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Home My WebLink About54-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.______$~-~~ ______ Passed_______________ ________19________ AN ORDINANCE TO APPROPRIATE A 0.034 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.080 ACRE FEE SIlVIPLE INTEREST IN PROPERTY OWNED BY HOST RESTAURANTS, INC., LOCATED ON THE SOUTH SIDE OF POST ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WI~REAS, 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 temporary construction easement and a fee simple interest in and to the premises described in the attached Exhibits "A" and "B", located in the City of Dublin, Franklin County, Ohio. NOW, THF.RF.1+bRE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, _~ of the elected members concurring that: Section 1. A temporary construction easement and 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 descriptions attached hereto as Exhibits "A" and "B" are 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 Thirteen Thousand Five Hundred Dollars and No Cents ($13,500.00), 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 rovement 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. Passed ~ day of ~~,,~_ ~ , 1997. ~.D~~/~~ Presiding Officer ATTEST: Clerk of Council 1 hereby certify thot copies of tia~s Qrdinance~ City of Dublin in accordance w'±~Z 5Qc«~ 0~"were or 731.25 of the ~tio ~ ~ Clerk f --------- ~ Co cil, D~1 4n, ?S,'r in dtE Code. EXHIBIT A -PARCEL 2WD CITY OF DUI3LIN, OHIO IIOS'I' ItI:S'1'UAItAN'1'S, INC. DESC1ilP'1'ION OF AUDIT'IONAL RIGHT-OF-WAY FOIi POST ROAD Situated in tl~e State of Ohio, County of Franklin, Township of Washington and in tl~e City of Dublin, being in V.M.S. 2542, being part of a 6.394 acre lr<<ct conveyed to I-lost Restuarants, Inc., by O.R. 6367 E-OS of the Franklin County Recorder's Office, and being more particularly described as follows: Deginning ut a spike found ttt the northeast corner of said 6,394 acre tract, said spike also being ll~e northwest corner of a 3.292 acre tract conveyed to Red Roof Inns, Inc., by O.R. 4831 D-07 of tl~e Franklin County Recorder's Office, said spike being tl~e true point of beginning; Thence along the grantor's easterly property line S 270 09' 03" W, a distance of 70.00 feet to a point 70.00 feet right of centerline of survey station 28+78.86; 'I'l~ence leaving the grantor's easterly property line N 620 SO' S7" W, a distance of SU.UO feel to a point on tt~e grantor's westerly property line, said point being 70.00 feet right of centerline of survey station 28+28.86; Thence along tf~e grantor's westerly property line N 27° 09' 03" E, a distance of 70.00 feet to a point on the centerline of Post Road and the grantor's northerly property line; Thence along the centerline of Post Road and the grantor's northerly property line S 62o SO' S7" E, a distance of 50.00 feet to the true point of beginning and containing 0.080 acres, more or less, from Auditor's Parcel Number 273-000794; including tl~e present right-of-way which occupies O.OS7 acres, more or less. The basis of bearing of N 890 04' 04" E for this project is based on the 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 Department of Transportation, District 6. Grantor claims title by instrument(s) of record in O.R. 6367, Page E-OS, Franklin County Recorder's Office. CLYDE E. WILLIAMS & ASSOCIATES, INC. v-~~-~~t~ ~~~-~~ ~ ~'~.~G~ Registered Surveyor No. 6350 ~~.~'' E 0 F •'''•, •,y• • r~ O ~ "' ti •'~~ • ~' • A6dc1•Nzdeod o A. Hider . i'` • ~• i9 S•OOG3r0 ~ + ' • e~ ~ `r•~'•~, I s Y EPA ~ Q. c '•. G ••......•••'~ ~r EXHIBIT ~ PARCEL 2WD FRANKLIN COUNTY WASHINGTON TOWNSHIP CITY OF DUBLIN V.M.S. 2542 SCALE: 1 "=40' 28'-00 2WD N27'09'03"E ---" 70.OOEx. R/w 28+28.86 70.00 Rt. N62'S0'S7"W 50.00' H 0 ST P 0 ST ROAD i i- REST URANTS, S62'S0'S7"E X50 OQ' P.O.B. spike fnd.) 20-f-00 ~ SURVEY & CONSTRUCTION R/W 28+78.86 70.00 Rt. Gross Area= 0.080 Acres - P.R.O.= 0.057 Acres O.R. 6367 E-05 0.080 ACRES PARCEL # 273-000794 Net Take= 0.023 Acres INC. HASIS OF BEARING: The basis of bearing for this project is based on the centerline bearing of US 33/SR 161 ~ as shown on the Centerline Survey Plat for Franklin County FRA-270- 7.47N. on file with the Ohio Department of Transportation District 6. All stations and offsets shown hereon are from the centerline of construction as shown on the Centerline Survey Plat for this project. ~ ti 's j `' ~ . AOdol•Walool ..~ ~ I ~~ A. A~Ider ~ ~ . = h ~ 5-006350 a ;~ ; is~SG'c ~•S•t Ea~~? ;' ~.~ R ~~~ r •.. V E ~,~,... ~~h41N..N~M ~ 1~~~~~0. Abdul-Wadood A. Haider Registered Surveyor No. 6350 Date: August. 1996 ~~ ROADWAY AND TRAFFIC CONTROL IMPROVEMENTS S.R. 161 U.S.33~ FRANTZ ROAD, POST ROAD, a.YOE E. WILLWJS k AsSOCUTES, iNC. COR81N'S ILL DRIVE, AND METRO PLACE NORTH 130 E. VYIl50N BRIOCE ROAD WORi111NCTON, 4110 X3085 `- S2T09'03"W 70.00' EX. R/W I.XIIIIZI'1' 13 - I'AItCiJL 2'1' CITY Ol' UUIILIN, OIIIO IIUS'I' RI:S'1'AUItAN'1'S, INC. 1)I~.SCIZII''1'I(.)N O1' '1'I'sMPOIiARY 1'sASIsM1.N'1' hOli CONS'1'Rl]C'1'ION hUR I'US'1' 1tUAU Situated in the 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 6.394 acre tract conveyed to I-lost Restuarants, Inc., by O.R. 6367 E-OS of the Franklin County Recorder's Office, and being more particularly described as follows: Ilcginning sU a point on tl~c grantor's westerly hropcrty line, said point being 70.00 I'cct right of ccnlcrlinc of survey station 28+28.86; Thence leaving the grantor's westerly property line and along the proposed right-of--way line of Post Road S 620 50' S7" C, a distance of SU.00 feet to :~ point 70.00 feet right of centerline of survey station 28+78.86; Thence leaving the proposed right-of-way line of Post Road and along the grantor's easterly property line S 270 09' 03" W, a distance of 30.00 feet to a point 100.00 feet rigl~l of centerline of survey station 28+78.86; 'fl~ence leaving tl~e grantor's easterly property line N 620 50' S7" W, a distance of 50.00 feet to a point 100.00 feet right of centerline of survey station 28+28.8G; 'I'hcncc along II-c grantor's westerly property line N 270 0')' 03" L, a distance of 30.00 feet to the true point of beginning and containing O.U34 acres, more or less. The basis of bearing for this project is based on the centerline bearing of US 33/SR 16I, as shown on the centerline plat for Franklin County FRA-270-7.47 N, on file with the Uhio llepartxnenl of'1'ransporlation, District 6. Grantor claims title by instrument(s) of record in O.R. 6367, Page E-O5, Franklin County Recorder's Office. CI,YllC L. WILLIAMS & ASSOCIA'!'I;S, INC. ~~'~d~'G Registered Surveyor No. 6350 ,I,I N, I I I N I I I I~„/ ~ /.. ,~ ~ y =. `' ~ ~ itibeur•r~,eooa ; o ~ A. Na1Gar 2 ~` ~ S•006350 ~ ' .~ ., ~ ~. ~ f~: ~s G'•.~STEP.~~ ih R'•...EE..•'' EXH181T 8 TEMPORARY EASEMENT FRANKLIN WASHINGTON CITY OF V.M.S. POST ROAD PARCEL 2T FOR CONSTRUCTION COUNTY TOWNSHIP DUBLIN 2542 SCALE: 1"m40' 28 ~ 00 ~ ~ 29+00 ~ SURVEY & CONSTRUCTION o. EX. R/W EX. R/W S62'S0'57"E R W 2T 50.00' 2$+78.86 28+28.86 70.00 Rt 70.00 Rt. (P.o.e.) r 527'09'03"W N27'09'03"E TEMP. 30.00' 30.00' R~W 0.034 ACRE TEMPORARY CONSTRUCTION EASEMENT 28+28.8 ' ' 28+78.86 100.00 Rt. N62'50~57" 100.00 Rt. 50.00 HOST RESTAURANTS, INC. O.R. 6367 E-05 0.034 ACRES PARCEL # 273-000794 BASIS OF BEARING: The basis of bearing for this project is based on the centerline bearing of US 33/SR 1 fi t . as shown on the Centerline Survey Plat for Franklin County FRA-270- 7.47N~ on file with the Ohio Department of Transportation, District fi. All stations and offsets shown hereon are from the centerline of construction as shown on the Centerline Survey Piat for this project. ~/NIICcI NII111..~~I., ~~~~ .~ L ~ F ~~i ~~ Q ii ~ • ''••' t ~ ~: ' A. Nalder = •• s t .~ •~ GR • ....••• ~ .h V E Y .~ ~~~ Abdul-Wadood A. Haider Registered Surveyor No. 6350 Date: August 1996 ~~ ROADWAY AND TRAFFIC CONTROL IMPROVEMENTS S.R. 161 /U.S.33, FRANTZ ROAD, . POST ROAD, CLYDE E. wILLw.S Ac ASSOCIATES, .~~. COR81N'S MILL DRIVE, AND METRO PLACE NORTH 1 JO E. WILSON BRIDGE ROAD WORtt1111GTON. 01110 ~J09S