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HomeMy WebLinkAbout012-00 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 30043 12-00 Ordinance No Passed AN ORDINANCE TO APPROPRIATE A 0.0906 ACRE, MORE OR LESS, PERMANENT UTII.ITY EASEMENT AND A 0.0942 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM ROBERT A. AND SHIRLEY A. LANDTHORN, LOCATED SOUTH OF SHIER-RINGS ROAD AND WEST OF SHAMROCK COURT, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to extend Emerald Parkway between Perimeter Drive and Innovation Drive and improve related traffic circulation; and WHEREAS, said improvement will require the City of Dublin to obtain a permanent utility easement 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 permanent utility easement 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 extending Emerald Parkway between Perimeter Drive and Innovation Drive, 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 Five Thousand ~ Three Hundred Dollars and 00/100 Cents ($5,300.00) which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated as their interests 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 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 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 prompt extend Emerald Parkway between Perimeter Drive and Innovation Drive is necessary to improvement traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed t ~ day of , 2000. ayor Presiding Officer ATTEST: I hereby certify that copies of this Ordinarxe/Resolution were posted i the City of 8ublin in accordance~with Section 131.25 of the Ohio Revised C de. Cler f Council •Cler f Council, Dublin, Ohio Parcel 2PE Page 1 of 1 s EXHIBIT A -PARCEL 2PE CITY OF DUBLIN, OHIO -EMERALD PARKWAY PHASE 7 ROBERT A. & SHIRLEY A. LANDTHORN DESCRIPTION OF PERMANENT UTILITY EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of Lots 2 and 3 of Shamrock II Subdivision as delineated on Plat Book 57, Page 7 of the Franklin County Recorder's Office and being conveyed to Robert A. 8 Shirley A. Landthom by deed of record in Official Record 19367 J17 of the Franklin County Recorcier's Office and being more particularly described as follows: Beginning at an iron pin found at the northwesterly comer of the said Lot 3 being the true point of beginning of the easement described herein; • Thence S 87°25'00" E, along the northerly lines of the said Lots 2 and 3, 204.78 feet to a point; Thence S 87°40'27" E, along the northerly line of the said Lot 2, 169.50 feet to a point; Thence with a curve to the right having a delta of 36°52'12", a radius of 50.00 feet, and a chord of S 69°14'21" E, 31.62 feet to a point; Thence N 87°40'27" W, 10 feet southerly of and parallel to the said northerly line of Lot 2, 199.53 feet to a point; ' Thence N 87°25'00" W, 10 feet southerly of and parallel to the said northerly line of Lot 2 and 3, 205.26 feet to a point on the westerly line of the said Lot 3; Thence N 05°12'34" E, along the said westerly line, 10.01 feet to the true point of beginning, containing 0.0906 acres, more or less, and being more particularly delineated on the attached Exhibit B. This description was prepared by Burgess & Niple, Limited, by S. Patrick Mills, Professional Surveyor 7158 from an actual survey and available records in September 1999. The bearings used herein are based on the north line of Emerald Parkway being N 41°16'02"Was delineated on Plat Book 86, Page 24 of the anklin County Recorder's Office. ?i/ ~i'.i~~ ~ _ ^^}i 5-7150 1 ~ , `u" ~~N11~ S~ EXHIBIT Parcel 2PE Page 1 of 1 PLAT PREPARED BY - BuRCESS & NIPLE, LIMITED EMERALD PARKWAY PHASE 7 ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 2PE ROBERT A. ~c SHIRLEY A. LANDTHORN I JI ~ I I QI - - Bates Property) Management, Ltd. ~I I I 1.500 Acres ~ SEPTEMBER 1999 rl~". O.R. 30208 G04 I ~I SCALE: 1" = 100 I I Q I ZI I I Line Bearin 6c Distance ZI ~ 587'25'00"E 204.78' © 587'40'27"E 169.50' I _J © N05'12'34"E 10.01' ~ I I ~ ~ = 36'52'12" I ~ _ I ~ R = 50.00' P.O.B. ~_J1 I CH = S69'14'21"E - SHIER - RINGS _p 31•x2' _ - - - - ® •IZl~j7- © P.B. 45, Page 123 - l1ZlL LTllli N 87'25'00" W 205.26' N 87'40'27" yV I 199.53' I I ~ I I PROPOSED 0.0906 ACRE I I I PERMANENT UTILITY I I w Qa ; EASEMENT ~I Qo~ I~ I I ~o O n~ LOT 3 I U I LOT 2 m. ~ IY I ro.. ~ I I I C I ~ I I I I I = I I Robert A. & Shirley A. Landthorn I O.R. 19367 J17 I~ ~ Lot 2 & 3 I I I I I I I S fATf'.ICK ~ ~ Shamrock II ~ "+IL~s _ O.R. 16435 A13 s 7isa ~o : 1 1.927 Acres = RFC/GTER~'O J(v`., '~(.S`S~~IVALS~~'',, THE NORTHGLINE OFD EMEERALD pq BKAWSgD ON BEING N 41'16'02"WAS DELINEATED ON LEGEND PLAT BooK 86, PAGE 24. • IRON PIN SET ~ ~ • IRON PIN FOUND BY: RAIL ROAD SPIKE FOUND ~ • ,/.S~ 9% PROFESSIONAL SURVEY i ~ r..___. _.w _ Parcel 2TE Page 1 of 1 EXHIBIT A -PARCEL 2TE CITY OF DUBLIN, OHIO -EMERALD PARKWAY PHASE 7 ROBERT A. & SHIRLEY A. LANDTHORN ' DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT ' Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of lots 2 and 3 of Shamrock II Subdivision as delineated on Plat Book 57, Page 7 of the Franklin County Recorder's Office and being conveyed to Robert A. & Shirley A. Landthom by deed of record in Official Record 19367 J17 of the Franklin County Recorders Office and being more particularly described as follows: Beginning, for reference, at an iron pin found at the northwesterly comer of the said Lot 3; thence S 05°12'34" W, along the westerly line of the said Lot 3, 10.01 feet to a point being the true point of beginning of the easement described herein; Thence S 87°25'00" E, 10 feet southerly of and parallel to the northerly lines of the said Lots 2 and 3, 205.26 feet to a point; Thence S 87°40'27" E, 10 feet southerly of and parallel to the northerly line of the said Lot 2, 199.53 feet to a point on the easterly line of the said Lot 2; Thence with a curve to the right along the said easterly line, having a delta of 16°15'37", a radius of 50.00 feet, and a chord of S 42°40'27" E, 14.14 feet to a point; Thence N 87°40'27" W, 20 feet southerly of and parallel to the said northerly line of Lot 2, 209.55 feet to a point; Thence N 87°25'00" W, 20 feet southerly of and parallel to the said northerly line of Lot 2 and 3, 205.74 feet to a point on the westerly line of the said Lot 3; Thence N 05°12'34" E, along the said westerly line, 10.01 feet to the true point of beginning, containing 0.0942 acres, more or less, and being more particularly delineated on the attached Exhibit B. This description was prepared by Burgess ~ Niple, Limited, by S. Patrick Mills, Professional Surveyor 7158 from an actual survey and available records in September 1999. The bearings used herein are based on the north line of Emerald Parkway being N 41°16'02"Was delineated on Plat Book 86, Page 24 of the ranklin County Recorder's Office, z~'\~~ ' ' ` r! Y S. PATP.ICK ~ ~ ~ 3f MILLS -o S~7158 ?O~s E,C/CTER O S~~NAt S ~ EXHIBIT Parcel 2TE Page 1 of 1 ~ PLAT PREPARED BY ~ BURGESS & NIPLE, LIMITED EMERALD PARKWAY PHASE 7 ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 2TE ROBERT A. Bc SHIRLEY A. LANDTHORN _____~z ~I Bates Property) Management, Ltd. ~I I 1.500 Acres F- I O.R. 30208 G04 071 ,.r.<~ SEPTEMBER 1999 I ~ SCALE: 1 " = 100' I p I I ZI I I Line Bearin & Distance 1 S87'25'00"E 205.26' I ZI © S87'40'27"E 199.53' I J © N05'12'34"E 10.01' m I I ~ ~ = 16'15'37` I - ~ R - 50.00' P. O B - - _ _ - I CH = 542'40'27"E SHIER -RINGS 14.14• - A - - 505'12'34 W 10.01' - RO" -D - - _ P.B. 45, Page 123 - ® N 87'2 17171'. p 205.74' ~r~'~"~-r N 87'40'27" W I 209.55' I 1 I I PROPOSED 0.0942 ACRE I I I w~' TEMPORARY CONSTRUCTION I I w Qa ~ EASEMENT ~ Qom I~ I I " ~ M I LOT 3 I~ I LOT 2 I Q I r~ U I I I ~ I ~ I I I~ I I QI Robert A. & Shirley A. Landthorn = I I O.R: 19367 J17 (nl ~ Lot 2 & 3 I I I I I ' I I I 0 F _ S. ATHICK ~ ~ Shamrock II ~ Mlus = O.R. 16435 A13 ~ S salsa ~ c 1 1.927 Acres ..f,' ~qc a O d . Cw 4, • ; rEa ~lJ,: THE BEARINGS USED HEREIN ARE BASED ON S~BNA1. S~ THE NORTH LINE OF EMERALD PARKWAY BEING N 41'16'02' W AS DELINEATED ON LEGEND PLAr eoo"""K///e~~~s, PAGE 24. • IRON PIN SET RA~L ROAD SP KE FOUND BY• /S/ PROFESSIONAL SURV R