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HomeMy WebLinkAbout065-92 Ordinance -~-~-~-~_.. -- f . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. mmu6S.~92..n Passedmm.19--n--p AN ORDINANCE TO APPROPRIATE A FEE SIXPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 21,780 SQUARE FOOT PARCEL OWNED BY STAR BANK, LOCATED AT 56 WEST BRIDGE ~ STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, , AND DECLARING AN EMERGENCY '-- WHEREAS, the City of Dublin is preparing to improve SR 161/Bridge street; and, WHEREAS, said improvement will require the city of Dublin obtain- ing 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, state of Ohio. NOW, THEREFORE, BE IT ORDAINE~ by the Council of the City of Dublin, state of Ohio, 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, State of 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 SR 161/Bridge Street, 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 Three Thousand Two Hundred Eighty-Five and NO/100 ~ Dollars ($3,285.00), which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the __ owners of the property appropriated. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owners of the property, and that the City intends to obtain immediate possession of the property. Section 4. The City Law Director is directed to file a petition for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. The funds related thereto have been previously appropriated within the STATE ROUTE 161 IMPROVEMENT FUND for the urpose of paying all costs incident to such acquisition. Section 6. This ordinance is hereby declared to be an emergency ecessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the rompt improvement of SR 161/Bridge Street is necessary due to the ondition of an increased traffic flow on SR 161/Bridge Street. ~ here fore , this ordinance shall go into immediate effect. ...... this / ;~ day of ~ ' 1992. ? r ~ ~ Off icer I hereby certify that copies of t!,!s Ord:nance/Re~olul;l)n were posted in the City of Dublin in accordance wjth Section 731.25 of the Otlio Revised Code. ~a~ Clerk of Council, Dublin, Ohio ~ (!. ~ lerk of Council -,,--r.c I~ .1i'i..ll(.II.:..l!il.n_.r.......;, )~,~.,.."".-li~"",*""'-"', ----..-..~---_...~- ~-~------- ..~ ~L~H '. , '. ~t~~~~.;'"- " -....... . EXHIBIT "A" 9 TEMPORARY RIGHT TO WORK GRANT The Ohio State Bank: of the City of Dublin, County of Franklin, State of Ohio, as Grantors. for the sum of one dollar ($ 1.00) the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the City of Dublin, Ohio their respective employees. agents and contractors, as Grantees, the right and easement to enter upon property owned by Grantors which is located at 56 West Bridge Street, Dublin, Ohio and described in Deed Book 3074, Page 300, and Deed Book 3082, Page 613, Recorder's Office, Franklin County, Ohio, to construct and install on said property the improvements to said West Bridge Street, including but not limited to regrading for the construction necessary to complete the improvements as shown on the approved plan STREET AND STORM IMPROVEMENT for BRIDGE STREET (S.R. 161). on file in the Division of Engineering, City of Dublin, Ohio and being a Ten (10) foot strip located adjacent to and north of the northerly right-of-way 1ino of West Bridge Street, extonding from centerline ". . ,~ . l5" station 5+71 +/- to station 6+71 +/-, as do1inollted on said streot improvemont plans and as shown on the attached exhibit, The City of Dublin shall indemnify, defend and hold harmless said Grantors form and against any and all suits or claims by third parties for personal injury as a result of work by the City of Dublin, as described in this grant. (a) This indemnity does not cover any injuries or damages occurring after the completion of construction of the improvements by the City of Dublin or its agents or employees. (b) This indomnity does not cover any injuries or dllmages arising out of the actions or inactions of owners or the actions or inactions of persons other than the City of Dublin or its agents or employees. I I The rights grllnted herein will expi~e one hundr~d eighty (180) days from the date of completion of the aforesaid improvements to said Bridge Street (S.R. 161). I , I 0 IN WITNESS WflEREOF, the Grantors have executed this Temp,orary Right To Work Grant on this. day of ,I 1991. . I I Signed in the presence of: I Witness: Gran tors: : r . ! I STATE OF OHIO : SS BE IT REMEMBERED, that on this day of , 1991, before me, a notary public in and for said S ta te. persona 11 y appeared the Grantors in the foregoing Temporary Right To Work Grant, and acknowledged the signing of the same to their free and voluntary act and deed for the purposes and uses therein described. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seas on the day and year last aforesaid. Notary Public 100191.1 I . " _._~ -> .. - EXHIBIT "B" Revised October 30, 1991 Revised February 18, 1991 Revised October 19, 1990 ;:"i,.Iii!\l~"'" Description of a Walkway and utility Ensenent West of High street, North of Br1dge street Dublin, Ohio I I Situated in the State of Ohio, County of Franklin, City of Dublin, being a six (6) foot wide walkway and utllity easement out of that tract of land as conveyed to the Ohio state Bank,' of reoord in Deed Book 3074, Page 300, Recorder's Office;' Franklin Cowlty, Ohio, said six (~) foot wide walkway and utility easenent being more particularly descr~bed as follows: I I Beginning at the southeast comer of sai~ tracli; I Thence westerly, along the southerly line of said tract, the northerly right-of-way of Bridge street (66'), a disl:ance of 100 feet to the southwest comer of said tract; i . i i Thence Northerly, along the westerly line of s~d tract, the northerly 6.00 feet to a point; Thence Easterly, parallel with and 6.00 feet northerly from (as measured at right angles) the southerly line of said tract, a disl:ance of 100 feet to a point in the easterly line of said tract; , Thence Southerly, along the easterly line of said tract, a distance of 6.00 feet. to 'Ute Point of Beginning, containing 600 square feet of land more or less. Purpose: For the purpose of constructing, using, and maintaining a walkway, street lighting and appurtenant works in said strip, including the right to repair and care for said walkway and street lighting, and access to said strip for said purpose. 'l1te above described purposed easement strip overlaps part of an existing easement. It is not the intent of said proposed easenent to limit the use of the existing easenent in any manneI:'. I , I I I I ; i .