76-99 Ordinance AMENDEDRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.______________76-99 ~ /-j y{~e~~-~~assed_______________ 19________
AN ORDINANCE TO APPROPRIATE A PERMANENT BIKEPATH
EASEMENT CONSISTING OF A COMBINED 0.0221 ACRES, MORE OR
LESS, AND A TEMPORARY CONSTRUCTION EASEMENT CONSISTING
OF 0.1389 ACRES, MORE OR LESS, FROM BP EXPLORATION & OIL, INC.,
IN PROPERTY LOCATED ON THE EAST SIDE OF AVERY-MUIRFIELD
DRIVE AND THE NORTH SIDE OF PERIMETER LOOP 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, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, of the elected members concumng 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 Three Hundred Eighteen Dollars and 00/100 Cents ($17,318.00) which sum shall
be deposited with the Franklin County Common Pleas Court for the use and benefit of the
owners of the property appropriated as their interests may appear. Upon such deposit, the
City of Dublin shall take possession of and enter upon the property pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that
the City has been unable to agree with the owner of the property as to appropriate
compensation, and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation
to be paid for the real estate herein described above.
Section 5. There be appropriated from the Capital Improvements Tax Fund Seventeen
Thousand Three Hundred Eighteen Dollars ($L7,~18.00) to accaua~r 401-031407$0-2550 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.
Mayor - Pre i g fficer
ATTEST:
Clerk of Council
Passed this ~ ~ST day of , 1999.
1 hereby certify that copies of this Ordinance/Resotuttorr
City of Dublin in accor~n~re wit'a Section 731.25 of the t
le f C cil, Dublin, Qhio
'e~~9~e~
Revised
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EXHIBIT A -PARCEL 3PE1
CITY OF DUBLIN,~OHIO-AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
BP EXPLORATION & OIL, INC.
DESCRIPTION OF A PERMANENT BIKEPATH EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Vrginia
~• Military Survey No. 2999 and being part of Reserve "C" of Perimeter Center as
delineated in Plat Book 72, Pages 47 and 48, and being part of a 2.214 acre tract
~,,, conveyed to BP Exploration & Oil, Inc. by Instrument Number 1997712220173188, all of
the Franklin County Recorder's Office and being ore particular described as follows:
Beginning, for reference, at the southwesterly corner of the said 2.214 acre tract, on the
easterly right-of--way line of Avery-Muirfield Drive; thence N 14°52'56" W, along the
westerly line of the said 2.214 acre tract and the said easterly right-of--way line of Avery-
Muirfield Drive, 93.92 feet to the true point of beginning of the easement described
herein:
Thence N 14°52'56" W, along the said westerly line and the said easterly right-of-
way line of Avery-Muirf`ield Drive, 98.48 feet;
Thence with anon-tangent curve to the right along the said westerly line and the
said easterly right-of--way line of Avery-Muirfield Drive, having a delta of
00°38'38", a radius of 5657.58 feet, and a chord bearing N 10°29'40" W, 63.59
feet;
Thence with a curve to the right along the said westerly line and the said easterly
right-of--way line of Avery-Muirfield Drive, having a delta of 38°55'19", a radius of
100.00 feet, and a chord bearing N 9°17'19" E, 66.63 feet;
Thence with anon-tangent curve to the left, having a delta of 35°52'15", a radius
of 83.50 feet; and a chord bearing S 7°55'44" W, 51.43 feet;
`" Thence with a curve to the left, having a delta of 1 °46'53", a radius of 5651.08
feet; and a chord bearing S 10°53'50" E, 175.70 feet to the true point of
beginning, containing 0.0202_.acres, more or less, and being more particularly
delineated on the attached Exliibit 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 - PARCEL 3PE1
BP EXPLORATION 8c OIL, INC.
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IMETER LOOP DRIVE
~. PER
~ =38'55' 19"
T=35.34'
L=67.93'
R=100.00'
CH= N 9' 17' 19" E
66.63' ~
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~=00'38'38" ' .
T=31.80'
L= 63.59'
R=5657.58'
CH= N 10'29'40" W
63.59'
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~=35'52' 15"
T=27.03'
L=52.28'
R=83.50'
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PROPOSED 0.0202 ACRE
PERMANENT BIKEPATH
EASEMENT
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~ L=175.71'
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~'r? CH= S 10'53'50" E
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BP EXPLORATION & OIL, INC.
INST. 1997712220173188
POB y 2.214 ACRES
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THE HUNTINGTON NATIONAL BANK
O.R. 15216 J05
1.726 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. PAGES, 7 AND 48.
BY:
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EXHIBIT A -PARCEL 3PE2
CITY OF DUBLIN, OHIO -AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
BP EXPLORATION & OIL, INC.
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 Reserve "C" of Perimeter Center as
delineated in Plat Book 72, Pages 47 and 48, and being part of a 2.214 acre tract
~,,,; conveyed to BP Exploration & Oil, Inc. by Instrument Number 1997712220173188, all of
the Franklin County Recorder's Office and being ore particular described as follows:
Beginning at the southwesterly comer of the said 2.214 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 N 14°52'56" W, along the westerly line of the said 2.214 acre tract and
the easterly right-of--way line of Avery-Muirfield Drive, 24.64 feet;
Thence S 30°10'23" E, 25.54 feet to a point on the southeriy line of the said
2.214 acre tract;
Thence S 75°07'04" W, along the said southerly line, 6.74 feet to the true point of
beginning, containing 0.0019 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 centeriine survey of Avery-MuirFeld
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 - PARCEL 3PE2
BP EXPLORATION 8c OIL, INC.
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DECEMBER 1998
SCALE: 1 " = 10'
BP EXPLORATION & OIL, INC.
INST. 1997712220173188
2.214 ACRES
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POB ~ ~1 THE HUNTINGTON NATIONAL BANK
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DRNE BEING N 4'37'38"WAS DELINEATED IN PLAT
~ '~ ~ ~.Q : BOOK 72. PAGES 47 ANO 48.
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PROFESSIONAL SURVEYOR
EXHIBIT A -PARCEL 3TE
CITY OF DUBLIN, OHIO -AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
BP EXPLORATION & OIL, INC.
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 Reserve "C" of Perimeter Center as
delineated in Plat Book 72, Pages 47 and 48, and being part of a 2.214 acre tract
conveyed to BP Exploration & Oil, Inc. by Instrument Number 1997712220173188, all of
`~`"" the Franklin County Recorder's Office and being ore particular described as follows:
Beginning, for reference, at the southwesterly corner of the said 2.214 acre tract, on the
easterly right-of--way line of Avery-Muirfield Drive; thence N 75°07'04" E, along the
southerly line of the said 2.214 acre tract, 6.74 feet to the true point of beginning of the
easement described herein:
Thence N 30°10'23" W, 25.54 feet to a point on the westerly line of the said
2.214 tract and said eastery right-of--way line of Avery-Muirfield Drive;
Thence N 14°52'56" W, along the said westerly line and the said easterly right-of-
way line of Avery-Muirfield Drive, 69.28 feet;
Thence with a curve to the right, having a delta of 1°46'53", a radius of 5651.08
feet, and a chord bearing N 10°53'50" W, 175.70 feet;
Thence with a curve to the right, having a delta of 35°52'15", a radius of 83.50
feet, and a chord bearing N 7°55'44" E, 51.43 feet to a point on the said westerly
line and the said easterly right-of--way line of Avery-Muirfield Drive;
Thence with a curve to the right along the said westerly line and the said easterly
~'" right-of-way line of Avery-Murifield Drive, having a delta of 32°21'17", a radius of
100.00 feet and a chord bearing N 44°55'47" E, 55.73 feet;
~..
Thence S 28°54'17" E, 12.19 feet;
Thence with a curve to the left, having a delta of 34°51'17", a radius of 88.00
feet, and a chord bearing S 43°42'39" W, 52.71 feet;
Thence S 8°56'16" E, 280.04 feet;
Thence S 30°10'23" E, 27.78 feet to a point on the said southerly line of the
2.214 acre tract;
Thence S 75°07'04" W, along the said southerly line, 9.87 feet to the true point of
beginning, containing 0.1389 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
EXH I BIT B - PARCEL 3TE
BP EXPLORATION Bc OIL, INC.
METER LOOP DRIVE
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~=32'21'17"
~ T=29.01'
L=56.48'
R=100.00'
~ CH= N 44'55'47" E . -
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~ =35'52' 15"
T=27.03'
L=52.28'
R=83.50'
~ CH= N 7'55'44" E
51.43'
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~=1'46'53" 1
T=87.86'
L=175.71 '
R=5651.08' ~
CH=N 10'53'50" W ~
175.70' - -~
S 28'54' 17" E RAW
12.19'
D=34'51' 17"
T=27.62'
L=53.53'
R=88.00'
CH= S 43'42'39" W
52.71'
DECEMBER 1998
SCALE: 1 " = 50'
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TEMPORARY CONSTRUCTION
EASEMENT
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BP EXPLORATION & OIL, INC.
INST. 1997712220173188
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25.54'
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THE HUNTINGTON NATIONAL BANK
O.R. 15216 J05
1.726 ACRES
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 47 D 48.
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PROFESSIONAL SURVEYOR
30' 10'23" E
27.78' ~~_
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S 75'07'04"
~POB 9.87'
N 75'07'04" E
6.74'