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HomeMy WebLinkAbout071-92 Ordinance T ,. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO'm.mu7~"'!.9.2. Passed.m nnu.19.m._u AN ORDINANCB TO APPROPRIATB A 390 SQUARB FOOT FEE SIMPLE INTEREST AND A 650 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT IN A 8,712 SQUARE FOOT PARCBL OWNBD BY RUTH FORSYTHE, ~ LOCATED AT 16-18 EAST BRIDGE STRBBT, IN THB ! CITY 01' DUBLIN, STATE OF OHIO, AND DECLARING '- AN EMBRGENCY WHBREAS, 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, THBRBFORE, BE IT ORDAIN~ 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 appro- f' priated at Nine Thousand Five Hundred Twenty and NO/100 Dollars ~ ($9,520.00), which sum shall be deposited with the Franklin County __ Common Pleas Court for the use and benefit of the owners of the property appropriated. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with I the owners of the property, and that the City intends to obtain immediate possession of the property. section 4. The City Law Director is directed to file a petition for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. section 5. The funds related thereto have been previously appropriated within the STATE ROUTE 161 IMPROVEMENT FUND for the purpose of paying all costs incident to such acquisition. Section 6. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of SR 161/Bridge street is necessary due to the ~ condition of an increased traffic flow on SR 161/Bridge Street. Therefore, this ordinance shall go into immediate effect. -- Passed this JI'--d, of ~ ' 1992. fi, , ' rebv wffv that COl)ies of t~.;s Ord:nance/Resoldliun were posted n the , City of Dublin in accordance with Section 731.25 of the Ohio Revised ode. ;tt.-,t fficer ~(I (J'p~ Clerk of Council, Dublin, Ohio ~ -------~._-.._._._,..,-_.--.--------------------_..._-_...- f ,.. . i :- , EXHIBIT "A" , TEMPORARY RIGHT TO WORK GRANT Ruth A. Forsythe: of the City of Dublin, County of Franklin, State of Ohio, as Grantors, for the sum of one dollar ($ 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 16 & 18 East Bridge Street, Dublin, Ohio and described in Deed Book 3214, Page 341, , 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), f' 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 riJht-of-way line of West Bridge Street, extending from centerline station 11+33 + - to station 11+98 +/-, 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 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 comp leti on of cons truct ion of the improvements by the CHy 0 f Dub 1 in 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). . l: I I IN WITNESS WIIEREOF, the Grantors have executed thts TemPrary Right To Work , Grant on this day of , ,1991. Signed in the pre~ence of: i I I I I Witness: Grantors: I , ! , , : ~ i ! I ~.. - STATE OF OHIO : SS BE IT REMEMBERED, that on this day of , 1991, , before me, a notary public in and for said State, persona 11y 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. t1 Notary Pub lie 100191.1 - . - . , ~~. ~ ~',",' . -'- . Uh_O. , <,4,' -- - .. EXHIBIT "B" ; .. 0 ':, ", \ < ' . . ,." t. '. 'r '" '., Revised February 18, 1991 : " Revised October 19, J990 , ' . Description of a Walkway and Utility Easement .', North of Bridge Street, East of High Street , .. , Dublin, Ohio' Situated in 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 1, Page 193, and as shown on Plat of Record 1n 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 fJ out of a portion of said in10t 126 as described in a Deed to Ruth A. Forsythe ' (Parcel No.1) of Record in Deed Book 3214, Page 341, the said six (6) foot ". . wide walkway and ut it ity easement being more particularly described as , follows: Beginning at the southeast corner of said lot 126; , Thence Westerly, with the southerly line of lot 166, the northerly right-of-way Bridge Street (66') a distance of 65.00 feet to a point at the . southeast corner of a tract of land as described in a Deed to Oma Karrer of . IJ , " ..Record inDeed Book 3106 Page 128; Thence Northerly, with the easterly li~e of said Oma Karrer tract, a J '.distance of 6.00 feet to a point; I ! Thence Easterly, parallel with and 6.00 teet northerly from (as measured t" " I . at right angles) the southerly line of said lot 126. la distance of 65.00 feet , to a point in the easterly line of said lot 126; I ; I ! Thence Southerly, with the easterly line of said lot 126, a distance of ~ 6.00 feet to the point of beginning, containing 390 ~quare feet of land, more or less. r ; I , , . Purpose: I ~ I 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 1ighting,land 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 proposed easement to limit the use of the existing easement in any manner. -. ' .' . .