The URL can be used to link to this page

Home My WebLink About56-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.----- ---56 =98--- Passed- -----_ -- - -- - -19-- AN ORDINANCE TO APPROPRIATE A 0.1277 ACRE, MORE OR LESS, FEE SIlVIPLE INTEREST AND A 0.0092 ACRE, MORE OR LESS, TIIVIPORARY CONSTRUCTION EASIIVIIIVT IN PROPERTY OWNED BY LUTHER EDWARD SHRADER, LOCATED ON THE EAST SIDE OF AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRAlvI~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" and "B" located in the City of Dublin, Franklin County, Ohio. NOW, ~ ~ + RE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concumng 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 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 Nineteen Thousand 00/100 Cents ($19,000.00) 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. /_ Presiding Officer aCti Cler f Council EXHIBIT A -PARCEL 21 WD CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD LUTHER E. SHRADER 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 0.616 acre tract conveyed to Luther E. Shrader by deed of record in O.R. 5028 C10 of {°~ the Franklin County Recorder's Office, and being more particularly described as follows: Beginning in the centerline of Avery Road at the southwesterly comer of a 0.941 '`" acre tract conveyed to Venus M. & Joseph A. Bee (Trustees) by deed of record in O.R. 199707070041187 and also being the northwesterly comer of the said 0.616 acre tract, said comer being N 03° 10' 01" E, 33.62 feet from Franklin County Monument 2231, and being S 01° 15' 23" E, 292.99 feet from Franklin County Monument 2211, and being the true point of beginning of the tract described herein; Thence N 84° 05' 36" E, 70.28 feet to a point passing an iron pin found at 25.43 feet; Thence S 00° 14' 52" E, 80.40 feet to a point; Thence S 84° 05' 36" W, 68.86 feet to a point on the said centerline, and passing an iron pin found at 43.31 feet; Thence N 01° 15' 23" W, 80.27 feet to the true point of beginning, containing 0.1277 acres, more or less, of which 0.0553 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. ,~P-C ~,,.~,r 'R'io- ~ O : .r= ;~ - '~ S, PATRICK ~ = i o j ,~1'i ~ O ~ ~D `c/STE~~ J~`':~ / ,~~'•~~,SSION A~ Sv~''~~,, EXHIBIT ALL-STATE"INTERNATIONAL PLAT PREPARED BY BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD ENGINEERS & ARCHITECTS CITY OF DUBLIN 5085 REED ROAD COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 21WD LUTHER E. S H RAD ER I 0 I ~ v I N ~ fri G7 I ~ I p -T1 I I i ~_ C~ DI ~ ~1 fTl J Z rn ' -~ O ca ~ WU'-o ~ ~ -~ ~ .~ m cn 1 Z I C7 FCM 221 1 N I ~, N I I w N ~ "' ' N j ~ I ! ~ POB w N O i cD i p,j O i r,~ r- FCM 2231Z~ Z i O i ~~ O -~ j N~ ~ J N 'W m X C fTl N O m x o a 70.28' ~. 5,43' °- ~~ N 84 05f3 ~ I I -~ 0 -o I O I o _~ 2 -I I I p I I I D -< r'`-68.86' ~ S 84'05'36 i i PROPOSED 0.1277 ACRE RIGHT-OF-WAY 0 0 -1~ CJ1 N m DECEMBER 1997 SCALE: 1" = 30' JOSEPH A. AND VENUS M. BEE, TRUSTEES 0.941 ACRES INSTR. 1 99707070041 1 87 LUTHER E. SHRADER 0.616 ACRES O.R. 05028 C10 1" ~ I 0 I i ~ 1 D 0 ~ ~ rn N ~ N _ NOOK ~ (J1 ,.~`` ~~~~~i~~~~ `E ~ F p''~,, ~ frl ~ ~ o :G> ~ " ~0' -'cnm N Z S. PATRICK ~ - I MILLS __ n = S•71s8 ~ v ~` , S ~ 'p ~i' ' ~ F p ~D ~ ; -~ a~ ~~ST CR '. ~~ ~'••.~S~Q N AL Sv~.•' THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY LINE OF TRINITY PARK SECTION NUMBER 1 SUBDIVISION BEING S 5'22'0T E AS DEU~NE/AT~D ~ PLAJ~K~9, WAGE 86. BY: PROFESSIONAL EXHIBIT A -PARCEL 21TE CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD LUTHER E. SHRADER DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 0.616 acre tract conveyed to Luther E. Shrader by deed of record in O.R. 5028 C10 of °_~ the Franklin County Recorder's Office, and being more particularly described as follows: Beginning in the centerline of Avery Road at the southwesterly corner of said "' ` 0.616 acre tract and also being the northwesterly corner of a 6.2185 acre tract conveyed to Mid-States Development Corp. by deed of record in O.R. 26514 D12; thence N 84° 05' 36" E, along the southerly line of said 0.616 acre tract, 68.86 feet to the true point of beginning of the easement described herein; Thence N 00° 14' 52" W, 80.40 feet to a point on the northerly line of said 0.616 acre tract; Thence N 84° 05' 36" E, along said northerly line, 5.02 feet to a point; Thence S 00° 14' 52" E, 80.40 feet to point on the southerly line of said 0.616 acre tract; Thence S 84° 05' 36" W, along said southerly line, 5.02 feet to the true point of beginning, containing 0.0092 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. l ~~ ~~~~~° ~~ , EXHIBIT B ALL-STATE®INTERNATIONAL S. P~,T~ICK _,~, _ ;~" ~ h~li.l.S _ _ ~~ 5-1158 ~:- _ t1•a.T l~' ~l, ~` PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS 5085 REED ROAD COLUMBUS, OHIO 43220 EXHIBIT B LUTHER I I I~ I \ 0 I I o I ~ ~ O TI ID -< I ° DI ~ ~I ~~z ~ ' -~ wpm W ~" ~ ~I .~ m (/) I Z I C7 rn x ~ ~ X17 WOERNER TEMPLE ROAD. CITY OF DUBLIN E. PARCEL 21TE SHRADER i I I O D ~ 0 ~ ~ ~ i i i i ~ I ~ N 84'05'36" E I ~ 5.02' ~ ~ _ ~- ~ _~-- ~ ~ z ~ o ! ~ o ~ ~ ~ i c.n ~ N PROPOSED 0.0092 ACRE ~ TEMPORARY CONSTRUCTION I 0 ~ o I m 0 c~ I 0 D 0 o, -~ N m DECEMBER 1997 SCALE: 1" = 30' JOSEPH A. AND VENUS M. BEE, TRUSTEES 0.941 ACRES INSTR. 199707070041187 LUTHER E. SHRADER 0.616 ACRES 0. R. 05028 C 10 EASEMENT ~ ~V~ m x o 0 I ~ 0 0 POB -- I ' _-~_- N 84'06 E _ _ 68.86' S 84'05'36" W o ~ 5.02' ~ ~ ~ I I -D-+ O I i ~°'~ N ~ ~ i _~ fTl I i ~ -{'n0 ~ om~ i ~ -,cnm i N I ~ ~,~ ~,~ ,~ff ~a '. . ~~ ~~ ~'~ J g. {~n1kICK ~~ MuIS ~ 4 S % . ~ n' ` ~~ r _ v~ C/Sl't:~ 1..~`' i I (') O :i7 THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY LINE OF TRINITY PARK SECTION UMBER t SUBDIVISION BEING S 5'22'07' E AS U T D P T BOOK~79, PAGpE 86. PROFESSIONAL SU VEYOR