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Home My WebLink About05-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc, Form No. 30043 Ordinance No, Q~ 07 Passed 20 A ORDINANCE TO APPROPRIATE A 1,7~~ ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FRAM THANE F, AND STELLA C, THATCHER, AND THEIR 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 Roadand 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" Iacated in the Tawnship of Washington, Franklin County, Ohia NOW, THEREFQ~E, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Sec_tan_ 1, Council considers it necessary to appropriate, for the purpose of inapraving the Avery Road route between Shier~Rings Road atad Woerner-Temple Road in Franklin County, a fee simple interest in and to the premises located in the Tawnship 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 $31~,a0~,~Q which sum shall be deposited with the Franklin County Common Pleas Court far 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 f,aw Director is directed to file a petition for appropriation in the Franklin County Common Pleas Court and to have a jury impaneled to assess the compensation to be paid for the real estate herein described above Section S, This ordinance is hereby declared to be an emergency necessary for the immediate reservation of the ublic health, safety and welfare. The reason far such p p 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 ga into immediate effect Passed this ~1 e~ day of ~~ca , 2007. ~~~ Mayor -Presiding Officer ATTEST: Q~~ ~ Clerk of Council 537220531 { ~4 ~~ ~ '° J r ~~ v ., , q Y ~- .. h ~ ~ .~ . a ~'~ t I1 ~ t~ ~:~ t i i s a C M r~ '~ K ' ~ "~ i ~ c ~ ,~ ~~ J ~ C k.~ ;' s L ~M ~i ~ ~+ 1 iY+~tlf 421-1~11~Q ~At~AA1T! D~l:D - Sort Pte. +itv.v~ •~••• •••~ •,••• •••~-"'°"• •~••• •• "•• voi~7~'~ ~,~~4~ ~ ~ ~~ x~~~~i~~ ~t Wayne iioad and Nina Wood, husband and rife ~Q"7'S9 ~ union Cam. ~0` ;~ c~aeahr+tioe o! pne Dollar and other valuable aonsideratiaa to then ~ ~P+~ ~' Thane F. Thatcher and Stella C. Thatcher, 1 hu band ~d ife wboseaddhea~ 6829 Avery Raa~, Ril~iar~, 0~i{p 43 ~l~xnd~a da he~e~by $rast~ir~tin,4 rorhr,dd Thane F. Thatcher and Stella C. Thatcher, husband and Mife ;'85 their l~ sad aur'pu JonMa. Ilir fo[b'w,~ deunbnd cal ~etatr, ritaate in the Township ~x~u~ ~.1 • ~Iashinyytton ~ ter CopraJ- of Franklin void rhr Srrrr of Luria Situate in the State of Ohio, County of Frank]ia and Tartaship of Washington and being a part of Survey Na. 3004, Virginia tiilitary Lagds and also being a part of that 2.755 xere Tract conveyed to Wayzse and ttitta 1~ood by deed of record in Deed Book 36b9, Papa 771, records of the Recorder's Office, Franklin County, Ohio, and being root particularly described as tolloWs: Beginning at a spiky in the centerline of Avery Road at the southeaste ly corner of the above-~aentioned Wood Tract; thence R. BO' 3D' 26" H. alo g the southerly line of Sall mood Txact, the aaztberly line of that 4.86 9 Acre Tract conveyed to Ray R. and Nancy L. ~Ialker by deed of record in Deed Beak 271.0. Page 655, of the aforementioned records, and along the northerly line of Dan-Sherri Subdivision of record in Plat gook TS, Page 44, of the aforementioned records 44Q Ft. to an iron pin at the southwesterly corder of said Wood Tract, passing a rod on line at 21.1 Ft.s thence R. 9' 24` QO' E. along the wtaterly line of said flood Try and along the rewiring lands of Jack V. Frost 30D ft. to to iron pin at the northxetterly corner of Baia A'oad :tact; thence S. gD' 3D' 26' ' E. alo~ag the northerly lino of said WooG Tract and rer-airing lands at Jack V. Frost 100 Ft. to za iron pin; thence S. 9. 34' OD' ~P. across said Hood Tract 154.00 Ft. to an iron pin; thence S. 8D• 30' 26" E. across said Mood Tract 3DD Ft. tc a spike in the centerline of ]very Road, passing an irva pxn on xine at 270 Ft.t thence S. 9' 24' DO* '~1. along the oeaterlirte of Avery Rand 150.00 Ft. to the place of beginni s oontaininq 1.721 Acres, more ar leas, subject to the right-of-way of Av:ry Road. ~-:so syb~ect to all easements and restrictions of record. 5urve}ed by Ray T. Uradervood, Registered Snrveyor~ Maxch, .1979. EICCEP'P FQx FASEIO~TS AID RESTRICTIQNS OF RDC4RD IUID TIISES POR T$E YEAR 19T~0~ ~ #~id.UhiC fZegi0n81 Pktnning GammiSStvn ~~ ~v~ does not at~cede any deed cavenart ~ perdition which in~pooes 8 t restr~c No P~ ~r~~ -Date y By Last T~ans/er' lkr+d P.ernrd YoJwn e 3 x 5 9. Past 7 7 l and a[i t1+e ~stntr, ~i~+ ~ittr dnD ~erttresf o(tAe raid gr+sMtor in and to said prtmixr (~ Ep~xte tcr~ to ~ol~ the soot, With aii th~r priuileFet and appw~otnanca thutwnto btJorvire~, to said ~nier s. theix heirs and assigns forrutr. brad t!K said grantaxs do he-r#~y ~ctwitl stud ~terrsnf that thr brie io ra~nyeyed u t~f:slr, ~rrt sn~ ~etitteum~rrrD. end that they will ~eic~ the ,anu ngairut al[ [at~n! riairrrs a~' aI! prrsortt +ahoneaaur-• ~ 7 115a'rik~r t:ln~r ~ n Y Q-1~o-G r~rt ~,. c~ °' ~ ~~ ~v7 ~r ~'~ ~.r a ~~ M . ` _ 1 LJ~ I ,~~?'~Z i".~845 r~u ~itncse ~hrn'sf, thr ta:d graator$ ~ . Wayne Wood atnd Hi.na Mood, husband a.*~d wife, ~{ , wlto here6Y rrlrmr their rf<!4t and rx~ectaacj o/ dbwrr 6t roid Arm he ve beretwa ur their 1~d ~ , dks 27th ~' °~ Apr::t ~ tl~r yrar A. D. ~e+re+e~ hid and 5ave+t~-nina and a<~a a ~ w: I ayn ~ f ; .~ . na ~t~ttr of ~io, ~atnt~, es. (M itru a?tlt day o/ A 1 A. D. ~9 ~9, btjorr mr, a blotary Pcblic in end fa paid C~x+++ty. prn~nally dame Wayne Woad and Dina good, husband and wife ' --•..., •~.~,.. the cantor 5pi tkr /a+~~'x dead. and f d d . ~ .s• •at~ifnrr•1rdz~~ 1t.r xt,~:rr.~ t,4rnn/ to M . ec wc~tary art anr :~ +''~,..:'1c~~it_~itt~a my officio! sigr+atun a+cd ara! o+~ ch~d~r ~asc a4ut~ mtntiant~d. ' J • ~l ~ ~ r l ~ ~ f . r ~ '~ ~j~, . .y ~i ~, . • ~;: ::,•,,:;k~, ..•~.. ~f'ion jam, 10 ~ t Y ~ .. ~.~; ,r ._~.. ~tatr v~ ~ . nn this day of ur and far said Co~cnty, personally come aiRnowlydged tht telgning therev/ w br ~ih~* my v/fcial aignatun ar. r ~W31ttL, id. A. D. !9 . before me, a the Krontor in !hr fortavirag decd, an+d t+olurrtary act grid decd id .oa[ a: thr day last ad,-t~t ,r~lioned. This irastralmcnt pr~epand by Richard v. Sk~rd } i s t i ~_ ~ ~ ~ r~ ~ ~ °; ~ a~ ~( ~a'c~' ~n ~ ~~ ice' E+ ~i 1 f ,~ (~ y i ~ ~ ~+ E' : I E: I 7 a~~r1~, y ~~a~ar~na, ~. FIDUCIARY DEED ~0"~~~~ Hid, QF{ g302g KNOW ALL MEN BY THESE PRESENTS, that ~eJtJ ¢'I J ~n~g~ y ~d Patricia A. Anglin as Trustees of the Patricia A. Anglin Revocable Living Trust tcd Ocluber 1, 1998, Husbauid and Wife for valuable cpnsideration paid grants with fiduciary covenants to Michael S. Blue, whose tax mailing address is 4477 Avery Road, Dublin, OH 43Q 17, the following REAL PROPERTY situated in the County of Fra,~klin, State of Ohio, and in tht City of Dublin and being more particularly bounded and described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. u~`u~~IUIIIIIIIIIIIIY~~I~I~I 2005012fi00~ 5?10 Parcel Number: 274-Q0048b-40 ~~?~ii ~ ~~ $°~ Address: 6477 Avery Road F°~ i irGi Co~u,ty~R.cordrr Dublin, Ohio 43x17 This conveyance is subject to; I) the lien of any installments of real tstate taxes and assessments, if any not due and payable as of the date hereof, 2) restrictions, easements, conditions and reservations of record, 3) and zoning ordinances Prior Instrument Reference: 1998101902Gtr45l of the Deed Records of f ranklin, County, Ohio. IN WITNESS WHEREOF, R~l~fhllJ A~~lllif~ Patricia A. Anglin as Trustees of the Patricia A. Anglin Revocable Living Trust dated October 1, 1998 have caused their names to be subscribed this 13~ day of January, 2005 Executed before me on ] 3th day of ]anuary, 2005, by ~~b~~`t/DII! Afi~llr~ /I~rls~e~/a~ Patricia A. Anglin, Trustees ~vho under penalty of perjury in violation of section 2921.11 of the Revised Code, represented to me to be said person. ~~1~~~I~~~J~h~~~ ...~.~ Patricia A. Anglin, TrUSt~C STATE OF Ohio COUNTY OF ~~`\~n Before me, a Notary Public in and for said county personally appeared ~q~e~tJ~ J ~~~l~J~ JPatricia A, Anglin as Trustees of the Patricia A. Anglin Revocable Living Trust dated October 1, 1498, the Grantors in the foregoing deed, who executed the foregoing instrument and acknowledged the signing thereof to be their voluntary act and deed. 1N TESTIMONY TI~EREOF, I Dave hereunto subscribed my name and affixed my seal on the day and year last aforesaid. Notary Public / This instrument was prepared by: ]onathan T. Dever, Attorney-At-Law ~A1V5FEAA ~~~ z s ~ J06EPH W. r~5'f~ AUpI;pR . ~ FAMI~ COUNTX G STEYEN C. DYAS c Notary Public In tnd for the State oI Ahio ~,, coaaAalaio~- ~ ~. ~ File # 200412] 4 EXHIBIT "A„ Situated in the State of Ohio, County of Franklin, and Township of Washington: Situated in the State of Ohio, County of Franklin; Township of Washington and being a part of the 5.46 acre tract of land conveyed to William ~. Pethtel and Peggy A. Pethtel by deed of record in Dad Book 2131, page 371, Franklin County Recorders Once, Columbus, Ohio, and being more particularly described as follows: Beginning at a point on the centerline of Avery Road, said point being the southeasterly corner of the Pethtel 5.46 acrc tract: thence N. $1 ° - 30° W, with the southerly line of said Pethtel tract, a distance of 479.73 feet to a point, said point being the southwesterly comer of the Pethtel. Thence N 8° - l 5' 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 48I.025 feet to a point on the centerline of Avery Road. Thence S 8° - 59' - 30" W, with the centerline of Avery Road the easterly line of the Pethtel tract, a distance of 100 feet to the place of beginning and containing 1.10 acres of land, more or less. ~~~~ i;.~ ~ ,,riFiF.D 1 N .274-0000 G- Parce o 800 ~~7~F} .. i ~ "~ aY: ~--~ ~` ~ p ~ E 0~ . DAT •~ . ~~