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HomeMy WebLinkAbout061-01 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 30043 Ordinance No.........61-01 Passed AN ORDINANCE TO APPROPRIATE A 0.211 ACRE, MORE OR LESS, BIKEPATH EASEMENT, FROM AERC PERIlVIETER LAKES, INC., LOCATED SOUTH OF POST 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 Post Road; 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. WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding for this acquisition. NOW, T~IEREFORE, 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 Post Road, 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 Four Thousand Dollars and 00/100 Cents ($4,000.00) to account 401-0314-780-2550 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 Post Road 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 ; 1 day of , 2001. ayor -Presiding Officer ATTEST: ~._i.-yvyv4,.~ ,.y Clerk of Council I hereby cc*rtify that cogies of this Ordincmce/Resolution were posted i ~1~ City of DvbDin in accordance with Section 731.25 of the i~lo Revised Co P k of Council, Dublin, Ohio _ ~ Page 1of 1 0.211 ACRE EASEMENT DUBLIN GLEN DUBLIN, OffiO SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED WITHIN VIRGINIA MILITARY SURVEY NO 2999. BEING AN IRREGULAR SHAPED EASEMENT WITHIN THAT 19.883 ACRES TRACT OF LAND CONVEYED TO AERC PERIMETER LAKES INC., A DELAWARE CORPORTATION, IN A DEED, OF RECORD, INSTRUMENT NUMBER 199905130121657, (ALL RECORDS REFERENCED WITHIN ARE LOCATED AT THE FRANKLIN COUNTY RECORDER'S OFFICE, OHIO). SAID EASEMENT CONTAINS 0.211 ACRE OF LAND AND IS DESCRIBED AS FOLLOWS BEGINNIlVG AT AN IRON PIN FOUND, BEING THE NORTHWESTERLY CORNER OF LOTS, (AS SHOWN AND DELINEATED UPON THE PLAT DUBLIN GLEN, OF RECORD, IN PLAT BOOK 80, PAGE 85) A NORTHEASTERLY CORNER OF SAID 19.883 ACRES TRACK AND LYING ON THE SOUTHERN RIGHT OF WAY LINE OF POST RD. THENCE SOUTH 28° 31' 18" EAST, ALONG AND Wl'TH THE WESTERLY LINE OF THE SAID LOT 5, A DISTANCE OF 11.26 FEET TO A POINT; THENCE LEAVING SAID WESTERLY LINE AND THROUGH THE AFOREMENTIONED 19.833 ACRES TRACT OF LAND, THE FOLLOWING THREE (3) COURSES AND DISTANCES; 1. SOUTH 36° 28' 42" WEST, A DISTANCE OF 62.40 FEET TO A POINT 2. NORTH 82° 14' SS" WEST, A DISTANCE OF 133.21 FEET TO A POIlVT 3. NORTH 6S° S 1' 41" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 4: OF SAME PLAT. THENCE NORTH 44° O8' 19" EAST, ALONG AND WITH THE EASTERLY LINE OF SAID LOT 4, A DISTANCE OF 14.23 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF THE AFOREMENTIONED POST ROAD; THENCE NORTH 88° 48' 13" EAST, ALONG AND WITH THE SOUTHERN RIGHT OF WAY LINE OF SAID POST RD., A DISTANCE OF 215.00 FEET TO THE POIIVT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 0.211ACRE OF LAND. BEARINGS HEREIN ARE BASED ON THOSE OF THE REFERENCED PLAT, OF RECORD, IN PLAT BOOK 8Q PAGE 8S LOCATED IN FRANKLIN COUNTY RECORDER'S OFFICE, OHIO. THIS DESCRIPTION WAS PREPARED BASED ON INFORMATION OF RECORD TOGETHER WITH AN ACTUAL FIELD SURVEY OF THE PREMISES. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. BY: JOSUS O S 4 e OCTOBE 19,2000 ~..~t:- ~`r: C 1\2000JOBS\007TEASE.DOC 1 W . _ D D Situated in the State of Ohio, County of Franklin, City of Dublin, located within Virginia Military Survey No. 2999. Being an irregular shaped easement within that 19,883 acres tract of land conveyed to AERC PERIMETERS LAKES, INC. Bearings herein are base on those of the reference plat Dublin Glen, of record, In Plat Book 80, Page 85 located In Franklin County Recorder's Office, ph i o, This document was prepared based on information of record together with an actual field survey of the premises, DUBLIN GLEN SUBDIVISION CPB 80, PG 85) TPOH SOUTH R/N POST R?AD <60 R/W) N 88.48'13' E 215.00' PF 20' EASEMENT ORV13768B16 Lot 4 N 6 . _ _ _ _ _ _ _ _ _ _ of 5 tr- rc a 6jp 41. 0.211 ACRE EASEMENT ~2 ~ e R~ a~ ~~o bZ TDP BANK N 8214'55• W 133.21 N 44 OS 19 E 241.42' S 28• '18 E 191.42 '4iyw AERC PERIMETER LAKES, INC. ~ 9' S[DEHALK INST. N?. 199905130121657 r°'s..~~F'= ~f9..883 Acres r,j_ir , ~ ,li...., ~ ~nND TP?B = TRU°?~]~~1T "'CIF" FBEGTHNING ~~~~b°~~. x.~ ~ E~ E N D 0' 40' ~s°'`'~~dt;` ~ .,120' These standnrd symbols will be found In the drawing, O IRON PIN FOUND C1; \2000jobs\0077\AERC • IRON PIN SET • i REGISTERED PROFESSIONAL SURVEYOR r"'`~-%.~~.; ~ JOSUE TI A~3b DATE 12/20/2000 "'~l No. 57254 PROJECT AERC JOB N0. 077 A T ~/7 SUBJECT EASEMENT REVISIO DATE 1- 1 1 O SURVEYED BY CREW B DRAWN BY VM CHECKED SURVEYING AND INFORMATION CO. THE SOLUTION TO YOUR SURVEIINC NEEDS