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HomeMy WebLinkAbout13-00 Ordinance ~ _ w , RECORD OF ORDINANCES D on Le al Blank Co. Form 0043 Ordinance No.13-00 Passed AN ORDINANCE TO APPROPRIATE A -0.1395 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, A 0.1362 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT AND A COMBINED 0.0309 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM THE BALLANTYNE FAMILY LIMITED PARTNERSHIP AND SHIER-RINGS LTD., LOCATED NORTH OF SHIER-RINGS ROAD, 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 fee simple interest, permanent utility easement and temporary construction easement in and to the premises described in the attached Exhibits "A", "B", "C" and "D" 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, 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", "B", "C" „E:~ and "D" 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 Thirty Four Thousand One Hundred Fifty Dollars and 00/100 Cents ($34,150.00) 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 is ~ day of , 2000. yor ~ Presiding Officer ATTEST: 1 hereby certify that copies of this Ordinance/Resolution were posted in th Lity of Dublin in accordance with Section 731.25 of the Of»o Kevised Cod' Jerk ouncil - Gbo~;Cle c of Council, Dublin, Ohio _ , , Parcel 4WD Page 1 of 1 EXHIBIT A -PARCEL 4WD CITY OF DUBLIN, OHIO -EMERALD PARKWAY PHASE 7 THE BALLANTYNE FAMILY LIMITED PARTNERSHIP 8~ SHIER-RINGS, LTD. DESCRIPTION OF RIGHT-OF-WAY FOR EMERALD PARKWAY PHASE 7 Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 11.403 acre tract conveyed to The Ballantyne Family Limited Partnership &Shier-Rings, Ltd. by deed of record in Instrument 199711030133279 of the Franklin County Recorder's Office and being more particularly described as follows: Beginning at an iron pin found at the southwesterly corner of the said 11.403 acre tract, being the true point of beginning of the tract described herein; Thence N 04°07'14" W, along the westerly line of the said 11.403 acre tract, 10.07 feet to an iron pin set; Thence S 87°34'31" E, 10 feet northerly of and parallel to the southerly line of the said 11.403 acre tract, 588.78 feet to an iron pin set; Thence N 42°58'47" E, 16.09 feet to an iron pin set on the easterly line of the said 11.403 acre tract; Thence S 04°13'32" E, along the said easterly line, 22.37 feet to an iron pin found at the southeasterly comer of tfie said 11.403 acre tract; Thence N 87°34'31" W, along the said southerly line, 600.68 feet to the true point of beginning, containing 0.1395 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 ra k~lin Co/un/ty Recorder's Office. i O F c%t'J~~'~ G~ u= ~~/5,/999 - ~'f+ S. PATRICK ` ~ MILLS ~ - ~ S~7158 ~ p~tiyCTERE'~ J-~O , ~ - ~S~~N A1. SVQ. r~ EXHIBIT a u Parcel 4WD Page 1 of 1 PLAT PREPARED BY auRCESS & NIPLE, LIMITED EMERALD PARKWAY PHASE 7 ENGINEERS & ARCHITECTS 5085 REED ROAD CIN OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 4WD THE BALLANTYNE FAMILY LIMITED PARTNERSHIP 8c SHIER-RINGS, LTD. I I Line Bearin 6c Distance I 1 N04'07'14"W 10.07' I I © N42'S8'47"E 16.09' © S04' 13'32"E 22.37' I I I I AUGUST 1999 I I SCALE: 1 " = 100' I I I I I I a~ I c v I I v+ c~~ ai o U D O Q I ~ O ~ y ~ ~ 15% The Ballontyne Family Limited Partnership a ~ I 85% Shier -Rings, Ltd. 1 1.403 Acres I o 0 I Instr. 1 9971 1 0301 33279 I a a~ 0 m I I I I ~ ~ ~ ~ I o ~ Q I ~ PROPOSED 0.1395 ACRE o~^I RIGHT-OF-WAY I N I U ~ r7 w- ~ I O I i I I I © T S 87'34'31" E 588 78' N 8734'31" W -~1~ZZZCTI~7 - SHIER-RINGS ROAD soo.ss' - R~Odway Easement D.B. 2665 Page 524 „ _ P.O.B. r~E ~ tiny', S. PATRICK St~' MILLS THE BEARINGS USED HEREIN ARE BASED ON 57158 THE NORTH LINE OF EMERALD PARKWAY .:.,•i~,p p = BEING N 41'16'02' W AS DELINEATED ON LEGEND fci~rEa~'° PLAT BOOK 86, PAGE 24. •IRON PIN SET '~~;~sS/ NAL 5~~~:`~ o IRON PIN FOUND BY: LjJ GRAIL ROAD SPIKE FOUND - .~.s/ PROFESSIONAL SURVEYO Parcel 4PE Page 1 of 1 EXHIBIT A -PARCEL 4PE CITY OF DUBLIN, OHIO -EMERALD PARKWAY PHASE 7 THE BALLANTYNE FAMILY LIMITED PARTNERSHIP &SHIER-RINGS, LTD DESCRIPTION OF PERMANENT UTILITY EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 11.403 acre tract conveyed to The Ballantyne Family Limited Partnership &Shier-Rings, Ltd. by deed of record in Instrument 199711030133279 of the Franklin County Recorder's Office and being more particularly described as follows: Beginning, for reference, at an iron pin found at the southwesterly comer of the said 11.403 acre tract; thence N 04°07'14" W, along the westerly line of the said '11.403 acre tract, 10.07 feet to the true point of beginning of the easement described herein; Thence N 04°17'14"'1/V, along the said westerly line, 10.06 feet to a point; Thence S 87°34'31" E, 20 feet northerly of and parallel to the southerly line of the said 11.403 acre tract, 598.48 feet to a point; Thence S 42°58'47" W, 13.16 feet to a point; Thence N 87°34'31" W, 588.78 feet to the true point of beginning, containing 0.1362 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 Fr nklin County Recorder's Office. ~ ~ • r S. PATRICK ~t ~ MILLS _ -o 57158 ~ O ~O•_ ~O„ ~fG/"TEP~ ~~s~•~~NAt 5~~~• ~,w EXHIBIT Parcel 4PE 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 4PE THE BALLANTYN E FAMILY LIMITED PARTN ERS H f P & SHIER-RINGS, LTD. I I I Line Bearin do Distance 1 N04'07'14"W 10.06' I I ~ © S42'S8'47"W 13.16' I I I I SEPTEMBER 1999 I I SCALE: 1 " = 100' ~ I c I I I a~ ° ~ I p, c9 a~ I o 0 o Q I ~ cV~ O ~ M ~ I ~ I a e= I o0 I L m 157 The Ballantyne Family Limited Partnership I 857 Shier - Rings, Ltd. 11.403 Acres I I Instr. 19971 1030133279 I 1 I I I c ~ o N I ~ ~ U N Q ' I I O 'd' r- ~N ~ I PROPOSED 0.1362 ACRE I o PERMANENT UTILITY I EASEMENT I I I Proposed Right-of-Wa line I Y I ~ S 87'34'31 " E 598.48' _ TlT-n~CT1TZ7TlIlITi~~~n~~T1 - N 8.34'31" w SHIER-RINGS - - - _ - - - - - _ _ ROAD 58s.78' - - _ _ ROpdWay Easement D.B. 2665, p I - _ _ age 524 P.O.B. No4•o7'14'w - _ _ ~ 0.0T ~ ' S MIILSCK ~ THE BEARINGS USED HEREIN ARE BASED ON = THE NORTH LINE OF EMERALD PARKWAY = S•7158 = BEING N 41'16'02' W AS DELINEATED ON 4 ; PLAT BOOK 86, PAGE 24. LEGEND = f 1 ~ a o • IRON PIN SET v/' ~C~~TER~`' ~ L~ 4RAOIL ROAD SP KE FOUND , ~ ~sS~DNAI. 5~~~' ~ BY: ~Z~.C .~~j PROFESSIONAL SU OR . Parcel 4TE1 Page 1 of 1 EXHIBIT A -PARCEL 4TE1 CITY OF DUBLIN, OHIO -EMERALD PARKWAY PHASE 7 THE BALLANTYNE FAMILY LIMITED PARTNERSHIP &SHIER-RINGS, LTD DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 11.403 acre tract conveyed to The Ballantyne Family Limited Partnership &Shier-Rings, Ltd. by deed of record in Instrument 199711030133279 of the Franklin County Recorder's Office and being more particularly described as follows: Beginning, for reference, at an iron pin found at the southwesterly comer of the said 11.403 acre tract; thence N 04°07'14" W, along the westerly line of the said 11.403 acre tract, 20.13 feet to a point; thence S 87°34'31" E, 20 feet northerly of and parallel to the southerly line of the 11.403 acre tract, 113.61 feet to the true point of beginning of the easement described herein; Thence N 02°25'29" E, 15.00 feet to a point; Thence S 87°34'31" E, 40.00 feet to a point; Thence S 02°25'29" W, 15.00 feet to a point; Thence N 87°34'31" W, 40.00 feet to the true point of beginning, containing 0.0137 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 a Franklin County Recorder's Office. ~~z / ''E 0 F S. PATRICK _ = ~L ~ PAILLS - S~7158 ~~q ~ O , O~ tic/,.TERM. y~`; SS~~NA~ Sv~~, EXHIBIT Parce14TE1 Page 1 of 1 a w~ . _ - PLAT PREPARED BY auRCESS & NIPLE, LIMITED EMERALD PARKWAY PHASE 7 ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 4TE1 THE BALLANTYNE FAMILY LIMITED PARTNERSHIP 8c SHIER-RINGS, LTD. i Line Bearin 6c Distance i 1 N02'25'29"E 15.00' i I © S8T34'31 "E 40.00' © S02'25'29"W 15.00' I ® N87'34'31 "W 40.00' I I ~ I _ SEPTEMBER 1999 i ~ SCALE: 1 " = 100' I ~t ~ o rn~ ~ I ~ U C ~ I I ~ o ~ I I o O r- I o_ I N I I I ° I m 15~' The Ballantyne Family Limited Partnership I I 85~ Shier -Rings, Ltd. 11.403 Acres I I Instr. 1 9971 1 0301 33279 I c ~ o m .ate ~ ~ M U ~ pp Q i p d ~ I N ~ I ~ ~ I U ~ M I rr~ O I PROPOSED 0.0137 ACRE ~ I TEMPORARY CONSTRUCTION I I EASEMENT i 00 - I ~ N O I Z I I IS 87'34'31" E © Proposed Northerly Line i 113.61 -----.Q O L® _-_-~_of Permanent Utility Easement I _ .O.B. _ - -SHIER-RINGS ROAD _ - - R~ oy Ease D. 28 665 - - _ Page 524 _ _ . ,O F „ ~ S. PATRICK THE BEARINGS USED HEREIN ARE BASED ON MILLS ~ _ THE NORTH LINE OF EMERALD PARKWAY ~ S•7153 ~ BEINC N 41'16'02' W AS OEUNEATED ON p ; PLAT BOOK 6. PAGE 24. LEGEND = Fc~ rEa°° • IRON PIN SET cr J~•' ~ o IRON PIN FOUND s`~ c~~ n~r 4RAIL ROAD SPIKE FOUND - PROFESSIONAL SU OR Parcel 4TE2 Page 1 of 1 EXHIBIT A -PARCEL 4TE2 CITY OF DUBLIN, OHIO -EMERALD PARKWAY PHASE 7 THE BALLANTYNE FAMILY LIMITED PARTNERSHIP &SHIER-RINGS, LTD DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 11.403 acre tract conveyed to The Ballantyne Family Limited Partnership 8~ Shier-Rings, Ltd. by deed of record in Instrument 199711030133279 of the Franklin County Recorder's Office and being more particularly described as follows: Beginning, for reference, at an iron pin found at the southwesterly comer of the said 11.403 acre tract; thence N 04°07'14" W, along the westerly line of the said 11.403 acre tract, 20.13 feet to a point; thence S 87°34'31" E, 20 feet northerly of and parallel to the southerly line of the 11.403 acre tract, 261.15 feet to the true point of beginning of the easement described herein; Thence N 02°25'29" E, 15.00 feet to a point; Thence S 87°34'31" E, 50.00 feet to a point; Thence S 02°25'29" W, 15.00 feet to a point; Thence N 87°34'31" W, 50.00 feet to the true point of beginning, containing 0.0172 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 F anklin County Recorder's Office. ~ _`'LG,/~ S. PATP.ICK ~ r: L'^~ ~ ~S f ~'C f MILLS _ / / 11 5-7158 ~ O " O ~U<r~sC~TEF~'~0.~~ ~orla~ sv. EXHIBIT a Parcel 4TE2 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 4TE2 THE BALLANTYNE FAMILY LIMITED PARTNERSHIP Bc SHIER-RINGS, LTD. i ' Line Bearin & Distance I I N02'25'29'E 15.00' © S87'34'31 "E 50.00' I ® S02'25'29"W 15.00' D ~ ~ N8T34'31'W 50.00' J I I i c SEPTEMBER 1999 I SCALE: 1 " = 100' ~ I a~ 0 ~ rn C9 ~ O U I O O Q I I ~O~ I ~ ~N O O I ~ ~ I ` - a` I ~ i i I ° I m 15% The Ballantyne Family Limited Portnership I I 8590 Shier -Rings, Ltd. 11.403 Acres i I Instr. 1 9971 1 0301 33279 i ° m a ~ a~ ~ ~ U ~QI p ~ I NO1I .T• W I U ~ ~ I ~n* O I PROPOSED 0.0172 ACRE ~ I TEMPORARY CONSTRUCTION i I EASEMENT I 0 0 _ Proposed Northerly Line o N of Permanent Utility Easement I z I I I 261.15' I S 87'34'31" E O v _Q _ - - - ---P-~• =SHIER RING AD- - - _ S RO - - R_ °od"'aY Easement D.B. - - - - - 2665, _ - Page 524 _Y~ Y S. PATRICK 1 MLLLS THE BEARINGS USED HEREIN ARE BASED ON -ri 4 S•7158 THE NORTH LINE OF EMERALD PARKWAY ~ ~ BEING N 41'16'02"WAS DELINEATED ON LEGEND :~"/2TEa~`'~ , PLAT BOOK 86, PAGE 24. •IRON PIN SET ' :~,,,S~~N~~ S~F`~;°~ o IRON PIN FOUND S ~ gY, l j 4RAIL ROAD SPIKE FOUND PROFESSIONAL SU OR