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Home My WebLink About24-96 Ordinance ~_._-.. " ". " . RECORD OF ORDINANCES , Dayton Legal Blank Co. Form No. 30043 24-96 Passed_n____ .____m____n____n______ mHn_____ 19______ Ordinance NO.mn________n____ AN ORDINANCE '1'0 APPROPRIATE A TEMPORARY CONSTRUCTION EASEMENT AND A GENERAL UTILITY EASEMENT IN A 1.000 ACRE '!'RACT 01fHED BY LAWRENCE CLEMENTE AND SUSAN CLEMENTE, LOCATED ....... ON THE SOUTH SIDE OF BRAND ROAD AND WEST SIDE OF ASHBAUGH ROAD, IN THE CITY OF DUBLIN, COUN'l'Y OF FRANKLIN, STATE OF OHIO, AND ........ DECLARING AN EMERGENCY WHEREAS, the city of Dublin has required the developer of Bristol Commons to install a left turn staCking lane on Brand Road as a condition of zoning. WHEREAS, said improvement will require the city of Dublin to obtain a temporary construction easement and a general utility easement in and to the premises described in the attached Exhibits "A", "B" and "C", located in the city of Dublin, County of Franklin, state of Ohio. NOW, THEREFORE, BE IT ORDAI~D 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 general utility easement in and to the premises located in the city of Dublin, County of Franklin, State of Ohio, and more fully described in the legal description attached hereto as Exhibits "A", "B" and "C", is hereby appropriated for the public purpose of improving Brand Road, pursuant to Ohio Revised Code .''''''"'''l\ Chapter 163 and the Constitution of the State of Ohio. Section 2. council hereby fixes the value of the interest .......,,,., appropriated at Two Thousand and Nine Hundred and Five dollars ($2,905.00), 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. 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 construction of a left turn stacking lane on Brand Road is necessary due to recent """""'" residential development adjacent to Brand Road. Therefore, this ordinance shall go into immediate effect. ....... , 1996. \ I 'f cerffy thot copies of this Ordjnanw\td~lat'oft ~~re po.sted'ri t, bit'" Dublin in accordance wit" Section 731.25 of the 0,110 ReVised Cad'I ATTEST: ~ ~,., (lJ-:~ ~ {j :h ~ '!J.rli .f Co.oo" D.bl,", DIll. Clerk of Counci ""'h,'''i''''''''~'~.,.",.>j.;",,,,,,,.....%~~;'_~~'''i"'.'''''-''''~'''~ .~. '" ,-,.,'{.~,.:.r:__~"',",.I#.",,~~.......,,*'"'''.. ".n""_c ----- SENT 6Y:Xerox Telecopier 7020 ; 2- 8-96 ; 3:11PM; 123456789.. 6147616590;# 3 . , ElIHI8lT A TEMPO Y RIGHT TO WORK EASEMENT EST OF ASHBAUGH ROAD SOUTH OF BRAND ROAD ITY OF DUBLIN, OHIO Situated In the tate of Ohio, County of Fr~nklin, City of Oub~1n, Virginia Hi1it ry Survey No. 2544, beIng a temporary right to work ~a&ement locat d in that 1.000 acre tract as deBcr1b~d 1n a ~eed to Lawrence C emenl:e and Susan Clemente, of record 1n Off cia1 Record Volum 26995 D16, Recorder's Office, Franklin cou~ty, Ohi 0, said te orary r 19ht to work easement be Ing more par icularly described .s follows: - ~ ",'nn'n. .t . p. nt ln t.. ...t.xly lln. .f ..,, 1.000 ..., tra t, at the southwes erly corner of a proposed qeneral utility eas ment, beinq locate South 20 44' 30" Kast, 41.15 teet from the "'!'OW nor hwesterly Corner 0 .ald 1.000 acrs tract, . i T'.n., South 77. .' 51. ...t, .l.n. t.. .out...ly lln. of Bai general uti11ty ea emsnt, a distance of 155.29 feet to a poInt In he e.sterly lIne 0 saId 1.000 acre tract; I Thence South 20 44' 30" East, along the easterly lIne of said 1.0 o .cre tract, a dl tance of 10.37 ~eet to .. poInt, Thence North 770 18' 51" West, along a line 10.00 het sou herly of and para! el to the southerly 11ne of said propoeed gen rel utility e..eme t, 8 dist.nce of 155.29 feet to a point in the westerly 11he of s Id 1.000 ac~e tract; Thence North 20 ~~, 30" West, along the w.sterly line of 5.id 1. 0 0 acre tract, IS lst.nee of 10.37 feet to the place of beg nnln9 and containi an ar.a of 1,552 square feet, The bearing refer nee for this descr Iption 18 the Aame .. del neated in a deed t Lawrence Clemente and SUAan Clemente, of "cr' ln offlotol '0 0" Volume 26995 016, Recorder's OffIce, Fr. kIln county, Ohio. HOCKADEN AND ASSOCIATES, INC. ,... ~t~"iL Izo/f/, John L. Prlce Re91st.red Surveyor No. 7159 ...... 082 92.2 revi ed 0129 6.1 I - -... -_.-----,^-, I -"----.--- SENT BY:Xerox Teleeopier 7020 : 2- 8-96 ; 3:12PM: 123456789~ 6147616590:# 4 . . DIDBlT B DESCRIPTIO OF A GENERAL UTILITY EASEMENT ST OF ASHBAUOH ROAD SOUTH 01" BRAND ROAD CITY OF DUBLIN, OHIO Situated in the tate of Ohio, County of Franklin, City of Dublin, Virginia Mllit ry Survey No. 2544, being a general utility - ea~ement 1ocate~ 1n th t 1.000 acte tract a. described in a deed to Lalia.c. Cla...t. a.d u.a. Cl....t., .f r.cord ,. Offlc'al ..cord Vo ume 26995 016, Rec rder'. Office, Franklin County, Ohio, saId ~ ge era1 ut1l1ty ease nt beIng more partIcularly described as fo lows l I I J Beginning at - poInt in the westerly line of ..id 1.000 acre b: ct, in the .outher y riqht-of-way Une of Brand Road, beIng 10 ated South 20 .e..' 0" East, 30.86 f..t from the northwesterly co ner of ..id 1.000 a re tractl Thence South 79. 9 I 30" Ea.t, along .aid right-of-way line, ng 30.00 feet south r1y of and parallel to the northerly 11ne of d 1. 000 acre tr ac , the centerline of said Brand Road, a tane. of 154.00 fe t to a point in the .a.t.rly line of ..id 00 licxe tract; Thence South 2. .. I 30" East, along the easterly line of said 00 acre tract, a lstance of 15.43 feet to a poInt, being ated 45.00 feet . utherly of and at right an91es to th!!J terlin. of said Bra d Roadl Thence North 77. 8' 51" West, crossing said 1.000 acre tract, a lstance of 155.29 f et to a point In the westerly line of said 1. 00 acre tract, b!!Ji 9 located 40.00 f.et .outherly of and at Xl ht angles to the ce terline of said Brand Road1 Thence North 2- 4 I 30" west, along the weet!!Jrly line of said 00 aer. tract, .. distance of 10.29 feet to the place of inning and contalni 9 an area of 1,925 square f!!Jet; The beating refe ence for this description Is the !lame as ineat!!Jd in a deed o Lawrence Clemente and Susan Clemente, of .-.. ord in Official R 'cord Volume 26995 D16, Recorder'. Office, r nklin County, Ohio. HOCKADKH AND ASSOCIATES, INC. .... Consulting Engineers {L-;; I z~ ~fI 08 "92.2 1:0 hed 01 996.2 - - ^ J . 2 8 96 . 3'12PII . 123456789~ 6147616590:# 5 · SENT BY:Xerox Teleeopier 7020, - - ,. , ;- . " 'HQCKADE AND ASSOCIATES I INC. NSULTING ENGINEERS 883 N. CASSADY AVENUE COlUMBUS, OHIO 43219 (614) 252-0993 XHIBlr c SITUATED IN THE 5TATE r: OHIO COUNTY OF' FRRNKLllt .CoITY OF DU8l1N. V\P.CrINIA Mn..ITAR'f '5URVEV Nil. 25~4t8EJN{' A G-E.NERAL UTILITY ERSl:.MENT AND TEMPORARY F\lG-HT TO ORK EAS MENT LOCATED IN THAT 1.1I00 ACRE TRACT; R~ 1)E.~C.RIBEt> IN 1>EED i() LR~R'E.HCE CLE.MENTE AKO SU5flN CLEW\E.N.T~ar RECORD I~ FFIC.IAL RECORD VOLUN\~ 2"'''~S U It... RE(OROE:K-~ OF'F"ICE. FRA KLlN COUNTY ~DUI{). . ~ :~ ~G~ - ~~i ~ _ BF\ ND ROf\D _ ~. ~ TIe 0., 30" E. 1 '5".00' 101.1' . ~r.NER"L UTILITY W:As.e:"U:NT . ---.J:! ? · ~5~ .:::... -=-, ~Z!...-- 10.17' TItM 6""IH 'U6HT 111 WOltll a...~':;;:'';- - -.tn. a.si7W- - ifl.i;t - __ , a' f:llSf.Mt tfr 1 Ht ""10 DEll. "lE 1I PI!lIfE c.ll. V.B. 3Ug l"6. SSS LA.WRE.~~ E CLEMENTE ANO 5US~N CLEMENTE. I.noo AtRE O.P.. V. 21. "')!5 0 Ita ""... I I iIIIIIIIIw HOCKADEN AND ASSOCIATES. INC. p. 7." CONSULT'N~OlNEERS 0IIlIQ IIUMIOls Id-. r:J ...... iiro.~ii~iiVEYiiI1~ - .....