75-99 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.- ---75_-44---------- Passed------ - ---- -- - -------- -- - 19- ---
AN ORDINANCE TO APPROPRIATE A PERMANENT BIKEPATH
EASEMENT CONSISTING OF 0.0408 ACRES, MORE OR LESS, AND A
TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF 0.1384
ACRES, MORE OR LESS, FROM BANKONE COLUMBUS, N.A., IN
PROPERTY LOCATED ON THE EAST SIDE OF AVERY-MUIRFIELD
DRIVE AND THE SOUTH SIDE OF PERIMETER DRIVE, CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the City of Dublin is preparing to complete the bikeway link to the
new/proposed re-construction of the Avery-Muirfield Drive interchange; and
WHEREAS, said improvement will require the City of Dublin to obtain a permanent
bikepath easement and temporary construction easement in and to the premises described in
the attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio.
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide
funding for this acquisition.
NOW, ~REFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. A permanent bikepath easement and temporary construction easement in and
to the premises located in the City of Dublin, Franklin County, State of Ohio, and more fully
described in the legal descriptions attached hereto as Exhibits "A" and "B" are hereby
appropriated for the public purpose of completing the bikeway link to the new/proposed re-
construction of the Avery-Muirfield interchange, 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 Seventeen
Thousand Five Hundred Thirty Dollars and 00/100 Cents ($17,530.00) which sum shall be
deposited with the Franklin County Common Pleas Court for the use and benefit of the
owners of the property appropriated as their interests may appear. 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 owner of the property as to appropriate
compensation, 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. There be appropriated from the Capital Improvements Tax Fund Seventeen
Thousand Five Hundred Thirty Dollars ($17,530.00) to account 401-0314-780-2550 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 completion of the bikeway link to the new/proposed re-
construction of the Avery-Muirfield Drive interchange is necessary to continue to build out
Dublin's bikeway network and to provide for safe pedestrian travel for the citizens of Dublin.
Therefore, this ordinance shall go into immediate effect.
Passed this ~ fi day of , 1999.
i1~~Mayor -Pre dig fficer I heretiy certify that copies of this OrdinancelResolutlon were posted in
City of Duhlin in accordance with Section 131.25 of the Ohio Revised Lo.
ATTEST:
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Clerk of Council
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EXHIBIT A -PARCEL 1 PE
CITY OF DUBLIN, OHIO -AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
BANK ONE COLUMBUS, N.A.
DESCRIPTION OF A PERMANENT BIKEPATH EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
~~,,,, Military Survey No. 2999 and being part of a 1.334 acre tract conveyed to Bank One
Columbus, N.A. by Official Record 16177 F06 of the Franklin County Recorder's Office
_ and being more particular described as follows:
Beginning at the southwesterly comer of the said1.334 acre tract on the easterly right-of-
way line of Avery-Muirfield Drive and being the true point of beginning of the easement
described herein:
Thence with a curve to the right along the westerly line of the said 1.334 acre
tract and the said easterly right-of-way line of Avery-Muirfield Drive, having a
delta of 00°45'42", a radius of 5669.58 feet, and a chord bearing N S°18'25' W,
75.36 feet;
Thence N 4°55'34" W, along the said westerly line and the said easterly right-of-
way line of Avery-Murifield Drive, 139.39 feet;
Thence with a curve to the right along the said westerly line and the said easterly
right-of--way line of Avery-Muirtield Drive, having a delta of 90°17'56", a radius of
50.00 feet, and a chord bearing N 40°13'24" E, 70.89 feet;
Thence N 85°22'22" E, along the northerly line of the said 1.334 acre tract and
the southerly right-of--way line of Perimeter Drive, 1.78 feet;
Thence S`4°18'52" E, 4.42 feet;
Thence with a curve to the left, having a delta of 91 °56'22", a radius of 44.06
"' feet, and a chord bearing S 41°01'55" W, 63.35 feet;
Thence S 4°54'06" E, 140.95 feet;
Thence with a curve to the left, having a delta of 00°45'45", a radius of 5663.08
feet, and a chord bearing S 5°16'58" E, 75.36 feet to a point on the southerly line
of the said 1.334 acre tract;
Thence S 85°22'22" W, along the said southerly line, 6.37 feet to the true point of
beginning, containing 0.0408 acres, more or less, and being more particularly
delineated on the attached Exhibit B.
This description was prepared by Burgess & Niple, Limited, by S. Patrick Mills,
Professional Surveyor No. 7158 from an actual field survey and available records in
December, 1998. The bearings are based on the centerline survey of Avery-Muirfield
Drive at Perimeter Drive being N 4°37'38" W, as delineated in Plat Book 72, Pages 47
and 48, Recorder's Office, Franklin County, Ohio.
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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED AVERY-MUIRFIELD DRIVE
ENGINEERS & ARCHITECTS
5085 REED ROAD CITY OF DUBLIN
COLUMBUS, OHIO 43220
EXHIBIT B
BANK ONE
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R=50.00
T=50.26'
L=78.80
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COLUMBUS, N.A.
N 85'22'22" E
1.78'
S 4' 18'52" E
4.42'
DECEMBER 1998
SCALE: 1 " = 50'
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0=91'56'22"
R=44.06'
T=45.57'
L= 70.70'
CH=S 41'01'55" W
63.35'
PROPOSED 0.0408 ACRE
PERMANENT BIKEPATH
EASEMENT
BANK ONE COLUMBUS. N.A.
0. R. 16177 F06
1.334 ACRES
~=00'45'45"
R=5663.08'
T=37.68'
L=75.36'
CH=S 5' 16'58" E
75.36'
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S 85'22'22" W
6.37'
McDONALD'S CORPORATION
O.R. 30144 J15
1.173 ACRES
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THE BEARINGS USED HEREIN ARE BASED ON THE
CENTERLINE OF AVERY-MUIRFIELD DRNE AT PERIMETER
DRNE BEING N 4'37'38"WAS DELINEATED IN PLAT
BOOK 72, PAGES 4 ~AN'D 48/.
PROFESSIONAL SURVEYOR
EXHIBIT A -PARCEL 1TE
CITY OF DUBLIN, OHIO -AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
BANK ONE COLUMBUS, N.A.
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey No. 2999 and being part of a 1.334 acre tract conveyed to Bank One
Columbus, N.A. by Official Record 16177 F06 of the Franklin County Recorder's Office
and being ore particular described as follows:
Beginning, for reference, at the southwesterly comer of the said 1.334 acre tract on the
easterly right-of--way line of Avery-MuirFeld Drive; thence N 85°22'22" E, along the
southerly line of the said 1.334 acre tract, 6.37 feet to the true point of beginning of the
easement described herein:
Thence with a curve to the right, having a delta of 00°45'45", a radius of 5663.08
feet, and a chord bearing N 5°16'58" W, 75.36 feet;
Thence N 4°54'06" W, 140.95 feet;
Thence with a curve to the right, having a delta of 91 °56'22", a radius of 44.06
feet, and a chord bearing N 41°01'55" E, 63.35 feet;
Thence S 4°18'52" E, 13.00 feet;
Thence with a curve to the left, having a delta of 49°49'17", a radius of 31.06
feet, and a chord bearing S 62°38'32" W, 26.16 feet;
Thence S .6°01'27" E, 237.54 feet to a point on the southerly line of the said
1.334 acre Tract;
Thence S 85°22'22" W, along the said southerly line, 25.36 feet to the true point
~°- of beginning, containing 0.1384 acres, more or less, and being more particularly
delineated on the attached Exhibit B.
This description was prepared by Burgess & Niple, Limited, by S. Patrick Mills,
Professional Surveyor No. 7158 from an actual field survey and available records in
December, 1998. The bearings are based on the centerline survey of Avery-Muirfield
Drive at Perimeter Drive being N 4°37'38" W, as delineated in Plat Book 72, Pages 47
and 48, Recorder's Office, Franklin County, Ohio.
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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED AVERY-MUIRFIELD DRIVE
ENGINEERS & ARCHITECTS
5085 REED ROAD CITY OF DUBLIN
COLUMBUS, OHIO 43220
EXHIBIT B
BANK ONE
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COLUMBUS, N.A.
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PERIMETER DRIVE _ _
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0=91'56'22"
R=44.06'
T=45.57'
L=70.70'
CH=N 41'01'55" E
63.35'
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~=00'45'45"
R=5663.08'
T=37.68'
L= 75.36'
CH=N 5' 16'58" W
75.36'
DECEMBER 1998
SCALE: 1 " = 50'
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~ 13.00' i
~=49'49' 17"
R=31.06'
T=14.42'
L=27.00' I
d. CH=S 62'38'32"~ W I
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1.334 ACRES
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THE BEARINGS USED HEREIN ARE BASED ON THE
CENTERLINE OF AVERY-MUIRFIELD DRNE AT PERIMETER
ORNE BEING N 4'37'38"WAS DELINEATED IN PLAT
BOOK 72. PA~7 AND 48.
BY:
PROFESSIONAL SURVEYOR
McDONALD'S CORPORATION
0. R. 30144 J 15
1.173 ACRES