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HomeMy WebLinkAbout33-00 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. o N 0043 Ordinance No .........................33-.00.......................... Passed AN ORDINANCE TO APPROPRIATE A 0.444 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, A 0.157 ACRE, MORE OR LESS, UTILITY EASEMENT AND A 0.162 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM WARREN GORDEN, LOCATED EAST OF HYLAND & CROY AND NORTH OF PERIMETER DRIVE, TOWNSHIP OF JEROME, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to extend Perimeter Drive to Post Road, extend Perimeter Loop to Perimeter Drive and widen Post Road between the Perimeter Drive intersection and Ligget Road 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" and "C" located in the Township of Jerome, Union County, Ohio. WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding for this acquisition. NOW, '~',I~REFORE, 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 Township of Jerome, Union County, State of Ohio, and more fully described in the legal descriptions attached hereto as ' Exhibits "A", "B" and "C" are hereby appropriated for the public purpose of extending Perimeter Drive to Post Road, extending Perimeter Loop to Perimeter Drive and widening Post Road between the Perimeter Drive intersection and Ligget Road, 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 Two Thousand Forty Seven Dollars and 00/100 Cents ($2,047.00) which sum shall be deposited with the Union 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 Union 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 be advanced from the General Fund the amount of Two Thousand Forty Seven Dollars and 00/100 Cents ($2,047.00) to the Perimeter West TIF Fund for the purpose of acquiring right-of-way and easements to extend Perimeter Drive to Post Road, extend Perimeter Loop to Perimeter Drive and widen Post Road between the Perimeter Drive intersection and Ligget Road. This advance is to be reimbursed to the General Fund from proceeds of a future debt issue. Section 6. There be appropriated from the unappropriated balance in the Perimeter West TIF Fund Two Thousand Forty Seven Dollars and 00/100 Cents ($2,047.00) to account 431-0314-780-2510 for the purpose of paying all costs incident to such acquisition. RECORD OF ORDINANCES Dayton Legal Blank Co Form No. 30043 Ordinance No ..........................33.-00........................ Passed Section 7. 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 extension of Perimeter Drive to Post Road, extension of Perimeter Loop to Perimeter Drive and widening of Post Road between the Perimeter Drive intersection and Ligget Road 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 1~ day of Y 2000. Mayor Presiding Officer ATTEST: Clerk of Council t hereby certify that copies of this Ordnance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. an,p~;Cl of Council, Dublin..Ohio l f. Parcel 20 0.444 Acres Situated in the State of Ohio, County of Union, Jerome Township, Virginia Military Survey Number 3452 and being 0.444 acres out of said Virginia Military Survey, and being 0.444 acres out of a 46.300 acre tract as conveyed to Warren Gorden of record in Official Record Volume 111, Page 313 and being more particularly described as follows; Beginning for reference at a found railroad spike being on the centerline of Li ett Road 40.00 feet wide, 99 ( County Road 41) also being a point on the westerly line of Virginia Military Survey Number 3452 and also a point on the Franklin, Union County line; Thence North 03°51'43" West with the centerline of said Liggett Road together with said westerly line of Virginia Military line, passing a found railroad spike at a distance of 846.52 feet for a total distance of 849.79 feet to the present centerline of Post Road (60.00 feet wide) and also being a point of curvature; Thence South 74°27'36" East with the centerline of said Post Road, a distance of 80.04 feet to a set gear spike and being the true point of beginning; Thence North 21°16'10" East crossing the existing right-of--way line of Post Road (60.00 feet wide), a distance 26.11 feet to a set iron pipe with an EDG cap and being a point on the existing right-of--way of said Post Road; Thence North 48°07'00" West continuing with said right-of--way line, a distance of 24.33 feet to a set iron pipe with an EDG cap and being a point on a curve; Thence through said 46.300 acre tract with a curve southeasterly and to the right having a radius of 850.00 feet, a central angle of 15°37'21 a chord bearing of South 60°15'53" East, a distance of 231.05 feet to a set iron pipe with an EDG cap and being a point on the existing northerly right-of--way line of said Post Road; Thence South 52°27'12" East continuing with said northerly right-of--way line, a distance of 443.47 feet to a set iron pipe with an EDG cap and being a point on the easterly line of said 46.300 acre tract and also being a point on the westerly tine of a 51. 851 acre tract as conveyed to Albert Schoby of record in Official Record Volume 189, Page 170, and also being a point on the westerly Dublin City Corporation Line; Thence South 03°58'12" East with the westerly line of said 51.851 acre tract, the easterly line of said 46.300 acre tract and the westerly line of said corporation line, a distance of 40.07 feet to a set gear spike and being the southeasterly corner of said 46.300 acre tract, the southwesterly corner of said 51.851 acre tract and being a point in the existing centerline of said Post Road; Thence North 52°27'12" West, with said centerline together with the southerly line of said 46.300 acre tract, a distance of 597.32 feet to a set gear spike; Thence North 74°27'36" West continuing with the centerline of said Post Road, a distance of 75.53 feet to the true point of beginning and containing 0.444 acres of land more or less and of which 0.441 acres of land resides in the current right-of- way of said Post Road. ~ EXHIBIT W Page 1 of 2 N a r This description was prepared by Environmental Design Group, Inc., Columbus, Ohio from an actual field survey. The basis of bearing for this description is North 03°51'43" East for the westerly Virginia Military Line of Survey Number 3452 and being the centerline of said Liggett Road (County Road 41 . i M Hard . T o. 7128 Da MAYNARD i~ H. THOMPSON ~ e~~~:'a~~~,c20 S. ~t~Q4 galsl0 444.doc gVEY Page 2 of 2 1 "=100' 100' 0 100' 200' S 74'27'36" E Situated in -the State of Ohio. County of Union. 80.04 Jerome Township. ,Virginia Military Survey Number O Ex. PL do CL 3452. From SPK. Fnd. To EX. P\L & ODOT Centerline CL N 03'51'43" E BREAKDOWN 3.27 L2 0.441 AC. OUT OF EX. R ~ P.O.B. 0.003 AC. OUT OF 46.300 AC. ~ ~ 0.444 AC. OUT OF VMS 3452 ~=15'3721" ~ ~ R=850.00 WARREN GORDEN ~ ~ CH.=S 60'15'53" E ORV111 PG313 U z 231.05 46.300 AC. ~ m z ~ ~ o o N U Ln Z ~ O a0 Z m o rn a~ EX. CL ~l, ~ o ~ c EX. PL 8~~~ ~'Qp Q~ U ~ v ~ ~ m ~ PROP. C~,Q ~p ~ 90,, F+ ~ ~ a ~ CL ~O• ~ c~'v I S ~ 'Q w > o ~ : o ~ p ,o o OS,~, ,o Q ~ -ri S o ~ o I • ?~j'QOgO . ~ ~ ~ ~ Z ~ ~ ~ s9~~ cn J \ l.~ \ POST HYLANDS CO. E DB244PG98 ORG. 4.935 AC. N0. BRNG. DIST. I ~ L1 N 21'16'10" E 26.11 ~ ~ L2 N 4807'00" W 24.33 ~ ~ L3 S 03'5812 E 40.07 ~ ~ L4 N 74'27 36 W 75.53 P.O.R. ~ ~ JEROME TWp. _ UNION COU_NT_Y DUBLIN FRANKLIN COUNTY POST HYLANDS CO. WASHINGTON TWp UBLIN) D.B. 244 Pg. 95 Org. 4.605 Acres This drawing was prepared by Environmental o° °°°°°°°°°°°oF ° Design Group, Inc.. Columbus. Ohio. from an ~ E o ~P•.•••••••••.,.y,°~o actual field survey. The basis of bearing for ? = R.R. Spk. Fnd. ° e this drawing is N 03'51'43" E for the westerly VMS • MAYNARD a Line of 3452 also bean the centerline of D =Gear Spk. Set e ' H. THOMPSON ; o . g • - I.P. Fnd. o ~ S_~~ 28 0 : ~o Liggett Road 40.0 wi e ( 41), o = I.P. Set ° I.P. Set are 3/4" I.D. •''A~',~STE~;•~'•• o°o~ Iron Pin 30" long with ~°°°°os(1RVEY0~` o°°°°°° t? cop inscribed EDG. °°OpOOOOOOOOOOOOOO y Ma Hard H n, .S. 7128 a { ~~o~. no: a~asoa * r r 3 +r,. ` PARCEL 20 - Eno: PLT08 ,'a" . m 1 ~ .o D~AW1 9Y: MSP - « 0.444 ACRES C-~(D. ~Y; MHT pMp~ _ ~ MCHTECrs - SGRVErOAS 0015 Mlw, Ar~N T~1 0f1 137 0015 C QN IJt10 Fit QN IJJ 95p c of ~cni i i a~aana nccai u t ci ~o~,c a •na nv ~~.r .v.e. _ _ _ Parcel 70 0.157 Acre Utility Easement Situated in the State of Ohio, County' of Union, Township of Jerome, Virginia Military Survey No. 3452, also being 0.157 acres out of an original 46.300 tract as conveyed to Warren Gorden as recorded in ORV 111 Pg 313 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows: • Beginning for reference at a found railroad spike being on the centerline of Liggett Road (40.00 feet wide, County Road 41) also being a point on the • westerly line of Virginia Military Survey Number 3452 and also a point on the Franklin, Union County line; Thence North 03°51'43" West with the centerline of said Liggett Road together with said westerly line of Virginia Military line, passing a found railroad spike at a distance of 846.52 feet for a total distance of 849.79 feet to the present centerline of Post Road (60.00 feet wide) and also being a point of curvature; Thence South 74°27'36" East with the centerline of said Post Road, a distance of 80.04 feet to a point; Thence North 21°16'10" East crossing the existing right-of--way line of Post Road (60.00 feet wide), a distance 26.11 feet to a point on the existing right-of--way line of said Post Road; Thence North 48°07'00" West continuing with said right-of--way line, a distance of 24.33 feet to the true point of beginning; Thence, North 48°07'00" West a distance of 28.10 feet to a point; Thence, along anon-tangent curve to the right with a radius of 860.00 feet, a I!~ central angle of 17°22'58", the chord of which bears South 6 chord distance of 259.91 feet to a point; 1 08 42 East for a Thence, South 52°27'12" East a distance of 434.62 feet to a point; Thence, South 03°58'12" East a distance of 13.36 feet to a point; Thence, North 52°27'12" West a distance of 443.47 feet to a point; Thence, along a curve to the left with a radi us of 850.00 feet, a central angle of 15°37'21 the chord of which bears North 60 15 53 West for a chord distance of 231.05 feet to the true point of beginning and containing 0.157 acres of land more or less. This description was prepared from an actual field survey by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing for this description is North 03° 51'43" East for the westerly VMS line of 3452 also being the centerline of Liggett Road (Co. Rd. 41). rte''--~~ O F rr~ f.an~r RD •O . No. 7128 at ;~t 'ir:. NA t Y , ~ ~ s• . 5-1128 ~ ~O a ~`'•G~STEP '~VE`(O Prep 1/2000 S:1Ruscilli1474604\legals\Parcel 70.doc ~ EXHIBIT a Page 1 of 1 1 00, 0 ~ 00, 200, S 74'27'36" E Situated in the State of Ohio, County of Union, 80.04 City of Dublin, Virginia Military Survey Number ® Ex. PL & CL 3452. From SPK. Fnd. To EX. P\L & ODOT Centerline CL N 03'51'43" E 3 WARREN GORDEN n- 3.27 ~ ORV111 PG313 ~ P.O.B. 46.300 AC. w . L2 p=17'22'58" O a. w ~ R=860.00 O CH.=S 61'08'42" E v DIST.=259.91 Z J Z m L1 I ~ \ 0.157 AC. OU ~ co Z O p z m o rn a~ EX. CL ~ ~ r~ ~ ~ EX. PL e i S F+ ° ~ a) ~ s2. ~ U d U ~ Ddo ~ PROP. CO ti S ~ ~ ~ 3 ~ CL 'Q,o 22), ~2,~ ¢ Ao w ; 2 - m o' o o A ~ sr~~ ' Q o u7 ~ o p=15'37'21" ~ ~ 62 ~ ~ o ;.n ~ R=850.00 ~ ~y I ~ ~ ~ ° ~ CH.=N 60'15'53" W ~ ZYO= 231.05 ~ ° a~ ~ ~ 4 .J -p \ \ Li.. \ POST HYLANDS CO. o DB244PG98 ,i ORG. 4.935 AC. N0. BRNG. DIST. I ~ L1 N 21'16'10" E 26.11 ~ ~ L2 N 48'07 00 W 24.33 ~ vi L3 N 48'07 00 W 28.10 ~ ~ L4 S 03'58 12 E 13.36 P.O.R. ~ ~ JEROME TWP, _ _UNION COUNTY DUBLIN FRANKLIN COUNTY POST HYLANDS CO. WASHINGTON TWp UBLIN) D.B. 244 Pg. g5 Org. 4.605 Acres This drawing was prepared by Environmental ° o~~ooooooooo,,o ,oo pF ~,,o Design Group, Inc., Columbus, Ohio, from an °°°°'~p ~ o, ° y~ oo actual field survey. The basis of bearing for ~ 'e this drawing is N 03'51'43" E for the westerly VMS o MAYNARD e Line of 3452 also being the centerline of o ; H. THOMPSON ~ o , ; S-7128 : ~o Liggett Rood (40.0 wide) Co, d. 1). ee :.FO ~o: °o o °o ~'°~SURVE`!~ oo"'' °°°~~ovooooooo~~°° ynar H ps P. 7128 a }h; k~ ~~TS3 ti. PARCEL 70 3~: v_- _ 10' UTILITY EASEMENT eu :~~no:°i~S 0.157 ACRES ca.~ off ~st~o F.s ea ~a~ asa S: RpSGIU s7a604 E~AULT SURVE T .DWG 0 -Ot-00 _ _ Parcel 71 0.162 Acre Construction Easement Situated in the State of Ohio, County of Union, City of Dublin, Virginia Military Survey No. 3452, also being 0.162 acres out of an original 46.300 tract as conveyed to Warren Gorden as recorded in ORV 111 Pg 313 (all records being of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows: Beginning for reference Beginning for reference at a found railroad spike of the centerline of Liggett Road (40.00 feet wide) (County Road 41) also being the westerly line of Virginia Military Survey Number 3452 with the intersection of the northerly line of Union County; Thence North 03°51'43" West, with the centerline of said Liggett Road together with the westerly line of said Virginia Military Survey passing a found railroad spike, a distance of 846.52 feet, a total distance of 849.79 feet to a point on the existing centerline of Post Road and also being the southerly property line of said 46.300 acre tract; Thence South 74°27'36" East with the centerline of said Post Road, a distance of 80.04 feet to a point; Thence North 21°16'10" East, leaving the centerline of said Post Road a distance of 26.11 feet to a point on the existing northerly right of way of said Post Road; Thence North 48°07'00" West continuing with said right-of--way, a distance of 52.44 feet to the true point of beginning; Thence, North 48°07'00" West with said right-of--way a distance of 22.20 feet to a point; Thence, North 17°21'22" West with said right-of--way a distance of 1.90 feet to a point on a curve; Thence, along anon-tangent curve to the right with a radius of 870.00 feet, a central angle of 18°49'04", the chord of which bears South 61°51'45" East for a chord distance of 284.45 feet to a point; Thence, South 52°27'12" East a distance of 425.76 feet to a point; Thence, South 03°58'12" East a distance of 13.36 feet to a point; Thence, North 52°27'12" West a distance of 434.62 feet to a point; Thence, along a curve to the left with a radi us of 860.00 feet, a central angle of 17°22'58", the chord of which bears North 61 08 42 West for a chord distance of 259.91 feet the true point of beginning and containing 0.162 acres of land more or less. This description was prepared from an actual field survey by Environmental Design Group, Inc., Columbus, Ohio. The basis of bearing for this description is North 03° 51'43" East for the westerly line of VMS 3452 also being the centerline ~ of Liggett Road (Co. Rd. 41). n~ ~ i- t,~r Q t ;,,~;,';~~RD Ma nar H. p o P . No. 7128 a reparec~.Q,~~2/ S~Rt1~,c"~i~147\I als\Parcel71.doc S~ ~~:T~•OQ` RVE`~ ~ EXHIBIT Page 1 of 1 00~ 100' ~ 100' 200' S 74'27 36 E Situated in the State of Ohio, County of Union, 80.04 „ City of Dublin, Virginia Military Survey Number ® Ex. PL & CL 3452. From SPK. Fnd. To EX. P\L & Centerline N 03'51'43" E P.O.B. WARREN GORDEN m 3.27 ~ ORV111 PG313 4 p=18'49'04" 46.300 AC. w L2 R=870.00 o n. CH.=S 61'51'45" E w p 284.45 U ODOT ~ CL 1 Z m \ .162 AC. o 0 I `N U ~p Z O a, ~ EX. CL ~ o ° ~ ~ ~ EX. PL S F+ _ ~ ~Q' ~ OG ti S ~ v o_v ~ ago ~ PROP. e<~ S2. ~L cn ~ a ~ '4',0 ~ " F ° m ~ oa ~ O A ~ A2 ~ Q O ~ o ,.o A~ S) ~ ~ ° I p=17'22'58" A 6 ~`n~ I ~ R=860.00 ~ ~p 62 ~ ~ ° ~ CH,=N 61'08'42" W ~ ~ Z Y ~ 259.91 ~ L5 a~ o_ ~ ~ ~ J ~ \ \ \ lL POST HYLANDS CO. o DB244PG98 ,i ORG. 4.935 AC. N0, BRNG. DIST. I L1 N 21'16'10" E 26.11 cp ~ L2 N 48'07'00" W 52.44 ~ ~ L3 N 48'07'00" W 22.20 ~ ~ L4 N 17'21 22 W 1.90 j j L5 S 03'58'12" E 13.36 P.O.R. JEROME TWP, _ UNION COU_NT_Y DUBLIN FRANKLIN COUNTY POST HYLANDS CO. WASHINGTON T (P UBLIN) D.B. 244 Pg. g5 Org. 4.605 Acres This drawing was prepared by Environmentol °°°°°~6°°°pF°°°°°°°° Design Group, Inc., Columbus, Ohio, from an °°°°°°°~~P . ~~y~o o actual field survey. The basis of bearing for this drawing is N 03'51'43" E for the westerly VMS o MAYNARD o Line of 3452 also being the centerline of e,~ . H. THOMPSON ? o , S-7128 . ~o Liggett Road (40.0 wide) (Co. R 41 o• ° e ~STE~• o° • °o ~SVRV E`f 0~ M a a rd H . .7128 a _ L 4 •~4`, PARCEL 71 . n 10' CONSTRUCTION EASEMENT P{J. BV: MHT pipes , ~ A~#TECTS - SG4VEYORS sou Mfw~ Ar~nw T°t 011 IJJ D013 0.162 ACRES cw.,,eu,~ on Isi1v F..c eu IJJ as69 5: RU SGW s7s604 DEFAULT Si iRaF a?unw n _n. n,.