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Home My WebLink About36-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 36-03 Passed , 20 AN ORDINANCE TO APPROPRIATE A 0.664 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM ORELLA LYON, UNION COUNTY AND UNION RURAL CO-OPERATIVE, INC., LOCATED WEST OF HYLAND & CROP ROAD, TOWNSHIP OF JEROME, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY. h WHEREAS, the City of Dublin is preparing to construct turn lanes along Mitchell-Dewitt (Brand Road) and Hyland-Croy Roads; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the Township of Jerome, Union 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 fee simple interest in and to the premises located in the Township of Jerome, Union County, State of Ohio, and more fully described in the legal description attached hereto as Exhibit "A" is hereby appropriated for the public purpose of constructing turn lanes along Mitchell-Dewitt (Brand Road) and Hyland-Croy Roads, 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 Seventeen - Thousand Three Hundred Forty Dollars and 00/100 Cents ($17,340.00) which sum shall be deposited with the Union 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 owner 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 complaint for appropriation in the Union 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 Capital Improvements Tax Fund Seventeen Thousand Three Hundred Forty Dollars and 00/100 Cents ($17,340.00) 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 turn lanes along Mitchell-Dewitt (Brand Road) and Hyland- Croy Roads is necessary to improvement traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this ll day of p rG~, , 2003. i , Mayor -Presiding Officer I hereby certify that copies of this ATTEST: Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Clerk of Council ~L ~~7~~ ,1 ~4 , - e of Council, DublinOhio 0.664 ACRE RIGHT-OF-WAY TRACT (RW-2) ORELLA LYON Situated in the State of Ohio, County of Union, Jerome Township, in Virginia Military Survey Number 6595 and being part of a 6.258 acre tract of land as conveyed to Orella Lyon by deed in Deed Book 335, Page 445 and being a 0.664 acre right-of--way tract more particularly bounded and described as follows: Beginning at a railroad spike found at the intersection of the centerline of Hyland & Croy Road (County Road 2-D) and the centerline of Mitchell & Dewitt Road (County Road 9- E), at the southwest corner of a 41.167 acre tract as conveyed to The Board of Education of the Dublin City School District by deed of record in Official Record 82, Page 45, the southeast corner of the said 6.258 acre tract, the northeast corner of a 61.350 acre tract of land as conveyed to H.C Associates by deed of record in D.V. 309, Page 713, the northwest corner of a 11.333 acre tract as conveyed to Jon P. Riegle, Trustee by deed of record in Official Record 96, Page 767 and said point being on the common line between Virginia Military Survey Numbers 3452 and 6595 and the True Point of Beginning for this description; Thence along the centerline of said Mitchell & Dewitt Road (County Road 9-E), the south line of said 6.258 acre parcel and the north line of said 61.350 acre tract, North 62° 11'30" West, a distance of 125.63 feet to a pk nail set on the new west right of way line of said Hyland & Croy (County Road 2-D); Thence along the said new west right of way line along the following three (3) courses: Thence North 27° 48' 30" East, a distance of 40.00 feet to an iron pin set; Thence North 56° 23' S3" East, a distance of 50.00 feet to an iron pin set; Thence North OS°00'27" West, a distance of 516.37 feet to an iron pin set in the north line of said 6.258 acre parcel and in the south line of a 2.743 acre tract as - conveyed to Lester and Shirley Eyre by deed in Deed Book 253, Page 299; Thence along the north line of said 6.258 acre parcel and the south line of said 2.743 acre tract, North 84°27'45" East, a distance of 40.00 feet to a railroad spike found in the centerline of said Hyland & Croy Road (County Road 2-D), at the northeast corner of said 6.258 acre tract, the southeast corner of said 2.743 acre tract and in the west line of said 41.167 acre tract; Thence along the centerline of said Hyland & Croy Road (County Road 2-D), the east line of said 6.258 acre tract and the west line of said 41.167 acre tract, South OS°00'27" East, a distance of 642.37 feet to the True Point of Beginning and containing 0.664 acres of land, more or less in the Township of Jerome. Being 0.414 acres within the present right of way and 0.250 acres of right of way to be acquired. Subject to all easements, agreements and right-of--ways of record. The basis of bearings is North O5°00'27" West, for the centerline of Hyland & Croy Road (County Road 2-D), as shown on a previous survey recorded in Survey Record 15, Page 398, on record in the Office of the Union County Engineer. All Deed Records and Plat Records are Union County Records unless noted otherwise. Iron pins set are 5/8" rebar with plastic cap marked LJB Inc. p ; 0o F• M ~ ° JADES tl`~ a+ Jam s Benedict Ohio L.S. No. 6583 w ~ p. M ch 3, 2003 r ~ BENEDICT ? ~ ? 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