAUBR, DAVIDSON do MBRCHANT, INC. Pr b~ J0~ +~p _ ~-- ~, owns $y ~ 4 8042 y 'e L. 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