HomeMy WebLinkAbout108-00 Ordinance ......~,..r....
RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No ....................................1Q8~Q0........... Passed
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE CONVEYANCE DOCUMENTS BACK TO SELECT
LANDOWNERS FOR THE CORRECTION OF AN ODOT SURVEYING
* ERROR, LOCATED ON STATE ROUTE 161 BETWEEN RIVERSIDE
DRIVE AND SAWMILL ROAD, CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO.
WHEREAS, Dublin has determined the necessity to widen and expand Dublin-Granville
Road (S.R. 161) to afour-lane divided facility from west of Dale Drive to Sawmill Road;
WHEREAS, Dublin has passed Ordinance Nos. 34-92, 95-92, 65-93, and 80-99 establishing
a cooperative agreement with the State of Ohio, Department of Transportation ("ODOT") for
the widening project;
WHEREAS, ODOT, by way of the cooperative agreement, has acted on behalf of Dublin
by performing all the necessary right-of-way acquisition and negotiations;
WHEREAS, ODOT, as part of the right-of--way acquisition, had the necessary surveys and
legal descriptions prepared;
WHEREAS, a surveying error occurred affecting the landowners' property north of S.R.
161; and
WHEREAS, prior to finding the surveying error, ODOT had successfully negotiated
settlement and recorded the transfer real estate transfers with the Franklin County Recorder's
Office with five (5) affected landowners: Jack K. and Aileen Vogel, Charles W. Warner, Jr.
~ and Edward E. Belz, Donnabelle Scott, Trustee, S. L. Pierce Enterprises, and James M. and
Lois N. Harkness;
WHEREAS, to correct the surveying error, the Franklin County Recorder's office is
requiring the real estate be deeded back by Dublin to the landowner and then the landowners
will deed the property back to Dublin with the corrected survey;
NOJJV, THEREFORE, be it resolved by the Council, of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. Dublin authorizes the City Manager to execute appropriate real estate conveyance
documents to correct the surveying error that occurred on the S.R. 161 road-widening project.
Section 2. This Ordinance is declared to be an emergency measure for the immediate
preservation of the public peace, health, safety or welfare, and for the further reason of
executing the Agreement; therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
Passedthis day of , 2000.
I
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Mayor -Presiding Officer
ATTEST:
Clerk of Council I hereby certify that copies of this Ord_nancetResolution were posted i the
City of Dohlin in accordance with Section 731.25 of the Ohio Revised C de.
(1 T~~II.N~~\108-00 CONVEYANCE - ODOT.DOC
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CHOTTENSTEIN, ZOX ~ DUNN
A Legal Professional Association
ONE CLEVELAND CENTER THE HUNTINGTON CENTER BANK ONE TOWERS
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CLEVELAND, OHIO 44114 TELEPHONE 614/462-2700 ~ Fnx 614/462-5135 CINCINNATI, OHio 45236-2926
TELEPHONE 216/621-6501 WEBSITE: WWW.SZD.COM TELEPHONE 513/792-2730
MEMORANDUM
TO: Dublin City Council
Timothy C. Hansley, City Manager
FROM: Philip K. Hartmann, Assistant Law Director
DATE: August 10, 2000
RE: State Route 161/Sawmill Road
An Ordinance has been placed on the August 1~ 2000, Agenda regarding the City's joint
effort with the Ohio Department of Transportation's ("ODOT") widening of State Route 161
between Dale Drive and Sawmill Road. It has recently come to ODOT's attention that a
surveying error has occurred on the north side of the road. The error has approximately caused a
three (3) foot shift of the property lines.
As a result of the error, new legal descriptions need to be prepared to be attached to
appropriate conveyance documents. ODOT has already successfully negotiated and recorded
deeds with the County Recorder's Office that included this surveying error. The affected
landowners are Jack K. and Aileen Vogel, Charles W. Warner, Jr. and Edward E. Belz, Donnabelle
Scott, Trustee, S. L. Pierce Enterprises, and James M. and Lois N. Harkness.
The Franklin County Recorder's Office has been consulted and has requested that the ,
appropriate way to have this matter corrected would be for the City to deed back the property to
the landowners with the surveying error. Thereafter, the landowners would immediately deed
back to the City the property with the corrected survey.
The purpose of this Ordinance is to authorize the City Manager to execute these deeds
and correct the surveying problem.