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Home My WebLink About170-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Ordinance No.__17 0 - 97 Passed------------- Form No. 30043 - --- - -19- - - AN ORDINANCE TO APPROPRIATE A 0.0816 ACRE PERMANENT SERVICE ROAD EASEMENT AND A .0227 ACRE PERMANENT SLOPE EASEMENT IN PROPERTY OWNED BY CONTINENTAL REAL ESTATE, 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 and a permanent slope 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: i Section 1 A permanent service road 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" 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 Twelve Thousand Eight Hundred Dollars and 00/100 Cents ($12,800.00) 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. Section 3. Council fords 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 Twelve Thousand Eight Hundred Dollars ($12,800.00) 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 ~ P~ CW~.~ e~ , 1997. ~ or - esi ing ffic r ~"""" ATTEST: _ ~ ~,~ Cler of Council t hereby certify that copies of this Ord~nanceJRewtu#i~were posted City of Dublin in accordance with Section 131.25 of the Ohio Revised 1 _ dn...-, (~ ~ CI , of C Heil, Du n, Ohio th:~ EXHIBIT A -PARCEL 3R CITY OF DUBLIN, OHIO -POST ROAD WIDENING CONTINENTAL REAL ESTATE COMPANIES DESCRIPTION OF PERMANENT SERVICE ROAD EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 0.96 acre tract conveyed to Continental Real Estate Companies by deed of record in Official Record 10228 G08 of the Frankli» County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner of the 0.96 acre tract, on the old centerline of Post Road; Thence S O1 °28' 19" E, along the easterly line of the said 0.96 acre tract, 42.83 feet to the true point of beginning; Thence S O1 °28' 19" E, along the easterly line of the said 0.96 acre tract, 32.82 feet; Thence N 69°42'41" W, 107.68 feet to a point on the westerly line of the said 0.96 acre tract; Thence N O1 °28' 19" W, along the said westerly line, 38.29 feet; Thence S 67°03'08" E, 109.82 feet to the true point of beginning, containing 0.0816 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 immediately southeast of I-270 being S 62°49'45" E. EXHIBIT A PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO C 0 NTI N ENTAL REAL EXHIBIT B - 0 oQ. ~' -_ _, '~j ~~ Q ~ / ~ ~ / ~O ~ V / ESTATE C 0 M PAN I ES PARCEL 3R WILLOW GROVE CONGO ASSOCIATION PHASE IIIA O.R. 00550 E05 14.245 ACRES L _ Q ~ -~ J / 1~._ O ~. ___ S -\_ __ P o -- __ T //A~~ ~ ~~ ` I ~ _ Q~0 EASEMENT FOR HIGHWAY PURPOSES D.B. 2672, PG. 686 I ` EASEMENT FOR ~' ~ ~ ~ ` I HIGHWAY PURPOSES ~ ~ D.B. 2669, PG. 161 `~-~.__ ~.1 / O\O _ ` ~ ~~ I ~~--~/ eNTFR~~NF ~,ZI ~ \ I ~ o w -' S~6T~ POB coo ~ p3,~8~ \ N ca -- F~ ~ o0 I ~~ ~~98?, IW~ I ~ o w~ N 69,42,2 ,, N j r0~ 68,E W .~ ca SEPT 1997 F.J. & S. INVESTMENTS ~ m I I O.R8 ~0 ACRES02 I 0.0816 ACRE W PERMANENT Y SERVIG~~,"R° f4D,, ~ ~ Q ,, I , . . ~ ., , I , ~.. hC~~r,~ I ' f. I :Z ~ CO TIN A~~' ' I ~ ES Tt= R L COMPANIES O.R. 10228 GOS 0.96 ACRES ~ ~ ~~ /~+C l n /FF~ r. '" EXHIBIT A -PARCEL 3SL CITY OF DUBLIN, OHIO -POST ROAD WIDENING CONTINENTAL REAL ESTATE COMPANIES DESCRIPTION OF PERMANENT SLOPE EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 0.96 acre tract conveyed to Continental Real Estate Companies by deed of record in Official Record 10228 G08 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner of the 0.96 acre tract, on the old centerline of Post Road; Thence S O1 °28' 19" E, along the easterly line of the said 0.96 acre tract, 32.95 feet to the true point of beginning; Thence S O1 °28' 19" E, along the easterly line of the said 0.96 acre tract, 9.88 feet; Thence N 67°03'08" W, 109.82 feet to a point on the westerly litre of the said 0.96 acre tract; Thence N O1 °28' 19" W, along the said westerly line, 9.88 feet; Thence S 67°03'08" E, 109.82 feet to the true point of beginning, containing 0.0227 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 immediately southeast of I-270 being S 62°49'45" E. EXHIBIT >? PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FO R CITY OF DUBLIN, OHIO CONTINENTAL REAL ESTATE COMPANIES EXHIBIT B - o/ o~ Q- PARCEL 3SL ~, ` ` ~ ~ ~ WILLOW GROVE CONDO 7 ASSOCIATI0550 OE IIIA ~ O.R. 0 E 5 14.245 ACRES ~~ ~ O ~ V % L _ _ ~~ _ 1 _ Q ~ _ O ` 1 t /~ ' _ ' ~~ N\0 ', T R --_ _ ` ` O EASEMENT FOR ' O HIGHWAY PURPOSES D.B. 2672, PG. 686 ~, I ` EASEMENT FOR ~- I HIGHWAY PURPOSES ~ '' ~ D.B. 2669, PG. 161 '~~ ~~`` / OCO 1 ` _ \ ~ / i ' 1-, ~ ~ ~ £NreRC/N I ~~zIS ~ F s ~~ co ~lQ `~~08'' POB \ ~ f 00 0o N s ~.?.~~ cos I :I 8 ~Y`T~.T,T82. I ~ I o9 80 I 0.0227 ACRE i I F.J. & S. INVESTMENTS I PERMANENT y,~„ O.R. 05799 H02 I 1.840 ACRES SLOPE EASEMENT ti~~..:; , I I SEPT 1997 ~rnl F~ ~" - ~n~ INS ~ O ~~ ~~~ ~~ m Y U ap W W ~~Q 3N~ .I Z~,_ =O IO -~ I CONTINENTAL I REAL ESTATE COMPANIES O.R. 10228 G08 0.96 ACRES