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Home My WebLink About37-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 37-03 Passed , 20 AN ORDINANCE TO APPROPRIATE A 1.394 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM JON P. RIEGLE, TRUSTEE (1/2 INTEREST), DEANE BISHOP, TRUSTEE (1/2 INTEREST), UNION COUNTY AND UNION RURAL CO-OPERATIVE, INC., LOCATED SOUTH OF MITCHELL & DEWITT ROAD, TOWNSHIP OF JEROME, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY. 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; and 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 Twenty Two Thousand One Dollars and 00/100 Cents ($22,001.00) 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 appropriatiorl 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 Twenty Two Thousand One Dollars and 00/100 Cents ($22,001.00) 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 ~ , of ~Q r~~ , 2003. ayor -Presiding Officer I hereby certify that copies of this ATTEST: Ordinance/Resolution were posted in the City of Dublin in accordance with Section n 731.25 of the Ohio Revised Code. Cv Clerk of Council . C r of Council, Dublin, Ohio t 1.394 ACRE RIGHT OF WAY ACQUISITION (RW-09) DEANE BISHOP, TRUSTEE Situated in the State of Ohio, County of Union, City of Dublin, being a part of Virginia Military Survey Number 3452, said 1.319 acres being a part of a 11.333 acre tract of land conveyed to John P. Riegle, Trustee by deed record in Official Record 96, Page 767, said 1.394 acre acquisition being more particularly described as follows: Beginning at a railroad spike found at the intersection of the centerline of Hyland & Croy Road and Mitchell & Dewitt Road, 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, at the southeast corner of a 6.258 acre tract as conveyed to Orella Lyon by deed of record in Deed Book 335, Page 445, the northwest corner of said 11.333 acre tract and the northeast corner of a 61.350 acre tract as conveyed toH.C. Associates by deed record in Deed Volume 309, Page 713 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 Mitchell & Dewitt Road, the north line of said 11.333 acre tract and the south line of said 41.167 acre tract and the with the following three (3) courses: Thence South 62°14'03" East, a distance of 48.31 feet to a pk nail found; Thence South 69°40'03" East, a distance of 914.42 feet to a pk nail found; Thence South 67°00'03" East a distance of 479.31 feet to a railroad spike found at the southeast corner of the said 41.167 acre tract, in the west line of a 25.469 acre tract as conveyed to The Board of Education of the Dublin City School District by deed of record in Official Record 78, Page 234 and in the northeasterly corner of said 11.333 acre tract; Thence along the west line of the said 25.469 acre tract and the east line of said 11.333 acre tract, South 02°10'04" East, a distance of 36.78 feet to an iron pin found at the southwest corner of said 25.469 acre tract, the southeasterly corner of said 11.333 acre tract and in the north line of a 29.218 acre tract as conveyed to The Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District by deed of Record in Official Record 212, Page 304; Thence along the south line of said 11.333 acre tract and the north line of said 29.218 acre tract, North 75°54'55" West, a distance of 42.83 feet to a point in the new south right-of--way line of Mitchell & Dewitt Road, said point being referenced by a stone found approximately 0.48 feet in the northerly direction; Thence crossing the said 11.333 acre tract with the new south right-of--way line of Mitchell & Dewitt Road along the following three (3) courses: Thence North 67°00'03" West, a distance of 451.64 feet to an iron pin set; Thence North 69°40'03" West a distance of 848,49 feet to an iron pin set; Thence South 52°39'44" West a distance of 50.00 feet to an iron pin set; Thence South 84°59'33" West a distance of 40.00 feet to a pk nail set in the centerline of Hyland & Croy Road in the west line of said 11.333 acre tract, the east line of said 61.50 acre tract and said point being on the common line between Virginia Military Survey Numbers 3452 and 6595; Thence along the centerline of Hyland & Croy Road, the west line of said 11.333 acre tract, the east line of said 61.50 acre tract and being on the common line between Virginia Military Survey Numbers 3452 and 6595, North OS°00"~7" West, a distance of 116.87 feet to the True Point of Beginning and containing 1.394 acres of land, more or less, 0.525 acres being in the Township of Jerome and 0.869 acres being in the City of Dublin. Being 0.869 acres within the present right of way and 0.525 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 OS°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. .L®,,,,tl,sJ{rds'~, GI r .~1~`L~,IL~ JAMES `~--j 4 P J ~ enedict O io L.S. 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