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Home My WebLink About54-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.______54 98-___--- Passed --------------------19_ _ - - AN ORDINANCE TO APPROPRIATE A 0.2136 ACRE, MORE OR LESS, FEE SIlVIPLE INTEREST AND A 0.0532 ACRE, MORE OR LESS, TEIVIFORARY CONSTRUCTION EASEIVlEI~TT IN PROPERTY OWNED BY S-ONE PROPERTIES COMPANY, LOCATED ON THE WEST SIDE OF AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to extend Woerner 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" and "B" 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" and "B" are hereby appropriated for the public purpose of extending Woerner 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 Eighteen Thousand Dollars and 00/ 100 Cents ($18,000.00) 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. day of , 1998. /~ /~ Officer 1 hereby cect~fv that conies of t!•~~ ~r~}'ncfnce/~sselutien were posted in the Cty of D~Jbl~n ~n accordance w?b Sectron T31.25 of the Ohio Revised ode. _ j n~J Acting tl of (onncil, Dublin, Ohio R C~% Cl of Council \.J EXHIBIT A -PARCEL 26WD CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD S-ONE PROPERTIES COMPANY 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 0.915 acre tract conveyed to S-One Properties Company by deed of record in D.B. 3741, P. 514 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 2.367 acre tract conveyed to Columbia Gas of Ohio, Inc. by deed of record in O.R. 1475 F10 and also being the southeasterly comer of said 0.915 acre tract, said comer being N 01°15' 23" W, 350.60 feet from Franklin County Monument 2230, and being the true point of beginning of the tract described herein; Thence S 85° 20' 37" W, along the northerly line of said 2.367 acre tract, 60.87 feet to a point; Thence with a non tangent curve to the right, having a delta of 00° 55' 39", a radius of 7702.94 feet, and a chord of N 00° 42' 21" W, 124.68 feet to a point; Thence N 00° 14' 52" W, 30.08 feet to a point on the southerly line of a 2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03; Thence N 85° 03' 37" E, along said southerly line, 59.16 feet to a point on the said centerline of Avery Road, said point being S 01°51'45" E, 245.20 feet from Franklin County Monument 2231; Thence S 01° 15' 23" E ,along said centerline, 154.94 feet to the true point of beginning, containing 0.2136 acres, more or less, of which 0.1067 acres lies 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. -. ,. ~, •.. i S. PAl-RICK j~(' ~!;llS S-7158 ~ ~ ~~ /~~~ ,,,,,.~~J,s/o N A` Sv~J,,,. EXHIBIT ALL-STATES INTERNATIONAL PLAT PREPARED BY BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD ENGINEERS & ARCHITECTS CITY OF DUBLIN 5085 REED ROAD COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 26WD S-ONE PROPERTIES COMPANY FCM 2231 N O rn -f' .~ ~D~ ~ ~ ~mm N ~ --i CO rn I n rn O -i ~ D - W(~n -i O Z m ---- N 00' 14' 52" W 30.08' PROPOSED 0.2136 ACRE -~ RIGHT-OF-WAY-_ ~ = 00'55'39" ~{ R = 7702.94' I T = 62.34' L = 124.68' CH = N 00'42'21" W 124.68' S-ONE PROPERTIES COMPANY ~ 0.915 ACRES D.B. 3741 , PG. 514 n N O ~r ~ C J ~ W ~~D ' ~O ~,cmncDn ~ I O P,~~~~ o r ~~ _~ s S. PATRICK ~ ry~• : Z FAILLS -= n S•715(3 ~ ;~~i ~ ,o;'~• .,, ss~~ N A` gv,,,. I m X i I I 59.16' ,~ ~N 85'03'37 E N (Jt N O 0 N w m -rte S 85' 20' 37" W 60.87' I I -~ O O m I ° I ~ G7 --1 i I O I D I I ~ i I i 1 O i i i DECEMBER 1997 SCALE: 1" = 50' .p ~ ~ U'- ~ ~ I rn~ ~ i i m ,~ X O ~~~ I ~ ~ ~ ~~~ ~ o °~o ' ~ ~v ~ c~ ~- m ~ ~ o cn m ~ ~ ~" z ~ I ~ ( o O I ~ ~ m ~ D i ~ I POB - ~_ _ -R------- z o'' N W w O 0 D °' b FCM 2230 THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY LINE OF TRINITY PARK SECTION NUMBER t SUBDIVISION BEING S 5'22'07' E AS D~~IyEATED IN PLAT.,l~OOKi79, PAGE 86. BY: R EXHIBIT A -PARCEL 26TE CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD S-ONE PROPERTIES COMPANY DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a `.wl. 0.915 acre tract conveyed to S-One Properties Company by deed of record in D.B. 3741, P. 514 of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the northeasterly corner of a 2.367 acre tract j conveyed to Columbia Gas of Ohio, Inc. by deed of record in O.R. 1475 F10 and also being the southeasterly corner of said 0.915 acre tract; thence S 85° 20' 37" ` W, along the southerly line of said 0.915 acre tract, 60.87 feet to the true point of beginning of the easement described herein; s Thence continue S 85° 20' 37" W, along the southerly line of said 0.915 acre j tract, 15.03 feet to a point on anon-tangent curve; ~ Thence with a curve to the right, having a delta of 00° 56' 03", a radius of 7717.94 feet, and a chord of N 00° 42' 53" W, 125.83 feet to a point; Thence N 00° 14' 52" W, 28.84 feet to a point on the northerly line of said 0.915 acre tract; Thence N 85° 03' 37" E, along said northerly line, 15.05 feet to a point; Thence S 00° 14' S2" E, 30.08 feet to a point of curvature; Thence with a curve to the left, having a delta of 00° 55' 39", a radius of 7702.94 feet, and a chord of S 00° 42' 41" E, 124.86 feet to the true point of beginning, containing 0.0532 acres, more or less, and being more particularly delineated on j the attached Exhibit B. r 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. ~~~ ~~~ ' X10 3 /99~ R ~~ EXHIBIT ALL-STATE®INTERNATIONAL 111,,,11111,,,,,,..,,,. ~ ° ~ oy ~: ,` ..;~ :., :r y ~~ to S. F,\1rcICK ;+'_ ' ~ 1114..1.5 = ~_ 5-7158 q_ '"'~1', '14f. l~ e r~ `t/v/ji 14, ~1` C, 11111 'Y~~ 1 ,,/j///1111//11111 PLAT PREPARED BY BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD ENGINEERS & ARCHITECTS CITY OF DUBLIN 5085 REED ROAD COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 26TE S-ONE PROPERTIES COMPANY PARMET CO., INC. 2.064 ACRES -TRACT ONE O.R. 2966 H03 I ; ~ DECEMBER 1997 m ; SCALE: 1" = 50' I x ~ i PROPOSED 0.0532 ~ I ACRE TEMPORARY ~ I CONSTRUCTION I ~ ~ EASEMENT IN 85.03'37" E ~ I ° 15.05' , I ~ ~ D -I" X O Oti,m ---- o . , ~ cn w o ~ -P (1i i { ~ O D r ~ ; D = 00'55'39" _ ~ ~ ~ ~ = 00'56'03" N m ; R _ 7702 X94' ~ ow ~ z R = 7717.94' ~ ~ ; T - 62.34 I o -~ T = 62.92' ' L = 124.68' j' ~ L= 125.83' CH = S 00'42'41" E I D ~ CH = N 00'42'53" W 124.86' -< ~ 125.83' I ~ I . I li ; I ' - ~_. - _ -~-_ S-ONE PROPERTIES COMPANY POB i -~ 0.915 ACRES D.B. 3741 , PG. 514 s 8520'37" W so ~7' ---- S 85'20'37" W ~ ~ I ~ i 15.03' ~ I I ~ I ; D Q ~C ' r.> o ~ i (-T1 ~ I ~ m I w ~ ~ I ~ ~~ ° I ' ~ o O ; ~ f~ Cn I ~ ~ D S. PATRICK ~~; ~: '~' -,1 tLt.S O ~ ~ D ~ _ g•7156 ~- A ~ --~ z '' ~`~5~0 N A~ S ,, THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY LINE OF TRINITY PARK ECTION UMBER 1 SUBDIVISION BEING S 5'22'07" E A ELI EAT D I PLAT BOOK 79, PAGE 86. PROFESSIONAL SURVEYOR