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Home My WebLink About73-95 Ordinance ~'-'"-',,,_~ - ,L ~ " RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No..__7.3....95...___. Passed.--.--- .__. __._________________.._...__.___..1 9__..__ AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 18.662 ACRE TRACT OWNED BY KENNETH V. AND NANCY HENCEROTH- GATTO, LOCATED ON THE EAST SIDE OF STATE ROUTE 257 .."..... IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING i AN EMERGENCY ~ ..... WHEREAS, the city of Dublin is preparing to improve state Route 257; and, WHEREAS, said improvement will require the city of Dublin to obtain a fee simple interest and a temporary construction easement in and to the premises described in the attached Exhibits "A" and "B", 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, L~ of the elected members concurring that: section 1. A fee simple interest and a temporary construction easement in and to the premises located in the city of Dublin, Franklin County, Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A" and "B", is hereby appropriated for the public purpose of improving state Route 257, 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 Eleven Thousand Two Hundred and Forty-Five Dollars ($11,245.00), 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 owners of the property, 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 STATE ROUTE 257 IMPROVEMENT 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 state Route 257 is - necessary due to the condition of an increased traffic flow on state Route 257. Therefore, this ordinance shall go into immediate effect. ....... Passed this 7~h day of O~ , 1995. Mayor Officer I hereby ~e'ff th . . ... I Y at copIes of this Ordi ATTEST: CIty of Dublin in accordance with Seef n~ce/Resollfti8R-Were posted n th ~.A . Ion 31.25 of Ihe Ohio Revised d ~ ~ ~a_(l~ Clerk of councMui: ~o~<-L Clerk of council ...,._.,..__""""'.-'~"'e;'...._....~~--""'....--t'''''.'''. ~~~~,,'~~~' j T .kiii. '~~------ . ' ... EXHIBIT A PARCEL 2WD Situate in the State of Ohio, County of Franklin, Township of Perry and in the City of Dublin, being in Quarter Township 2, Township 2, Range 19, United States Military Laneb, being part of the 18.662 acre tract conveyed to Kenneth V. Gatto and Nancy Henceroth-Gatto by deed of record in O.R. 4558 A04 Franklin County Recorder's Office; lying on the right side of the centerline of Construction for S.R. 257 made in 1994 for the City of Dublin for the improvement of the Hard Road intersection and being more particularly descnbed as follows: . Beginning for reference at a railroad spike set at the southwest comer oCa 14.93 acre tract of record in O.R. 6572C15 Franklin County Recorder's Office and being at a point of tangent centerline intersection of the centerline survey, dated 1939, of State Route 257 at Centerline Station 70+03.5 as delineated upon the State of Ohio Right-of-Way Plans S.H. 558, Section A, said point being further located as being 1.38 feet left of said Centerline Construction (1994) Station 70+03.87; ....... Thence S 8'? 19' 41 K E a distance of 1.38 feet along the southerly line of said 14.93 acre tract to a point - in said centerline of construction at the northwesterly comer of the Grantor's property and the TRUE PLACE OF BEGINNING: said point being further located as being at Centerline Construction (1994) Station 70+03.72; Thence S 89" 19' 41 K E a distance of65.21 feet (passing a point in the existing easterly right-of-way line of S.R. 257 at a distance of 40.95 feet) along the north line of the Grantor and the south line of the aforementioned 14.93 acre tract to a point; Thence leaving the line of the Grantor along the line for this parcel the following four (4) courses: 1. S 09049' 59" E a distance of 145.05 feet to a point; 2. S 03058' 02K W a distance of61.70 feet to a point; 3. S 14003' 20" W a distance of71.81 feet to a point; 4. S 02049' 01 K W a distance of 118.78 feet to a point in the south line of the Grantor and being the . . north line of27.778 acre tract as conveyed to Deborah 1. McCullough of record in O.R. 04216G14 Franklin County Recorder's Office, said point being further located as being 62.61 feet right of said Centerline of Construction at Station 66+ 11.27; Thence N 89" 19' 54" W a distance of62.61 feet (passing a point in the existing easterly right-of-way line of S.R. 257 at a distance of 21.98 feet) along the south line of the Grantor and the North line of the aforementioned McCullough to a point in said Centerline of Construction, at the Grantor's southwesterly comer; Thence NOlo 10' 50" E a distance of 250.91 feet along the westerly line of the Grantor, and said - Centerline of Construction of S.R. 257 to a point of curvature; Thence along the west line of the Grantor and said Centerline of Construction of S.R. 257 and along the ..... line ofa circular curve to the left the radius of which is 1273.24, the delta of which is 060 23' 4r and the chord of which bears N 02001' 02" W a distance of 142.04 feet to the TRUE PLACE OF BEGINNING, containing 0.654 acres, more or less, including the present road which occupies 0.367 acres more or less. ,<> The Grantor claims title by instrument of record in O.R. 04558A04 Franklin County Recorder's Office. Grantor, for himself and his heirs, executors, administrators and assigns, reserves the right ofingress and egress to the residual area. The bearings of the herein-described tract were based upon the grid bearing ofN 210 59' 12K E from the Ohio Coordinate System, South Zone, as determined by field measurements between Franklin County Engineer's Monuments Station FRANK 189, and Station FRANK 89. Auditor's Parcel Number 215-776. R. D. ZANDE & ASSOCIATES, INC. ,A~6~ Registered Surveyor No. 7191 ~ ~ - lit i!lt...~ 1 . . " , EXHmrr B PARCEL 1T TEMPORARY EASEMENT FOR REMOVAL OF A BUILDING RUIN AND TO BUILD A STONE WALL Situate in the State of Ohio, County of Franklin, Township of Perry and in the City of Dublin, being in Quarter Township 2, Township 2, Range 19, United States Military Lands, being strip of land on, over and across the 18.662 aae tract conveyed to Kenneth V. Gatto and Nancy Henceroth- Gatto by deed of record in O.R 4558 A04 Franklin County Recorder's Office; lying on the right side of the centerline of Construction for S.R. 257 made in 1994 for the City of Dublin for the improvement of the Hard Road intersection and being more particularly descn"bed as follows: Beginning for reference at a railroad spike set at the southwest comer of a 14.93 acre tract of - record in O.R 6572 C 1 5 Franklin County Recorder's Office and being at a point of tang!=J1t centerline intersection of the centerline survey, dated 1939, of State Route 257 at Centerline Station 70+03.5 as delinea~ed upon the State of Ohio Right-of-Way Plans S.H. 558, Section A, said point being - further located as being 1.38 feet left of said centerline construction (1994) station 70+03.87; Thence S 89" 19' 41" E a distance of 66.59 feet (passing a point in the said Centerline of Construction, at the northwesterly comer of the Grantor's property at a distance of 1.38 feet) along the north line of the Grantor and the south line of the 14.93 acre tract to a point 64.89 feet right of and radial to Centerline Survey Station 69+97.36 and the TRUE PLACE OF BEGlNNING; Thence 5 890 19' 41" E a distance of 23 ,42 feet along the north line of the Grantor and the south line of the 14.93 acre tract to a point; Thence along the line for this parcel the following six (6) courses: 1. S 09" 49' 21" E a distance ofl43.56 feet to a point; 2. 504025' 28" W a distance of 114.55 feet to a point; 3. 5 86030' 12" E a distance of 43.46 feet to a point; 4. 5 03046' 56" W a distance of70.00 feet to a point; 5. N 860 30' 12" W a distance of 44.97 feet to a point; 6. 505006' II" W a distance of67.68 feet to a point in the south line of the Grantor being the north line of a 27.778 acre tract as conveyed to Deborah 1. McCullough of record in O.R. 04216 G14 Franklin County Recorder's Office; ."".,.,..~ Thence N 890 19' 54" W a distance of29.70 feet along the south line of the Grantor and the north line of McCullough to a point in the proposed easterly line ofS.R. 257; - Thence along the proposed easterly line ofS.R. 257 the following four (4) courses: 1. N 020 49' 01" E a distance of 118.78 feet to a point; 2. N 14003' 20" E a distance of71.81 feet to a point; 3. N 030 58' 02' E a distance of61.70 feet to a point; - ,~~--'" . r'lf r 'T .-r 4. N 09" 49' 59" W a distance of 145.05 feet to the TRUE PLACE OF BEGINNING containing 0.313 acres, more or less of which the present road occupies 0.00 acres, more or less; The Grantor claims title by instrument of record in O.R. 04558 A04 Franklin County Recorder's Office. The bearings ofthe herein-described tract were based upon the grid bearing ofN 21- 59' 12" E from the Ohio Coordinate System, South Zone, as determined by field measurements between Franldin County Engineer's Monuments Station FRANK 189, and Station FRANK 89. R. D. ZANDE & ASSOCIATES, INC. "... ~-6~' - Registered Surveyor No. 7191 - ... _.-