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Home My WebLink About052-01 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. Form o 004 Ordinance No........52-0.1 Passed AN ORDINANCE TO APPROPRIATE A 1.1653 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, FROM STEVE YOUNG AND SALLY YOUNG, LOCATED NORTH OF SHIER-RINGS ROAD AND EAST 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 in and to the premises described in the attached Exhibit "A" 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 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 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 Twenty Three Thousand Nineteen Dollars and 00/100 Cents ($23,019.00) 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 their 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 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 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 and Capital Improvements Tax Fund Twenty Three Thousand Nineteen Dollars and 00/100 Cents ($23,019.00) to account 610-0312-780- 2561 and 401-0314-780-2550 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/CT.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 , 2001. -Presiding Officer ATTEST: ~ ~ ~ Clerk of Council I hereby cartify that copies of this Ordinance/Resolution were posted in thF City of Dublin in accordance w~tk Sectioa 731.25 of the tlhio Revised Code. . Q(/1,p~ Ctprk Cotmtil, Dublin. Ofiio PAGE 1 OF 1 EXHIBIT A -PARCEL 6WD . . CITY OF DUBLIN STEVE YOUNG AND SALLY YOUNG DESCRIPTION OF PERMANENT RIGHT-OF-WAY SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, AND BEING PART OF A 19.548 ACRE TRACT CONVEYED TO STEVE AND SALLY YOUNG BY DEED OF RECORD IN DEED BOOK 3326, PAGE 115 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 N04°17'52"W, ALONG THE CENTERLINE OF EITERMAN ROAD, 1331.75 FEET TO AN IRON PIN FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID 19.548 ACRE TRACT AND BEING THE TRUE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN; THENCE N04°17'52"W, ALONG THE WESTERLY LINE OF THE SAID 19.548 ACRE TRACT AND THE CENTERLINE OF EITERMAN ROAD, 1153.19 FEET TO A RAILROAD SPIKE FOUND AT THE NORTHWESTERLY CORNER OF THE SAID 19.548 ACRE TRACT; THENCE WITH A CURVE TO THE LEFT AND THE NORTHERLY LINE OF THE SAID 19.548 ACRE TRACT, HAVING A DELTA OF 00°53'05", A RADIUS OF 4325.23 FEET, AND A CHORD OF S46°39'20"E, 66.79 FEET TO AN IRON PIN SET; THENCE S04°17'52"E, 45 FEET EASTERLY OF AND PARALLEL TO THE SAID WESTERLY LINE OF THE 19.548 ACRE TRACT AND THE CENTERLINE OF EITERMAN ROAD, 1103.06 FEET TO AN IRON PIN SET IN THE SOUTHERLY LINE OF THE SAID 19.548 ACRE TRACT; THENCE S84°42'38"W, ALONG THE SOUTHERLY LINE OF THE SAID 19.548 ACRE TRACT, 45.01 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.1653 ACRES, MORE OR LESS, OF WHICH 0.6538 ACRES LIES WITHIN THE EXISTING ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.5115 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. BY: 2 ~Gb/ ~ ,n„~~~~~~ DATE .~p, yo f S. MILLS = 5.7158 ~ O :~0,~. 9FC/STEf~~O ~~i,: EXHIBIT 27974~P6 PREPARED BY: EXHIBIT B-PARCEL CWD BURGESS & NIPLE, LIMITED - 1.1653 ACRE 5085 REED ROAD HITECTS EITERMAN ROAD ROAD coLUMBUS, OHIO 43220 PERMANENT RIGHT-OF-WAY FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO ~ CURVE DATA D = 00'S3~05" ~ R = 4325.23' ~ L = 66.79' T = 33.40' CH = S 46'39'20" E ..a. 66.79' THOMAS C. SUTPHEN ~rl AND ROBERT M. SUTPHEN ~ , 0.8.2352 PAGE278 ~ ~ 10.000 ACRES ~ ~ ~ Z ~ ~ ' O D ~ ~ ~ ~ i Z N o~, o~ ~ ~ w' ~ ~ o N ~ N a? ~ ~ ~ m ' STEVE YOUNG AND SALLY YOUNG ~ D.B.3326 PG. 115-117 PROPOSED 1.1653 ACRE 19.548 ACRES PERMANENT RIGHT-OF-WAY P.O.B. -----f~---"- JIM MORO SCALE: 1" = 160' INSTRUMENT 200010300218949 w 8.650 ACRES 45.01 3 N S 84'42'38" W ,,~~~~~~"~~'"0,,~~~, FRANKLIN COUNTY MONUMENT FCGS 7752 ~ ~ Q' ti~ & POINT OF REFERENCE ~ S. PATRICK TOTAL TAKE = 1.1653 ACRES a LEGEND ~ a P.R.O. = 0.6538 ACRES ~ O IRON PIN FOUND : -0 3 r~ ? NET = 0.5115 ACRES j • IRON PIN SET ' ~O AFC/STER~~ o ~ RAIL ROAD SPIKE FOUND ~',~s THE BEARINGS USED HEREIN ARE BASED ON °a RAILROAD SPIKE SET S~ONA~- S THE OHIO STATE PLANE COORDINATE SYSTEM WITH THE LINE BETWEEN FCGS 2229 AND ? MONUMENT FOUND FCGS 2230, BEING N05'40'27"W FROM THE ~ ®PK NAIL FOUND VAILABLE RECORDS. AND FIELD INFORMATION. n a DRAWN CHECKED JOB N0. BY. ~ Z9 Z~/ ' d.' DLR SPM 27974 PROFESSIONAL SURVEYOR / D' ATE