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HomeMy WebLinkAbout022-01 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co Form No 30043 _ Ordinance No...........22-01 Passed AN ORDINANCE TO APPROPRIATE A 0.016 ACRE, MORE OR LE5S, BIKEPATH EASEMENT, FROM THEODORE M. DAROSKI AND KIMBERLY A. DAROSKI, LOCATED WEST OF DUBLIN ROAD (DUBLIN-BELLEPOINT/S.R. 745) AND NORTH OF BRAND ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to construct a bikepath along Dublin Road between Brand Road and Brandonway Drive; and WHEREAS, said improvement will require the City of Dublin to obtain a permanent bikepath easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio. NOW, 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 in and to the premises located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the legal description attached hereto as Exhibit "A" is hereby appropriated for the public purpose of constructing a bikepath along Dublin Road between Brand Road and Brandonway Drive, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. 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. Section 3. 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 4. There has been appropriated from the Capital Improvements Tax Fund One Thousand Eighty Dollars ($1,080.00) to account 401-0314-2550 for the purpose of paying all costs incident to such acquisition. Section 5. 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 construction of the bikepath on Dublin Road between Brand Road and Brandonway Drive 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 thi 7'~ day of r , 2001. or -Presiding Officer ATTEST: ~-Q- Clerk of Council i hereby certify tbat copies of this Ordinnnce~Resolution were posted in City of Dublin in accordance w~tb Section 731.25 of the tthio Revised Co . r ~~:.[.(.+~CJ • Q of Council, Dublin. Ohio _ PARCEL B-13 Page 1 of 1 CITY OF DUBLIN, OHIO THEODORE M. DAROSKI & KIMBERLY A. DAROSKI DESCRIPTION OF PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD Situated in the State of Ohio, County of Franklin, City of Dublin, in the V.M.S. #2543 and being part of a 0.919 acre parcel conveyed to Theodore M. Daroski & Kimberly A. Daroski by Deed of Record in Official Record 32577, Page F09, of the Franklin County Recorder's Office, and being more particularly described as follows: Beginning at the point of intersection of the existing westerly right-of--way line of Dublin Road (Dublin-Bellepoint/State Route 745) with the grantor's southerly property line the same being the northerly right-of--way line of Brand Road, said point being the grantor's southeasterly property corner; err Thence with grantor's southerly property line also being the northerly right-of--way line of Brand Road S 89° 40' 33" W, a distance of 20.00 feet to a point; Thence leaving said southerly property line N 02° 06' O1" E, a distance of 67.93 feet to a point on the existing westerly right-of--way line of said Dublin Road (Dublin- Bellepoint/State Route 745); Thence with said westerly right-of--way line S 14° 29' 10" E, a distance of 70.00 feet to the true point of beginning and containing 0.016 acres, more or less. Subject to all legal highways, easements and restrictions of record. The bearings for this description and drawing are based on the bearing of S I S° 46' 47" E, for the centerline of Dublin Road (Dublin-Bellepoint/State Route 745) as shown on the plat of Brandon Section 4, recorded in Plat Book 71, Page 02, on file at the Franklin County Recorder's Office. This description is based on a survey made, under the direction and supervision of Abdul- Wadood A. Haider, P.S. #6350 of CLYDE E. WILLIAMS & ASSOCIATES, INC., APRIL of 1996. Grantor claims title of instrument(s) of record in O.R. 32577, Page F09, of the Franklin County Recorder's Office. A drawing of this description is attached and made a part thereof. CEWA w~ r,,..••••••:~:..,o,.I,, CLYD/E'~E.,~WILL"IA,~M~S_& ASSOCIATES, INC. ]tilul-MN~N' Abdul-Wadood A. Haidcr, P.S. #6350 L idler ~ ~ =•ooesso o ~ • DATE• 9- Z ~ - ~ 0 s%J'•'~./STE~~~w . EXHIBIT • PARCEL B-13 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD FRANKLIN COUNTY CITY OF DUBLIN V.M.S. 2543 PROP. PERMANENT SCALE: 1 "=50' ®BIKEPATH EASEMENT 0 50 100 O R f 4 1S4gCf Mq~R I~ (P,gRCE( N~ 0 2, qG f IOf R w 8 00p615~ 80' rHfOpORf KIMB M' DARO .I fRCY q SK/ AND 0. 0'919 ACt ROSK! w ~ w (PqR E~ 32517, pgcf w I ~ N0, ` F09 w I 3 p00882~ o ~ rn ~ ~ CV) ~ • d' O N O ~ ~ C!) Z O~• M ~ I m ~13 z m z Z +,IIIM11111„„•• 0.016 ACt g ~ ~ ~ ~ ~ f o O m 0 4~ ~X~ 8g •4p ,3 . o o : " ~ • 1Md•/did u R/{y 3 w ~ ~ w. Mwet i Z Z ~ !•111151 ~ ' . ; r>r~ ~,~fk. R BRAND RD• ~ ~I W w BASIS OF BEARING: THE BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED ON THE BEARING OF S 15'46'47"E FOR THE CENTERLINE OF DUBLIN ROAD (DUBLIN-BELLEPOINT/STATE ROUTE 745) AS SHOWN ON THE PLAT OF BRANDON SECTION 4, RECORDED IN PLAT BOOK 71, PAGE 02, ON FILE AT THE FRANKLIN , COUNTY RECORDER'S OFFICE. c~~~-GfQ~p77,1 ~~~~'d ABDUL-WADOOD A. HAIDER DATE: q-2(~ - 2000 REGISTERED SURVEYOR N0. 6350 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD CLYDE E. WILLWAS dt ASSOCN7ES, INC. 130 E WILSON BRIDGE ROAD WORRiINCiON, OHIO 43083