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Home My WebLink About172-97 Ordinance.... -~.w_..... __ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.___ 1~2-97 _______..__ Passed _19________ AN ORDINANCE TO APPROPRIATE A 0.0138 ACRE PERMANENT SLOPE AND STORM DRAINAGE EASEMENT, A 0.1654 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.2780 ACRE INGRESS AND EGRESS EASEMENT IN PROPERTY OWNED BY OCLC ON LINE COMPUTER LIBRARY CENTER, INC., 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, a temporary construction easement and a ingress and egress 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 slope and storm drainage easement, a temporary construction easement and a ingress and egress 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 Thirty Nine Thousand Four Hundred Dollars and 00/100 Cents ($39,400.00) 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 Thirty Nine Thousand Four Hundred Dollars ($39,400.00) 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. day of ~C C /~-~. b ~ / , 1997. -Presiding ATTEST: Clerk of Council ! hereby certify that copies of this Ordnance/ ~ Re~ek~isR-were posted ~h~n tlrq City of Dublin in accordance wits Section 731.15 of the Ofiio Revised Qode_ (~ T'CIA of Co il, Dubli , hio EXHIBIT A -PARCEL 7SLD CITY OF DUBLIN, OHIO -POST ROAD WIDENING OCLC, INC. 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 40.5029 acre tract conveyed to OCLC, Inc. by deed of record in Deed Volume 3721, Page 773 of [he Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at a southwesterly corner of the said 40.5029 acre tract, on the old centerline of Post Road; Thence N 28°43'22" E, along a westerly line of the said 40.5029 acre tract, 61.52 feet to the true point of beginning: Thence N 28°43'22" E, along the said westerly line, 10.14 feet; Thence S 61 ° 16'37" E, 59.96 feet; Thence S 27°08'57" W, 10.11 feet; Thence N 61 ° 18'44" W, 60.23 feet to the true point of beginning, containing 0.0138 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 All•STATE~INTERNATIONAI -v.-....s....-~rm~nr+.~.,,-.... PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO OCLC, INC. EXHIBIT B - PARCEL 7SLD PATRICK KELLY MARSH ~ D.V. 3762, PG. 393 2.9492 ACRES OCLC, INC. D.V. 3721, PG. 773 ~ 40.5029 ACRES ~~ / `~ / `. ~ , 0.0138 ACRE ~ .~.. ~~ ~ i PERMANENT SLOPE AND i0 \ ~ `. ~~a s STORM DRAINAGE Os~. ~'ry°~o s9~s,3).. EASEMENT ~ ~ \ /Q ~, N ~~.96• F O ~Q ~ ry 6'78'~,~,._.--S 27'08'57" W \ \ h 023,4' ~ 10.11' ~ pO ~ ~ \ ~~ ~ F POB ~\\ ~ \ L/NF ~ ~ \ ~`. ~ ~ ~~ ~\` ~ \ ~ ~\ `. ~ ~\ ~~ ~ REA REAL ESTATE, II \ ~ ~ ~ EASEMENT FOR ~ \ ` ~,,,, O.R. 22360, JO5 `~ 1.125 ACRES / ~ ~ HIGHWAY PURPOSES ' ~ ~ D.B. 3020, PG. 180 h ~ ROBERT • ~ ~= E: ~ ', o . * ' ili0lfPSON~ ~~ s •. ~ ~ . ~• ~. SEPT 1997 SCALE: 1" = 50' / EXHIBIT A -PARCEL 7T CITY OF DUBLIN, OHIO -POST ROAD WIDENING OCLC, INC. DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 40.5029 acre tract conveyed to OCLC, Inc. by deed of record in Deed Volume 3721, Page 773 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at a southwesterly corner of the said 40.5029 acre tract, on the old centerline of Post Road; Thence N 28°43'22" E, along a westerly line of the said 40.5029 acre ~ tract, 71.66 feet to the true point of beginning: Thence N 28°43'22" E, along the said westerly line, 74.46 feet; Thence S 62°51'03" E, 87.52 feet; Thence S 24°27'06" W, 89.72 feet; Thence N 54°53'12" W, 22.55 feet; Thence N 61 ° 18'44" W, 11.53 feet; Thence N 27°08'57" E, 10.11 feet; Thence N 61 ° 16'37" W, 59.96 feet to the true point of beginning, containing 0.1654 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 all 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•STATE~INTERNATIONAL PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO OCLC, INC. EXHIBIT B - PARCEL 7T PATRICK KELLY MARSH O.V. 3762, PG. 393 2.9492 ACRES s ~ ^ \\\~ POB \ O S T ~~ ~Q ~~/ / ~~ \ ~ ^ /N OCLC, D.V. 3721, 40.5029 S ~ 62 S ~~' 8~52~3,, F ~ ~°~ 0.1654 ACRE TEMPORARY ~~ CONSTRUCTION~~ N ~ SE E T il~, ~~7,~ ^N S9~s.~j., n 96.E \ ~, ryN~ . 27'08'57' E ~ 10.11 ' ~, INC. PG. 773 ACRES \ cFN~F~ N 611 1 5,34f1 W/ - 2 3\ \ \ \ ~ `~NF \ ~ 2SS~2 ~ ~ \~ ~ ~~ ~~ ~ ~ ~ \~~ \ ~~ ~ ~ ~ ~ ~ ~~~ ~~ REA REAL ESTATE, II \ ~ ~ ~ \\ O.R. 22360, J05 ~~~ EASEMENT FOR ~ """' 1.125 ACRES / ~ ~ HIGHWAY PURPOSES ~ 0.8. 3020, PG. 180 \~~ / \ ,,`~~4l~NUH4c4M,h ~~, •,,........ 0 ' ~v ~I~QBERi ~•'• may: ~~. _ E.~ ;,,o ,fir ' iNOt;PSOH rr )~ ~. ;~` t/Jt~i4 E9 : ~ \ ~~ ' ~ • • ~"/ ~~ ,~' ~'~ VE~® SEPT 1997 SCALE: 1" = 50' EXHIBIT A -PARCEL 7R CITY OF DUBLIN, OHIO -POST ROAD WIDENING OCLC, INC. DESCRIPTION OF INGRESS AND EGRESS EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 40.5029 acre tract conveyed to OCLC, Inc. by deed of record in Deed Volume 3721, Page 773 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at a southwesterly corner of the said 40.5029 acre tract, on the old centerline of Post Road; Thence N 28°43'22" E, along a westerly line of the said 40.5029 acre tract, 71.66 feet to the true point of beginning: Thence N 28°43'22" E, along the said westerly line, 74.46 feet; Thence S 62°51'03" E, 138.85 feet to a point on a easterly line of the said 40.5029 acre tract; Thence S 23°00'44" W, along the said easterly line, 97.45 feet; Thence N 54°53'12" W, 77.21 feet; Thence N 61 ° 18'44" W, 11.53 feet; Thence N 27°08'57" E, 10.11 feet; Thence N 61 ° 16'37" W, 59.96 feet to the true point of beginning, containing 0.2780 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 frotn 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 itmnediately southeast of I-270 being ~,,, S 62°49'45" E. EXHIBIT G PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FO R CITY OF DUBLIN, OHIO OCLC, INC. EXHIBIT B - PARCEL 7R PATRICK KELLY MARSH ~ D.V. 3762, PG. 393 2.9492 ACRES / OCLC, INC. D.V. 3721, PG. 773 40.5029 ACRES <v S * ~ s ` 2S1 r `~~\ D~Qr~/ F \`~~ POB `~~~~ ~j~~~,`3885• ` = 0.2780 ACRE~~ p0 \~~ r INGRESS // \ ST ~ ~ s , AND EGRESS ~ ~Q ~~'s• ~/ EASEMENT ~' 0 ~/ S9 9~3jv.~G \ ^/ 27'08'57" E-"`~! / ~ ~ N r / pip ~ 10.11 ' ~ / CFH ~ N 61' 18'44" W ~ S , o TFRC/ ` ~ 1 1.53' ) S~; ^o ~\\\ NF ~ X2,•2 ry ~ ~ `~ ~~ ~\\\ ~\ ~~\ \ `~ REA REAL ESTATE, II ~ ~ ` / EASEMENT FOR O.R. 22360, J05 ~ M 1.125 ACRES \ ~ HIGHWAY PURPOSES / `~ D.B. 3020, PG. 180 `~ / ' E F ,p ' . P AOB~'tt1`•~~ ~~ ~ ~ . E, ` v ~0~:~ 'f1101'PSON }'~, * ':~~, 5y64 ~°r •.; ~~ : ~ ~' .~iS~c ..o SEPT 1997 SCALE: 1" = 50'