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Home My WebLink About53-98 Ordinance RECORD OF ORDINANCES Dayton Leeal Blank Co. Form No. 30043 Ordinance No._____5~-9$____..__ Passed _ _____19______. AN ORDINANCE TO APPROPRIATE A 0.1694 ACRE, MORE OR LESS, FEE SIMPLE INTEREST AND A COMBINED 0.0196 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY OWNED BY PARMET CO., INC., LOCATED ON THE WEST SIDE OF AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRA1vI~LIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to extend Wcerner Temple Road between Avery Road and Wilcox Road and improve related traffic circulation; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest and a temporary construction easement in and to the premises described in the attached Exhibits "A", "B" and "C" located in the City of Dublin, Franklin County, Ohio. NOW, THEREFORE, BE IT ORDAINID 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, Franklin County, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A", "B" and "C" are hereby appropriated for the public purpose of extending Wcerner Temple Road between Avery Road and Wilcox Road and improving related traffic circulation, 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 Nine Thousand Eight Hundred Fifty Five Dollars and 00/ 100 Cents ($9, 855.00) 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 owners 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. The funds related thereto have been previously appropriated within the Southwest Area 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 extension of Woerner Temple Road between Avery Road and Wilcox Road is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed is ~ ~- day of , 1998. or -Presiding Officer ATTEST: /~(.~'1 Cler Council EXHIBIT A -PARCEL 27WD CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD PARMET CO., INC. DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY FOR AVERY ROAD Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03 of the Franklin County Recorder's Office, and being more particularly described as follows: :,..,,~ Beginning in the centerline of Avery Road at the northeasterly comer of a 0.915 acre tract conveyed to S-One Properties Company by deed of record in D.B. ~` " 3741, P. 514, said comer being N 01°15' 23" W, 505.54 feet from Franklin County Monument 2230, and being the true point of beginning of the tract described herein; Thence S 85° 03' 37" W, along the northerly line of said 0.915 acre tract, 59.16 feet to a point; Thence N 00° 14' 52" W, 127.63 feet to a point on the southerly line of a 7.095 acre tract conveyed to Swickard Enterprises Inc. by deed of record in O.R. 16313 J 14; Thence N 85° 03' 37" E, along said southerly line, 56.91 feet to said centerline of Avery Road and being S 02° 31' 06" E, 117.75 feet from Franklin County Monument 2231 Thence S 01 ° 15' 23" E ,along said centerline, 127.46feet to the true point of beginning, containing 0.1694 acres, more or less, of which 0.0878 acres lie within the existing right-of-way of Avery Road and being more particularly delineated on the attached Exhibit B. This description was prepared by Burgess & Niple, Limited, by S. Patrick Mills, Professional Surveyor 7158 from an actual survey and available records in December, 1996 and January, 1997. The bearings are based on the bearing of S 5° 22' 07" E being the easterly line of the recorded plat of Trinity Park Section Number 1 Subdivision, of record in Plat Book 79, Page 86, Recorder's Office, Franklin County, Ohio. ,,,,~ ~ o F o •-.,,, .,~P ~~, , ~, ;- ` S. PAl"RICK *- F.1tLLS ~ ~-~- - S-"1158 4, a ~ F~ ~ / EXHIBIT /"t ALL-STATE®INTERNATIONAL PLAT PREPARED BY BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARMET PARCEL 27WD CO., INC. ~ _ _ ._-- ~ v ~ -~- ~'- R. DECEMBER 1997 ~ ~ ~ ~ SCALE: 1" = 50' D O O ~ ~i ; I ; ~ ~ ~ o O ~ ~ I ~ ° ~ o FCI~ 2231 x ~ Wn~ ~ X ~ \ W~-p = ~ ~ ~ N ~ I ~ t` I ~ - ..~- ~ ~ i ~~ I ~ -' z ~ ; ~'' ~ O i I ~ r~ l PROPOSED 0.1694 ACRE I o ~ ~ RIGHT-OF-WAY ~ ' 56.91' ~ N 85'03'37" E ~ ~ ~ _ ~ i O i ~ ~ ~ N p ~ ~ i ~ I fTl ~ -' ~ o I C J1 O D D~7 N U? i ~ = O ~ fTl ~~ f~~ ~ m ~ O I I ~~~ N rT~ --I ~ i i D O (..r p ~l rr~*7 rnCl O ~ , ~ I ~~ri ~ O =-D` ~ N i D CnnO i ~ ~ ~ ~~ ~ J ~ ~ i OfTI~ n' rn i O) i ~NZ --~ I I C7 R. _ W ~ O _---_ _ ~ ----- S 85' 03' 37" ' ~ 59.16' ~ ~ z ~ ~ ~ ~ O i l U, ~ ~ Z i I O ~ i CDO-mp ~ i ~ N i JCp~ I ~ ~'" W i I i I r N j S. PATRICK ~ ~ : ~ 00 1,1111S = ~ ~ s-7i~c ~ ~. -~ FCM 2230 U ;= D ~O ~ 4'~gT~~`~~~k~;: ~ THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY ' ~ ~ LINE OF TRINITY PARK SECT N NUMBER SUBDIVISION BEING •'•.,FSS~Orjv,~~.~ ~ S 5'22'07' E AS DE~~T /~N PLAT : 0~J79/,~ '' '' /// ./.. ~~ !~ // AGE 86. BY: EXHIBIT A -PARCEL 27TE1 CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD PARMET CO., INC. DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning in the centerline of Avery Road at the northeasterly corner of said 2.064 acre tract, said corner being also the southeasterly corner of a 7.095 acre tract conveyed to Swickard Enterprises, Inc. by deed of record in O.R. 16313 J14; thence S 85° 03' 37" W, along the northerly line of said 2.064 acre tract, 56.91 feet to the true point of beginning of the easement described herein; Thence S 00° 14' S2" E, 46.44 feet to a point; Thence S 89° 45' 08" W, 5.00 feet to a point; Thence N 00° 14' 52" W, 46.03 feet to the northerly line of said 2.064 acre tract; Thence N 85° 03' 37" E, along said northerly line, 5.02 feet to the true point of beginning, containing 0.0053 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 7158 from an actual survey and available records in December, 1996 and January, 1997. The bearings are based on the bearing of S 5° 22' 07" E being the easterly line of the recorded plat of Trinity Park Section Number 1 Subdivision, of record in Plat Book 79, Page 86, Recorder's Office, Franklin County, Ohio. ~~~ EXHIBIT S ALL-STATE° INTEflNAT10NAL 11, 11111/1„1'' ~' + ~ ~ _.~ . •;; ` ,.r ~ - ~- s. ~<•; ~ ~icK ~...t t:a~Li.s •' ~ ;'1~~3 ' o- /~ . ~~ ~`'. J ~ .,l ~ S. `~1 ` 1 ,,~Y ~i~l•1 ~ 7 ~ 11 \ 11 ~~ ~~~ PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS 5085 REED ROAD COLUMBUS, OHIO 43220 WOERNER TEMPLE ROAD CITY OF DUBLIN EXHIBIT B - PARCEL 27TE1 PARMET CO., INC. O D ~~~ ~ Z w i ~ ~ ~ ~ _ ~_ ~ -R BER 1997 D r ~ ; - - DECEM w ~ ~ o ~ I ~ SCALE: 1" = 50' m~ ~ I ' ! I j cn cn ~ O I N ' I ~ X I (n f TI p i i ' Z n ~ O ~ X \ I I ~ ~ ' ~- I - - O I I ~ ~ ~ --1 - -R ~_ ~ i I i - i --' i ~ i ~ i i ' i ~ i I i I ' I I ' I ~ ~ N 85'03'37" E PCB ' 5.02' S 85'03'37' W i ~ ~ 56 91' ' O w I ~ ( ~ ORP POSED 0.005 ~~ ~ ~ ~ I o 0 ACRE TEMPORARY ~~ ~ i ' I CONSTRUCTION ~ o I ~ ~ o D EASEMENT ~ ~ O I i ~ ° `~ N 00' 14'52" W 46.03 ~ i ~ D i 0 t o -- o n o 00 .p ~ i I S 89'45'08" W ( ~ I ~ ~ o D~ 5.00' I ~ I ~ ~ c.n n o ~~ m 0 PARMET CO., INC. ; ~ I cn ~ ~ 2.064 ACRES - PARCEL 1 ~ O.R. 2966 H03 1~ ~ _ -~--~ ; ~ o ~ ~ I ~ I ~ ~~ ~ ~ ~~, '~~~ C~ ~ r'' 00 I ~ ;F . I ~. • - ' ~~~' e I ; i. ~ =. ``= ; I ;~ g w ~ ~ .t l ~ N ~ i ~ _ j S. PATRICK '; =;y ~ r*t ~ I ~ * Mt1lS D ~ n ~ i ~ 5-715II _~ i~„. ~ ~` ~~51'E'~ Y.r' D z THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY ~ LINE OF TRINITY PARK SECTION NUMBER 1 SUBDIVISION BEING S 5'22'07' E A D LNEATED N PI AT BOOK 79, PAGE 86. / _ ( ~ 2'~' ~ BY: , PROFESSIONAL SURVEYOR ,~ - EXHIBIT A -PARCEL 27TE2 CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD PARMET CO., INC. DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03 of the Franklin County Recorder's Office, and being more particularly described as follows: ~.. Beginning in the centerline of Avery Road at the southeasterly corner of said 2.064 acre tract, said corner being also the northeasterly corner of a 0.915 acre tract conveyed to S-One Properties Company by deed of record in D.B. 3741 P. 514; thence S 85° 03' 37" W, along the southerly line of said 2.064 acre tract, 59.16 feet to the true point of beginning of the easement described herein; Thence continue S 85° 03' 37" W, along said southerly line, 15.05 feet to a point; Thence N 00° 14' 52" W, 42.42 feet to a point; Thence N 89° 45' 08" E, 15.00 feet to a point; Thence S 00° 14' 52" E, 41.19 feet to the true point of beginning, containing 0.0143 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 7158 from an actual survey and available records in December, 1996 and January, 1997. The bearings are based on the bearing of S 5° 22' 07" E being the easterly line of the recorded plat of Trinity Park Section Number 1 Subdivision, of record in Plat Book 79, Page 86, Recorder's Office, Franklin County, Ohio. ~'i ~~ a /%YC ~~~~~ ~~ / EXHIBIT C.. ALL-STATE0INTERNATIONAL ,,,,,,,,,,,,,,, ,,~~' e-. 0 f ''~., ., O ; •., ~~'~ ,.,_ _.~, .. ~, - , . ~~ .,~: , 1` PLAT PREPARED BY BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 27TE2 PARMET CO., INC. DECEMBER 1997 SCALE: 1" = 50' O D ~J~ ' O rn ~~Z O~ ~ WDm ~n~ ~~ ~~~ ~ m cn ~I 0 v o~ of 2 I [) rn X ~J i I ~ I ~ ' -~ - I m I x I ~ I I I 1 I I ~ ~ ~ - ~ ~_ ~,~.- '- ~ ~ I ~ o ~ z ~ i I n ~ ~ ~ I ~ ' D __ C ---R.--- fT1 ° PROPOSED 0.0143 ACRE TEMPORARY ~ CONSTRUCTION I EASEMENTS ~/ N ss•45'of 15.00' PARMET CO., INC. 2.064 ACRES - PARCEL 1 O.R. 2966 H03 N 00' 14'52" W 42.42' _- 0 o z m 00 0 w `~ o ~cn~ m ~~ ~~rn ~r~ cn Cn n O -+~ ~ D Z S 85'03'37" W 15.05' E S ~ 00' 14'52" E 41.19' S 85'03'37' W 5916' i i POB I I I ' I i I I ~,.~ ~° ~ O ~ ~N(n ~ I ~rn O w o ~ i' ~°~< I D ~Dp ~ ~ n ~~ ~ ~ m I ~ i ~ n i ~ i i ,,.~:~ o r-- ~; .,. ~ r I `~~S `C.~" I -~ f ~- l s. PATRICK i ,~~ ~: ~!_i.s L ~~t~a ,, ' ~`~ C~STE`~~ .~' .;r •~. S~ovA~ sv•,,. THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY LINE OF TRINITY PARK S CTION NUj~BER 1 SUBDIVISION BEING S 5'22'07' E AS ELI TED IN LAT BOOK 79, PAGE 86. BY: ~C.-~ ~~ ,ESL' ' PROFESSIONAL SUR EYOR