The URL can be used to link to this page

Home My WebLink About41-02 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co Form No. 30043 Ordinance No ...............41-02.................................... Passed . AN ORDINANCE TO APPROPRIATE A 0.052 ACRE, MORE OR LESS, BIKEPATH EASEMENT AND A 0.0052 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM JONATHAN P. SMITH, LOCATED WEST OF DUBLIN ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to construct a bikepath along Dublin Road between I-270 and Darby Street; and WHEREAS, said improvement will require the City of Dublin to obtain a permanent bikepath and recreational use easement and 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 bikepath and recreational use easement and temporary construction 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 constructing a bikepath along Dublin Road between I-270 and Darby Street, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation. Section 3. 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 4. There has been appropriated from the Capital Improvements Tax Fund Four Thousand Three Hundred Dollars ($4,300.00) to account 401-0314-780-2550 for the purpose of paying all costs incident to such acquisition. Section 5. 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 construction of the bikepath on Dublin Road between I-270 and Darby Street is necessary to continue to build out Dublin's bikeway network and to provide for safe pedestrian travel for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this day of C,..r c.~ , 2002. ayor -Presiding Officer ATTEST: ~ ~ ~ d I hereby certify that copies of this ~ ~ Ordinance/Resolution were posted in the Clerk of Council City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. CJ,c~', erk of Council, Dublin, Ohio PARCEL B-7 Page 1 of 1 CITY OF DUBLIN, OHIO JONATHAN P. SMITH DESCRIPTION OF PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD Situated in the State of Ohio, County of Franklin, Township of Washington, in the V.M.S. #2542 and being part of a 1.342 acre parcel recorded in Official Record 27126, Page H08 of the Franklin County Recorder's Office conveying an undivided one half interest from Thomas P. Smith to Jonathan P. Smith and being more particularly described as follows: Beginning at the point of intersection of the existing westerly right-of--way line of Dublin Road (Dublin-Bellepoint/State Route 745) with the grantor's southerly property line, said point being N 87° 07' 07" W, a distance of 30.04 feet from the grantor's southeasterly property corner; Thence continuing with the grantor's southerly property line N 87° 07' 07" W, a distance of 17.00 feet to a point; Thence leaving said southerly property line N 00° 11' 37" W, a distance of 133.69 feet to a point on the grantor's northerly property line; Thence with the grantor's northerly property line S 87° 07' 07" E, a distance of 17.00 feet to a point on the existing westerly right-of--way line of said Dublin Road (Dublin- Bellepoint/State Route 745); Thence with said westerly right-of--way line S 00° 11' 37" E, a distance of 133.69 feet to the true point of beginning and containing 0.052 acres, more or less. Subject to all - legal highways, easements and restrictions of record. The bearings for this description and drawing are based on the bearing of S 15° 46' 47" E for the centerline of Dublin Road (Dublin-Bellepoint/State Route 745) as shown oln the plat of Brandon Section 4, recorded in Plat Boolc 71, Page 02, on file at the Franklin County Recorder's Office. This description is based on a survey made, under the direction and supervision of Abdul- Wadood A. Haider, P.S. #6350 of CLYDE E. WILLIAMS & ASSOCIATES, INC., APRIL of 1996. Grantor claims title of instrument(s) of record in O.R. 27126, Page H08, of the Franklin County Recorder's Office. A drawing of this description is attached and made a part thereof. CEWA ~M~ H... a E...a.F CLYDE E. WILLIAMS & ASSOCIATES, INC. • i A. HaiAer Abdul-Wadood A. Haider P.S. #6350 = ~ p 5.006350 0 ' + ' G 0 EXHIBIT a a 3 PARCEL B-7 PERMANE IKEPATH EASEMENT, DUBLIN ROAD AND PARCEL T-7 TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. 2542 0 50 100 SCALE: 1 "=50' NANCY J. LAMBERT 1.952 ACRES PROP. PERMANENT O.R. 32084, PAGE C03 60' ®BIKEPATH EASEMENT (PARCEL N0. 273-002897 & 273-002892) 3 3 ~ t` ~ 17.00' . W ~ X 17.02' o tr S 87°07'07" E ~ T-7 ~ ~ B-7 w Z 0.052 AC s'w ~ _ 0 0.052 AC . rn THOMAS P. SMITH/ ~ ¢ M w JONATHAN P. SMITH ~ ° m 1 1.342 ACRES Y I O.R. 27126 H08 3 3 w m (PARCEL N0. 273-002893) ; Q M o r- ~ ~ o o w o o ~ o ~ o o z N 87°07'07" w z Z LL m ~ E o f . 0.04 0 0 ~ , o . JERRY L. TRABUE AND ~-Z ~ • y BEVERLY ' ' A. TRABUE, TRUSTEES 17.02' ~ Z ~ ~aa~i-waaool 9.541 ACRES ~ * Aatder ° 0. R . 18149 w ~ s-006350 0 PAGE A05 POINT OF a° m (PARCEL NO . BEGINNING T-7 ~ ~G'~ ~ s Y E ~ V •E Y.•o 273-002894) BASIS OF BEARING: THE BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED ON THE BEARING I ~F S 15'46'47"E FOR THE CENTERLINE OF DUBLIN ROAD (DUBLIN-BELLEPOINT/ STATE ROUTE 745) AS SHOWN ON THE PLAT OF BRANDON SECTION 4, RECORDED IN PLAT BOOK 71, PAGE 02, ON FILE AT THE FRANKLIN COUNTY RECORDER'S OFFICE. , ABDUL-WADOOD A. RAIDER REGISTERED SURVEYOR N0. 6350 DATE: 9 - Z~ - 2000 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD AND CLYDE E. WILLUTAS do ASSOCIATES, ING. TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD 130 E. WILSON BRIDGE ROAD WORTHINGTON, OHIO 43085 .PARCEL T-7 Page 1 of 1 CITY OF DUBLIN, OHIO JONATHAN P. SMITH DESCRIPTION OF TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD Situated in the State of Ohio, County of Franklin, Township of Washington, in the V.M.S. #2542 and being part of a 1.342 acre parcel recorded in Official Record 27126, Page H08 of the Franklin County Recorder's Office conveying an undivided one half interest from Thomas P. Smith to Jonathan P. Smith and being more particularly described as follows: Beginning at a point on the grantor's southerly property line, said point being N 87° 07' 07" W, a distance of 47.04 feet from the grantor's southeasterly property corner; Thence continuing with the grantor's southerly property line N 87° 07' 07" W, a distance of 17.02 feet to a point; Thence leaving said southerly property line N 00° 11' 37" W, a distance of 133.69 feet to a point on the grantor's northerly property line; Thence with the grantor's northerly property line S 87° 07' 07" E, a distance of 17.02 feet to a point; Thence leaving said northerly property line S 00° 11' 37" E, a distance of 133.69 feet to the true point of beginning and containing 0.052 acres, more or less. Subject to all legal highways, easements and restrictions of record. The bearings for this description and drawing are based on the bearing of S 15° 46' 47" E for the centerline of Dublin Road (Dublin-Bellepoint/State Route 745) as shown on the plat of Brandon Section 4, recorded in Plat Book 71, Page 02, on file at the Franklin County Recorder's Office. This description is based on a survey made, under the direction and supervision of Abdul- Wadood A. Haider, P.S. #6350 of CLYDE E. WILLIAMS & ASSOCIATES, INC., APRIL of 1996. Grantor claims title of instrument(s) of record in O.R. 27126, Page H08, of the Franklin County Recorder's Office. A drawing of this description is attached and made a part thereof. CEWA C~LAH~/Y/~,//J/D~rE E. WILAL//DAMS & ASSOCIATES, INC. ~ F ' Abdul-Wadood A. Haider, P.S. #6350 't Oy ' r . • ADlnl-Nadaol ~ ~ n Date: ! Z - A.B~idet _ • ~ y S•000~50 c : • EXHIBIT L D PARCEL B-7 PERMANENT ATH EASEMENT, DUBLIN ROAD AND PARCEL T-7 TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. 2542 0 50 100 I SCALE: 1 "=50' NANCY J. LAMBERT 1.952 ACRES PROP. PERMANENT O.R. 32084, PAGE C03 60' ®BIKEPATH EASEMENT (PARCEL N0. 273-002897 & 273-002892) 3 ~ 3 ~ r` ~ 17.00' ~ • w 17.02' w o w S 87°07'07" E z T-7 ~ ~ B-7 I-'-' z 0.052 AC -----~w _ ~ 0.052 AC . THOMAS P. SMITH/ M Q M ~ y JONATHAN P. SMITH ° ~ m 1.342 ACRES " z O. R. 27126 H08 3 0° 3 m (PARCEL N0. 273-002893) ~ Q ~ r; o o ~ o o° ~ o° ~ z w E O F 0.04' o ~ JERRY L. TRABUE AND ' ° " BEVERLY A. TRABUE, TRUSTEES 17.02' o Z ~~-IYa~eo/• ; 0 9.541 ACRES _ a- ~ * A. tlaidar •R. 181049, PAGE A05 B POINT OF o : ; s•oos3so a m (PARCEL 273-002894) EG I NN I NG T-7 ~ G I S T E P R' • • ~ 'E Y BASIS OF BEARING: ~E BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED ON THE BEARING - S 15'46'47"E FOR THE CENTERLINE OF DUBLIN ROAD (DUBLIN-BELLEPOINT/ 51-ATE ROUTE 745) AS SHOWN ON THE PLAT OF BRANDON SECTION 4, RECORDED IN PLAT BOOK 71, PAGE 02, ON FILE AT THE FRANKLIN COUNTY RECORDER'S OFFICE. ? ~ ABDUL-WADOOD A. RAIDER REGISTERED SURVEYOR N0. 6350 DATE: 9- 2 - 2000 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD AN D CLYDE E. WILLW.IS de ASSOCIATES. ING. TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD 130 E. WILSON BRIDGE ROAD