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Home My WebLink About53-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.______$~-Q~____..__ Passed ________19__ .____ AN ORDINANCE TO APPROPRIATE A 0.228 ACRE FEE SIlViPLE INTEREST IN PROPERTY OWNED BY REA REAL ESTATE II, LTD., LOCATED ON THE SOUTH SIDE OF POST ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANIH.IN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve the Post Road, Frantz Road and S . R. 161 intersection; 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 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 concurring that: Section 1. A fee simple interest in and to the premises located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the legal description attached hereto as Exhibit "A" is hereby appropriated for the public purpose of improving the Post Road, Frantz Road and S.R. 161 intersection and, 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 Two Thousand Two Hundred Dollars and No Cents ($2,200.00), which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated. 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 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. The funds related thereto have been previously appropriated within the Capital Improvement Tax Fund 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 improvement of the Post Road, Frantz Road and S.R. 161 intersection is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. day of , 1997. Presiding Officer ATTEST: ---~if~,c~~i~-- I hereby certify thot Copies of this Ordnance~Re~seia#isa ~~ere poste in the City of Dublin in accordance with Sargon T31.2S n~ the !~~ °a Revised Code. Clerk of Council (fir Clerk f Co cal, '~~ .'o EXIIII3IT A - PAKCEI,IWD CITY OI+' DUBLIN, OIIIO REA REAL ESTATE DESCRIPTION OT ADDITIONAL RIGHT-OIL'-WAY TOR POST ROAD Situated in tl~e State of Ohio, County of Franklin, Township of Washington and in the City of Dublin, being in V.M.S. 2542, being part of a 0.504 acre tract conveyed to Rea Real Estate by O.R. 22360 J-05 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning at a spike found at the northeast corner of a said 0.504 acre tract, said spike also being tl~e northwest corner of a 6.394 acre tract conveyed to I-Iost Restaurants, Inc., by O.R. 6367 E-OS of the Franklin County Recorder's Office, said spike being the true point of beginning; Thence along tl~e grantor's easterly property line S 27° 09' 03" W, a distance of 70.00 feet to a point 70.00 feet rigl~[ of centerline of survey station 28+28.86; Thence leaving tl~e grantor's easterly property line N 160 10' Ol" W, a distance of 27.49 feet to a point on the existing right-of--way line of Post Road, said point being 50.00 feet right of centerline of survey station 28+10.00; Thence along the existing right-of--way line of Post Road N 620 50' S7" W, a distance of 176.12 feet to a point on the grantor's westerly property line, said point being 50.00 feet right of centerline of survey station 26+33.88; 'fl~ence along the grantor's westerly property line N 27° 09' U3" E, a distance of 50.00 feet to a point on the centerline of Post Road and the grantor's northerly property line; • Thence along tl~e centerline of Post Road and the grantor's northerly property line S 620 50' S7" E, a distance of 194.98 feet to tt~e true point of beginning and containing 0.228 acres, more or less, from Auditor's Parcel Number 273-002457; including the present right-of-way which occupies 0.224 acres, more or less; leaving a net take of 0.004 acres, more or less. The basis of bearing of N 890 04' 04" E for this project is based on tl~e centerline bearing of US 33/SR 161, as shown on centerline plat for Franklin County FRA-270-7.47 N, on file with the Ohio Deparlrnent of Transportation, District 6. ~M. Grantor claims title by instrument(s) of record in 0.1~. 22360, Page J-O5, Franklin County Recorder's Office. CLYDE E. WILLIAMS & ASSOCIATES, INC. Rel;istered Surveyor No. 6350 ,,,Na ~a ~ ~.~ ~,,,~~~ r`'~, E ~ F y~'' r~ ......., d ,` y . . ~ ' A. Nailer s ~ s+ 5-006IS0 tea.; , ;~ ,- s ~• c~5T~0... ,~ G • ,, ,..•o ~ '• R V E ~ Y ..~ •. 0 0 +- N EXHIBIT a PARCEL 1 WD FRANKLIN COUNTY WASHINGTON TOWNSHIP CITY OF DUBLIN V.M.S. 2542 SCALE: 1 "=40' ~ SURVEY & CONSTRUCTION I \ I ~ "'~ P.O.B. ~~ (spike fnd.) / 28+ ~ o.oo 50.00' Rt. 0 00 - N 7'09'0"W 70.00 ~~\ 2$+28.Sfi 70.00' Rt. N16'10'01 "W -27.49' ~. ~ N . ~- R EA R EAL ESTAT E ~ o.R. 223fio ~-05 ~ rn ~ _, ~ 0.504 ACRES d w PARCEL ~ 273-002457 O ~ r` ~.. ~ i~ `~ Gross Area= 0.228 Acres ~ ~n - - ~° -P.R.O.= 0.224 Acres (n ~°n ~ Net Take= 0.004 Acres ~ ~ n' z 2fi-I-33.B8 `~ 50.0o Rt r~ 0 0 N 27'09'03" 50.00' BASIS OF BEARING: The basis of bearing for this project is based on the centerline bearing of "'`"'S 33/SR 161, as shown on the Centerline ervey Plot for Franklin County FRA-270- 47N, on file with the Ohio Department of ansportation, District 6. All stations and offsets shown hereon are from the centerline of construction as shown on the Centerline Survey Plat for this project. .•`~~ ~ E 0 f ~ ~'•. .. •' o " ~~' y~' * A• Naidar ~ ~, p S•006350 0 ~ ~ s~ ~ ~~• ~; G~'•~STEP' Q- R••. . ••o .,~,~ ~ 'E ' Y ,,,,,~ Abdul-Wadood A. Naider Registered Surveyor No. 6350 Date: August, 1996 ~~ ROADWAY AND TRAFFIC CONTROL IMPROVEMENTS S.R. 161 /U.S.33, FRANTZ ROAD, POST ROAD, C"OIJO E.'~WI150N`BR(~GL'Ir11AU ""~ CORBIN'S MILL DRIVE, AND McrRO I'IACE NORI'I•I walnnNCrwr, aun ~~un~i