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HomeMy WebLinkAbout069-92 Ordinance .- ------ .. . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 , Ordinance No.... .6.9-92.... Passedw.__....uu..__.______.__ . ,.'U' w_..19nu.u AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 13,200 SQUARE FOOT PARCEL OWNED BY PAUL A. GELPI, LOCATED AT 38 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 ORDAIN5' 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 Four Thousand Two Hundred Forty-Eight and NO/100 r Dollars ($4,248.00), which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the '..- owners of the property appropriated. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the city has been unable to agree with the owners of the property, and that the City intends to obtain immediate possession of the property. Section 4. The city Law Director is directed to file a petition for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. The funds related thereto have been previously appropriated within the STATE ROUTE 161 IMPROVEMENT FUND for the purpose of paying all costs incident to such acquisition. Section 6. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the rompt improvement of SR 161/Bridge Street is necessary due to the r condition of an increased traffic flow on SR 161/Bridge Street. Therefore, this ordinance shall go into immediate effect. -- assed this / f~ day of , 1992. . ' II ~o"'es of t~;s Orrl;nance/R!J61I1Ji f D bl' . . ~were posted' th o U In In accordance with SoctloR 731 2S f th ot.. . I e . 0 e 10 ReVIsed C de. I. Jill: 11...\1' 1--~ .\Jl" "', - ,."--..'." .........'...., ~. - ~ ~ . . .' ./ EXHIBIT "A" I I .. , I i I I , i TEMPORARY RIGHT TO WORK GRANT: ! I i Paul A. Gelpi: of the City of Dublin, County of Franklpn. State of Ohio. as Grantors. for the sum of one dollar ($ 1.00) the receipt &nd 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 38 West Bridve Street, Dublin, Ohio and described in Official Record Volume I524 110 Recorder s Office, Franklin County. Ohio. to construct and install onlsaid property the i,nprovements to said West Bridge Street, including but not limited to regrading for the cons truct ion necessary to comp 1 ete 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 line of West Bridge Street. extending from centerline station 6+71 +/- to station 7+37 +/-, as delineated on said street improvement plans and as shown on the attached exhibit. The City of Dublin sholl 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 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). I IN WITNESS WIlEREOF, the Grantors have executed thi s Temporary Ri ght To Work Grant on this day of , 1991, Signed in the presence of: Witness: Grantors: ! i STATE OF OHIO : SS I i I I BE IT REMEMBERED, that on this i I , 1991, day of before me, a notary public in and for said State, : persona lly appeared the Grantors in the foregoing Temporary Right To Work Gr~nt, arld acknowledged the signing of the same to their free and voluntary act and1deed for the purposes and uses therein described. I , : I IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seas on the day and year last aforesaid. . : : . . , Notary Public i 100191.1 . . . ,~ ft..} T ~ . - , : EXHIBIT liB" " . I: - " '. J Revised February 18, 1991 Revised October 19, 1990 Description of a Walkway and Utility Easement I . ' West of High Street. North of Bridge Street Dublin. Ohio Situated in the State of Ohio. County of Franklin. City of Dublin, being a six (6) foot ride walkway and utility easement out of that tract of land as "~, conveyed to ,Paul A. Gelpi, JofRecord in Official Record Volume 7524110, " , Recorder's Oftke, Franklin County. Ohio, said six (6) foot wide walkway and utility easement being more particularly described as follows: Beginning at the south east corner of said tract; Thence Westerly. along the southerly line of said tract. the northerly right-of-way of Bridge Street (66'). a distance of 66.00 feet to the southwest corner of said tract; Thence Northerly, along the westerly line of said tract, a distance of 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 distance of 66.00 feet to a point in the easterly 11ne of said tract; I I Thence southerly. along the easterly line of paid tract a distance of 6.00 feet to The Point of Beginning, containing 396 ~quare feet of land. more " or less : i I Purpose: I i , For the purpose of constructing, using, andl maintaining a wa 1 kway, street lighting and appurtenant works in said stripi including the right to repair arid care for said walkway and street lighting'iand access to said strip for said purpose. i I The above described purpose easement strip ove~laps part of an existing elisement. It is not the intellt of said proposed casement to lin!it the'use of " the existing easement in any manner. , . " . ','-:/' \ .. 'd,l '.' "-f ~~ ", {:' ", ,..' ~ .