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Home My WebLink About068-92 Ordinance t RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 _ Ordinance NO.m __6a~92___ Passed__n m___19_ AN ORDINANCE TO APPROPRIATE A 812.5 SQUARE FOOT FEE SIMPLE INTEREST AND A 1,114.5 SQUARE FOOT TEKPORARY CONSTRUCTION EASEKENT IN AN APPROXlKATE 6,040 SQUARE FOOT PARCEL OWNED BY ,.... OKA KARRER, LOCATED ON THE NORTH SIDE OF f 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", "B" and "C", 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", "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 ,.... appropriated at Twenty-Seven Thousand six Hundred Fifteen and NO/100 Dollars ($27,615.00), which sum shall be deposited with the __ Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owners of the property, and that the City intends to obtain immediate possession of the property. section 4. The City Law Director is directed to file a petition for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. section 5. The funds related thereto have been previously appropriated within the STATE ROUTE 161 IMPROVEMENT FUND for the urpose of paying all costs incident to such acquisition. section 6. This ordinance is hereby declared to be an emergency ecessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the ~ rompt improvement of SR 161/Bridge Street is necessary due to the r ondition of an increased traffic flow on SR 161/Bridge street. t herefore, this ordinance shall go into immediate effect. --.. this /!-r/.... day of ~ ' 1992. I h ebv certify that copies of this Ord'nance/ResolutisA were posted in he . Ity of Dublin in accordance with Sect:on 731.25 of the Ohio Revised Cod. C2 Clerk of Coundl, Dublin, Ohio \..:~.. 11. ~!l.n:jiM;.iW~'__.llf;;v:'q"".U-'I!l!'iW;i.'_"'_~ilI\Ht.r IU.OO n .".Ii ~,''Ii!'!.. L.l.11'.'~'.~~41 Mr'..-.:"'.'~""''''-''''''''Y''''__,' 'Nl .1\~--",_'. <- I I - I t" - , : I . . EXHIBIT "A" . ! i t TEMPORMY RIGlIT TO WORK GRANT I Oma Karrer: of the City of Dublin, County of Franklin, State of Ohio, as I Grantors. for the sum of one dollar ($ 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 10 & 12 East Bridve Street, Dubl in, Ohio and described < in Deed Book 3106, Page 128, Recorder s I 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 strip of land .-. located adjacent to and north of the northerly right-of-way line of West Bridge Street, extending from centerline station 10+33 +/- to station 11+33 +/-, as ;'k.~+"" delineated on said street improvement plans and as shown on the attached exhibit. I 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. t (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 agent~ or employees. (b) This indemnity does not cover any injuries or damages 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. The rights granted herein will expire one hundred eighty (180) days from - the date of completion of the aforesaid improvements to said Bridge Street (S.R. 161 ). IN WITNESS WHEREOF, the Grantors have executed this Temporary Right To Work Grant on this day of , 199,1. I Signed in the presence of: Witness: Grantors: . -- ! i I I I i -- I I i ~ STATE OF OHIO : SS i BE IT REMEMBERED, that on this day of , 1991, before me, a notary publ ic in and for said State, :personally appeared the II Grantors in the foregoing Temporary Right To Work Grant, and acknowledged the signing of the same to their free and voluntary act and deed f~r the purposes and uses therein described. I IN TESTIMONY WHEREOF, I hav~ hereunto subscribed my name and affixed my official seas on the day and year last aforesaid. I ~ Notary Public 100191.1 . , II ; . II . "-'-~'~'~~~~-~""""""'~ ."-".'''-< ,."....^~.~ ~ . .ttiC'L . I ' ,. - , - " .- - i I I EXHIBIT "B" I I i , I I I I I I i ; ~evised October 27, 1991 , i , Revised February 18, 1991 Revised October 19, 1990 ! , , , Description of a Permanent Walkway and Uti~ity Easement North of Bridge Street, East of High Street Dublin, Ohio t[ Situated in the State of Ohio, County of Franklin, City of Dublin, being in inlot 126 to City of Dublin as numbered and delineated upon the Record Plat thereof, of Record in Deed Book number " Page 193, and as shown on Plat of 1 Record in Plat Book 3, Page 199, (all Records of Record in The Recorders Office, Franklin County, Ohio), being a six (6) foot wide walkway and utility easement and a Temporary Right to Work Grant out of a portion of said inlot 126 as described in a Deed to Oma Karre~ (Parcel 2) of Record in Deed Book 3106, Page 128, the said six (6)'foo~ wi e walkway and utility easement and , a Temporary Right to Work Grant being more particularly described as follows: PERMANENT WALKWAY AND UTILITY EASEMENTS , Beginning at the southwest corner of said lot 126: Thence North 00 00' 00" East, with the westerly line of said lot 126, the easterly right-of-way of High ,Street (66'), a distance of 15.00 feet to , a point: Thence North 900 00' 00" East, parallel with and 15.00 feet northerly from (as measured at right angles) the southerly line said lot 26, a distance I of 10.00 feet to a point: ' The9ce South 450 00' 00" East, a distance of 7.07 feet to a point: . Thence South 000 DO' 00" West, a distance of 4.00 feet to a point: Thence North 900 00' 00" East, parallel with and 6.00 feet northerly from (as measured at right angles) the southerly line of said lot 126, the northerly right-of-way of Bridge Street, a distance of 85.00 feet to a point t-. in the easterly line of said Oma Karrer parcel, the westerly line of a tract of land as described in a Deed to Ruth A. Forsythe, of record in Deed Book 3214, Page 341: ~ Thence South 00 00' 00" Eas t, wi th the easterly line of said Ruth A.Forsythe tract, a distance of 6.00 feet to a point in the southerly line of said lot 126, the northerly right-of-way of Bridge Street (66'): Thence North 900 DO' 00" West, along the said southerly line of said lot . 126, the northerly right-of-way of said Bridge Street, a distance of 100.00 feet to the point of beginning, containing 722.5 square feet of land, more or less. I I I I Purpose: I . i i For the purpose of constructing, using,: and maintaining a walkway, street lighting and appurtenant works in said strip, lincluding the right to repair and care for said walkway and street lighting, and access to said strip I for said purpose. ~ i . The above described proposed easement strip overlaps part of an exist.ing easement.. It is not t.he intent of said proposed easement t.o limit the use of the existing easement. in any manner. , < I . , I ! I I . . .Ii: , , I . I I i . p". " ._-_...~- I, . r . t. - .. ... .< , EXHIBIT lie II , TEMPORARY RIGHT TO WORK GRANT , Beginning at a p,oint in the westerly line of said lot 126, said point being North 0" 00' 00' East. a distance of 15.00 feet from the southwesterly corner of said lot 126: ~. Thence North O. 00' 00" East, along said westerly line, a distance of 4.00 feet to a point: I I i I ""'- Thence North 90. 00' 00" East. a distanoe of 11.00 feet to a point: I 1 Thence South 45. 00' 00" East. a distan~e of 1~.73 feet to a point: Thence North 90" 00' 00" East. a distance of 80.00 feet to a point: , I , Thence South 0" 00' 00" East, along said east~rlY line, a distance of 4.00 feet: I 0 Thence North 90" 00' 00" West. a distan~e of 85.00 feet to a point: , I . Thence North 00. 00' 00" East. a distance of 4.00 feet to a point: Thence North 45" 00' 0011 West. a distance of 7.07 feet to a point: t Thence North 90. 00' 00" We;t. a distance of 10.00 feet to The Point of Beginning. containing 392 square feet of land. more or less: Purpose: , I 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. ~ . . . I CI 0 . I I I I , i 0 . :1 . I ! I I . P"''''