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HomeMy WebLinkAbout59-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.-----ra-~,------ Passed------- -- - - -------------- - ---19- ---.. T AN ORDINANCE TO APPROPRIATE A 0.056 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.315 ACRE FEE SIlVIPLE INTEREST IN PROPERTY OWNED BY BOB AND KIDS, INC., LOCATED ON THE NORTH SIDE OF POST ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, 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 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, TIIDREFORE, 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 Eighty-Three Thousand Six Hundred and Fifty Dollars and No Cents ($83,650.00), 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. Passed day of ~ _ , 1997. Mayor -Presiding Officer I hereby certify that cores of this Ordinance/&eseGutien.were posted i the ATTEST: City of Dublin in accordance with Section 731.25 of the Ohio lte~iaed A. ~~~~~ ~ - Clerk of Council ~~-Clerk Co cil, pub ' , Oh~~ EXHIBIT A - PARCEL SWD CITY OF DUBLIN, OHIO ~ ` IIOB AND KIDS, INC. DESCRIPTION OF ADDITIONAL RIGIiT-OF-WAY FOR POST ROAD Situated in the State of Ohio, County of Franklin, Township of Washington and in tt~e City of Dublin, being in V.M.S. 2542, being part of a 2.816 acre tract conveyed to Bob and Kids, Inc. by O.R. 18320 E-Ol of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning a[ ttre southwest corner of said 2.816 acre tract, said corner also being the southeast corner of a 2.551 acre tract conveyed to Fergus Properties, Inc., by O.R. 18320 D-17 of the Franklin County Recorder's Office, said point being the true point of beginning; .- .~ .•...y..dr... .:' Thence along the grantor's weSterly~property line N 210 I S' 03" E, a distance of 46.00 feet to a point~46.00 feet left of centerline of survey station 37+34.52; Thence leaving tl~e grantor's westerly property line and across the grantor's property S 680 44' S7" E, a distance of 260.68 feet to a point 65.54 feet left of centerline of survey station 39+74.32; Thence northeasterly 61.34 feet along the arc of a curve deflecting to the left and (raving a radius of 44.00 feet and a chord wlrictr bears N 180 52' 44" E, a distance of 56.49. feet to a point 115.65 feet left of centerline of survey station 39+93.53; Thence N 310 22' 20" E, a distance of 26.15 feet to a point on the grantor's easterly property line, said point being 141.02 feet left of centerline of survey station 39+89.33; Thence along the grantor's easterly property line S 15° 42' S9" W, a dist~rnce of 30.74 feet to a point 114.50 feet left of centerline of survey station 39+99.63; Thence continuing along the grantor's easterly property line southwesterly 41.68 feet along the arc of a curve deflecting to the right having a radius of 25.00 feet and a chord which bears S 630 29' O1" W, a distance of 37.02 feet to a point 79.11 feet left of centerline of survey station 39+91.80; Thence continuing along the grantor's easterly property line S 210 15' 03" W, a distance of 50.00 feet to a point on the grantor's southerly property line and the centerline extended of Post Road, said point being 34.27 feet left of centerline of survey station 40+09.90; Thence along the grantor's southerly property line and the centerline extended of w,,,,, Post Road N 680 44' S7" W, a distance of 286.67 feet to the true point of beginning and containing 0.315 acres, more or less, from Auditor's Parcel Number 273-000321; including the present right-of--way wlricl~ occupies 0.197 acres, rnore or less. The basis of bearing of N 89° 04' 04" E for this project is based can the centerline beazing 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. 18320, Page E-O1, Franklin County Recorder's Office. . CLY E E.. WILLI S ~c AS C TES~{INC. • .. • „ . • ; Registered Surveyor No. 5350 ,~• E , ~-. . ~ ~ ,' y s.'; „, A. Naider se i ~i~ 5~0~6359 0 ;~ r . ,,, ~ .. ~ ,,, ~: : ~~ i ... .. r -. EXHIBIT ?-~ PARCEL 5WD FRANKLIN COUNTY WASHINGTON TOWNSHIP CITY OF DUBLIN V.M.S. 2542 BOB & KIDS, INC. O.R. 18320 E-O1 2.818 ACRES PARCEL ~ 273-000321 .,, Gross Area 0.315 Acres -P.R.O. 0.x,97 Acres Net Take 0.118 Acres 37 1' 15'03`E 48.00' 79. I la I ``' SCALE: 1 "=60' 141.02' Lt. N31'22'20'E -28.15' S15'42'59"W ----30.74' ~wu S88'44'S7"E 280.68' `~ 114.50' Lt. N 88'44'SL~ 288.87' N21' 15'03"E 50.00' P.O.B. POST ROAD ~ ~ ~ 40+09.90 34.27 t SURVEY do CONSTRUCTION C CURVE DATA CURVE RADIUS t.ENQTN CFIORD 9 A 44.110' x1.34' ae.49' N 71'1x'42" E B 26.00' 41.48' 37.02' N x3'29'01' E C 260.00' 321.90' 300.12' N 31'81'44" W BASIS 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 Tronsportotion~ District 6. Ail stations and offsets shown hereon are from the centerline of construction as shown on the Centerline Survey Plat for this project. ~N~uan..aa. ~~,,, \ ~ 0 ~ y''•~i ,. ,•N....~ 0 • ,~~ •• '•• . ti _y~ i.t i Abdul•1~adool , •; o _ A. Naider t s *4 ~ ~ 5-000350 0 , ,.. • ,~ ~~~rrll '`~~ad~7~ ~~ ~ 1 Abdul-Wadood A. Haider Registered Surveyor No. fi350 Dote: August 1996 ~~ ROADWAY AND TRAFFIC CONTROL IMPROVEMENTS S.R. 161 /U.S.33, FRANTZ ROAD, POST ROAD CLYDE E. WILlUWS Ac ASSOCIATES, INC. CORBIN'S MILL DRIVE, AND METRO PLACE NORTH 130 E. WILSON BRIDGE ROAD WOR11p11G10N, 011!0 X3085 I;XIIII3I't' _B- I'AItCI+,L 5'I' CI'T'Y OF I)UIZI,IN, OIIIO 13UI3 AND KIDS, INC. UI;SCRII''1'ION 01' 7'I.MPUItA[:Y LASTMLN'1' FOR CONS'I'RUCI'ION I~OIt 1'OS1' 1tOAll .. ., Sitriated in'lhe State of Ohio, Counfy~of Franklin, Township of Washington and in "'""' the City of Dublin, being in V.M.S. 2542, being pact of a 2.816 acre tract conveyed to 13ob :nrd Kids, loc., by O.R. 18320 E-Ul of the Franklin County Recorder's Office, and,being more particularly described rrs follows: .. ., Beginning at a point on the grantor's.westerly property line, said point being 46.00 feet left of cerrterlirre of survey station 37+34.52; Thence continuing along the grantor's westerly properly tine N 210 IS' 03" E, a distance of 15.00 feet to a point 61.00 feet left of centerline of survey station 37+34.52; ~, ,, '; _ Thence leaving lire grantor's westerly property line S 680 44' S7" E, :r distance of 65.48 feet to a point 61.00 feet left of centerline of survey station 38+00.00; 'Thence S 210 15',03" W, a distance of 10.00 feet to a point 51.00 feet left of centerline of survey st:ltion 38+00.00; 1'hcnce S 680 44';57",E, a distance of 195.20 feet to a point 70.24 feet left of ccntcrlinc of survey station 39+72.97; Thence northeasterly 54:37. feet along the arc of a curve deflecting to the left having a radius of 39.00 Ceet and a chord which bears N 710 18' 42" E, r a dislance of .50.07 feet to a point 114.43 feet left of centerline of survey station 39-t•90.21; Tlrencc N 310 22' 20" E, a distance of 43.99 feet to a point 157.29 feet left of centerline of survey station 39+83.77; Thence along the grantor's easterly property line and the westerly existing right-uf-way line of Frantz Road S 150 42' S9" W, a dislance of 18.53 feet Io a point 141.02 feet left of centerline of survey station 39+89.33; Thence leaving the grantor's easterly property line and the westerly existing right-of--way line of Frantz Road and along the proposed right-of- way line of Frantz Road S 310 22' 20" W, a distance of 26.15 feet to a point 115.65 feet left of centerline of survey station 39+93.53; Thence continuing along the proposed right-of-way line of Frantz Road southwesterly 61.34 feet along the arc of a curve deflecting to the right having a radius of 44.00 feet and a chord which bears S 710 I8' 42" W, a dist:urce of 56.49 feet to a point 65.54 feet left of centerline of survey station 39+74.32; •c.• It ,ti; ±1~ :r~ ; ~'.`~ 'S1•'f `:~f ,S E" I ~ ~1 1 ._Ri l t ij `-~ t Ll .•~! . i ..i '~ ~ ~ ifpt ',%• ''t ~' ~ _ 'thence leaving the proposed right-of--way line of Frantz Road and along tl~e proposed right-of--way line of Post Road N 680 44' S7" W, a distance """", of 260.68 feet to the true point of beginning and containing 0.056 acres, The basis of bearing for this project is based on tl~e centerline bearing of US 33/SR 161, as shown~on tl~e centerline plat for' Franklin County FRA-270-7.47 N, on file with tl~e Ohio Department of Transportation, District 6. Grantor claims title by instrument(s) of record In O.R. 18320, Psige E-O1, hranklin County Recorder's Office. CLYDE E. WILLIAMS & ASSOCIATES, INC. Registered Surveyor No. 6350 . , .. A. N~i~er ' ,~ o ~, . ~d•ti~StEQ:•'~P ....• 0 ~~ .. .~ <. EXHIBIT B PARCEL 5T TEMPORARY .EASEMENT FOR CONSTRUCTION FRANKLIN COUNTY WASHINGTON TOWNSHIP CITY OF DUBLIN V.M.S. 2542 . BOB do KIDS. INC. O.R. 18320 E-01 2.818 ACRES PARCEL ~ 273-000321 81.00' Lt. S21' 15'Q3"W / 15.00 +34.52 CURVE RADIUS LENGTH CHORD A 44.00' 01.34' 68.49' N 71'18'42' E 8 39.00' 54.37' 60.07' N 71'18'4?" F. -.. C 250.00' 321.90' 300.12' N 31'61'44' W . (P.0.8.) 81.00' Lt. 114.43 Lt. S21' 15'OT3"W 39+72.97 .., 10.00: 70.24 Lt. 4'S7"E 38+00.00 TEMP. R/W ~• 51.00 Lt. S88'44'S7"E 195.20' ~. .. N31.22'20'E 43.99; SCALE: 1"=60' 3 a N 15'42'S9"E ~ 18.53' ~ 39+83.77 I 157.29 Lt. 141.02' Lt. N31'22'20"E - 28.15' S68'44'5'~"E 280.8Q' '- . -f--- EX. r~i/W 39+74.32 5T ~ 85.54 Lt. 38100 3 ~ 0.056 ACRE TEMPORARY POST ROAD ~ ~ CONSTRUCTION EASEMEN SURVEY dt CONSTRUC?lON C CURVE DATA BASIS 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. ~~ CLYDE E. WILWMS !~ ASSOCIAICS, INC. 1 JO E. WILSON BRIDGE ROAD WORtI111N;f01J, OINO 4JOB8 O r , ,~, '~,1 '•. ..' `' ~• • Abdul-IT~dool • •; o A: Nailer " :~, s-oosasa moo; . ~. ~ •.....•••'o .ti~,,I ,~ • V E y ••~•; Abdul-Wadood A. Haider Registered Surveyor No. 6350 Date: August, 1996 ROADWAY AND TRAFFIC CONTROL IMPROVEMENTS S.R. 1 f 1 U.S.33~r FRANTZ ROAD.. POST ROAD, CORBIN'S ILL DRIVE; ~~AND METRO PLACE NORTH ~ .