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HomeMy WebLinkAbout049-01 Ordinance ~ ° vw...., ~ ~ _ ~ .uWV . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 30043 Ordinance No............49-01 Passed AN ORDINANCE TO APPROPRIATE A 0.2940 ACRE, MORE OR LESS, FEE SIIVIPLE INTEREST, AND A 0.0402 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT, FROM FELLOWSHIP BAPTIST CHURCH OF DUBLIN, LOCATED NORTH OF SHIER-RINGS ROAD AND EAST OF EITERMAN ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE ~ OF OHIO, AND DECLARING AN EMERGENCY. rte. 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" 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. NQJ~V, 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" and "B" 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/U.S. 33, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated at Seven Thousand Four ~ Hundred Fifty Six Dollars and 00/100 Cents ($7,456.00) 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. Section 3. Council fords 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 City intends to obtain immediate possession of the property. 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 real estate herein described above. Section 5. There has been appropriated from the Water Fund Seven Thousand Four Hundred Fifty Six Dollars and 00/100 Cents ($7,456.00) to account 610-0312-780-2561 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 widening and installation of general utilities along Eiterman Road between Shier-Rings Road and S.R. 161/U.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. Passed this- day of L-~QZvL- 2001. Mayor -Presiding Officer ATTEST: / , Clerk of Council I hereby certify thaf copies of this ©rd~nance/Resolution mere posted in t f City of Dublin in accordance with Section 731.25 of the tlhio Revised Cod . l i nn>ch. Clerk Council. Dublin. Ohin PAGE 1 OF 1 EXHIBIT A -PARCEL 10WD CITY OF DUBLIN FELLOWSHIP BAPTIST CHURCH OF DUBLIN DESCRIPTION OF PERMANENT RIGHT-OF-WAY SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, AND BEING PART OF A 5.117 ACRE TRACT CONVEYED TO THE FELLOWSHIP BAPTIST CHURCH OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 18349 B18 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE, AT FRANKLIN COUNTY MONUMENT FCGS 7752 FOUND AT THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND ~e"„ EITERMAN ROAD; THENCE N85°41'S7"E, ALONG THE SAID CENTERLINE OF SHIER RINGS ROAD, 403.47 FEET TO A RAILROAD SPIKE SET AT THE SOUTHWESTERLY CORNER OF THE SAID 5.117 ACRE TRACT AND BEING THE TRUE POINT OF >r~ BEGINNING OF THE TRACT DESCRIBED HEREIN; THENCE N04°16'09"W, ALONG THE WESTERLY LINE OF THE SAID 5.117 ACRE TRACT, 35.00 FEET TO AN IRON PIN SET; THENCE N85°41'57"E, 35 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY LINE OF THE SAID 5.117 ACRE TRACT AND THE CENTERLINE OF SHIER RINGS ROAD, 366.03 FEET TO AN IRON PIN SET IN THE EASTERLY LINE OF THE SAID 5.117 ACRE TRACT; THENCE S04°12'51"E, ALONG THE SAID EASTERLY LINE, 35.00 FEET TO A RAILROAD SPIKE SET AT THE SOUTHEASTERLY CORNER OF THE SAID 5.117 ACRE TRACT IN THE CENTERLINE OF SHIER RINGS ROAD; THENCE S85°41'57"1N, ALONG THE SOUTHERLY LINE OF THE SAID 5.117 ACRE TRACT AND THE CENTERLINE OF SHIER RINGS ROAD PASSING AN IRON PIN FOUND AT 234.34 FEET, 366.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.2940 ACRES, MORE OR LESS, OF WHICH 0.2100 ACRES LIES WITHIN THE EXISTING ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.0840 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"V11 FROM AVAILABLE RECORDS, AND FIELD INFORMATION. A DRAWING OF THIS DESCRIPTION IS ATTAC~HED~HERETO AND MADE PART HEREOF. ATE ~ ~O F ,.O , ,a ~ ~~~f~'' - S. PATRICK MILLS _ S•7158 n,,, '~sS~~NA1. Sv4~' ~ , EXHIBIT Z79~a~e~o ~w.. _ _ _ _ _ PREPARED BY: EXHIBIT B-PARCEL 10WD BURGESS & NIPLE, LIMITED 0.2940 ACRE ENGINEERS & ARCHITECTS SHIER RINGS ROAD 5085 REED ROAD coL.uMBUS, OHIO 43220 PERMANENT RIGHT-OF-WAY FOR: THE CITY OF DUBLIN, oHlo DUBLIN, OHIO I wA. ~ LLC Zp1 E~M~NTPNggB RES pig ~ ~ `NS~RU 5 Opt I SCALE: 1" = 100' -ter I ' ~ ~ I ~ I ~ ' r it i ~ ~ Zo Q ' I ~ ~ ~ I i J~ W OU i ~ N ~o U i I ~~Q ~ U ~ I ~ ~ ~ ~ CW.9~Q ~ I ~Z~ ~ ~ I FELLOWSHIP BAPTIST CHURCH OF DUBLIN ~ a w ~ ~ ~ ~ 0.8.18349 B18 I N ~ z o d" I 5.1 17 ACRES ~ w ~ ~a z ~ o i I Q ~ ~ i W ~ = i I z 3 ~ PROPOSED 0.2940 ACRE ~ ° N I Q o o ~ RIGHT-OF-WAY ~ o ~ I ~ o r ~ Sri ~ , N I ~ M ~ ~ 366.03' I ' w 403.47' Z I N 85'41'57" E -R/W I N 85'41'578 W- ~ f /~~~/1!1~~~ 366.00 SHIER RINGS ROAD ~ S 85'41'57" W FRANKLIN COUNTY P.0.6. ' EXISTING 25' ROAD RIGHT-OF-WAY MONUMENT FCGS 7752 ~ POINT OF REFERENCE 0 a ,~P~~ of °y% ~ ~ TOTAL TAKE = 0.2940 ACRES a LEGEND f s. PATRICK P.R.O. = 0.2100 ACRES O IRON PIN FOUND ' ~ MILLS ~I NET = 0.0840 ACRES ~ • IRON PIN SET = -0 87158 0 o RAIL ROAD SPIKE FOUND ~0~, , ~~Q~STER4C Jtj'~~;' TTMFiE OH 01 STATE PLANE COORDWATEA SYSTEM ~ ~ RAILROAD SPIKE SET v`tt WITH THE LINE BETWEEN FCGS 2229 AND ? MONUMENT FOUND S~ONAI S .r FCGS 2230, BEING N05'40'27"W FROM THE ~ ®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION. a DRAWN CHECKED JOB N0. BY: ~...--2~/--Z~ a ! DLR SPM 27974 PROFESSIONAL SURVEYOR D" ATE PAGE 1 OF 1 EXHIBIT A -PARCEL 10PE CITY OF DUBLIN FELLOWSHIP BAPTIST CHURCH OF DUBLIN DESCRIPTION OF~PERMANENT DRAINAGE AND UTILITY EASEMENT SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, AND BEING PART OF A 5.117 ACRE TRACT CONVEYED TO THE FELLOWSHIP BAPTIST CHURCH OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 18349 618 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE, AT FRANKLIN COUNTY MONUMENT FCGS 7752 FOUND AT THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD; THENCE N85°41'57"E, ALONG THE SAID CENTERLINE OF SHIER RINGS ROAD, 403.47 FEET THE SOUTHWESTERLY CORNER OF THE SAID 5.117 ACRE TRACT; THENCE N04°16'09"W, ALONG THE WESTERLY LINE OF THE SAID +wwr 5.117 ACRE TRACT, 35.00 FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED HEREIN; THENCE N04°16'09"W, ALONG THE WESTERLY LINE OF THE SAID 5.117 ACRE TRACT, 10.00 FEET TO A POINT; THENCE N85°41'57"E, 45 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY LINE OF THE SAID 5.117 ACRE TRACT AND THE CENTERLINE OF SHIER RINGS ROAD, 175.03 FEET TO A POINT; THENCE S04°18'03"E, 10.00 FEET TO A POINT; THENCE S85°41'S7"W, 35 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY LINE OF THE SAID 5.117 ACRE TRACT AND THE CENTERLINE OF SHIER RINGS ROAD ALONG THE SOUTHERLY LINE OF THE SAID 5.117 ACRE TRACT AND THE CENTERLINE OF SHIER RINGS 175.03 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.0402 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 H ETO AND MADE PART HEREOF. BY: ~ r _ ~3 ZDD/ e.+• DATE * ~ wia~s~ ~ s.7ise ~ o: ' ~0 ~~C/STEf~~~ s ~g~ °•~,,S~~NA1. s EXHIBIT 27974\PIOPE ~r. PREPARED eY: EXHIBIT B-PARCEL 10PE BURGESS & NIPLE, LIMITED 0.0402 ACRE ENGINEERS & ARCHITECTS 5085 REED ROAD SHIER RINGS ROAD coLUMBUS, OHIO 43220 DRAINAGE AND UTILITY EASEMENT FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO I i p,N I POSt23003g20, E\1ERM ~9g$OR~S ~N51RUM~ 5 002 PC / , - , " " I SCALE: 1 " = 100' I ' ~ ~ ~ i I ~ _ ' I ~ _ ~ ~ ~ ~m o ' i o~ z ~ ' m~ ~~m I ~ ~m ~ I ~ ~D ~ZO GD~z I ~ 00 DOo~ i ~ ~ ~ C~ ~ fTl , I D N ~ N N z I FELLOWSHIP BAPTIST CHURCH OF DUBLIN i m~ r ' O.R.18349 618 N p ~ 5.1 17 ACRES i o z I ~ N~ o z ~ fi ~ Q ~ N i J Z ~ O ~ I I z z ° o i 175.03' ~ ~ Q o.~, w a, o, N 85'41'57" E o o ~ rn wo ~ o ~ 175.03' m I IW o o ~ co ~ I 5 85'41'57" W ~ 1 w ~ I ~---R/W I P.O.B. _z'IS..T~-1 - R~N-:-----_ ' _1_------ ' R/W----- - 403.47' SHIER RINGS ROAD ---'1~------ PROPOSED 0.0402 ACRE FRANKLIN COUNTY I DRAINAGE AND UTILITY EASEMENT o MONUMENT FCGS 7752 a POINT OF REFERENCE ~ ;:',~P 'S'io W a LEGEND f s.PATRICx ~.i MILLS O IRON PIN FOUND - &7158 ~ ~ IRON PIN SET = ~ ~p ~ O o ~ RAIL ROAD SPIKE FOUND ;~i~; f~~BTERF' ~ THE BEARINGS USED HEREIN ARE BASED ON °a RAILROAD SPIKE SET ~S• S~~ THE OHIO STATE PLANE COORDINATE SYSTEM ? MONUMENT FOUND ,~~"'++,~~NA,' WITH THE UNE BETWEEN FCGS 2229 AND v FCGS 2230, BEING NOS'40'27"W FROM THE a^, ®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION. a DRAWN CHECKED JOB N0. BY: ~ , ~ ~~°-a/' DLR SPM 27974 PROFESSIONAL SURVEYOR DATE