HomeMy WebLinkAbout066-92 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance N 0 'um__uu6u6u~92uu Passed __n__m _m __uumumum____n m19um___
AN ORDINANCE TO APPROPRIATE A FEE SIKPLE
INTEREST AND A TBKPORARY CONSTRUCTION
EASBKENT IN A 29, 600 SQUARE FOOT PARCEL OWNED
BY THE UNO-VEN COKPANY, LOCATED ON THE NORTH
" SIDE OF BRIDGE STREET, IN THE CITY OF DUBLIN,
STATE OF OHIO, AND DECLARING AN BKERGENCY
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..... 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", "B"
and "C", located in the city of DUblin, state of Ohio.
NOW, THEREFORE, BE IT ORDAINEt 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", "B" and "C", is hereby appro-
priated 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 appro-
priated at Twenty-Two Thousand One Hundred sixty-Two and NO/100
f Dollars ($22,162.00), 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
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
r ondition of an increased traffic flow on SR 161/Bridge street.
herefore, this ordinance shall go into immediate effect.
........ J!1i day of ~L , 1992.
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C . is Ord~nance/Rlhollltioa were posted in the
I hereby certify that copIes of ~ . 731 25 of the otIio Revised Code,
City of Dublin in accordance With Sedlon '
O/7A~{!_(if~~
Clerk of Council, Dubhn, OhiO
~ CL ~
lerk of Council
\ EXHIBIT "A"
Revised April 22, 1991
1 Revised April 10, 1991
Revised February 18, 1991
Revised October 19, 1990
I DESCRIPTION OF 387.50 SQUARE FEET OF LAND
WEST OF HIGH STREET, NORTH OF BRIDGE STREET
DUBLIN, OHIO
1 Situated in the State of Ohio, County. of Franklin, City of Dublin, being
387.50 square feet of land out of lot 144 as the same is shown and delineated
lr' upon the Record Plat of the Town of Dublin of Record in Deed Book 1, Page 193
1/2 and being further described in a Deed to the Uno-Ven Company, by Deed of
Record in Official Record Volume 14425113 (all references to Volumes and pages
of record in Recorder's Office, Franklin County, Ohio), said 387.50 square
I feet of land being more particularly described as follows:
Beginning at the southeast corner of said lot 144,at the intersection
of the westerly right-of-way line of High Street and the northerly right-of-
I way line of Bridge Street;
Thence North 900 00' 00" West, along the south line of said lot 144, the
I north ri ght-of-way of Bridge Street, (66') a distance of 20.00 feet to a
poi nt;
Thence North 00 00' 00" East, crossing saJid lot 144, a distance of 15.00
I feet to a point;
Thence North 450 00' 00" East, crossing said lot 144, a distance of 7.07
, feet to a point;
Thence North 900 00' 00" East, a distance of 15.00 feet to a point in
the east line of said lot 144, the west line of High Street (66');
, Thence South 00 00' 00" East, along the east line of said lot 144, the
west right-of-way of said High Street, a distance of 20.00 feet to the Place
'r" of Beginning, containing 387.50 square feet to land, more or less.
Subject to all easements, restrictions and right-of-way of previous
record.
t- NOTE: For the purpose of this description a bearing of North 900 00' 00"
West was assumed fort the north right-of-way line of Bridge Street and all
other bearings calculated form this meridian.
, The above description was prepared by Hockaden and Associates, Inc.,
Consulting Engineers from deed information only.
, Hockaden and Associates, Inc.
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By: .... ;u.// // , "
~~Joseph R. Wolfel,fP.S.
4 t--",/ Regi s tered Surveyor No. 5634
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EXHIBIT I
I Revised October 27, 1991
I Revised February 18, 1991
.'~'...'. ; R~vised October 19, 1990
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Description of a Permanent Walkway and Utility Easement
North of Bridge Street, West of Hi9hlStreet
Dublin, Ohio _
Situated in the State of Ohio, County of Franklin, City of Dublin, being
a walkway and utility easement and a Temporary Right to Work Grant in lot 144
as shown and delineated upon the Recorded Plat of said Town of Dublin of
Record in Deed Book 1, Page 193 1/2, and being further described in a Deed to
the Uno-Ven Company, by Deed of Record in Official Record Volume 14425113 (all
references to volumes and pages of Record in the Recorder's Office, Franklin
County, Ohio), said walkway and utility easement a Temporary Right to Work
Grant being more particularly described as follows:
PERMANENT WALKWAY AND UTILITY EASEMENTS
Beginning at the southeast corner of said lot 144;
Thence North 90. 00' 00" West, along the southwesterly line of said lot
144, the northerly right-of-way of Bridge Street (66'), a distance of 165,00
feet to the southwesterly corner of said lot 144;
Thence North O. 00' 00" East, along the westerly line of said lot 144,
a distance of 6,00 feet to a point;
Thence North 90. 00' 00" East, parallel with and 6,00 feet northerly
from (as measured at right angles)' the northerly right-of-way of sa1d Bridge
Street, a distance of 145,00 feet to a point:
Thence North O. 00' 00" East, a distance of 9,00 feet to a point;
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Thence North ~5. 00' 00" East, a distance of 7,07 feet to a point;
Then'ce North 90. 00' 00" East. parallel with and 20.00 feet northerly
from (as measured at right angles) the northerly right-of-way of said Bridge
Street, a distance of 15,00 feet to a point in the easterly line of said lot
144, a point in the westerly line of High Street:
Thence South O. 00' 00" East, along the easterly line of said lot 144,
the westerly right-of-way of High Street (66'), a distance of 20,00 feet to
The Point of Beginning, containing 1257,5 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.
The above described purposed easement strip overlaps part of an existing
easement. It is not the intent of said purposed easement to limit the use of
the existing easement in any manner, I I
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/ EXHIBIT "e"
,.1 TEMPORARY RIGIlT TO WORK GRANT "
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.,....'J Uno-Ven Company: of the City of Dub1 in, County of Frankl in, 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 whlch ls located at the northwest corner
of High Street and Bridge Street, Dublin, Ohio and described in Offlcal Record
Volume 14425 113, Recorder's Office, Franklin County, Ohlo, to construct and
install on sald property the improvements to sald West Brldge 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 strlp of land located adjacent to and north of the northerly
right-of-way l1ne of West Bridge Street, extending from centerline station
8+02 +/- to station 9+67 +/-, as delineated on sald street improvement plans and
as shown on the attached exhlbit.
The City of Dublin shall indemnlfy, defend and hold harmless sald Grantors
form and agalnst any and all suits or claims by thlrd parties for personal injury
as a result of work by the Clty of Dublin, as described in this grant.
(a) This indemnlty does not cover any injuries or damages occurring after
the completion of construction of the lmprovements by the City of Dublln or its
agents or employees.
(b) This indemnlty does not cover any injuries or damages arising out of
the actions or inactions of owners or the actions or lnactlons of persons other
than the City of Dublin or its agents or employees, i
The rights granted herein will explre one hundrea elghty (lBO) days from
the date of completion of the aforesaid improvements to ,sald Bridge Street (S.R,
161). I I
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IN WITNESS WHEREOF, the Grantors have executed this Temporary Rlght To Work
Grant on this day of , 1991,. i
Signed in the presence of: : i
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Witness: Grantors: .
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STATE OF OHIO: SS
BE IT REMEMBERED, that on this day of , 1991,
before me, a notary public in and for sald State, personally appeared the
Grantors in the foregoing Temporary Right To Work Grant, and acknowledged the
slgning of the same to their free and voluntary act and deed for the purposes and
uses thereln described.
IN TESTI~UNY WHEREOF, I have hereunto subscribed my name and affixed mf
official seas on the day and year last aforesaid.
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Notary Public
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TEMPORARY RIGHT TO WORK GRANT
Beginning at a point in the easterly line of said lot 144, said point
being North 00 00' 00 East, a distance of 20,00 feet from the southeast corner
" off said lot 144: i I
Thence from said point of beginning North 900 00' 00" West, parallel
with and 20,00 feet northerly from (as measure~ at right angles) the northerly
right-of-way of said Bridge Street, a distance of 15,00 feet to a point,
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fill""'" Thence South 450 00' 00" West, a distan~e of ~,07 Feet to a point:
Thence South 00 00' 00 West, a distance'oF 9,00 Feet to a point:
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Thence North 900 00' 00" West, parallel w1t:h and 6.00 feet northerly
from (as measured at right angles) the northerly right-oF-way of said Bridge
Street. a distance of 145,00 feet to a point in the westerly line of said lot
144:
Thence North 00 00' 00" East. along the said westerly line a distance
of 4.00 Feet to a point:
Thence North 900 00' 00" East, parallel with and 10,00 Feet northerly
from (as measured at right angles) the northerly right-oF-way of said Bridge
Street, a distance of 141.00 feet to a point;
Thence North 00 00' 00" East. a distance of 5,00 Feet to a point:
Thence North 450 00' 00" Ea~t, a distance of 12,73 feet to a point:
Thence North 900 00' 00" East, parallel with and 24.00 feet northerly
from (as measured at right angles) the northerly ~ight-oF-way of said Bridge
Street, a distance of 15,00 Feet to a point in the easterly line of said lot
144, a point in the westerly right-oF-way of High Street;
The~ce South 00 00' 00" East, along the easterly line of said lot 144,
the westerly right-of-way of said High Street, a distance of 4.00 feet to the
point of beginning, containing 688 square feet of land, more or less,
Purpose:
To construct and install on said property the improvements to said West
Bridge Street, including but not limited to regarding 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,
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