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Home My WebLink About122-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ~~ Passed_______________________ _______19________ 1~8-1'~------------ ----------------- -- AN ORDINANCE TO APPROPRIATE A 0.023 ACRE FEE SIMPLE INTEREST AND A 0.031 ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY OWNED BY OHIO SEED IMPROVEMENT ASSOCIATION, LOCATED ON THE EAST SIDE OF AVERY 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 Shier-Rings Road and Avery Road intersection; and WHEREAS, said improvement will require the City of Dublin to obtain a temporary construction easement and a fee simple interest in and to the premises described in the attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio. 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 temporary construction easement and a fee simple interest 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 the Shier-Rings Road and Avery Road intersection, 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 One Thousand Five Hundred Seventy Dollars and 00/100 Cents ($1570.00) 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 finds 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. The funds related thereto have been previously appropriated within the Capital Improvements Tax Fund 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 Shier-Rings Road and Avery Road intersection 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 f ~~~ day of , 1997. ~/~~ i~ / idin~ Officer ATTEST: I hereby certify that codes of this Ordinance/ R~ese~ys tivnre pasted in City of Dublin in accordance w`tb Section 731.25 of the ~=•~o (;avised toy ~~~~~2i~ Clerk of Council cyst Clerk of uncil Dublin, io Exhibit A-Parcel 22WD City of Dublin-Avery/Shier-Rings Road Improvement Ohio Seed Improvement Association Deed Book 350 Page 830 Description of Additional Right of Way for Avery Road Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military ,~,,,4 Survey 3004 and being 0.023 acre out of Lot 7 of Shamrock Industrial Park as delineated in Plat Book 51, Page 12 and as conveyed to Ohio Seed Improvement Association, as recorded in Deed Book 350, Page 830 in the Franklin County Recorder's Office, and being more particularly described as follows: Commencing at a centerline monument marking the intersection of the centerline of old Averv Road with the centerline of Shier-Rings Road, said point being 2.13 feet right of Station 20+00.28 in the centerline of survey of an improvement to said Avery Road, as delineated on the Centerline Plat for said improvement, of record in Franklin County; thence leaving said point, South 83 degrees 40 minutes 38 seconds West, a distance of 2.14 feet to the point at which the new centerline of Avery Road intersects the centerline of Shier-Rings Road; thence South O1 degree 16 minutes 46 seconds West, a distance of 97.99 feet to the point of curvature of a tangent curve to the to the left; thence X42.53 feet with said curve, having a radius of X800.00 feet, a central angle of 0~ degrees 21 minutes 34 seconds and a chord bearing South 1 degree 24 minutes Ol seconds East a distance of X42.33 feet to a point in the centerline of old Avery Road, the northwesterly comer of a 0.461 acre tract conveyed to the City of Dublin by deed of record in OR 17628 F 14 of the records of Franklin County; thence North 82 degrees 28 minutes 47 seconds East, a distance of ~0.~4 feet to an iron pin set at the TRUE PONT OF BEGINNING, being the Grantor's southwesterly corner in the westerly right of way line of Avery Road; thence North 04 degrees 14 minutes 19 seconds West, with the Grantor's westerly line and said right of way line, a distance of 218.69 feet to an iron pin found in said line; thence North O1 degree 3~ minutes ~4 seconds East, continuing with said line, a distance of „p...„ 90.35 feet to an iron pin found at the Grantor's northwesterly corner; thence South 02 degrees 31 minutes ~9 seconds East, leaving said comer with the new easterly ~»«~ Right of Way line of Avery Road„ a distance of 308.71 feet to the TRUE POINT OF BEGINNING, said described tract containing 0.023 acre, more or less. The above described acreage is contained in Auditor's Parcel 274-000105. Stations and offsets used in this description are referenced to the proposed centerline of Averv Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings Roads prepared by URSGreiner, and of record in Franklin County. Bearings used in this description are based on an actual field survey utilizing Franklin County Ivlonuments Nos. FCGS »36 and FCGS 772 by URSGreiner in June 1996. This description was prepared for URSGreiner by Roger ~1. Smith, P.S. 6899 from existing records and actual field survey. ~+~~~ pF ' ~•. of r `~ ROBEq kf.'~ ~S~/2 `~~ SAliTii • g M. Smith, P.S. 6899 Date ~ •'.pF ~~'Iwe^~' ire f Z O I v I o ~ i~ ~oT~ ~, Q Zo U~ °~ tL ~ Ow C~ Q 10.023 ACRE NET TAKE a a N V 3 0 0 J G ~~ i 0 - + ~. ~s~e.n~gay, ~~~~ ~ Ci if O ~'°e ` Q„~ O_ ,..j's :~ .• RO~~§:o~: p~ o w ~ S,~~1 _ *~ _ ~+ ~ sn , ~',~ - s1 •s~ ,P ~; ; ~ . rctlf6ER M. SMITH OHIO REGISTERED SURVEYOR S-6899 o OF BEGINNING tieorings used in this description cre b on actual field survey utilizing Franklin Monuments N F ased o County FARM & POWER EQUIPMENT ~' os. CGS 5536 and FCGS URSGreiner i 7752 by RETAILERS OF OHIO 0 n June 1996. g PROJECT AVERY ROAD /SHIER-RINGS INTE.RSECiION ~ ~ I SUBJECT OHIO SEED IMPROVEMENT ASSOC. 22'NO PLAT BY CMS CHECKED RMS ~ JOB N0. 9081800 DATE 15 APR g7 ~~~ ~rei~ "- SHEEi N'0. 1 Oh 1 er ARC~aECTS • ENGINEERS . ? ANNERS A Exhibit B-Parcel 22T City of Dublin-Avery/Shier-Rings Road Improvement Ohio Seed Improvement Association Deed Book 350 Page 830 Description of Temporary Easement for Grading Purposes "~~" Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military Survey 3004 and being 0.031 acre out of Lot 7 of Shamrock Industrial Park as delineated in Plat Book ~1, Page 12 and as conveyed to Ohio Seed Improvement Association, as recorded in Deed ,,;~,,. Book 350, Page 830 in the Franklin County Recorder's Office, and being more particularly described as follows: Commencing at the Grantor's southwesterly comer in the easterly right of way line of Avery Road, said point being 50.54 feet right of and radially from Station 13+62.4 in the centerline of survey of Avery Road in an improvement to said Avery Road, as delineated on the Centerline Plat for said improvement, of record in Franklin County; thence leaving said point, with the new easterly Right of Way line of Avery Road, North 02 degrees 31 minutes 56 seconds West, a distance of 25.27 feet to the TRUE POINT OF BEGINNING; thence continuing with said Right of Way line, North 02 degrees 31 minutes ~6 seconds West, a distance of 283.44 feet an iron pin found at the Grantor's northwesterly corner; thence with the Grantor's northerly line, North 83 degrees 47 minutes 39 seconds East, a distance of 4.60 feet to a point in the easterly line of the tract described herein; thence with said easterly line, South 02 degrees 07 minutes 36 seconds East, a distance of 232.18 feet to a point; thence South 16 degrees 46 minutes 51 seconds East, a distance of X0.83 feet to a point in the northerly line of a ~0 foot easement for storm water drainage as delineated on the above referenced subdivision plat; thence with said easement line, South 79 degrees 02 minutes 19 seconds West, a distance of 15.62 feet to the TRUE POINT OF BEGINNING, said described tract containing 0.031 acre, more or less. The above described acreage is contained in Auditor's Parcel 274-000105 Stations and offsets used in this description are referenced to the proposed centerline of Avery Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings Roads prepared by URSGreiner, and of record in Franklin County. Bearings used in this description are based on an actual field survey utilizing Franklin County Monuments Nos. FCGS 5536 and FCGS 7752 by URSGreiner in June 1996. This description was prepared for URSGreiner by Roger M. Smith, P.S. 6899 from existing records and actual field survey. ~.,a•~~~:,z.,,,,... ~` ~,..• •• ~ 4 -`~ . t RL~u'cr = . i S:.j;~=; •: E^°n ~-D~;O~gT~c'..' ~iC /S~P2 9~- ger M. Smith, P.S. 6899 Date OOLAN INVESTMENTS II EXHIBIT E N83'47'~9"E PARCEL 22T 4.60 0 __ Eq~_~,1EN7 n N U 3 0 0 Cam: 0 0 - + N02'31'S6"W 283.44' 0 0 I ~ I ~ m o ~~ 1 ~ ~' ~o oz D ~ D ~ Z77 C C7 0 N I z TRUE POINT_ OF BEGINNING GER M. SMITH OHIO REGISTERED SURVEYOR S-6899 .+•~(~E ~C't• ry ~ ~~' S;+9iT%+ 63'9 ~t 7'36"E ~~......+~„~++• .18' OHIO SEED IMPROVEMENT ASSOCIATION 274-000105 DB 3550 PG. 830 0.031 ACRE ~ 22 T S16'46'S1"E 50.83' S79'02't 9"W r*i 15.62' X EAcEMtNj N SCALE: 1" = 30' ~ FARM & POWER EQUIPMENT EASEMENT w RETAILERS OF OHIO W Bearings used in this description cre based on - on actual field survey utilizing Franklin County Monuments Nos. FCGS 5536 and FCGS 7752 by J URSGreiner in June 1996. a v PROJECT AVERY ROAD ~ SHIER-RINGS INTERSECT'DN JOB N0. 90Btgp0 SUBJECT OHIO SEED IMPROVE ::ENT ASSOC. 22T ?.Ai DATE t5 APR 97 URS Greiner N BY CMS CHECKED RMS SHEET NO. 1 Of t ARCHITECTS E NCINEERS • ~~,AnvERS