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Home My WebLink About047-01 Ordinance _ _ ,K RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No............47-01 Passed AN ORDINANCE TO APPROPRIATE A COMBINED 1.4693 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.1186 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT, FROM BATES PROPERTY MANAGEMENT, LOCATED NORTH OF SHIER-RINGS ROAD AND WEST OF EITERMAN 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 widen and install general utilities along Eiterman Road between Shier-Rings Road and S.R. 161/U.S. 33; and WHEREAS, said improvement will require the City. of Dublin to obtain a fee simple interest and permanent utility easement in and to the premises described in the attached Exhibits "A", "B" and "C" 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 permanent utility 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", "B" and "C" are hereby appropriated for the public purpose of widening and installation of general utilities along Eiterman Road between Shier-Rings Road and S.R. 161/CT.S. 33, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby faces the value of the interests appropriated at Thirty Thousand Nine Hundred Dollars and 00/100 Cents ($30,900.00) 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 its ~ interest may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon ~ ~ the property pursuant to law. NG •N d ~ d Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City ,e has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. a a Section 4. The City Law Director is directed to file a complaint for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the v M C, 1'~ real estate herein described above. ~ s Section 5. There has been appropriated from the Water Fund and Capital Improvements Tax 0 3 ° Fund Thirty Thousand Nine Hundred Dollars and 00/100 Cents ($30,900.00) to account 610-0312- 780-2561 and 401-0314-780-2550 for the purpose of paying all costs incident to such acquisition. ~ ~ :a o ~ a Q ~ Section 6. This ordinance is hereby declared to be an emergency necessary for the immediate o preservation of the public health, safety and welfare. The reason for such necessity is that the prompt o widening and installation of general utilities along Eiterman Road between Shier-Rings Road and S.R. y ~ 161/[J.S. 33 is necessary to improvement traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. day of f `r, l , 2001. v Passed this or -Presiding Officer ATTEST: Clerk of Council i _ . . _ _ . w .r ~ .a_,..=.~.._.~.~..~~,~ PAGE 1 OF I EXHIBIT A -PARCEL 4A-WD CITY OF DUBLIN • BATES PROPERTY MANAGEMENT, LTD. DESCRIPTION OF PERMANENT RIGHT-OF-WAY SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, AND BEING PART OF A 64.297 ACRE TRACT CONVEYED TO BATES PROPERTY MANAGEMENT, LTD BY DEED OF RECORD IN OFFICIAL INSTRUMENT 200002010022500 OFTHE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT FRANKLIN COUNTY MONUMENT FCGS 7752 FOUND AT THE SOUTHEASTERLY CORNER OF THE SAID 64.297 ACRE TRACT AT THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD, AND BEING THE TRUE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN; jr THENCE S85°44'20"W, ALONG THE SOUTHERLY LINE OF THE SAID 64.297 ACRE TRACT AND THE CENTERLINE OF SHIER RINGS ROAD, 581.50 FEET TO A RAILROAD SPIKE SET; THENCE N04°15'40"W, 35.00 FEET TO AN IRON PIN SET; THENCE N85°44'20"E, 35.00 FEET NORTHERLY OF AND PARALLEL TO THE SAID SOUTHERLY LINE AND CENTERLINE OF SHIER RINGS ROAD, 511.48 FEET TO AN IRON PIN SET; THENCE N40°43'14"E, 21.21 FEET TO AN IRON PIN SET; THENCE N04°17'52"W, 55 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY LINE OF THE SAID 64.297 ACRE TRACT AND THE CENTERLINE OF EITERMAN ROAD, 544.99 FEET TO AN IRON PIN SET; THENCE N85°42'08"E, 55.00 FEET TO A RAILROAD SPIKE SET IN THE CENTERLINE OF EITERMAN ROAD AND THE EASTERLY LINE OF THE SAID 64.297 ACRE TRACT; THENCE S04°17'52"E, ALONG THE SAID EASTERLY LINE AND THE CENTERLINE OF EITERMAN ROAD, 595.02 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.1769 ACRES, MORE OR LESS, OF WHICH 0.6609 ACRES LIES WITHIN THE EXISTING ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.5160 ACMES NOT WITHIN THE EXISTING ROAD RIGHT-OF-WAY. THIS DESCRIPTION WAS PREPARED BY BURGESS 8~ 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. r~ A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART HEREOF. BY: G ZOU// DAT ~P,~,~.~ 0 F ~'Si ~ r 3. PATRICK O - MILLS ~ - ~ S•7158 ~ O: (n ~~'••.~S~O N Al. ~s~~~~,• EXHIBIT 27974~P4A _ PREPARED BY: EXHIBIT B-PARCEL 4A-WD BURGESS & NIPLE, LIMITED 1.1769 ACRES ENGINEERS & ARCHITECTS EITERMAN ROAD 5085 REED ROAD coL.uMBUS, OHIO 43220 PERMANENT RIGHT-OF-WAY FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO 25' ROAD RIGHT-OF-WAY ~ , 55.00' ~ ' N 85' 42' 08" E ~wr i i PROPOSED 1.1769 ACRES , PERMANENT RIGHT-OF-WAY Z ° BATES PROPERTY MANAGEMENT, LTD. ~ ~ ~ 1 ~ tD AN OHIO LIMITED PARTNERSHIP ~ ~ ~ UJ-, o INSTRUMENT 200002010022500 N co N 64.297 ACRES ~ ~m m 'm SCALE: 1" = 100' ~ ~ Z ? a~ D 51 1.48' ~ I ~ N 85'44'20" E _ ' P.O.B. R~ ~ 1!1!1_ ` - - - - OAD 581.50 ~ ~ SHIER RINGS R S 85•44'zo" w ' Z ° ~ I I o ~ 25' ROAD RIGHT-OF-WAY FRANKLIN COUNTY ~ MONUMENT FCGS 7752 ~ '~'`'P~ tiro' v { S. PATRICK TOTAL TAKE = 1.1769 ACRES a LEGEND MILLg P.R.O. = 0.6609 ACRE O IRON PIN FOUND S•7158 NET = 0.5160 ACRE ~ • IRON PIN SET ~ 9 ~ o RAIL ROAD SPIKE FOUND ' ~C~STER~~ ~ THE BEARINGS USED HEREIN ARE BASED ON RAILROAD SPIKE SET ~%F'~S` vQ` : ~ THE OHIO STATE PLANE COORDINATE SYSTEM ~ ~ ~~NAI S WITH THE LINE BETWEEN FCGS 2229 AND d/, O MONUMENT FOUND FCGS 2230, BEING N05'40'27'1N FROM THE n ®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION. a DRAWN CHECKED JOB N0. BY, . , ~ Z~ a DLR SPM 27974 pR SSIONAL SURVEYOR DATE PAGE 1 OF 1 EXHIBIT A -PARCEL 4A-PE CITY OF DUBLIN BATES PROPERTY MANAGEMENT, LTD. DESCRIPTION OF PERMANENT DRAINAGE AND UTILITY EASEMENT SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, AND BEING PART OF A 64.297 ACRE TRACT CONVEYED TO BATES PROPERTY MANAGEMENT, LTD BY DEED OF RECORD IN OFFICIAL INSTRUMENT 200002010022500 OFTHE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE, AT FRANKLIN COUNTY MONUMENT FCGS 7752 FOUND AT THE SOUTHEASTERLY CORNER OF THE SAID 64.297 ACRE TRACT AT THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD; THENCE S85°44'20"W, ALONG THE CENTERLINE OF SHIER RINGS ROAD AND THE SOUTHERLINE OF THE SAID 64.297 ACRE TRACE, 581.50 FEET TO A POINT; irrrr THENCE N04°15'40"W, 35.00 FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED HEREIN; THENCE N04°15'40"W, 10.00 FEET TO A POINT; THENCE N85°44'20"E, 45.00 FEET NORTHERLY OF AND PARALLEL TO THE SAID SOUTHERLY LINE AND CENTERLINE OF SHIER RINGS ROAD, 521.47 FEET TO A POINT; THENCE S40°43'14"W, 14.14 FEET TO A POINT; THENCE S85°44'20"W, 35 FEET NORTHERLY OF AND PARALLEL TO THE SAID SOUTHERLY LINE AND CENTERLINE OF SHIER RINGS ROAD, 511.48 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.1186 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"W FROM AVAILABLE RECORDS, AND FIELD INFORMATION. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART HEREOF. BY: 2 ' c~~ ZED/ DA E ,,,''~~~~~OF„0~~, ; ~ f ~Q' y~0. • S.. PATRIGf MILLS 8.7158 4 O •i~~` ~fQ~STER~' ,fir: ~S~~NAL 5~~• EXHIBIT " 27974~P4APE PREPARED BY: EXHIBIT B-PARCEL 4A-PE BURGESS & NIPLE, LIMITED .0.1186 ACRE ENGINEERS & ARCHITECTS 5085 REED ROAD EITERMAN ROAD COLUMBUS, OHIO 43220 DRAINAGE AND UTILITY EASEMENT FOR: THE CITY OF DUBLIN, oHlo DUBLIN, 01-110 I ~ , ~L I - -t f ~ z I ~ - 1 j ' I I' I PROPOSED 0.1186 ACRE , DRAINAGE AND UTILITY EASEMENT I ' I I BATES PROPERTY MANAGEMENT, LTD. AN OHIO LIMITED PARTNERSHIP I I INSTRUMENT 200002010022500 i ~ I 64.297 ACRES ~ I ~ i ' m SCALE: 1 " = 100' I I ~ m Z I ' I ~ D o ~ ~ , i Z cn o 521.47' i ~ o N 85'44'20" E a ' O 511.48' ~ ~ , O ~ S 85'44'20' W l r~~~zlzJZZ'rlsr_ z~-~~.I' - - - J P.0.8. rf~~V~`=`= _ 581.50' -R/w - ROAD ~ SHIER RINGS Z i i ~ ~w ° ~ i I 3 ~ o FRANKLIN COUNTY w MONUMENT FCGS 7752 a a LEGEND s PATRICK O IRON PIN FOUND = * MILLS 5-715E ~ • IRON PIN SET O o RAIL ROAD SPIKE FOUND ~falSTEFF'~ THE BEARINGS USED HEREIN ARE BASED ON o ~ ~J THE OHIO STATE PLANE COORDINATE SYSTEM a RAILROAD SPIKE SET , 1pNA~ v s S WITH THE LINE BETWEEN FCGS 2229 AND ? MONUMENT FOUND FCGS 2230, BEING N05'40'27"W FROM THE ~ ®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION. rn n % DRAWN CHECKED JOB N0. BY. Z~~_ a DLR SPM 27974 PR ESSIONAL SURVEYOR , DATE • PAGE 1 OF 1 EXHIBIT A -PARCEL 46-WD CITY OF DUBLIN BATES PROPERTY MANAGEMENT, LTD. DESCRIPTION OF PERMANENT RIGHT-OF-WAY SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, AND BEING PART OF A 13.541 ACRE TRACT CONVEYED TO BATES PROPERTY MANAGEMENT, LTD BY DEED OF RECORD IN INSTRUMENT 199909270242858 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT FRANKLIN COUNTY MONUMENT FCGS 7752 FOUND AT THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD; ~ THENCE N04°17'52"W, ALONG THE SAID CENTERLINE OF EITERMAN ROAD, - 2478.32 TO A RAILROAD SPIKE SET AT THE TRUE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN; THENCE S85°42'08"W, 45.00 FEET TO AN IRON PIN SET; THENCE N04°17'52"W, 45 FEET WESTERLY OF AND PARALLEL TO EASTERLY LINE OF THE SIAD 13.541 ACRE TRACT AND THE CENTERLINE OF EITERMAN ROAD, 282.80 FEET TO AN IRON PIN SET ON THE NORTHERLY LINE OF THE SAID 13.541 ACRE TRACT; THENCE N85°08'04"E, ALONG THE SAID NORTHERLY LINE, 45.00 FEET TO A RAILROAD SPIKE SET AT THE NORTHEASTERLY CORNER OF THE SAID 13.541 ACRE TRACT; THENCE S04°17'52"E, ALONG THE SAID EASTERLY LINE AND THE CENTERLINE OF EITERMAN ROAD, 283.24 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.2924 ACRES, MORE OR LESS, OF WHICH 0.1811 ACRES LIES WITHIN THE EXISTING ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.1113 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 HE TO AN MADE PART HEREOF. BY: r z9 Zlr/ DATE : ~ f j S. PATRICJC MILLS - S•7198 4 O ~~~.e~ FQ/STER~~ J~'~ EXHIBIT z797a~Pas -W.. PREPARED eY: EXHIBIT B-PARCEL 4B-WD BURGESS & NIPLE, LIMITED 0.2924 ACRE ENGINEERS & ARCHITECTS 5085 REED ROAD EITERMAN ROAD coLUMBUS, oHlo 43220 PERMANENT RIGHT-OF-WAY FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO FIRST APOSTOLIC CHURCH OF DUBLIN, INC. O.R.30088 B03 ~ 5.010 ACRES 45.00' ~ N 85'08'04" E r -----------------f~-- SCALE: 1 " = 100' z ~ ~ N v N ~ N ao O N N ~ w EXISTING ROADWAY ~ U~-, r~ EASEMENT I.) ~ D.6.2792, PAGE 481 .PROPOSED 0.2924 ACRE PERMANENT RIGHT-OF-WAY 45.00' ~ P.0.6. S 85'42'08" W I ~ I I rr? j~ ~ ~ BATES PROPERTY MANAGEMENT, LTD., I ~I AN OHIO LIMITED PARTNERSHIP I~~ Z INSTRUMENT 199909270242858 a 13.541 ACRES v ~ ~ p ICI D o ~I~ 0 ~I . I I" IN ~ J W I ~ N 3 BATES PROPERTY MANAGEMENT, LTD., FRANKLIN COUNTY AN OHIO LIMITED PARTNERSHIP ~ MONUMENT FCGS 7752 m INSTRUMENT 200002010022500 & POINT OF REFERENCE 64.297 ACRES ;',~j~P TOTAL TAKE = 0.2924 ACRE a LEGEND f S. PATRICK * P.R.O. = 0.1811 ACRE i O IRON PIN FOUND ~ ~ MILLS - NET = 0.1 1 13 ACRE ~ • IRON PIN SET ~ 8.7158 4 o RAIL ROAD SPIKE FOUND % 'Pt'y ~ ~ THE BEARINGS USED HEREIN ARE BASED ON J THE OHIO STATE PLANE COORDINATE SYSTEM RAILROAD SPIKE SET ASTER ~ MONUMENT FOUND S/pNA~ Sv WITH THE LINE BETWEEN FCGS 2229 AND ®PK NAIL FOUND FCGS 2230, BEING N05'40'27"W FROM THE rn AVAILABLE RECORDS, AND FIELD INFORMATION. n a DRAWN CHECKED JOB N0. BY: Z_, Zap/ a DLR SPM 27974 PROFESSIONAL SURVEYOR DATE