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Home My WebLink About169-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 169-97 ___19_______ • Passed -- --- --- --- ------- -- --- ---- Ordinance No__________________________ _ _ AN ORDINANCE TO APPROPRIATE A 0.1179 ACRE PERMANENT SLOPE AND STORM DRAINAGE EASEMENT AND A 0.1213 ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY OWNED BY PATRICK KELLY MARSH, LOCATED ON THE NORTH 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 slope and storm drainage easement and a 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. 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 slope and storm drainage easement and a temporary construction easement m 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 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 Eight Thousand Eight Hundred Dollars and 00/100 Cents ($8,800.00) 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. Cection 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 Eight Thousand Eight Hundred Dollars ($8,800.00) 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 day of ~ ~_~y~,1o .t,/ , 1997. or -Presiding Officer ATTEST: _~ Clerk of Council ~!erehY Crrtif•d that conies of this Ordinance/R~ese4utio~were posted i the City of Dublin in accordance with Section 731.25 of the Ofiio Revised C de. 9~...~ q~TCler f Cov 'I, Dubh Ohio EXHIBIT A -PARCEL 4SLD CITY OF DUBLIN, OHIO -POST ROAD WIDENING PATRICK KELLY MARSH DESCRIPTION OF PERMANENT SLOPE AND STORM DRAINAGE EASEMENT ,,~.~„ Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.9492 acre tract conveyed to Patrick Kelly Marsh by deed of record in Deed Volume 3762, Page 393 of the Franklin '' County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the southwesterly corner of the said 2.9492 acre tract, on the easterly Limited Access line of Interstate 270 and the old centerline of Post Road; Thence N 41 ° 18'40" E, along the westerly line of the said 2.9492 acre tract and the said easterly Limited Access line, 76.33 feet to the true point of beginning: Thence N 41 ° 18'40" E, along the said westerly line and the said easterly Limited Access Line, 10.71 feet; Thence S 61 ° 16'37" E, 497.74 feet to a point on the easterly line of the said 2.9492 acre tract; Thence S 28°43'22" W, along the said easterly line, 10.14 feet; Thence N 61 ° 18'44" W, 500.07 feet to the true point of beginning, containing 0.1179 acres, more or less, and being more particularly delineated on the attached Exhibit B. This 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 irrunediately southeast of I-270 being S 62°49'45" E. ~.~ EXHIBIT A PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FO R CITY OF DUBLIN, OHIO PATRICK KELLY MARSH SEPT 1997 EXHIBIT B n" -\O -V - PARCEL 4SLD ~,P i i PATRICK KELLY MARSH D.V. 3762, PG. 393 2 9492 ACRES OCLC, INC. D.V. 3721, PG. 773 40.5029 ACRES ~~ o~ ~ ~^ S ~ ~ ~' ti~~~ '~s,~ , 0.1179 ACRE 6~• 8.Z- ~ F PERMANENT I Poe 4~~,~Z~ SLOPE AND I /f~ ~`~ STORM DRAINAGE I HIGHWAY PURPOSES ~ "~ ,~/'~~ EASEMENT ~* ~ D.B. 3020, PG. 180 ~<~ 5t9~ ~ / ~ ~, .~. ~, 4~~ Spp~~ ~' ~ , ~O ~ ~ cF T p~• 2~• N ,, *EASEMENT FOR ~\ ~O ~ ~ ~Z. ry HIGHWAY PURPOSES ~ ~ .N COMMON PLEAS ~ ~ O ~"~ ~ COURT CASE 224,026 ~ ~ ~ NW p•~ ~ ` ~~\ ~ ~h ~ ~ ~ / ~~ ~ ~ , ~~ ~~^~ ~"J / C,`~~ ~ ~,`~/ ~, ~O, ~~ o~~ HOST RESTAURANTS, INC. O.R. 06367 E05 6.394 ACRES (~ /7. A L,.M REA REAL ESTATE, .11 O.R. 22360, J05 / 1.125 ACRES ~~u„u ~ ~,,,,,,~ ~a ~~. ,,,.~~ 'c ........, oy ,,, •.. tiP : ••RCBEItT ••' ~ F ~y~4 ~: ~~l,q l:r1:.HH,~•d EXHIBIT A -PARCEL 4T CITY OF DUBLIN, OHIO -POST ROAD WIDENING PATRICK KELLY MARSH DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.9492 acre tract conveyed to Patrick Kelly Marsh by deed of record in Deed Volume 3762, Page 393 of the Franklin .~. County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the southwesterly corner of the said 2.9492 acre tract, on the easterly "' Limited Access line of Interstate 270 and the old centerline of Post Road; Thence N 41 ° 18'40" E, along the westerly line of the said 2.9492 acre tract and the said easterly Limited Access line, 87.04 feet to the true point of beginning: Thence N 41 ° 18'40" E, along the said westerly line and the said easterly Limited Access Line, 6.72 feet; Thence S 61 ° 16'37" E, 467.19 feet; Thence N 27°08'57" E, 67.07 feet; Thence S 62°51'03" E, 30.93 feet to a point on the easterly line of the said 2.9492 acre tract; Thence S 28°43'22" W, along the said easterly line, 74.46 feet; Thence N 61 ° 16'37" W, 497.74 feet to the true point of beginning, containing 0.1213 acres, more or less, and being more particularly delineated on the attached Exhibit B. This 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 inunediately southeast of I-270 being S 62°49'45" E. EXHIBIT i All-STATEe INTERNATIONAL PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO PATRICK EXHIBIT B n" .\O -V ~~ ~~ (L~ / ~~ O ~~~ti 1 KELLY MARSH - PARCEL 4T ~\P i PATRICK KELLY MARSH D.V. 3762, PG. 393 S OCLC, INC. D.V. 3721, PG. 773 40.5029 ACRES '~ ~o• 2.9492 ACRE \ ~\ ~ o°` ~ ~~~,~~ s 0.1213 ACRE ~1' POB ~ ~',zs~•~ TEMPORARY N ~ ~ 3).. CONSTRUCTION „ I 6> ;6,?~ F EASEMENT S 6 30 933 E I EASEMENT FOR 3j~ ~~~ I HIGHWAY PURPOSES ~ ~Q~~46) * i p.e. 3020, PG. 1so ~~ ~~g, N 27'08'57" E ~~~~ 4~~ ~. 67.07' ~ \ \ p~~ 9J )4 r.0~ ~ p ~ CF ~ ~ ~~ NF a * EASEMENT FOR ~ ~ ~ ~ O~ ~ ~ ~ ~ ~ ~ ^d`~ HIGHWAY PURPOSES ~ ~ O N COMMON PLEAS ~ ~ [~ ~ COURT CASE 224,026 ~ ~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~~ ~ ~ / ~~ ~ ~_ HOST RESTAURANTS, INC. ~ O.R. 06367 E05 REA REAL ESTATE, II 6.394 ACRES O.R. 22360, J05 1.125 ACRES i _~~ ~....., ~ , ~ •• y ,~~ ~ .. SEPT 1997 ,1~~ ~/ cr n i r- • ~" _ ~ nn. ~~ . ,./TAI ~~