HomeMy WebLinkAbout35-00 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ...............................................35-00.... Passed
AN ORDINANCE TO APPROPRIATE A 0.341 ACRE, MORE OR LESS,
FEE SIMPLE INTEREST (PRESENT ROAD OCCUPIED), A 0.116 ACRE, MORE
OR LESS, UTILITY EASEMENT AND A 0.117 ACRE, MORE OR LESS,
TEMPORARY CONSTRUCTION EASEMENT, FROM ALBERT SCHOBY,
LOCATED EAST OF LIGGETT ROAD AND NORTH OF PERIMETER DRIVE,
CITY OF DUBLIN, 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 Liggett 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 City of Dublin,
Union County, Ohio.
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide
funding for this acquisition.
NOW, T BEFORE, 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, 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 Liggett 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 One Thousand
Four Hundred Twenty Six Dollars and 00/100 Cents ($1,426.00) 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 One Thousand
Four Hundred Twenty Six Dollars and 00/100 Cents ($1,426.00) 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 Liggett 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 One Thousand Four Hundred Twenty Six Dollars and 00/100 Cents
($1,426.00) 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 ..............................................Eage.Two 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 Liggett 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 day of -e-6r~ , 2000.
Mayor Presiding Officer
ATTEST:
Clerk of Council
~ I hereby centify that copies of this Drdinonce~Resolutio
City of Dublin in ncrordonce with Section T31.25 of then were posted in thf
Ohio Revised lode,
CI of Council, Dublin, 06io
Parcel 21 Right of Way
0.341 Acre
Situated in the State of Ohio, County of Union, City of Dublin, Virginia Military Survey
Number 3452 and being 0.341 acres out of said Virginia Military Survey and being
0.341 acres out of a 51.851 acre tract as conveyed to Albert Shoby of record in Official
Record Volume 189, Page 170 (all records being of the Recorder's Office, Union
County and Franklin County, Ohio) and being more particularly described as follows;
Beginning for reference ant the centerline of Post Road (60.00 feet wide) as shown
upon the recorded plat of Avery Road Retail Center, Section 1 of record in Plat Book
86, Page 86 also being the northeasterly corner of a 81.149 acre tract (Deed), 81.151
acre tract (Calculated) as conveyed to BJL Limited Partnership of record in Official
Record Volume 10507D06;
Thence with said centerline of Post Road together with the northerly property line of
said 81.151 acre (Calculated) tract, the northerly property line of a 1.398 acre tract as
conveyed to GLK Properties, LTD., LLC. of record in Official Record Volume 31974E09,
and the northerly line of an original 4.935 acre tract as conveyed to Post Hylands Co. of
record in Deed Book 244, Page 95, the following three courses;
1) North 86°47'00" West, a distance of 1017.85 feet to a point;
1) North 71°47'40" West, a distance of 421.15 feet to a point;
1) North 71°48'08" West, a distance of 169.64 feet to a set gear spike being the
southeasterly corner of said 51.851 acre tract and being the true point of
beginning;
Thence North 71°48'08" West, a distance of 11.48 feet to an railroad spike found;
Thence North 52°27'12" West with said centerline of Post Road together with the
southerly line of said 51.851 acre tract, a distance of 475.98 feet to a set gear spike and
being the southeasterly corner of a 46.300 acre tract as conveyed to Warren Gorden of
record in Official Record Volume 111, Page 313;
Thence North 03°58'12" West with the easterly line of said 46.300 acre tract together
with the westerly line of said 51.851 acre tract, a distance of 40.07 feet to a set iron
pipe with an EDG cap and being a point on the northerly existing right-of--way of said
Post Road;
Thence South 52°27'12" East through said 51.851 acre tract and continuing with said
northerly right-of--way, a distance of 497.42 feet to an set iron pip with an EDG cap;
Thence South 71°48'08" East continuing with the northerly right-of--way and through.
said 51.851 acre tract, a distance of 6.37 feet to a set iron pipe with an EDG cap and
being a point on the easterly line of said 51.851 acre tract and also being a point on the
westerly line of a 46.833 acre tract as conveyed to Northwest Assembly of God of
record in Official Record Volume 102, Page 1;
EXHIBIT
1
Thence South 18°12'53" West with said easterly line of said 51.851 acre tract and said
westerly line of said 46.833 acre tract, a distance of 30.00 feet to the true point of
beginning and containing 0.341 acres of land of which 0.341 acres resides in the
present right-of way of said Post Road.
This description was prepared by Environmental Design Oroup, Inc., Columbus Ohio.
The basis of bearing is North 86°47'00" West for the centerline of Post Road.
Prepared01/31/2000
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Parcel 72
0.116 Acre Utility Easement
Situated in the State of Ohio, County of Union, City of Dublin, Virginia Military
Survey No. 3452, also being 0.116 acres out of an original 51.851 tract as
conveyed to Albert Schoby as recorded in ORV 189 Pg 170 (all records being of
the Recorder's Office, Union County, Ohio) and being more particularly described
as follows:
Beginning for reference at a found railroad spike of the centerline of Ligget 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 Ligget 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 (60.00 feet wide);
Thence South 74°27'36" East with the centerline of said Post Road, a distance of
155.58 feet to a point;
Thence South 52°27'12" East, continuing with the centerline of said Post Road, a
distance of 570.76 feet to a point;
Thence North, 37°32'48" .West, leaving the centerline of said Post road, a
distance of 30.00 feet to a point on the existing northerly right-of--way of said Post
Road and being the true point of beginning;
Thence, North 03°58'12" West a distance of 13.36 feet to a point;
Thence, South 52°27'12" East a distance of 504.57 feef to a point;
Thence, South 71°48'08" East a distance of 4.67 feet to a point;
Thence, South 18°12'53" West a distance of 10.00 feet. to a point;
Thence, North 71°48'08" West a distance of 6.37 feet to a point;
Thence, North 52°27'12" West a distance of 497.42 feet to the true point of
beginning and containing 0.116 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).
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EXHIBIT
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Page 1 of 1 a
Fro?~i SPK. Fnd. Situated in the State of Ohio, County of
To Proposed Union ,City of Dublin, Virginia
Centerline Militor Surve N
N 03'51 43 E S 74'27 36 E Y y o. 3452.
3 27 ODOT 4 Ex 8PL dt CL 1
" 200'
CL
Prop. WARREN GORDEN ~ 200' 0 200' 400'
ORV111 PG313 wI
I 46.300 Acres ~ ~
w~
o
DUBLIN v
CORD' \ ~
evil, P.O.B. ~ m
I o 0
'Q,o ~ v
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\ ~ ALBERT SCHOBY
Prop. ORV189 PG170
51.851 Acres
~ POST HYLANDS CO.
~ D.B. 244 Pg. 98 ~ ss?~
Org. 4.935 Acres ~
o ~
o ~ ~ ~S ~
o Prop. \ ~ \ Ohs,
~ R W ~ ~
L3
I I~
I ~ IPOST HYLANDS 0.
D.B. 244 Pg. ~5 4
P.O.R. JEROME TWp, l Org. 4.605 Acres o'o
- _ _ UNION ~ COUN TY (DUBLIN _ N
w
~ FRANKLIN COUNTY - - - - - - - I ~ ~
x ~ (DUBL N) - - -o-~
~ WASHINGTON TWp.
v
D.. J r7 Q
NN POST HYLANDS CO. ~ J ~ ~I
D.B. 3096 Pg. g ~ ~ ~ I
» J J O
3.682 AC. ~
N0. DELTA RADIUS CH. BRNG. 01ST.
L1 N 03'58'12` W 13.36
~ S 71'48'08' E 4.67 \
L3 S 18'i 2'53' W 10.00
L4 N 71'48'08' W 6.37 ~ \
~ N 372'48" E 30.00 \
CASTO AFFINITY LTD. ~ ~ \
Inst. No. 199712190171121 ~
40.108 AC.
This drawing was prepared by Environmental
°°o°~°~E~~~pF°°°°°°°°e Design Group, Inc., Columbus, Ohio, from on
••••.~ti,oe actual field survey. The basis of bearing for
o°° MAYNARD o this drawing is N 03'51'43" E for the westerly VMS
o o Line of 3452 also being the centerline of
H. SHOt~$SON 99
$ : ; o Li ett Road (40.0' wide Co. Rd. 41)•
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Parcel 73
0.117 Acre Construction Easement
Situated in the State of Ohio, County of Union, City of Dublin, Virginia Military
Survey No. 3452, also being 0.117 acres out of an original 51.851 tract as
conveyed to Albert Schoby as recorded in ORV 189 Pg 170 (all records being of
the Recorder's Office, Union 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) ;
Thence South 74°27'36" East with the centerline of said Post Road, a distance of
155.58 feet to a point;
Thence South 52°27'12" East, continuing with the said centerline of Post Road a
distance of 597.32 feet to a point;
Thence North 37°32'48" East crossing the existing right-of--way line of Post Road
(60.00 feet wide), a distance 40.00 feet to the true point of beginning;
Thence, North 03°58'12" West a distance of 13.36 feet to a point;
Thence, South 52°27'12" East a distance of 514.87 feet to a point;
Thence, South 18°12'53" West a distance of 8.96 feet to a point;
Thence, North 71°48'08" West a distance of 4.67 feet to a point;
Thence, North 52°27'12" -West a distance of 504.57 feet to the true point of
beginning and containing 0.117 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).
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S:\Ruscilli\474604\legals\Parcel73.doc
EXHIBIT
Page 1 of 1 Q
From SPK. Fnd. Situated in the State of Ohio, County of
To Proposed Union, City of Dublin. Virginia
Centerline S 74'27'36" E Military Survey No. 3452.
N 03'51'43" E 155.58
3.27 O Ex. PL do CL 1 "=200'
ODOT
CL
Prop. WARREN GORDEN ~ I 200' 0 200' 400'
ORV111 PG313 g
I 46.300 Acres ~ p_
w~
O
DUBLIN Pro R W v
CORP, O~ ~ z J
eli,L P.O.B. o m
I U ~
~A ~ o
o ~
z ALBERT SCHOBY
~ Prop.
ORV189 PG170
a 51.851 Acres
~ POST HYLANDS CO. SS
~ D.B. 244 Pg. 98 I ?
o ~ Org. 4.935 Acres ~
~ ~
~ ~ ~~ty~s~
~
o Prop. ~ ~ ~8~
v R W L2
~ I I
I ~ IPOST HYLANDS 0.
I D.B. 244 Pg. ~5
P.O.R. JEROME TWP, Org. 4.605 Acr~s °'o
_ _ _ _ UNION COUNTY (DUBLIN _ _ _ ~
3 FRANKLIN COUNTY - - - - - I ~ r
~ WASHINGTON TWP, v
I °~~al
vicn POST HYLANDS CO. ~ > 00
D.B. 3096 Pg. 9 ° ~ I
3.682 AC. ~ ~ o
c~
N0. DELTA RADIUS CH. BRNG. DIST.
L1 N 03'58'12" W 13.36 ~
~ S 18'12'53" W 8.96 \
~ N 71'48'08" W 4.67 \ \
L4 N 372'48' E 40.00
CASTO AFFINITY LTD. ~ ~ ~
Inst. No. 199712190171121 ~
40.108 AC.
This drawing was prepared by Environmental
°°°°°pF Design Group, Inc., Columbus, Ohio, from an
°°°°,~P ~y °aa actual field survey. The basis of bearing for
~ ~ '•.~o o this drawing is N 031'43" E for the westerly VMS
o ? MAYNARD e Line of 3452 also being the centerline of
o,~ H. THOMPSON
o s-7~2s ~e Liggett Road (40.0' wide) (Co. 41).
o : o
°°°°°SVRVEYO~`, ~ l
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_<~,..c: 474604 PARCEL 73
,
0.117 ACRES
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