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Home My WebLink About167-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 3004:1 Ordinance No. _ ~_ ~_------------- Passed---- - ------ - - - - --19-- - AN ORDINANCE TO APPROPRIATE A 0.0224 ACRE PERMANENT SERVICE ROAD EASEMENT, A 0.0590 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.0057 ACRE PERMANENT SLOPE EASEMENT IN PROPERTY OWNED BY FJ&S INVESTMENTS, LOCATED ON THE SOUTH SIDE OF POST ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve the Post Road Bridge over I-270; and WHEREAS, said improvement will require the City of Dublin to obtain a permanent service road easement, a temporary construction easement and a permanent slope easement in and to the premises described in the attached Exhibits "A", "B" and "C" 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 permanent service road easement, a temporary construction easement, and a permanent slope 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", "B" and "C" are hereby appropriated for the public purpose of improving Post Road Bridge over I-270, 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 Five Thousand Two Hundred Dollars and 00/100 Cents ($5,200.00) 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 fmds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owners 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 Capital Improvements Tax Fund Five Thousand Two Hundred Dollars ($5,200.00) to account 40-03-14-2550 for the purpose of 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 improvement of the Post Road Bridge over I-270 is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this .day of ~ ~ YN, b -[ / , 1997. or -Presiding Officer ATTEST: Clerk of Council I herehy certify that copies of this Ord-nonce/R'eseFaFion were posted n thy: City of Dublin in accordance wit4 Section 731.25 of the Vttio Revised C de. wit tf k of uncil, Du i ,Ohio EXHIBIT A -PARCEL 2R CITY OF DUBLIN, OHIO -POST ROAD WIDENING F.J. & S. INVESTMENTS DESCRIPTION OF PERMANENT SERVICE ROAD EASEMENT Situated in the State of Oliio, County of Franklin, City of Dublin, and being part of a 1.840 acre tract conveyed to F.J. & S. Investments by deed of record in Official Record 05799 H02 of the Franklin County Recorder's Office, and being more particularly described as follows: i Beginning, for reference, at the northeasterly corner of the said 1.840 acre tract on the old ,,, centerline of Post Road; Thence S O1 °28' 19" E, along the easterly line of the said 1.840 acre tract, 42.83 feet to the true point of beginning; Thence S O 1 °28' 19" E, along the easterly line of the said 1.840 acre tract, 38.29 feet; Thence N 69°42'21" W, 27.23 feet; Thence N O1 °02' 12" W, 39.54 feet; Thence S 67°03'08" E, 27.45 feet to the true point of beginning, containing 0.0224 acres, more or less, and being more particularly delineated on the attached Exhibit B. Tliis description was prepared by Burgess & Niple, Limited by S. Patrick Mills, Professional Surveyor No. 7158 from an actual field survey and available records in May 1997. The bearings are based on the I-270 plans FRA-270-7.47N with the centerline of Post Road immediately southeast of I-270 being S 62°49'45" E. EXHIBIT A All•STATEsINTERNATIONAI PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FO R CITY OF DUBLIN, OHIO F.J. 8c S. INVESTMENTS EXHIBIT B - PARCEL 2R 0 0 D OQ \` ~~~ WILLOW GROVE CONDO 7 ASSOCIATION PHASE IIIA ~ O.R. 00550 E05 ~ 14.245 ACRES ~- -__ --_ -__ -_ __ 1 ,_ ~~ // 0 p -- --_ o -__ ~_ T R -__ Ojgo EASEMENT FOR _ HIGHWAY PURPOSES ~` D.B. 2672, PG. 686 MGyWAY ENT FOR \ ~~__ X61 \ 1 ~ ~ - S 67'03'08" E 0~~ -_ C -__ - , - 27.45' j ~, cn '~° T f ~~~Nf ~~~_ / N I \ W ~ \ \ I N 01'02' 12" W 39.54' ~' ~~ \\ 0.0224 ACRE ~ ~~~ PERMANENT °o ~~, I SERVICE ROAD `~°- m POB \ ~ ~ i I EASEMENT I N 69'42'21" W 27.23' i w N F.J. & S. INVESTMENTS O.R. 05799 H02 I 1.840 ACRES SEPT 1997 crn~ r. ~~~ _ ~n~ w ~ I J fnOW Y a W W O~ U O ~~NU ~O(/~ ~~C7 d°~!lT ~'~' Y: 3 N ~ 'l' ~. .~I ' ~ ~ t' 'nlt ;O O 1~~ ~ l~ ~t C• ~ ,. L~~ /~97 EXHIBIT A -PARCEL 2T CITY OF DUBLIN, OHIO -POST ROAD WIDENING F.J. & S. INVESTMENTS DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Oliio, County of Franklin, City of Dublin, and being part of a 1.840 acre tract conveyed to F.J. & S. ]nvestments by deed of record in Official Record 05799 H02 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northwesterly corner of the said 1.840 acre tract on the old centerline of Post Road; Thence S O1 °28' 19" E, along the westerly line of the said 1.840 acre tract, 49.11 feet to the true point of beginning: Thence S 75°36'53" E, 147.45 feet; Thence S O1 °02' 12" W, 49.39 feet; Thence N 43°49'44" W, 67.72 feet; Thence N 75°08'44" W, 99.86 feet to a point on the westerly line of the said 1.840 acre tract; Thence N O1 °28' 19" W, along the said westerly line, 11.56 feet to the true point of beginning, containing 0.0590 acres, more or less, and being more particularly delineated on the attached Exhibit B. Tliis description was prepared by Burgess & Niple, Limited, by S. Patrick Mills, Professional Surveyor No. 7158 from an actual field survey and available records in May 1997. The bearings are based on the I-270 plans FRA-270-7.47N with the centerline of Post Road immediately southeast of I-270 being S 62°49'45" E. EXHIBIT B ALL-STATEe1NTERNATIONAI PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FO R CITY OF DUBLIN, OHIO F.J . 8c S. INVESTMENTS EXHIBIT B - PARCEL 2T 0 oQ- ,`~~, ~Q 0 WILLOW GROVE CONDO 1 ASSOCIATION PHASE IIIA ~ O.R. 00550 E05 ~ 14.245 ACRES `-- ---_ _ --- 1 _ \ _ _~ ~ 1 ` 1 ~~ D J --_ __ po ~~~~ ~- T ----_ R O~D HIGHWAY PURPOSES ~ ~ D.B. 2672, PG. 686 Z ~ \ _ _ POB ~~= ~ ~ p B WAY PURpo R ~„ ~ T S•3 ss. P~ SFs ~1 T~~ 3., e ' 4 j 45, ' °~D c < /~? J` ~ E I 98.86, W <f w\ \ I \ HF I ~' ~ 0.0590 ACRE ~~ 9, tN °; \\\~~~ TEMPORARY '~2AA•• ~o~ ~~~ CONSTRUCTION ~ ~ o ~~ ~ I ~ EASEMENT ~, ~ i W iQ- I F.J. & S. INVESTMENTS O.R. 05799 H02 I 1.840 ACRES SEPT 1997 SCALE: 1 ~~ ~ 50' W o I J N U N X 4Q W ~ W Z ~ U pp ~ O ~ Q N Q C W W ~.~'u~•o, ~ •~ ~. '```~ rn N ao I ~ r., ~~~~ ~ •'Z ~~EDT : ' 3 ~ ` J ~ ' I Z~, , J O ::~I' _ 11 7 1 c'~'`'~ EXHIBIT A -PARCEL 2SL CITY OF DUBLIN, OHIO -POST ROAD WIDENING F.J. & S. INVESTMENTS DESCRIPTION OF PERMANENT SLOPE EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 1.840 acre tract conveyed to F.J. & S. Investments by deed of record in Official Record 05799 H02 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner of the said 1.840 acre tract on the old centerline of Post Road; Thence S O1 °28' 19" E, along the easterly line of the said 1.840 acre tract, 32.95 feet to the true point of beginning; Thence S O1 °28' 19" E, alotlg the easterly line of the said 1.840 acre tract, 9.88 feet; Thence N 67°03'08" W, 27.45 feet; Thence N O1 °02' 12" W, 9.85 feet; Thence S 67°03'08" E, 27.45 feet to the true point of beginning, containing 0.0057 acres, more or less, and being more particularly delineated on the attached Exhibit B. Tliis description was prepared by Burgess & Niple, Limited by S. Patrick Mills, Professional Surveyor No. 7158 from an actual field survey and available records in May 1997. The bearings are based on the I-270 plans FRA-270-7.47N with the centerline of Post Road immediately southeast of I-270 being S 62°49'45" E. EXHIBIT C PLOT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO F.J. 8c S. INVESTMENTS EXHIBIT B - 0 o~ ,` ~,, ~Q / / 0 v PARCEL 2SL ,C ~ ~ , ` WILLOW GROVE CONDO ~ ASSOCIATION PHASE IIIA / O.R. 00550 E05 ~ 14.245 ACRES __ -_ __ ___ __ -_ __ 1 1`` 0 0 !r'^. p -_ __ 0 '- T R '~~-- ~ Oq EASEMENT FOR D HIGHWAY PURPOSES D.B. 2672, PG. 686 N! HW f MfNT F 0. B. AY p~ OR ?669 GPOS~S ~~~ P 16~ ~ ~`_ `~~~,_ S 67'03'08" 27.45' / _'`~ti~~. I N 01'02' 12" W I 9.85' 1 N 67'03'08" W 27.45' 0.0057 ACRE PERMANENT SLOPE EASEMENT F.J. & S. INVESTMENTS O.R. 05799 H02 I 1.840 ACRES SEPT 1997 nnn~ r. ~" rni ~~~ N ~l' TFR~/~V W '^ ~ ~~ v, o -, `N ~ \ OD ~ co co ~ DD ~~\ 0o m \ POB `~~ I I W I N I W 0 I JW~,W U ~ ~ ~ Q N Q f= w W a a oOrn g~¢ i - ~ r iL'~+i ~ ~~~~~ ,,,. 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