77-99 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.___________77-9_~ ___
Passed -- --- - -- ---- --19- ----
AN ORDINANCE TO APPROPRIATE A PERMANENT BIKEPATH
EASEMENT CONSISTING OF 0.0026 ACRE5, MORE OR LESS, AND A
TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF 0.1013
ACRES, MORE OR LESS, FROM MCDONALD'S CORPORATION, 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.
U~~
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.
NO,>d/, THEREFORE, 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 Eight Thousand
Seven Hundred Twenty Eight Dollars and 00/100 Cents ($8,728.00) 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 Eight Thousand
Seven Hundred Twenty Eight Dollars ($8,728.00) to acct. 401-0314-780-2550for 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 thisday of , 1999.
Mayor - Pres' ing O icer 1 hereby certify that copies of this Ordinance/Resolution were posted in
City of Dublin in accordance with Settion 731.25 of the Ohio Revised Coy
1,~ 1
~S~ Clrr of Ceunril, Dublin, Ohio
__ _ _~
Clerk of Council
ATTEST:
EXHIBIT A -PARCEL 2PE
CITY OF DUBLIN, OHIO -AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
McDONALD'S CORPORATION
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 1.173 acre tract conveyed to McDonald's
*"" Corporation by Official Record 30144 J15 of the Franklin County Recorder's Office and
being more particular described as follows:
....
Beginning, for reference, at the centerline intersection of Avery-Muirfield Drive and
Perimeter Loop Drive as delineated on the plat of Perimeter Center in Plat Book 72,
Pages 47 and 48 of the Franklin County Recorder's Office; thence N 50°58'01" E, 83.75
feet to a point on the easterly right-of--way line of Avery-Muirfield Drive, being the
southwesterly comer of the said 1.173 acre tract, and the true point of beginning of the
easement described herein:
Thence with a curve to the right along the westerly line of the said 1.173 acre
tract and the said easterly right-of--way line of Avery-Mui~eld Drive, having a
delta of 00°07'40", radius of 5657.58 feet, and a chord bearing N 8°02'06" W,
12.60 feet;
Thence S 45°43'16" E, 25.91 feet to a point on the northerly right-of--way line of
Perimeter Loop Drive, being a southerly line of the said 1.173 acre tract;
Thence with a curve to the right along the said southerly line and the said
northerly right-of--way line of Perimeter Loop Drive, having a delta of 29°17'29", a
radius of 35.00 feet, and a chord bearing N 71°31'43" W, 17.70 feet to the true
point of beginning, containing 0.0026 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.
~~
~ t~' ,, / v~~~
~~ f S. P/ITRICK ~- ~ G~
_ tyllLL:i
&7158 ~
•cy
O ~O
-%~~~ ~f~'~STER~' ~~ ~:
EXHIBIT
a
W
J
f
F
J
.. .
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED AVERY-MUIRFIELD DRIVE
ENGINEERS & ARCHITECTS
5085 REED ROAD CITY OF DUBLIN
COLUMBUS, OHIO 43220
EXHIBIT B - PARCEL 2PE
McDONALD'S CORPORATION
DECEMBER 1998
SCALE: 1 " = 20'
I
I
I
7 ~
0
~~
w
~ ~~
~- '
W
>~
~=00'07'40"
T=6.30'
L=12.60'
R=5657.58'
CH= N 8'02'06" W
12.60' ~
POB
3 MCDONALD'S CORPORATION
~ O.R. 30144 J15
~ 1.173 ACRES
I
I
~ PROPOSED 0.0026 ACRE
~ PERMANENT BIKEPATH
EASEMENT
S 45'43' 16" E
25.91 '
R/W
~=29' 17'29"'
~, F, T=9.15'
O~ L=17.89'
,~j4i ~ R=35.00'
oj4 1 CH= N 71'31'43" W
~ ~~~ 17.70'
ER LOOP DRIVE
P ERI M ET _ ___- _ _____ _
t,,,,,,,,,,,,,~
;g r ~ O
S. PATRICK I
M1iLLS
~ S•7158 ~
O
. ,p
O
~~` ~C~STER~v ~:
~ J .•
I~'•~SS~ONAt S .~~'~,
THE BEARINGS USED HEREIN ARE BASED ON THE
CENTERLINE OF AVERY-MUIRFIELD DRIVE AT PERIMETER
DRNE BEING N 4'37'38"WAS DELINEATED IN PLAT
BOOK 72. PAGES 47 AND 48.
f ~'~>
PROFESSIONAL. SURVEYOR
EXHIBIT A -PARCEL 2TE
CITY OF DUBLIN, OHIO -AVERY-MUIRFIELD DRIVE ROAD IMPROVEMENT
McDONALD'S CORPORATION
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 1.173 acre tract conveyed to McDonald's
"' Corporation by Official Record 30144 J15 of the Franklin County Recorder's Office and
being more particular described as follows:
Beginning at the northwesterly corner of the said 1.173 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 85°22'22" E, along the northerly line of the said 1.173 acre tract, 19.72
feet;
Thence S 6°01'12" E, 244.69 feet to a point on the southerly line of the said
1.173 acre tract, also being the northerly right-of-way line of Perimeter Loop
Drive;
Thence N 45°43'16" W, 25.91 feet to a point on the westerly line of the said
1.173 acre tract, also being the easterly right-of--way line of Avery-Murifield Drive;
Thence with a curve to the right and the said westerly line and the said easterly
right-of-way line of Avery-Muirfield Drive, having a delta of 2°16'53", a radius of
5657.58, and a chord bearing N 6°49'50" W, 225.26 feet to the true point of
beginning, containing 0.1013 acres, more or less, and being more particularly
delineated on the attached Exhibit B.
This description was prepared by Burgess 8 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. , ~, _
\\\,,,,/1,1,,,,,,~ /7/~
c,~~~ ~' yip
f
`~ f S. PI`,TRICK ~.
~1lLLS
~ S-158
~:
S
"•.S~~NAI SV \\
••~/~1 //1-11111 /\\
a EXHIBIT
W
J
F
N
J
J
Q
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED AVERY-MUIRFIELD DRIVE
ENG15085SR ED ROAD CTS CITY OF DUBLIN
COLUMBUS, OHIO 43220
w \
I
0
I
I Q I
W I
I ~ POB
I I
Q!
~=2' 16'53"
T=112.65'
L=225.27'
R=5657.58'
CH=N 6'49'50"
EXHIBIT B -
McDONALD'S
PARCEL 2TE
CORPORATION
BANK ONE COLUMBUS, N.A.
O.R. 16177 FO6
1.334 ACRES
I
i DECEMBER 1998
SCALE: 1 " = 50'
N 85'22'22" E _ ~_ _ _
19.72 __ -'_
McDONALD'S CORPORATION I
0. R. 30144 J 15
N 1.173 ACRES I
o _
rn
0
J
J
N I
s
n'1 I
PROPOSED 0.1013 ACRE
TEMPORARY CONSTRUCTION I
i~ EASEMENT I
W
I 225.26 -~ '
I
I
i
I _ _
N 45'43' 16" W --'~ - _
25.91'
ETER LOOP DRIVE R%~
PERIM
~. ~ ~
'
-~ O /
`~ : ~
:`~ S. PATRICK ~. ~~
F,i'~:.LS
~ s-7158 ~ ? THE BEARINGS USED HEREIN ARE BASED ON THE
CENTERLINE OF AVERY-MUIRFIELD ORNE AT PERIMETER
'~~it`~,~FV'/STER~~ J~~O:, DRIVE BEING N 4'37'3$"WAS DELINEATED IN PLAT
s, ~~ ,,~ ~ BOOK 72, PAG S 47 AND 48. `
~. ~,~
PROFESSIONAL SURVEYOR