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HomeMy WebLinkAbout06-07 OrdinanceRECORD OF ORDINANCES 1)aytan Legal Blank, Inc. Form No. 3x043 i~ J 1 ' 0~-07 Passed 2d ~rdtnance Na. , A ORDINANCE TO APPROPRIATE A 1,03 ACRE, MARE OR LESS, FEE SIMPLE INTEREST, FROM MICHAEL S. BLUE, AND HIS UNKNOWN SUCCESSORS, TRANSFEREES AND ASSIGNS, LOCATED ON AVERY ROAD, TOWNSHIP OF WASHINGTON, COUNTY OF FRANKLIN, STATE OF OHIO AND TO DECLARE AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve Avery Road between Shier- Rings Raadand Woerner-Temple Road in Franklin County; 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 Washington, Franklin County, Ohio, NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1, Council considers it necessary to appropriate, far the purpose of im rovin the Aver Road route between Shier-Rings Raad and Woerner-Temple P g y Road in Franklin Caunty, a fee simple interest in and to the premises located in the Township of Washington, Ohio, and more fully described in the legal description attached hereto as Exhibit "A„ Section 2, Council hereby fixes the value of the interest appropriated at $375,000,00 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 interest 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 petition far appropriation in the Franklin Caunty Common Pleas Court and to have a jury impaneled to assess the compensation to be paid far the real estate herein described above, Section 5. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason far such necessity is that the prompt improvement Avery Road is necessary to progress traffic circulation and relieve traffic congestion for the citizens of Dublin, Therefore, this ordinance shall go into immediate effect. Passed this day of C~t.,.~ , 2007. k ~ Mayor -Presiding Officer ATTEST: Clerk o Council File # ZOti60l ~'1 EXHIBIT "A" . Situated in the State ofOhio, County of Franklin, and Township of Washington: Situated in the State of Ohio, County of Franklin; Township af'~ashington and being a part of the 5,46 acre tract of land conveyed to William E. Pethtel and Peggy A. Pethtel by deed of retard in Deed Baok 2131, ,page 371, Franklin County Recorders Off ce, Columbus, Ohio, and being mare particularly described as follows; Beginning at a point on the centerline of Avery Road, said point being the southeasterly r~orner of the Pethtel 5.46 acre tract: thence N. 81° - 30° W, with the southerly line afraid Pethtel tract, a distance of 479.73 feet to a paint, said point being the southwesterly comer of the Pethtel. Thence N S° -1 S' E, with the westerly line of the Pethtel tract, a distance of 99,9996 feet to a point: Thence S 81 ° -30' E, crossing the Pethtel tract, a distance of 481.025 feet to a point an the centerline of Avery Road. Thence S 8° • 59' -- 34" W, with the centerline of Avery Road the easterly line of the Pethtel tract, a distance of 140 feet to the place of beginning and containing 1.10 acres of land, more or less, Parcel No. 274•Q40a86.00 r a~~rl~, y ~~ FIDUCIARY DEED H~~ kNOW Ax.I, MEN BY THESE PRESENTS, that ~e~t ~l~~,g~~ ~d Patricia A, Anglin as Trvs~acs of the Pasricia A. Anglin Revacabic Living Trust ted Tuber 1, 1998, Husband and Wife tar valuable consideration paid grants with fiduciary covenants to Michaei 5. Blue, wl~ase tax mailing address i5 6477 Avery Road, Dublin, DH 4317, the failowing REAL PROPERTY situated in the Caunty of" Fra~iklin, State of Ol~ia, and in tlx City of Dublin and being more particularly bounded and dcscnbcd as fallaws; SEE EXNI$iT A ATTACHED HERETO AND MADE A PART HERE01~. ~~~~~~~~f~~l~~~~~~~~~ ~005012fi0~~57~~ Pazccl Number; ~74.0044$b-40 ~ izs~~it ~+ ~zc~r~+oa+~ Address; 6477 Avery Road Fr~iin ~,lr~•cordrr Dublin, Ohio 43017 This conveyance is sub~cct to; !)the lice of any instal]mcnts of real estate taxes and assessments, if any nat due and payable as of tlx date hc~rof, 2) restrictions, casements, conditions and rescrvatians of record, 3) and zoning ordinance Prior Inst~rurncnt ReterGatcc; I99$14194z6645 i of the Decd Records of Franklin, County, Ohia. IN WITNESS WFIEREOF, R~4~#tl~/ ~+~$lJll~~ Patricia A, Anglin as Trustc~sr of the Patricia A, Anglin Revocable Living Trust dated October I, 199$ have cau~scd their names to be subscrYbcd this 13~' day of January, 2405 . Executed bcforc me on l 3th day of 3anuary, 2Q05, by ~tt/Dll~ Ah~rl, /~r~s~e~/a~ Patricia A, Anglin, Trustaw who undo penalty of perjury in violation of action x921,1 I of the. Revised Code, represtntcd to nx to be said person, ~db~~J~~/~~~~ J~s~a~l Patricia A. Anglin, Trust~:c STATE 4F Ohio cotn~rrY o~ ~~~`,~ Befarc me, a Notary Public in and for said county personally appeared ~~~~~~ ~~~I~~~d~Patricia A, Anglin as Trustees of the Patricia A. Anglin Revocable Living Trust dated Qctober I, 199$, the Grantors in the foregoing deed, who executed the foregoing instrument and acknowledged the signing thereof t4 be their voluntary act and dtcd, IN TEST[MONY T1`IIREOF, I have hereunto subscribed my nay and affixed my scat on t]x day and ytar last aforesaid. Notary Public r This isishvrrFent was prcpvred by: Jonathan T, Dever, Attorney-At-Law '~RANSI~ERR .#~~?fi~ J05~PH w. t`~ST~ AUptTpR .. fAAM~JN C4~~ ~ STEVEN C. DYaS Mot~ry Public In urd ipr t~ Sbh d t7rNa ~h- ~ +~ ~ ~~ zoos ~'