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Home My WebLink About070-92 Ordinance _._-_.._----~-'--- , ' RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.... n_7_Q....92_u. Passed_. ___Hm_nn... __.19_.._ AN ORDINANCE TO APPROPRIATE A TEMPORARY CONSTRUCTION EASEMENT IN AN APPROXIMATE 7.75 ACRE TRACT OWNED BY THE BOARD OF EDUCATION, WASHINGTON LOCAL DISTRICT, LOCATED AT 80 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 temporary construction easement in and to the premises described in the attached Exhibit "A", 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 temporary construction easement in and to the premises located in the City of DUblin, state of Ohio, and more fully described in the legal description attached hereto as Exhibit "A", 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 Two Hundred Thirty and NO/100 Dollars ($230.00), which sum shall be deposited with the Franklin County Common Pleas ",... Court for the use and benefit of the owners of the property appropriated. Upon such deposit, the City of Dublin shall take ~ possession of and enter upon the property pursuant to law. section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owners of the property, and that the City intends to obtain immediate possession of the property. section 4. The City Law Director is directed to file a petition I for appropriation in the Franklin county Common Pleas Court, to I have a jury impaneled to assess the compensation to be paid for the real estate herein described above. section 5. The funds related thereto have been previously appropriated within the STATE ROUTE 161 IMPROVEMENT FUND for the purpose of paying all costs incident to such acquisition. section 6. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of SR 161/Bridge Street is necessary due to the condition of an increased traffic flow on SR 161/Bridge Street. Therefore, this ordinance shall go into immediate effect. r Passed this / m day of ~ ' 1992. ...... _ . ; f (-, ~rl '1:1'\~e ':l::sehJt1oA were posted in the h",,,,",,, ."'tiN ....nt 1:0" P.S l') . "". R . d Co e " ' . 731 25 of the unlO eVlse . City of Dublin in accordance with Section . ~ CL..- Q1~,- Clerk of Council, Dublin, Ohio I " ~(L~ Clerk of Council ;-'""",~"~ll"," ',;e R ili1" ,~ ,II)' Ifill. 'n~ -- "A" . .- EXHIBIT .. _. .. TEMPORARY RIGHT TO WORK GRANT Board of Education: Washinston Local District, Franklin ....... County, Ohio, of the City of Dublin, County of Franklin, State of ~. :.: Ohio, as Grantors,. for the SUla of one dollar ($ 1.00) the receipt and sufficiency of which is hereby acknowledsed, does hereby srant to the City of Dublin, Ohio, their respectiye elaployees, asents snd contractors, as Grantees, the dsht snd easement to enter upon property owned by Grantors which is located at 80 West Bridse Street, Dublin, Ohio, and described in Deed Book 2067, . Pase 232, Recorder's Office, Franklin County, Ohio, to construct and install on said property the improyements to said West Bridse Stre.et, includinS but not lilaited to resradins for the construction necessary to complete the improvements as shown on the appro.,ed plan STREET AND STORK IMPROVEMENT for BRIDGE STREET (S.R. 161) , on ,.... file in the Division of Ensineerins, City of Dublin, Ohio and beins a Ten (10 ) foot strip located adjacent to and north of the northerly risht-of-way line of West Bridse Street, extendins from centerline station 3+85 +/- to station 5+71 +/-, as delineated on said street improvement plans and as shown on the attached exhibit. The City of Dublin shall indemnify, defend and hold harmless said Grantors from and asainst any and all suits or claims by third parties for personsl injury as a result of work by the City of Dublin, as described in this srant. (a) This indemnity does not cover any injuries or dalaases occurrins after the completion of construction of the ilaprovements by the <;11:1' of Dublin or its asents or employees. (b) This indemnity does not cover any injuries or dalaases arisins out of the actions or inactions of owners or the actions or inactions of persons other than the City of Dublin or its asents or employees. The riShts sranted herein will expire one hundred eishty (180) days from the date of completion of the aforesaid improvements to said Bridse Street (S.R. 161> . , IN WITNESS WHEREOF, the Grantors haye executed this Temporary RiSht To Worr Grant on this day of , 1991. I Sisned in the of: I presence I I I Witness: Grantors: I I I i I , ",,-. I I I : .... . I , i I STATE OF OHIO : SS BE IT REMEMBERED, that on this day 0 f , 1991, before lae, a notary public in and for said Stste, personslly appeared the Grantors in the foresoins Temporary Risht To Work Grant, and acknowledr;e the sisnins of the same to their free and voluntary act and deed for the purposea snd uses therein described. IN TESTIMONY WHEREOF, I have hereunto subscribed mT nalle and af fixed liT official seal on the day and Tear last aforesaid. Notary Public 073091.1 r