The URL can be used to link to this page

Home My WebLink About080-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. n~_O-9_?mm Passed nn __ un __19n AN ORDINANCE APPROPRIATING FEE SIMPLE INTEREST, TEMPORARY CONSTRUCTION EASE- 'Ib- . .-.--::- ~ MENTS AND TEMPORARY STORMWATER SEWER ';;'.~:: EASEMENTS IN A 24.386 ACRE TRACT Q . ~. CONVEYED TO OHIO HOLDING COMPANY BY ~ ~ \ DEED OF RECORD IN FRANKLIN COUNTY ;. iJ OFFICIAL RECORD 14447Gll, AND ! 0 DECLARING AN EMERGENCY : ,. I ( j ^.;: WHEREAS, the City of Dublin is preparing to complete the final section . 1,..""'J . . of Muirfield Drive; and, :. ., r I .t ~ WHEREAS, said improvement will require the City's obtaining fee simple r Q ownership, temporary construction easements and temporary stormwater .~ .~ ~ easements and to the premises as described in attached Exhibits OHC-A, = ~~ ~ OHC-B, and OHC-C located in the City of Dublin, Washington Township, ~ el :;; Frankl in County, Ohio; and, c., r. ::I 'P. ci Cl ~ ] .; NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Dublin, e U Ii:: ~ a g State of Ohio, 7 of the elected members concurring that: :c': "'" - 'f: t::: e :g Section 1. Fee simple interest, temporary construction easements, and ~~ temporary stormwater sewer easements in and to the premises located in ~ j; the City of Dublin, Washington Township and more fully described in the ~ ~ legal descriptions attached hereto, as Exhibits OHC-A, OHC-B, and OHC-C, is hereby appropriated for the public purpose of the completion of the fin~l section of Muirfield Drive, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. I~ Section 2. Council hereby affixes the value of the interests appropriated ~ ~ at One Hundred Eighty-Two Thousand Nine Hundred Twenty Dollars ~gl ~ ($182,920.00), which sum shall be deposited with the Franklin County ~61 ~ Common Pleas Court, for the use and benefit of the owners of the property ~~ S appropriated. Upon such deposit, the City of Dublin shall take possession ~ I.~ and enter upon the property pursuant to law. ..c ...C': C> 0 -: z ~ 'g I ~ . 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 ~ _g the property, and that the City intends to obtain immediate possession 00'1 ~ ......... ~ of the property. G> G> 0 t:i ~ Q) = .~ ~ 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 I-l .- ~ ~ ~I-l empaneled to assess the compensation to be paid for the real estate . ~.s~ herein described above. Xl e o>>S ~Q.l ~ E :~~ Section 5. The funds related thereto have been previously appropriated g :;: ~ ~ . within the CAPITAL IMPROVEMENT TAX FUND for the purpose of paying all ~ .~ ~ .: costs incident to such acquisition. ~ .!: "Cl _ ' ~ t:I 0 ~ ~ ~ ~ ~ :~ Section 6. This Ordinance is hereby declared to be an emergency necessary --.- "Cl ~ for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the completion of the Muirfield Drive extension will serve as one of the major components which will alleviate the serious traffic circulation problems experienced by the City. Therefore, this Ordinance shall go into immediate effect. Passed this 4th day of September , 1990. Attest: /J ~ 'Ir~ . c1erk of ~uncil 1 - . EXHIBIT DHL-A OHIO HOLDING COMPANY l-WD-l (PERMANENT RIGHT-OF-WAY) 4.462 ACRE PARCEL Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 2544 and being 4.462 acres of that 24.386 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447Gll, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 4.462 acres being more particularly bounded and described as follows: Beginning for reference at the point in the centerline of Brand Road marking the northeasterly corner of iaid 24.386 acre tract; ,~fb thence leaving said centerline, South 90 50' 08" East, along the easterly line of said tract, a distance of 305.58 feet to a point and being the true place of beginning for the following described tract; . thence South 90 50' 08" East, continuing along said easterly line, a distance of 314.68 feet to a point in the arc of a curve to the right; thence leaving said easterly line, South 380 48' 33" West, along the arc of said curve (Radius = 1530.00 feet, Delta = 00 34' 04"), a chord distance of 15.15 feet to a point of reverse curvature; thence South 260 04' 11" West, along the arc of said curve to the left (Radius = 1800.00 feet, Delta = 260 02' 3611), a chord distance of 811.15 feet to a point in the southerly line of said Ohio Holding Company tract and in the southerly line of Virginia Military Survey No. 2544; thence South 730 32' 1211 West, along said southerly lines, a distance of 172.82 feet to a point in the arc of a curve to the right; thence leaving the southerly line of said Vir~inia Military Survey and said 24.386 acre tract, North 210 44 00" East, along the arc of said curve (Radius = 1950.00 feet, Delta = 30 19' 23"), a chord distance of 1020.01 feet to a point of reverse curvature; thence North 330 24' 5611 East, along the arc of said curve to the left (Radius = 1500.00 feet, Delta = 60 57' 3011), a chord distance of 182.06 feet to the true place of beginning and containing 4.462 acres, more or less. Subject, however, to all legal rights-of-way and/or ease- ments, if any, of previous record. ~ . OHIO HOLDING COMPANY l-WD-l (PERMANENT RIGHT-Of-WAY) 4.462 ACRE PARCEL CONTINUED The bearings in the above description are based upon the southerly line of said 28.386 acre tract as being South 730 32' 12" West. l-T-2 (TEMPORARY CONSTRUCTION EASEMENT) Being a strip of land 20 feet in width, sa;'d strip being parallel to and contiguous with the westerly side of the above described permanent right-of-way parcel and containing 0.567 acres, more or less. l-T-3 (TEMPORARY CONSTRUCTION EASEMENT) . Being a strip of land 20 feet in width, said strip being parallel to and conti~uous with the easterly side of the above described permanent right-of-way parcel and containing 0.374 acres, more or less. - [XHI1311 oHC - B RECEIVED OHIO HOLDING COMPANY JUL 1 3 1990 1-WD-2 (PERMANENT RIGHT-Of-WAY) ENGII'Jt.....llIllJl:I OLJ.LLJING 0.111 ACRE PARCEL DUBLIN, OHIO Situated i n the State of Ohio, County of franklin, City of Dublin, located in Virginia Military Survey No. 2544 and being 0.111 acre of that tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447G11, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 0.111 acre being more partic,ularly bounded and described as follows: Beginning at the point in the centerline of Brand Road marking the northeasterly corner of said 24.386 acre tract; thence leaving said centerline, across said tract, the following courses and distances: . South 90 50' 08" East, along the easterly line of said Ohio Holding Company tract, a distance of 64.11 feet to a point in the arc of a curve to the left; North 610 09' 12" West, along the arc of said curve to the left (Radius = 170.00 feet, Delta = 120 43' 33"), a c h 0 rd distance of 37.68 feet to the point of tangency; North 670 30' 59" West, a distance of 77.05 feet to a po in t; and North 220 29' 01" East, a distance of 50.00 feet to a point in the centerline of Brand Road; thence South 670 30' 59" East along said centerline, a distance of 80.22 feet to the place of beginning and containing 0'. 111 acres, more or less. Subject, however, to all legal rights-of-way and/or ease- ments, if any, of previous record. The bearings in the above description are based upon the centerline of Brand Road as being South 670 30' 59" East. 1-T-4 (TEMPORARY CONSTRUCTION EASEMENT) Being a strip of land, 20 feet in width, said strip being parallel to and contiguous with the southerly side of the above described permanent right-of-way parcel and containing 0.057 acre, more or less. tJ/lC-c. OHIO HOLDING COMPANY 1-T-7 (TEMPORARY STORM SEWER EASEMENT) 0.351 ACRE PARCEL Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 2544 and being a strip of land 60.00 feet in width across a portion of that 24.386 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447G11, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said strip being more particularly bounded and described as follows: Beginning for reference at the point in the centerline of Brand Road marking the northeasterly corner of said 24.386 acre tract; thence, leaving said centerline, South 90 50' 08" East, along the easterly line of said tract, a distance of 939.65 feet to a point and being the true place of beginning for the following described strip; thence South 90 50' 08" East, continuing along the easterly line of said Ohio Holding Company tract, a distance of 78.99 feet to a point in the arc of a curve to the right; thence, leaving said easterly line, northwesterly along the arc of said curve to the right (Radius = 430.00 feet, Delta = 10 23' 16"), a chord bearing and distance of North 590 48' 48" West, 10.42 feet to the point of tangency; thence North 590 07' 10" West, a distance of 269.75 feet to a point in the proposed easterly right-of-way line of Muirfield Drive, said point also being the arc of a curve to the right; thence, northeasterly, along the arc of said curve and along said proposed easterly right-of-way line, (Radius = 1800.00 feet, Delta = 10 54' 36"), a chord bearing and distance of North 300 52' 50" East, 60.00 feet to a point; thence, leaving the proposed easterly right-of-way line of Muirfield Drive, South 590 07' 10" East, a distance of 228.64 feet to the true place of beginning and containing 0.351 acres, more or less. ***************************************