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Home My WebLink About48-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 48-03 Passed . 20 AN ORDINANCE TO APPROPRIATE A 0.041 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FOR ADDITIONAL RIGHT-OF-WAY, A 0.462 ACRE, MORE OR LESS, FEE SIMPLE INTEREST FOR EXISTING RIGHT-OF- WAY, AND A 0.186 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM LISA M. JOHNSON AND CAROLYN M. QUINN, LOCATED SOUTH OF RINGS ROAD AND WEST OF WILCOX ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. ~ I WHEREAS, the City of Dublin is preparing to reconstruct the Rings Road and Wilcox Road intersection; and ~ WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest and a 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 fee simple interest 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 reconstructing the Rings Road and Wilcox Road intersection, 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 Twelve Thousand ~ Nine Hundred Twenty Five Dollars and 00/100 Cents ($12,925.00) which sum shall be deposited with the Franklin 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 owners of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. i i Section 4. The City Law Director is directed to file a complaint 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 5. There has been appropriated from the Capital Improvements Tax Fund Twelve Thousand Nine Hundred Twenty Five Dollars ($12,925.00) to account 4010314-780-2550 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 o f t he p ublic h ealth, s afety a nd w elfare. T he r eason f or s uch necessity is that the prompt reconstruction of the Rings Road and Wilcox Road intersection 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. I~ Mayor - residing Officer I hereby certify that copies of this. Ordinance/Resolution were posted in the', ATTEST: City of Dublin in accordance with Sectionl, 731.25 of the Ohio Revised Code. Clerk of Council k of Council, Dublin, Ohio ail i I SCHOTTENSTEIN ZOX sc DUNN a legal professional association MEMORANDUM TO: Dublin City Council Jane Brautigam FROM: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: Apri130, 2003 RE: Southwest Calming -Phase 4 SUMMARY: This project requires appropriation of right-of--way from six (6) property owners for the construction of a traffic circle on Rings Road and the reconstruction of the Rings Road and Wilcox Road intersection. Five (5) property owners have agreed to donate or have executed the necessary easements to the City. Ordinance No. 48-03 has been submitted to Council for approval of Dublin's intent to appropriate the necessary right-of--way and easements from the remaining one (1) property owner. RECOMMENDATION: Legal Staff recommends approval of Ordinance No. 48-03. www.SZD.com Columbus Cleveland Cincinnati {H0319939.1 J The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5135 PAGE 1 OF 1 EXHIBIT A PARCEL 21 WD CITY OF DUBLIN, OHIO LISA A. JOHNSON and CAROLYN M. QUINN DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY FOR WILCOX ROAD AND RINGS ROAD SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 3004, BEING A PART OF THAT 1.676 ACRE TRACT AS CONVEYED TO LISA A. JOHNSON AND CAROLYN M. QUINN BY DEED OF RECORD IN OFFICIAL RECORD 31629 J16, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT FRANKLIN COUNTY MONUMENT NO. FCGS 4412 AT THE CENTERLINE INTERSECTION OF RINGS ROAD WITH WILCOX ROAD, ALSO BEING THE NORTHEASTERLY CORNER OF SAID 1.676 ACRE TRACT; THENCE SOUTH OS°30' 15" EAST, A DISTANCE OF 204.90 FEET, ALONG THE EXISTING CENTERLBE OF WILCOX ROAD, AND ALONG THE EASTERLY LINE OF SAID 1.676 ACRE TRACT, TO THE SOUTHEASTERLY CORNER OF SAID 1.676 ACRE TRACT; { THENCE SOUTH 87°42' 16" WEST, A DISTANCE OF 30.05 FEET, ALONG THE SOUTHERLY LINE OF SAID 1.676 ACRE TRACT, TO THE INTERSECTION WITH THE EXISTING WESTERLY RIGHT-OF- WAY LINE OF WILCOX ROAD; THENCE NORTH OS°30' 15" WEST, A DISTANCE OF 102.92 FEET, ALONG THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD TO AN IRON PIN SET AT THE INTERSECTION WITH THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD; THENCE NORTH 50°46'58" WEST, A DISTANCE OF 84.44 FEET, ALONG THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD TO AN IRON PIN SET AT THE INTERSECTION WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD; THENCE SOUTH 83°56' 18" WEST, A DISTANCE OF 290.11 FEET, ALONG THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD, TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID L676 ACRE TRACT; THENCE NORTH 06°04'30" WEST, A DISTANCE OF 40.00 FEET, ALONG THE WESTERLY LINE OF SAID 1.676 ACRE TRACT, TO THE INTERSECTION WITH THE EXISTING CENTERLINE OF RINGS ROAD, AT THE NORTHWESTERLY CORNER OF SAID 1.676 ACRE TRACT; THENCE NORTH 83°56' 18" EAST, A DISTANCE OF 380.51 FEET, ALONG THE EXISTING CENTERLINE OF RINGS ROAD, AND ALONG THE NORTHERLY LINE OF SAID 1.676 ACRE TRACT, TO THE POINT OF BEGINNING, CONTAINING 0.503 ACRE, MORE OR LESS, OF WH[CH THE PRESENT ROAD OCCUPIES 0.462 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA 0.503 ACRE IS CONTAINED WITHIN THE FRANKLIN COUNTY AUDITOR'S PARCEL 273-005376. ALL IRON PINS SET ARE 5/8 INCHES IN DIAMETER BY 30 INCHES LONG, TOPPED WITH A 1-1/2" DIAMETER ALUMINUM CAP STAMPED "R.D. ZANDE". THE BEARING DATUM OF THE AFORE-DESCRIBED PARCEL IS BASED UPON THE RINGS ROAD CENTERLINE AS BEING NORTH 83°2T 19" EAST, BETWEEN FCGS #4412 AND FCGS #4413. THIS DESCRIPTION WAS PREPARED IN FEBRUARY, 2001 BY TIM ALLEN BAKER, REGISTERED SURVEYOR 7818 AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN IN DECEMBER 1999 BY R. D. ZANDE AND ASSOCIATES, INC. UNDER THE DIRECTION OF SAID SURVEYOR. A DRAWING OF THIS DESCRIPTION KNOWN AS EXHIBIT "B" IS ATTACHED HERETO AND MADE PART THEREOF. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 31629 J16, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. R. D. ZANDE AND ASSOCIATES, INC. 2 z6-~i ~ / REGISTERED SURVEYOR NO. 7818 DATE y ~ 11818 o e o~~ ~Q~~~~ r+ma~ EXHIBIT ~ DCH IBIT _ _ _ _ ~ R~ . EX. RAW I ~N yVILCOX ROAD 60~ ~ ~ E 204.90' o N 05'40_27" W S 05'3015 0 ~ R/, 102.92' W~ EX. RAW ~ N 05'30'15" W Ex. R W A ~N 60.00' ~Z ~ ~ ~ oZ o ~ ~ [1 fL ~ ~ , r _ IX wl~ ~O ~w ~ ~ ~ v~1 U7 ~ - 3 za ~ i tY, r- ~ Q ,J Q Q Q U r- N M Q O d0' ~ ~ d 000 ~O o ~ N i ~o =N ~o Q~ rno~o ~v ~tN > Q OM ~ w 3 _J f_NM U~ O ~ ~ ~ UO ~ ~ ~ m ~ ~ ~ o In 0 cD ~ 0~0 N t~ Z Z co iM r~ 00 ~ 00 ~ z~Qrn N ~ Z O ~ co.~ ~ ~ } t0 M QO~~ ~a o J U ~~t~ 0 o ~ N ' n N m Z W J ~ m Q Q N 06'04'30" W 3 0 ~ ~ 40.00' EXHIBIT OF PARCEL 21 WO N ~ ~ I YVIICOX ROAD L O ~ ~ City of Dublin, ]Ynnkiin County, Ohio w D' ~ Virginis Yilitery Survey 3004 SCALE: 1' = 40' DATE: FEB., 2001 t W w 1 ///HH yy U IO ~'i w ~Q ~ OF O i o O = EXISTING IRON PIN r/i~ AM y~o~ i • = IRON PIN SET ' ' BAKER ~ ~ R.D. Sande ~ ,Isscctote~ lnc. ? = EXISTING MONUMENT o~ P 7818 a~~ € 7 Read ~ BASIS OF BE~?INGS FSF~rsTE~~/QJ P~ slff IB6-~G9B9 a THE BEARING DATA ARE BASED UPON THE CENTERLINE OF -sy/ONAlSv RINGS ROAD AS BEING NORTH 83'56 18' EAST, FROM AN - w ADJUSTED CLOSED TRAVERSE BETWEEN FRANKLIN COUNTY ,~3 / of a MONUMENTS FCGS 2229 AND FCGS 4412. m Registered Surveyor X7818 Date PAGE 1 OF 1 EXHIBIT A PARCEL 21 T CITY OF DUBLIN, OHIO LISA A. JOHNSON and CAROLYN M. QUINN DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR WILCOX ROAD AND RINGS ROAD SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGINIA MILTI'ARY SURVEY NO. 3004, BEING A PART OF THAT 1.676 ACRB TRACT AS CONVEYED TO LISA A. JOHNSON AND CAROLYN M. QUINN BY DEED OF RECORD IN OFFICIAL RECORD 31629 J16, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE AT FRANKLIN COUNTY MONUMENT NO. FCGS 4412 AT THE CENTERLINE INTERSECTION OF RINGS ROAD WITH WILCOX ROAD, ALSO BEING THE NORTHEASTERLY CORNER OF SAID 1.676 ACRE TRACT; THENCE SOUTH OS°30' 15" EAST, A DISTANCE OF 100.29 FEET, ALONG THE EXISTING CENTERLINE OF WILCOX ROAD, AND ALONG THE EASTERLY LINE OF SAID L676 ACRE TRACT, TO A POINT; THENCE SOUTH 84°29'45" WEST, A DISTANCE OF 30.00 FEET, PERPENDICULAR TO THE CENTERLINE OF WILCOX ROAD, TO AN IRON PIN SET AT THE INTERSECTION OF THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD WITH THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD, AND BEING THE POINT OF TRUE BEGINNING; THENCE SOUTH OS°30' l5" EAST, A DISTANCE OF 50.00 FEET, ALONG THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD, TO A POINT; THENCE SOUTH 83°56' L 8" WEST, A DISTANCE OF 90.00 FEET, ACROSS SAID 1.676 ACRE TRACT, AND PARALLEL TO THE EXISTING CENTERLINE OF RINGS ROAD, TO A POINT; THENCE NORTH OS°30' 15" WEST, A DISTANCE OF 110.00 FEET, ACROSS SAID 1.676 ACRE TRACT, PARALLEL TO THE EXISTING CENTERLINE OF WILCOX ROAD, TO A POINT IN THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD; THENCE NORTH 83°56' 18" EAST, A DISTANCE OF 30.00 FEET, ALONG THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD, TO AN IRON PIN SET IN THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD; THENCE SOUTH 50°46'58" EAST, A DISTANCE OF 84.44 FEET, ACROSS SAID 1.676 ACRE TRACT, AND ALONG THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD, TO THE POINT OF TRUE BEGINNING, CONTAINING 0.186 ACRE, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA 0.186 ACRE IS CONTAINED WITHIN THE FRANKLIN COUNTY AUDITOR'S PARCEL 273-005376. ALL IRON PINS SET ARE 5/8 INCHES IN DIAMETER BY 30 INCHES LONG, TOPPED WITH A 1-1/2" DIAMETER ALUMINUM CAP STAMPED "R.D. ZANDE". THE BEARING DATUM OF THE AFORE-DESCRIBED PARCEL IS BASED UPON THE RINGS ROAD CENTERLINE AS BEING NORTH 83°27' 19" EAST, BETWEEN FCGS #4412 AND FCGS #4413. THIS DESCRIPTION WAS PREPARED IN FEBRUARY, 2001 BY TIM ALLEN BAKER, REGISTERED SURVEYOR 7818 AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN IN DECEMBER 1999 BY R. D. ZANDE AND ASSOCIATES, INC. UNDER THE DIRECTION OF SAID SURVEYOR. A DRAWING OF THIS DESCRIPTION KNOWN AS EXHIBIT "B" IS ATTACHED HERETO AND MADE PART THEREOF. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD 31629 J16, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. R. D. ZANDE AND ASSOCIATES, INC. r ; lAa AL1,R1 2-Z -O 1 BAIQR REG ST RED SURVEYOR NO.7818 DTE, X07818 A~'P p io EXHIBIT ' EXHIBIT B + ~ EX. R/W I ILCOX ROAD 0 ~ 204.90 N 05' 40=27" W ~ ~ _ S05'30'15' E 100.29' S 84 29'45" W °o M =R/, r°~I S 0530'15" E EX. R W I oW E60 00' F, ~ 50.00' 52.92' - U (n q v.~ r - 3 Z~ ~ ~ O ' ~ 0 m~ o! ~ D~h~~` O ~ iD ~ ~ O O ~GN O ~ r' I``' wl~~h ~ Z ~ 00 ~ ~ ~ o Sm ~ ~ ~ ~ o I `n ° 110.00' I aMO ~ E I S 05' 30' 15" z 1 I ~ ~ Qo ~ za ~ ~°Qa = o <r ~Q~~ I N UU U gv~M ~U~~ Lv QQ Q JF-NM ~ I i ~ 00 O 0p m ~ 1 a0 ~ Q O o 0- O O O O O MI~ I Z 1 I I ~z z z `r° I ~a ~ ~ = QN 1 1~ oz^~ i 1~ rcoM cV a0~~ I vQi Q o J U I 1 N I I I ~ Z ~ J mQ 3 o N 06' 04' 30" W o ~ i 40.00' 1 EXHIBR OF PARCEL 21T ~ I I WILCOX ROAD L v ~ 3 City of Dublin, 1?Yanklin County, Ohio w rY ~ Virginia 11(iiitnry Survey 9004 X SCALE: 1" = 40' DATE: FEB., 2001 x w w i 0 FH~w.~ o ro eo w i c~cNn •c~ o o O = EXISTING IRON PIN ~i~ TAO • = IRON PIN SET BAKER }rc Ii!D. Sands at Assocratas, Inc. ~ ? = EXISTING MONUMENT Ao ~ 7818 ~ J~°. ~ f•~•f2' Road ~ e ~ Gblumbas, Ohfo f3Z>S 9ASIS OF eE~rnNrc FS °isTEa..fea phon..• (sf,r~ ,res-,cres a THE BEARING DATA ARE BASED UPON T~tE CENTERLINE -0F ~S~ONAI SJ RINGS ROAD AS BEING NORTH 83'58'16 EAST, FROM AN w ADJUSTED CLOSED TRAVERSE BETWEEN FRANKLIN COUNTY ~~i Q~lJ a MONUMENTS FCGS 2229 AND FCGS 4412. - m Registered Surveyor X7818 Date