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Home My WebLink About045-01 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No............45-0.1 Passed AN ORDINANCE TO APPROPRIATE A 0.5356 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.1192 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM DONALD S. DEARTH AND BETTY M. DEARTH, LOCATED EAST OF AVERY ROAD, SOUTH OF WOERNER- TEMPLE ROAD AND NORTH OF RINGS ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to widen and install general utilities along a portion of Avery Road between Woerner-Temple Road and Rings Road; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest and 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. WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding for this acquisition. 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 fee simple interest and 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 widening and installation of general utilities along a portion of Avery Road between Woerner-Temple Road and Rings Road, 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 Eleven Thousand Two Hundred Sixteen Dollars and 00/100 Cents ($11,216.00) which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owner of the property appropriated as her interest may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the 'd property pursuant to law. m~ .Q C e'~a Section 3. 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, and that the a City intends to obtain immediate possession of the property. d ~ N Section 4. The City Law Director is directed to file a complaint for appropriation in the Franklin ~ a County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the o ~ real estate herein described above. e t' o a .3 ~ Section 5. There has been appropriated from the Water Fund and the Capital Improvements Tax d ~ ~ Fund Eleven Thousand Two Hundred Sixteen Dollars and 00/100 Cents ($11,216.00) to account 610- ° 0312-780-2561 and 401-0314-780-2550 for the purpose of paying all costs incident to such acquisition. _ o V ~V c ~ _ ~ o Section 6. This ordinance is hereby declared to be an emergency necessary for the immediate t o preservation of the public health, safety and welfare. The reason for such necessity is that the prompt r Q ~ widening and installation of general utilities along a portion of Avery Road between Woerner-Temple o Road and Rings Road is necessary to improvement traffic circulation and relieve traffic congestion for ~ the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. ~v Passed is ~ day of ~ , 2001. e C ay residing Officer ATTEST: I ~ Clerk of Council _ ...v r ~ _ . PAGE 1 OF 1 EXHIBIT A -PARCEL 21 WD CITY OF DUBLIN BETTY M. DEARTH DESCRIPTION OF PERMANENT RIGHT-OF-WAY SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, AND BEING PART OF A 26.2186 ACRE TRACT CONVEYED TO BETTY M. DEARTH BY DEED OF RECORD IN OFFICIAL RECORD 30673 D06 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FRANKLIN COUNTY MONUMENT FCGS 7749 FOUND AT THE NORTHWESTERLY CORNER OF THE SAID 26.2186 ACRE TRACT IN THE OLD CENTERLINE OF AVERY ROAD, AND BEING THE TRUE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN; THENCE N84°04'56"E, ALONG THE NORTHERLY LINE OF THE SAID 26.2186 ACRE TRACT, 30.01 FEET TO AN IRON PIN SET; THENCE S04°14'55"E, 3.38 FEET TO AN IRON PIN SET; THENCE S02°02'04"W, 515.94 FEET TO AN IRON PIN FOUND ON THE SOUTHERLY LINE OF THE SAID 26.2186 ACRE TRACT; THENCE S84°48'S7"VV, ALONG THE SAID SOUTHERLY LINE, 60.28 FEET TO AN IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID 26.2186 ACRE TRACT ON THE OLD CENTERLINE OF AVERY ROAD; THENCE N05°17'15"E, ALONG THE WESTERLY LINE OF THE SAID 26.2186 ACRE TRACT AND THE OLD CENTERLINE OF AVERY ROAD, 523.56 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.5356 ACRES, MORE OR LESS, OF WHICH 0.3606 ACRES LIES WITHIN THE EXISTING ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.1750 ACRES NOT WITHIN THE EXISTING ROAD RIGHT-OF-WAY. THIS DESCRIPTION WAS PREPARED BY BURGESS & NIPLE, LIMITED, BY S. PATRICK MILLS, PROFESSIONAL SURVEYOR 7158 FROM AN ACTUAL SURVEY AND AVAILABLE RECORDS IN DECEMBER, 2000. THE BEARINGS USED HEREIN ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM WITH THE LINE BETWEEN FCGS 2229 AND FCGS 2230 BEING N05°40'27"W FROM AVAILABLE RECORDS, AND FIELD INFORMATION. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART HEREOF. r BY• / ZOr~'/ DATE J S. PATRICK MILLS _ &7158 ~ 3 .p O Rf~isrEa~~ J~:' v~ EXHIBIT 27974~P21 PREPARED BY: EXHIBIT B-PARCEL 29WD BURGESS & NIPLE, LIMITED 0.5356 ACRE ENGINEERS & ARCHITECTS AVERY ROAD 5085 REED ROAD coLUMeus, OHIO 43220 PERMANENT RIGHT-OF-WAY FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO AVERY LAND, I I AN OHI00 RENpp291 Pg04NERSHIP ~ \ 52.753 ACRES FRANKLIN COUNTY I ~ 30.01' MONUMENT FCGS 7749 ; ~ N g4'04'S6" E IYrrr & P.0.8. ~ - 0 N ' ~ w i ~ w ~ ~ ~ w~ ' m ~ in ~ SCALE: 1 ° = 100' ~ ~ ~ O'NO, ~ ~ Z ~ d. ~r BETfY M. DEARTH ' ~ ° O.R. 30673 D06 W ~ ' ~ 0 26.2186 ACRES Q Q ~ ~ 3 N ~ ' o , PROPOSED 0.5356 ACRE ~ , RIGHT-OF-WAY 0 , z ~ , w ~ _ 60.28' ~ BANDY CORNERS SECTION 2 g 84'48'57" W FRANKLIN COUNTY MONUMENT FCGS 7748 3 0 0 3 / ~E p J :~`~P yip=; TOTAL TAKE = 0.5356 ACRES ~ LEGEND ~ ~ f ~ P.R.O. = 0.3606 ACRES s.. PATRICK yt. i NET = 0.1750 ACRES 3 O IRON PIN FOUND MILLS ~ • IRON PIN SET &7158 o RAIL ROAD SPIKE FOUND % ~ q ~ O : THE BEARINGS USED HEREIN ARE BASED ON °a RAILROAD SPIKE SET ' FC~STEaF' THE OHIO STATE PLANE COORDINATE SYSTEM v ~J WITH THE LINE BETWEEN FCGS 2229 AND / ~ MONUMENT FOUND S V a , /QNA1, S FCGS 2230, BEING N05'40'27"YV FROM THE ®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION. n a DRAWN CHECKED JOB N0. BY: ~ Z/ Zoo/ "'""a/' DLR SPM 27974 PROFESSIONAL SURVEYOR D~ ATE - PAGE 1 OF 1 EXHIBIT A -PARCEL 21TE - CITY OF DUBLIN BETTY M. DEARTH DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, AND BEING PART OF A 26.2186 ACRE TRACT CONVEYED TO BETTY M. DEARTH BY DEED OF RECORD IN OFFICIAL RECORD 30673 D06 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE, AT A FRANKLIN COUNTY MONUMENT FCGS 7749 FOUND AT THE NORTHWESTERLY CORNER OF THE SAID 26.2186 ACRE TRACT IN THE OLD CENTERLINE OF AVERY ROAD; THENCE N84°04'56"E, ALONG THE NORTHERLY LINE OF THE SAID 26.2186 ACRE TRACT, 30.01 FEET TO AN IRON PIN SET AND THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED HEREIN; m THENCE N84°04'56"E, ALONG THE NORTHERLY LINE OF THE SAID 26.2186 ACRE TRACT, 10.00 FEET TO A POINT; THENCE S04°14'55"E, 4.22 FEET TO A POINT; THENCE S02°02'04"W, 515.22 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SAID 26.2186 ACRE TRACT; THENCE S84°48'57"W, ALONG THE SAID SOUTHERLY LINE, 10.08 FEET TO AN IRON PIN FOUND; THENCE N02°02'04"E, 515.94 FEET TO AN IRON PIN SET; THENCE N04°14'S5"W, 3.38 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.1192 ACRES, MORE OR LESS. THIS DESCRIPTION WAS PREPARED BY BURGESS & NIPLE, LIMITED, BY S. PATRICK MILLS, PROFESSIONAL SURVEYOR 7158 FROM AN ACTUAL SURVEY AND AVAILABLE RECORDS IN DECEMBER, 2000. THE BEARINGS USED HEREIN ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM WITH THE LINE BETWEEN FCGS 2229 AND FCGS 2230 BEING N05°40'27"VV FROM AVAILABLE RECORDS, AND FIELD INFORMATION. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO A/NDlMADE PART HEREOF. gY• y ~/~~y~ st.. Z/ DATE 1.~. ; ~ 1 - j S,, PATRICJ( MILLS 8.7158 ~ A p ~.p0 RFG/STEPF~ EXHIBIT 8 27974~P21TE w PREPARED BY: EXHIBIT B-PARCEL 21TE BURGESS & NIPLE, LIMITED 0.1192 ACRE ENGINEERS & ARCHITECTS AVERY ROAD 5085 REED ROAD coLUMBUS, oHlo 43220 TEMPORARY EASEMENT FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO r P.0.6. AVERY LAND, I AN OHIO GENERAL PARTNERSHIP N 84'04 56 E , p,R. 00291 B04 30.01' I ~ 52.753 ACRES ~ FRANKLIN COUNTY ~ 10.00 MONUMENT FCGS 7749 ; ~ N 84.0456° E +Y~Iw & P.0.6. i I I I I I Z N I ~ O O I I I ~ ~ ~ N I I 1 (J1 (J7 I 1, I 1 I I I ~ m ~ i ~ , SCALE: 1 ° = 100' Q ~ ' I ~ ~ BAY M. DEARTH I o ~iv o O.R. 30673 D06 W ~ ~ o y~~,{{ ~ 0 26,2186 ACRES ~ Ilno~lno I I i N 1 I ' I PROPOSED 0.1192 ACRE TEMPORARY EASEMENT I I I I ' I I I , I NYr+ I I I 3 SANDY CORNERS SECTION 2 I ~ 10.08' I S 84'48'57" W FRANKLIN COUNTY MONUMENT FCGS 7748 c~ 3 0 i ;;;~Q• 'S~jo ; ~ LEGEND ,~f S.PATRIGK ~Ir MILS O IRON PIN FOUND 5.7158 ~ ~ IRON PIN SET ~ p o RAIL ROAD SPIKE FOUND ~ gFC/STEa~~ THE BEARINGS USED HEREIN ARE BASED ON ~ ~ RAILROAD SPIKE SET 1Q S WITH THE L NET BETWE N CFCGSDI2229 AND EM ? MONUMENT FOUND ~~''r,.S,,„~ HAL FCGS 2230, BEING N05'40'27"VV FROM THE a, ®PK NAIL FOUND AVAILABLE RECORDS, AND FlELD INFORMATION. n a DRAWN CHECKED JOB N0. BY: ~ ~ifL~/ 2OO/ ' ~ DLR SPM 27974 ~ PROFESSIONAL SURVEYOR DATE a