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HomeMy WebLinkAbout37-00 Ordinance 4,.,...._._....... 11i1f1iYrflill KYIAallil%I RECORD OF ORDINANCES D vton Legal Blank Co Form No. 30043 Ordinance No ...............................................37-00... Passed AN ORDINANCE TO APPROPRIATE A 0.073 ACRE, MORE OR LESS, FEE SIMPLE INTEREST (PRESENT ROAD OCCUPIED), A 0.024 ACRE, MORE OR LESS, UTILITY EASEMENT AND A 0.024 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM WILLIAM SYAR, LOCATED NORTH OF POST ROAD, 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 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 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 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 Hundred Ninety Five Dollars and 00/100 Cents ($295.00) 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 Hundred Ninety Five Dollars and 00/100 Cents ($295.00) to the Perimeter West TIF Fund for the A 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 Hundred Ninety Five Dollars and 00/100 Cents ($295.00) to account 431-0314-780-2510 for the purpose of paying all costs incident to such acquisition. RECORD OF ORDINANCES Da on Le al Blank Co. Fo 4 Ordinance No ...........................Page..'T.w.o............ 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 day of , 2000. Mayor - Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance~Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Lode. tle c of Council, Dublin, Ohio Parcel 23 Right Of Way 0.073 Acre Situated in the State of Ohio, County of Union, City of Dublin, Virginia Military Survey Number 3452 and being 0.073 acres out of said Virginia Military Survey and being 0.073 acres out of a 1.060 acre tract as conveyed to William Syar f record in Deed Book 315, Page 549_ (all records being of the Recorder's Office, Union County and Franklin County, P, 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 ,and the northerly property line of a 1.398 acre tract as conveyed to GLK Properties, LTD., LLC. Of record in Official Record Volume 31974E09, the following three courses; 1) North 86°47'00" West, a distance of 1017.85 feet to a point; 2) North 71°47'40" West, a distance of 421.15 feet to a point; 3) North 71°48'08" West, a distance of 33.64 feet to a set gear spike being the southeasterly corner of said 1.060 acre tract and also being the southwesterly corner of a 46.833 acre tract as conveyed to Northwest Assembly of God of record in Official Record Volume 102, Page 1 and being the true point of beginning; Thence North 71°48'08" West with the centerline of said Post road together with the southerly line of said 1.060 acre tract, a distance of 106.00 feet to a set gear spike and being the southeasterly corner of said 1.060 acre tract and also being the southwesterly corner of said 46.833 acre tract; Thence North 18°12'12" East with the easterly line of said 46.833 acre tract together with the westerly line of said 1.060 acre tract, a distance of 30.00 feet to a set iron pipe with an EDG cap; Thence South 71°48'08" East through said 1.060 acre tract, a distance of 106.00 feet to a set iron pipe with an EDG cap and being a point on the easterly line of said 1.060 acre tract and also being a point on the westerly line of said 46.833 acre tract; Thence South 18°12'12" West with said easterly and westerly line, a distance of 30.00 feet to the true point of beginning and containing 0.073 acres of land more or less of which 0.073 acres resides in the current right-of--way. This description was prepared by Environmental Design Group, Inc., Columbus Ohio from an actual field survey. The basis of bearing is North 86°47'00" West for the centerline of Post Road. ``p.,,1~-. aynar p n, P.S. 712 u: ~ i 7''. S:Uus~~l,~'1~~~Ibtj~ \Q-_073.doc . , EXHIBIT a • 0°pp000}'''0~0000pp00 °Opp ^7 ~Oe p°° ~•u~~• , ° • ° ~ N D • e ° o <:y °O~'•~ ENO ~ ~o GIN 2 0 °o °°OOOOOpoo°p~ pp0po°°°°°p° ~ ~ p Oa ~ ~ ~ ~zo o-~ ~ O c~ ~ '~rnc~ I Od ~ ~ ~o~~ _ °aooo.c° i / w = w o v~Di~~c°n ~ ~ ~ / I ~ s o v D ao s s~ I ,4b ,a n~ o CD o ~ a t~~ ~ ~D° ° ~ ~ ANN N ~ O Oj p I / X00 O 00 ~ UO•<. I DO ~ OON ~ O O 3 I ~ m ~ ' pp N o ~ ~ ~ ~ ~ O N ~ ~ C \ ~ C O .O ~ ~ co GLK P OPERTIES o k ~ \ o- LTD. I LLC ~ / wv ~ ~ ORV~1974E09 0 ~ ~ ~ a ~ 1 3 8 AC. ~ n c~ DB3~ qM S o' cn yr» cn 060 S AGS qR ~ o ~ o v a q C 4g o 0 rn ~ z~ ~ ~ ~ o 00 0 0 z l ? / / / o ~ ~ o' _ ~~z / 2 / N o o ~ Z'n ~ v w~ wo; ~ oV ov zc° I O~~ ~ V W~ ON D D D 00 OOp~ Z ~O ON W ~ N ~ ~ m rn O • ~ ~ r ~ I - oo m O O ~ ~ cn ~ < r ~ ~ / ~ g ,cD~ ~ W c c y c.,,, c n ~ ~ ~ r- N O ~ O ^ o a r v „ ~ < r~ z n p 0~ Z i CA ~ X ~ O O o v / O N ~ ~ a a ~ ~ o ~ ~ / / N ~ c s I / / ' / - - o Z ~C~DCC~ ~ ~ ~ o • D? ~ O ~ ce<~rn ~ O rt =•-DN II II II II O ~ ~ fD `G ~ fD to ~ . - c~D (n (D O N I I O ° a~ D ° W a' i~ O O cn m0~ ~ N, ~ ~ ~ N ~ ~ ~ ~ S . O ?t~.i. C: 474604 ykttt: • %e..t;.n;. a:,:~:a axtt:% ~W::~:: PARCEL 23 - p 0.073 ACRES -~J. 9": ~Ht LAACSCAPE ARCNTECTS„- SU9VEYORS sots Mhn. Ar«w. T~[ aN 133 90J3 RIGHT-OF-WAY cwneu~ cw a:ao ir. a~ a3 ssu e.~e. n..rc,..~ ~....r Parcel 76 0.024 Acre Construction Easement Situated in the State of Ohio, County bf Union, City of Dublin, Virginia Military Survey No. 3452, also being 0.024 acres out of an original 1.060 tract as conveyed to William Syar as recorded in DB 315 Pg 549 (all records being of the Recorder's Office, Union County, Ohio) and being more particularly described as follows: ~sA 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 tract ,and the northerly property line of a 1.398 acre tract as conveyed to GLK Properties, LTD., LLC. Of record in Official Record Volume 31974E09, the following three courses; 1) North 86°47'00" West, a distance of 1017.85 feet to a point; 2) North 71°47'40" West, a distance of 421.15 feet to a point; 3) North 71°48'08" West, a distance of 33.64 feet to a point being the southeasterly corner of a 1.060 acre tract as conveyed to William Syar of record in Deed Book 315, Page 549; Thence North 18°12'12" East, a distance of 40.00 feet to the true point of beginning; Thence, North 71°48'08" West a distance of 106.00 feet to a point; Thence, North 18°12'12" East a distance of 10.00 feet to a point; Thence, South 71°48'08" East a distance of 106.00 feet to a point; Thence, South 18°12'12" West a distance of 10.00 feet to the true point of beginning and containing 0.024 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 86° 47'00" West, for the centerline of Post Road. Z Maynard O o. 7128 e i'~ Y YL1 !~'~i•t •:nr1J ; y. S-1128 f ~ n ~ (~R 1i EY O Prepared:02/02/2000 S:\Ruscilli\47460411egalslParcel 76.doc EXHIBIT a Page 1 of 1 . °p0°ooo0000000000~°~, °o° ~ ''b ooo° sJ, . ~ J' ~ °°c:~ e o° ~ ~ ~ N = n ~ ~ e O o .C : t~ oo N ~ ~ c .n N = o .p 0 ooOOOOOpOOOO ooooo°p0~° oo°o ~ (~J1 p Oa ~ ~ O ~ ~ / ~ p G N ~ O Z n ~ ? ~ ~ / /may O ~ o a I ~ / 1~ ~ caD rn ~ ~ ~ _ a0a~~ / W g ~ ' ~ -c'1o / ~ cn O D o ° s o v I ~ + n~~ s ~I c~ ~ ~ n. M a ° o~ ~ N ~ S O Z N oo.o~ i ~ o°° 7 ~ ~ C C O ~ ~ CD GLK P OPERTIES \ 5' / LTD.ILLC o ~ \ < ~ o~ ~ T ORV~1974E09 1.3 8 AC. / •°°°orn o ~ /CC/q ~ e M o' cn N o0 1, p ~ls p SYgR ~ o ~ 0 0 i N Z Iz / / N r iZ / V / Z Z ~ m ~ O O NCO ~ v ~ ~ O ~ O N Q~ 00 00 O ~ Z ~ ~ / ~ ~ .p ~ N W N (n c~D O C7 ~ O a ~ ~o ~ / 00 O ~ a ~ ~ o rn ~ / O ~ / ~ / ~ / / p II O ~ Z 'D C7 D C C7 O i (D < "O (D O ~ p~ ~f~D`G ~ CD -i ~ z I J ~I 0 3~ aQ I ; ~O~ ~ °•~D C I I Z7O ~ ~ m ~ O ~ o p~ ~ --*o ....,.~~:3~,,:s. c7aBD< PARCEL 76 :RAA". 3~: ~5= a ©®e e e ~ o ~P : 0.024 ACRES B": V~.T pyp~S - LAADSCAPE ARCHTECTS -SURVEYORS I DONS Antwr AYNw~s ri sa ~JJ Das 30 CONSTRUCTION EASEMENT CorbnbuR, ON IJ?IO Fu. QN IJJ DSN S'\RUC9LLI\DEFAUIT\SURVEY PLTt2.DWC 01-07-00 ~ ~ ~ Parcel 77 0.024 Acre Utility Easement Situated in the State of Ohio, County of Union, City of Dublin, Virginia Military Survey No. 3452, also being 0.024 acres out of an original 1.060 tract as conveyed to William Syar as recorded in DB 315 Pg 549 (all records being of the Recorder's Office, Union County, Ohio) and being more particularly described as follows: Beginning for reference at 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 tract, and the northerly property line of a 1.398 acre tract as conveyed to GLK Properties, LTD., LLC. Of record in Official Record Volume 31974E09, the following three courses; 1) North 86°47'00" West, a distance of 1017.85 feet to a point; 2) North 71°47'40" West, a distance of 421.15 feet to a point; 3) North 71°48'08" West, a distance of 33.64 feet to a point at the southeasterly corner of said 1.060 acre tract; Thence North 18°12'12" East, crossing said Post Road right-of--way, a distance of 30.00 feet to the true point of beginning Thence, North 71°48'08" West a distance of 106.00 feet to a point; Thence, North 18°12'12" East a distance of 10.00 feet to a point; Thence, South 71°48'08" East a distance of 106.00 feet to a point; Thence, South 18°12'12" West a distance of 10.00 feet to the true point of beginning and containing 0.024 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 86° 47'00" West, for the centerline of ost R ad A JAN 14 2000 y rd + s o. 7128 Date Yr •~••.oy • F ~ ~ M~IYNARD r; a H. THOMPSON $ 5-7128 ~ ~ , , • p ~VEY Prepared: January 13, 2000 S:\Ruscilli\474604\legals\Parcel 77.doc EXHIBIT a Page 1 of 1 M~ °°°°p0oooo000oooo~e ° ee °°0° S $ee ' e o~:~ N=a e O .y o O :.~p cn o °o ~ N = ° ~ o eeeeeDpOp•o 00000000°°°° ~ ~ D Da ~ ~ ~ O ~ ~zc v ~o ~ a ~ / / a$ag~c ~ ~ w w -i ~ ~ C -d4 / ~ ~ O D ~ 1 C I S ~ ~ ?a C7 O O • ~ ~ Q .a ~ ~ v N Z rd Z O ~ ~~C~ v ~ A ~ ~ r :U ~ o ~ N ~ Q' ~ ~ v° GLK P OPERTIES \ ~ a LTD. I LLC / N\ ~ ~ ORV~31974E09 ~ gg ,c s 1.38AC. /m o p p e/3 ~qM ° ~ to O6~ S p~ YqR ~ ~1 ~ ~~p N O O DIz a / / N ~ ~ ? ZIP ~ ~ / oo ~o n zg w ~ 1 rn ~ -i ~ V W+' N ~p< D 3'°'' ~ OoOI~ C'Z /p- ~p N W~ N ~O ~ r -Zj I -~C 00 ITI ~ -ti O n ~ ~ ~ r v / O 0^ O a Z I~ ~ ~ n 0 D o~' ~ ~ O ~ ~ / O O `'C a v Q) j I ~ (D ~ ~ ~ i / ~ I O / / ~ ' / / p III p O Z -D C7 D C C7 p i CD < U (D ~ ~ (0 F I ~ O~ ~N`G ~f~ ~ v ~ ~ p 3 ~ (n ~ (D °~°O~rno. CD N ~ ~ Cn i o p ~ti 0 i • 1~ J ?ice,,. \0: t7t604 y+,:•~`+~}.,, ~ ~ PARCEL 77 _c PL i59 ' m ~iAN1 av. ysp © f o~ - 0.024 ACRES c-<:. a~: MST avo~rs - ueoscnre ~ncwrECrs - suavEror+s sou Mt~nr AY.nw r.~ su ua sors 10' UTILITY EASEMENT cower ow ~,u~o F.~ eu us sari e. o ~ , nrr.. _ _ _