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Home My WebLink About38-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 38-03 Passed . 20 AN ORDINANCE TO APPROPRIATE A 0.525 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM FRIEDA SHIRK ESTATE, 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. 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 Six Thousand Eight Hundred Forty One Dollars and 00/100 Cents ($6,841.00) 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 Six Thousand Eight Hundred Forty One Dollars and 00/100 Cents ($6,841.00) 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 day of , 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 731.25 of the Ohio Revised Code. Clerk of Council k of Council, Dublin, Ohio 0.525 ACRE RIGHT-OF-WAY TRACT (RW-6) FREIDA I. SHIRK, TRUSTEE Situated in the State of Ohio, County of Union, Jerome Township, in Virginia Military Survey Number 2925 and being part of a 28.50 acre tract of land as conveyed to Freida I. Shirk by deed of record in Official Record 143, Page 142, all references being to records in the Recorder's Office, Union County, Ohio and being a 0.525 acre right-of--way tract more particularly bounded and described as follows: Beginning at a railroad spike set in the centerline of Hyland & Croy Road (County Road 2-D), at the northeast corner of a 2.762 acre tract of land as conveyed to Scott and Shellie Wheeler by deed in Deed Book 196, Page 327, at the southeast corner of said 28.50 acre tract, at the southwest corner of a 25.614 acre tract as conveyed to The Board of Education of the Dublin City School District by deed in Official Record 80, Page 209, at the northwest corner of a 41.167 acre tract as conveyed to The Board of Education of the Dublin City School District by deed in Official Record 82, Page 45, said point being common to the northerly corners of Virginia Military Survey Numbers 3542 and 6595 and the southerly line of Virginia Military Survey Number 2925 and the True Point of Beginning for this description; Thence along the south line of said 28.50 acre tract, the north line of said 2.762 acre tract, the north line of Virginia Military Survey Number 6595 and the south line of Virginia Military Survey Number 2925, South 84°36'02" West, passing an iron found at a distance of 29.14 feet, a total distance of 40.26 feet to an iron pin set in the new west right-of--way line of said Hyland & Croy Road; Thence crossing the said 28.50 acre tract with the new east right-of--way line of Hyland & Croy Road (County Road 2-D), North 11°52'28" East a distance of 572.02 feet to an iron pin set in the north line of said 28.50 acre tract and in the south line of a 2.31 acre tract as conveyed to Floyd Shirk by deed of record in Deed Book 143, Page 135; Thence along the north line of said 28.50 acre tract and the south line of said 2.31 acre tract, North 85°06'32" East, passing an iron pin found at a distance of 15.80 feet, a total distance of 40.30 feet to an pk nail set in the centerline of Hyland & Croy Road (County Road 2-D), in the west line of said 25.614 acre tract, at the southeast corner of said 2.31 acre tract and at the northeast corner of said 28.50 acre tract; Thence along the centerline of Hyland & Croy Road, the east line of the said 28.50 acre tract, the west line of said 25.614 acre tract, South 11°52'28" East, a distance of 571.66 fee to the True Point of Beginning and containing 0.525 acres of land, more or less, in the Township of Jerome. Being 0.328 acres within the present right of way and 0.197 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 -m/ arked LJB Inc. 9 / 'it~y.4P~lI6~YFdr 64~~24 a ~w. :.9 ~ ~~o ~Cy~ •..eo~'s~~.,~~'Jy. Jam s Benedict hio L.S. No. 6583 ~a, ~Af~iES ch 3, 2003 o P' RW-6.doc ~ BEfilEDICT ; 56583 ''o~.u~~u~o~''' v ~ ~ n p~ a W pn,v n Q~ n Y Y Y Y Y Y Y Y Y Y Y ~ n ng s ~aa a f~~ e g ~ w w >u p w w ~ 5~~. 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