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Home My WebLink About36-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No.300d3 Ordinance No. 36-~~ Passed , 20 AN ORDINANCE TO APPROPRIATE A 0.007 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.055 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM SHEILA M. TURNER, LOCATED NORTH OF RIVER FOREST ROAD AND WEST OF DUBLIN-BELLEPOINT 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 tunnel at the intersection of River Forest Road and Dublin Road; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest 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. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concumng 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 constructing a bikepath tunnel at the intersection of River Forest Road and Dublin Road, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated at One Thousand Two Hundred Seventy Five Dollars and 00/100 Cents ($1,275.00). 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. Section 4. 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 5. There be appropriated from the Capital Improvements Tax Fund One Thousand Two Hundred Seventy Five Dollars and 00/100 Cents ($1,275.00) to account 401- 0314-780-2550 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 of the public health, safety and welfare. The reason for such necessity is that the prompt construction of a bikepath tunnel at the intersection of River Forest Road and Dublin Road is necessary for the protection of the citizens of Dublin. Therefore, this orLd/finance shall go into immediate effect. Passed this 7 day of 2006. . . Mayor -Presiding Officer ATTEST: I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section Clerk of Council 731.25 of the Ohio Revised Code. De y Clerk of Council, Dublin, Ohio Exhibit "A" Parcel 8-WD City of Dublin, Ohio ]From: Shelia M. Turner All Right, Title, and Interest in Fee Simple is the Following Described Property without Limitation of Ezisting Access Rights in the Name of and for the Use of The City of Dublin. Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey Number 2544 and being part of record 1.734 acre parcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instrument of Record 199904080088430 of the records of Franklin County, being a parcel of land lying on the left side of the centerline of Right of Way of Dublin-Bellepoint Road and bounded and described as follows: Commencing for reference at a railroad spike found in the centerline of existing Right of Way of Dublin-Bellepoint Road at the intersection of said centerline with the centerline of exisfing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 467; thence North 17° 22' O 1" West a distance of 53.04 feet to a point on the existing centerline of Right of Way ofDublin-Bellepoint Road; thence South 72° 34' 42" West a distance of 39.95 feet to a point on the westerly line of said Dublin-Bellepoint Road existing Right of Way and being the Principle Point of Beginning for the pazcel herein described; Thence South 17° 22' O 1"East along the westerly Right of Way line of Dublin-Bellepoint . Road a distance of 8.00 feet to an iron pin set; Thence with a curve to the right, along said Right of Way line with an arc length of 31.42 feet, with a radius of 20.00 feet, with a chord bearing of South 27° 37' S9" West, with a tangent of 20.00 feet, and a chord length of 28.28 feet to an iron pin set; Thence South 72° 37' S9" West a distance of 8.00 feet to an iron pin set; Thence crossing through said Tumer property North 27° 37' S9" East a distance of 39.60 feet to the Principle Point of Beginning and enclosing an area of 0.007 acres; . Of the above described area 0.007 acres is contained within Franklin County Auditor's Pazce1273-000456; All iron pins set are'/.-inch inside diameter by 30 inches with a cap stamped "American Consulting, Inc." and will be set after construction is completed. The bearings aze based on the Ohio State Ptane Coordinate System, South Zone, as established by the National Geodetic Survey, North American Datum of 1983, (1986 Adjustment) from GPS observations made from Franklin County Monument "Frank 6648" and City of Dublin Monuments " 3-02" and "97-008". The above description was prepared in February 2006 by Charles P. Unterreiner, Professional Surveyor 7819 from a field survey made by American Consulting, Inc. in January 2005 under the direction of said surveyor. A drawing of the above description known as Exhibit "B" is attached hereto and made part thereof. Grantor claims title by Instrument of record in Instnunent of Record 199904080088430 of the Recorder's Office, Franklin County, Ohio American Consulting, Inc. , ~ ~~~-(E O1; O'yi~ By. 1 c~2~`~ 3 ~ 3~d ~ ~ Charles'. Charles P. Unterreiner, P.S. 7819 Date ~4- Unt'rr'~nvr :.9 7c19 ~ EXHIBIT PROD. N0+ C020010133 . EXHIBIT B PARCEL 8-WD FILE N0+ 6 AMERICAN CONSULTING, INC. 2550 CORPORATE EXCHANGE DRIVE 0.007 ACRES SUITE 300 DRAWN BY+ fJA COLUMBUS, OHIO 43231 RIGHT OF WAY Architects (6141901-2235 fAX+ (6141901-2235 Consultants DUBLIN, "OHIO CNKD BY+ CPU EnJineefS SCALE: I' = 40' • ~ - IRON PIN FOUND 0 20 4o ao p -IRON PIN SET ® ~ - RR SPIKE FOUND SHELIA M. TURNER I.P. SET ARE 3/" I.D. RIVER FOREST RESIDENTIAL ~ IRON PIN 30" LONG WITH LOT #7 CAP INSCRIBED AMERICAN INST. #/ggg404080088430 CONSULTING, INC. PID 273-000456 ~ /.734 AC. ~ o S /7° 22' 0/" E, 8.00' ~ ~ 1 I I 2~ CH = S 27° 37' S9" W, CH L - 28.28' W W ~ I I R - 20.00', ARC L - 3/.42', T - 20.00' ~ P.0.8. i I I S 72° 37' S9" W, 8.00' N S 72° 34' 2" I I ®N 27° 37' S9" E, 39.60' ~ 39.95' I I ° O LP.S• ~ N /7 I22 I O I.P.S. ~ 2 53.04' - - Ex. R/W LP.S. i 1 ~ RIVER FOREST RD. 3 ~ I I I P8 28, PGS 46-47--i-_-- R.S.F~ I I I Ex. R/W i I I 3 lO' x l0' TELE. ~ ~ I ~ I EASEMENT , s i ~ DB 3763, PG 432 ~o i I W I ~ mw I ~ ~ ~ o w ~m ( I I I - - DAVIDOBLOOM ~ ~ I I RIVER FOREST ~ - - - RESI DENTI AL LOT #87 BASIS OF BEARING+ INST. #200402/2003!509 BEARINGS ARE BASED ON THE OHIO STATE PID 273-000538 PLANE COORDIANTE SYSTEM, SOUTH ZONE, l.6/0 AC. NAD B3 (86 ADJUSTMENT) , ~ I HEREBY CERTIFY THAT= ,..••`~P'C~~~FO,S,"`••; THE FOREGOING DRAWING REPRESENTS THE RESULTS OF ~4N ACTUAL FIELD SURVEY OF THE ~'f~Ch~rles~~`•~ PREMISES PERFORMED UNDER MY RESPONSIBLE P. SUPERVISION AND THAT THE SAID DRAWING !S ~ ; Unfnrr~ia2r ' ~ ~ CORRECT TO THE BEST OF MY KNOWLEDGE ' 7819 0' AND BELIEF. RVEY CHARLES P. UNTERREINER, P.S. N0. 78/9 DATE AMERICAN CONSULTING, INC. SITUATED IN THE STATE OF OH10, COUNTY OF FRANKLIN, CITY OF DUBLIN AND B-SING IN VIRGINIA MILITARY SURVEY NUMBER 2544 Exhibit "A" Parcel 8-T City of Dublin, Ohio From: Sheba M. Turner Temporary Easement in the Name of and for the Use of The City of Dublin. Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey Number 2544 and being part of record 1.734 acre pazcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instniment of Record 199904080088430 of the records of Franklin County, being a parcel of land lying on the left side of the centerline of Right of Way of Dublin-Bellepoint Road and bounded and described as follows: Commencing for reference at a railroad spike found in the centerline of existing Right of Way of Dublin-Bellepoint Road at the intersection of said centerline with the centerline of existing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 46-47; thence South 17° 25' OI" East a distance of 53.04 feet to a point on the existing centerline of Right of Way of Dublin-Bellepoint Road; thence South 72° 34' 42" West a distance of 39.95 feet to a point on the westerly line of said Dublin-Bellepoint Road existing Right of Way and being the Principle Point of Beginning for the parcel herein described; Thence South 27° 37' S8" West a distance of 15.56 feet to a point; Thence North 17° 22' Ol" West a distance of 223.00 feet to a point set on the northerly line of said Turner property, also being the southerly property line of William M. Caserta as recorded in Instrument of Record 200407200167997; Thence North 72° 37' S9" East a distance of 11.00 feet to a point on the westerly Right of Way line ofDublin-Bellepoint Road; Thence South 17° 22' O1" East a distance of 212.00 feet to the Principle Point of Beginning and enclosing an area of 0.055 acres; Of the above described area 0.055 acres is contained within Franklin County Auditor's Parce1273-000456; All iron pins set are'/,-inch inside diameter by 30 inches with a cap stamped "American Consulting, Inc." and will be set after construction is completed The bearings are based on the Ohio State Plane Coordinate System, South Zone, as established by the National Geodetic Survey; North American Datum of 1983, (1986 Adjustment) from GPS observations made from Franklin County Monument "Frank 6648" and City of Dublin Monuments "3-02" and "97-008". The above description was prepared in February 2006 by Charles P. Unterreiner, Professional Surveyor 7819 from a field survey made by American Consulting, Inc. in January 2005 under the direction of said surveyor. A drawing of the above description known as Exhibit "B" is attached hereto and made part thereof.. Grantor claims title by Instrument of record in Instrument of Record 199904080088430 of the Recorder's Office, Franklin County, Ohio. American Consulting, Inc. `""°•w. , By: j 3 -3-06 ~~P~~ of o,~'o Charles P. Unterreiner, P.S. 7819 Date ~ ~ l ` ChadAs P. ~ llnts;-r~iner . ~ 7~.~ o O r; EXHIBIT `S'C~r,,~~~,i~ ` ~ •••M., CITY OF DUBLIN DUBLIN RD./RIVER FOREST RD. PREPARED BY THE CITY OF DUBLIN, BIKEPATH TUNNEL DIVISION OF ENGINEERING 5800 Shier-Rings Road.nl>bi;a Ohia 43016-1136 S H E L IA M. TU RN E R Phone (614)410.4600 ~Faa(614)761~506 ~ ~ f ~ I ~ 1~ i i r I 310 I ~ f i ~ I 0.055 ACRES I TEMP. EASM. I 90.0 ~ _ 3zo,oo S._ ~ ~ ~ 9a0 * ~ 14 ~ ~ y ~+s~--- ' I . ° ~ ~ o.~ #517 'I ~ ~ r, 8 ~ . . 0.007 ACRES ,,~;~'i ~ ~g _ R/\N I I ~ P ~ ` ~ ~d'~ 320 .i - ~ - - - ~ O ~ i~. Z ~r n -~CITYL'~l'Vl~ ~ (n _ T _ a _ 200 200 ~ ~ N ~ K PROPOSED ~ BIKEPAT~ ~ I 4 '~`~r PROPOSE I ~NNEL 90.00 ~ ~ r ~i ~ _ >f 46 ~ r , 3 ~ r . ~ ~ , . 3~J ~ ~ 8 ~y _ i - b art ..r~. JV #8175 r~ ,a ~t s~'~r s ~F t ~ f=r ;;rk;x ~ W 4S } ~ : ~ a =r._,~ DRAWN CHECKED DATE: JOB N0. JLR 05/11 /06 04008CIP