HomeMy WebLinkAbout86-02 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
86-02 (Amended) Passed , 20
AN ORDINANCE VACATING THE NORTHERN FIVE (5)
FEET OF TRAILS END DRIVE, LOCATED NORTH OF
SUMMITVIEW ROAD, IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the City of Dublin has determined that, pursuant to negotiations
between the residents located along Trails End Drive and the City of Dublin
(hereinafter "City"), the northern five (5) feet of Trails End Drive, located north of
Summitview Road, is not needed by the City; and
WHEREAS, the City further finds that there is good cause for such vacation of
said northern five (5) feet of Trails End Drive, located north of Summitview Road,
and that such vacation will not be detrimental to the general public of the City.
NOW, THEREFORE, ~E IT ORDAINED by the Council, of the City of
Dublin, State of Ohio, ~ of the elected members concurring that:
Section 1. The northern five (5) feet of Trails End Drive, located north of
Summitview Road, be and the same hereby is vacated.
Section 2. The City Engineer is hereby instructed to prepare a vacation plat of said
vacated northern five (S) feet of Trails End Drive and the Clerk of Council is
instructed to endorse upon such plat, the action of this Council in vacating such
portion of Trails End Drive and to cause said plat to be recorded in the office of the
Recorder of Franklin County, Ohio.
Section 3. The Clerk of Council is directed to notify the Auditor of Franklin
County of the vacation by sending him/her a copy of this ordinance.
Section 4. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law and following the two adjacent property owners
binding commitment to grant a General Warranty Deed to the City for the vacated
acreage.
Passed this ~ ~ da of , 2002.
Mayor -Presiding Officer
ATTEST:
L ~ t~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
•~
erk of Council, Dublin, Ohio
ORDINANCE NO, ~ 3 -~~ VILLAGE OF DUBLIN, OHIO
ACCEPTING PETITION FOR ANNEXATION OF TERRITORY
TO THE VILLAGE OF DUBLIN, OHIO
BE IT ORDAINED by the Council of the Village of Dublin, State of
Ohio, `(J of the members elected thereto concurring:
SECTION 1, That the Petition of Roberta & John Core, et al, for
the annexation to the Village of Dublin of the following described territory
in the County of Franklin and adjacent to the Village of Dublin, to-wit:
Situated in the State of Ohio, County of Franklin, Township of Perry
and being more fully described as follows:
Beginning at an angle point in the existing northerly Corporation line
of the Village of Dublin as shown of record in Miscellaneous Records
Volume 138, Page 617, Ord, No, 14-65, Franklin County Recorder's
Office, said point also being the northeast corner of a tract of land
formerly owned by Earl and Bertha May Headlee and acquired in
part by the State of Ohio for Interstate Route 270;
Thence along and with said existing Dublin Corporation Line, the
following courses and distances;
Westerly approximately 1744 feet to an angle point;
Northerly approximately 399 feet to an angle point;
Southwesterly approximately 223, 5 feet to an angle point;
Westerly approximately 173 feet to an angle point;
Southwesterly approximately 135, 5 feet to an angle point;
Southwesterly approximately 105 feet to an angle point;
Westerly approximately 100, 2 feet to an angle point;
Southwesterly approximately 109 feet to an angle point;
Southwesterly approximately 117, 5 feet to an angle point;
Westerly approximately 450 feet to an angle point in the center of the
Scioto River and the Washington -Perry Township Line;
Thence along the center of said Scioto River and the meanders
thereof and said Township line, a distance of approximately
11, 510 feet to a point in the North line of Franklin County;
Thence along and with said County line easterly a distance of
approximately 8, 560 feet to a point 30, 00 feet west of the
centerline of Sawmill Road;
Thence southerly along and with a line 30, 00 feet west of and ?
parallel to the centerline of Sawmill Road a distance of approximately
10, 105 feet to an angle point in said existing Northerly corporation
line of Dublin; f
Thence along and with said existing corporation line, the following
courses and distances:
Westerly approximately 270, 0 feet to an angle point;
Northerly approximately 145, 2 feet to an angle point;
Westerly approximately 1336, 89 feet to an angle point;
Southerly approximately 988, 6 feet to an angle point;
Westerly approximately 607. 7 feet to an angle point;
Southerly approximately 789 feet to an angle point;
Westerly approximately 921 feet to an angle point;
Northerly approximately 820 feet to the place of beginning
containing approximately 1679 acres and there to terminate.
an accurate map of which territory together with its petition for its
annexation and other papers relating thereto, and a certified transcript of
the proceedings of the County Commissioners in relation thereto, are on
file with the Clerk of Council of said Village, be and the same hereby is
accepted.
SECTION 2, That this Ordinance shall take effect and be in force
from and after the earliest period allowed by law,
President Pro Temt~6r~e
Passed this ~~~ day of < ,).'9~~.:,4L~! 197.
(}I
1 i~t V 1 ~' ri-
~% ~ ayor -Pre iding Officer
Attest:
~'~ j,''
~...Yi~.i,. ' c .~.
Clerk -Treasurer
~ .. ...
-- ~ ' ~.
At.tacrment A
DESCRIPTION OI' 1679 %~CRES IN r~F'RI;Y `l'O,aNSHIP TO LE
1~I~dNE?~F;D TO THE Vi:LT~r~,i"is t)F I)U~3LIN
Situate in the State of Uh~.o, ro~:~rty of Franklin, Township
of Perry and being more fully doscri_bed a:: fellows
Beginr.i ng at an angle paint ~.n f_ho exist:.~_ng northerly Corporation
line of the Village of Dublin as S11GYJn. O x:e~•ord in Miscellaneous
Records Volume 138, page 617, Ord. No, 14-65, Franklin County Recorder's
Office, sal d point a:.Lso being ti7E'_ northeast co.r_ner of a tract of lard
formerly owned by Earl. and Bertha May Eeadlee and acquired in part
by the State of Ohio for Interstate Route 270;
Thence along and with said existing Du'~~lin Corporation line,
tl'ie following cour_ ses and distances ;
Westerly approximately 1744 feet to an angle point;
Northerly approximately 399 feet to ur. angle point;
Southwesterly approximate ly 223.5 feet to an angle point;
Westerly approximately 173 feet to an angle point;
Southwesterly approximately 135.5 feet to an angle point;
Southwesterly approximately 105 feet to an angle point;
Westerly approxirately 100.2 feet to an angle point;
Southwesterly approximately i09 feet to an angle point;
Southwesterly approximately 117.5 feet to an angle point;
Westerly approxi.m.ately 450 feet to ar: angle point in the center
of the Scio~`.:.o River ar~d the Washington - Perry Township Line;
Thence along tho t::enter of said Sc~.cto River and the meanders
thereof and said Township line, a distanco of approxirately 11,510
feet to a point in the North line of Franklin County;
Thence along and w~.th Said County line. easterly a distance of
approximately 3,560 feE~t to a point 30.00 feet west of the centerline
of Sawmill Road;
Thence southerly along and with a line 30.00 feet west of and
parallel to the centerline of Sawmill Road a distance of approximately
10,105 feet to an angle point ir. said existing Northerly corporation
line of Dublin;
Thence along and with said existing corporation line, the following
courses and distances:
Westerly agproxisriately 270.0 feet to an angle point;
Northerly approximately 145.2 feet to an angle point;
Westerly approximately 1336.89 feet to an angle point;
Southerly approximately 958.5 feat to an angle point;
Westerly approximately 607.7 feet to an angle poir.~;
Southerly approximately 789 feet to an angle point;
Westerly approximately 921. f.ett to an angle pe.int;
Northerl~~ a.ppro.ri.r,:a±r:~7 7 8?0 re ~ t t'? 'thF place of beg~nnzng
containing approximately .lc 79 acres an { trzere to terminate.
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SCHOTTENSTEIN ZOX gc DUNN
a legal professional association
MEMORANDUM
TO: City Council
Marsha Grigsby
Frank Ciarochi
FROM: Stephen J. Smith
Mitchell H. Banchefsky
DATE: June 13, 2002
RE: Proposed Vacation of Trails End Drive -Ordinance 86-02 (Amended
Legal staff has investigated the City's options regarding the possible vacation of the
northern five (5) feet of Trails End Drive to deter the connection from the proposed adjacent
subdivision to the north.
Legal staff contacted Bruce Jones, Mapping Assistant Supervisor at the Franklin County
Engineer's Office, to discuss the history of Trails End Drive and the options open to the City.
Mr. Jones confirmed that the City has ownership of Trails End Drive (the "roadway"), which is
located in Dublin. This roadway was originally dedicated to the "public use" in 1971 when it
was within the jurisdiction of Perry Township. Thus, according to Mr. Jones, in 1971, the
roadway was under the "ownership" of Franklin County. On January 7, 1974, the Dublin Village
Council approved the annexation of the roadway, as part of a 1679 acre annexation, via
Ordinance 3-74. Therefore, in 1974 and thereafter, the roadway was under Dublin's "ownership"
and control.
Legal staff explained to Mr. Jones that the City ideally would like to vacate the northern
five (5) feet of the roadway while at the same time retaining the underlying fee. Mr. Jones
confirmed the results of our research, which indicate that upon vacation, ownership of the five
foot portion of the roadway reverts to the two adjoining property owners by operation of law.
Therefore, if the City were to vacate the roadway, it should make any such vacation contingent
upon the two property owners at the northern end of Trails End Drive deed their portion of the
right-of--way back to the City. This will enable the City to maintain and control access.
In conclusion, the City does maintain jurisdiction and ownership of Trails End Drive, and
will want to proceed with caution should the decision be made to vacate the roadway.
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