156-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No
Passed
AN ORDINANCE TO APPROPRIATE REAL ESTATE FOR THE
PURPOSES OF EXPANDING COSGRAY PARK, PROVIDING
PARKLAND, PROVIDING RECREATIONAL FACII,ITIES, AND
PROVIDING ROADS AND PUBLIC UTILITIES FOR THE
RESIDENTS OF THE CITY OF DUBLIN. THE REAL ESTATE IS
OWNED BY JANICE VOWELL, CONSISTING OF
APPROXIMATELY 31 ACRES, LOCATED WEST OF COSGRAY
ROAD AND SOUTH OF S.R. 161.
WHEREAS, the City of Dublin is preparing to expand Cosgray Park, and provide
parkland, recreational facilities, roads and public utilities for the residents of the City of
Dublin; and
WHEREAS, said expansion and improvements will require the City of Dublin to obtain
a fee simple interest in and to the premises described in the attached Exhibit "A" located
in the Township of Washington, Franklin County, Ohio.
WHEREAS, it is necessary to amend the annual appropriations measure to provide
authorized funding for the acquisition.
NOW, RE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, of the elected members concumng that:
Section 1. A fee simple interest in and to the premises located in the Township of
Washington, Franklin County, State of Ohio, and more fully described in the legal
description attached hereto as Exhibit "A" is hereby appropriated for the public purpose
of expanding Cosgray Park and to provide parkland, recreational facilities, roads and
public utilities, 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 Seven
Hundred Seventy Five Thousand Dollars and 00/100 Cents ($775,000.00) which sum shall
be deposited with the Franklin County Common Pleas Court for the use and benefit of the
owner of the property appropriated as his interest may appear. Upon such deposit, the
City of Dublin shall take possession of and enter upon the property pursuant to law.
Section 3. Council fords 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. There be appropriated from the unappropriated balance in the General Fund
''~` the amount of $775,000.00 to account O1-O1-19-2510 for the purpose of purchasing this
31 +/- acre tract and paying related acquisition costs.
Section 6. This ordinance shall take effect and be in force on the earliest date permitted
by law.
Passed is ~,~day of ~ , 1997.
I hereby rert+fy that copies of this Ord:nance% w
yor -Presiding Officer cty of Dublin in accordance with Section 731.25 of the Ohio R vise
ATTEST: _n
~~ Clerk oNCounct~ Dublin. ~-
Clerk of Council
DESCRIPTION OF 31.049 ACRES OF LAND LOCATED EAST OF
HOIICHARD ROAD AND NORTHEAST OF THE CONRAIL RAILROAD,
IN THE TOWNSHIP OF WASHINGTON, COUNTY OF FRANKLIN,
STATE OF OHIO
EXHIBIT _ ; _
~S ~ ~~~;
-~-
`'~
~Y `~
. ~-,
x - - --
Situated•in the State of Ohio, County of Franklin, Township
of Washington, being in Virginia Military 'Survey Nos. 14150 and
14400 and containing 31.049 acres of land; more or less, part of
said 31.049 acres, being all of that tract of land containing "18
acres and 124 rods of land" (18.775 acres) and part of said
31.049 acres being all of the residue of that "twenty-twv and
seventy hundredths acres of land" (22.70 acres) as both are
described in the deed to James Vowell and Janice Vowell, of
record in Deed Book 2653, Page 490, Recorder's Office, Franklir:
County, Ohio, said 31.049 acre area of land being more
particularly described as follows:
Beginning, for reference, at a railroad spike found in the
centerline of Houchard Road at the southwesterly corner of that
4.11 acre tract of land (3.231 acres of land, more or less,
according to a survey by Bauer, Davidson & Merchant, Inc.)
described ir. the deed to Janice Vowell, of record in Deed Boos.
3292, Page 683, Recorder's Office, Franklin County, Jhio, saic
railroad spike being located N-11'11'18"W, a distance of 154.~•~
feet from an aluminum cap set in concrete (Franklir_ County
monument FCGS 8850); thence,.from said reference point of
beginning, N-10°31'57"W, with the centerline of said Houchard
Road and with the westerly line of said 3.231 acre tract, a
distance of 615.01 feet to a point in the westerly extension of
the northerly line of said 18.775 acre tract; thence
N-82°29'07"E, with said westerly extension of the northerly line
of said 18.775 acre tract and crossing the Conrail Railroad, a
distance of 121.44 feet to a 3/4-inch (I.D.) iron pipe set at the
true point of beginning at the northwesterly corner of said
18.775 acre tract, said iron pipe also being in the northeasterly
right-of-way boundary of said Conrail Railroad;,
Thence from said true point of beginning, N-82°29'07"E, with
the northerly line of said 18.775 acre tract, a distance of
1589.25 feet to a stone found at the northwesterly corner of said
18.775 acre tract, the same being in the westerly line of that
42.672 acre tract of land described in Exhibit A in the deed to
the Washington Township Board of Trustees, of record in Official
Record 13527E12, Recorder's Office, r^ranklin County, Ohio;
Thence S-6°27'50"E, with the easterly line of said 18.775
acre tract, with the easternmost line of said 22.70 acre tract
and with the westerly line of said 42.672 acre tract, a distance
of 958.98 feet to a 3/4-inch (I.D.) iron pipe set at a
southeasterly corner of said 22.70 acre tract, the same being the
southwesterly corner of said 42.672 acre tract and in the
northerly line of that 33.6 afire tract of land designated as
PARCEL 2 and described in "Exhibit A" in the deed to the
Subsidiary Development Corp., of record in Deed Book 3677, Page
668, Recorder's Office, Franklin County, Ohio;
Thence 5-83°32'10"W, with a southerly line of said 22.70
acre tract and with the northernmost line of said 33.6 acre
tract, a distance of 228.36 feet to a 3/4-inch (I.D.) iron pipe
set at a corner of said 22.70 acre tract, the same being the
northwesterly corner of said 33.6 acre tract;
Thence S-6°27'50"E, with an easterly line of said 22.70 acre
tract and with the westerly line of said 33.6 acre tract, a
distance of 240.52 feet to a 3/4-inch (I.D.) iron pipe found at a
southeasterly corner of said 22.70 acre tract, the same being the
northeasterly corner of that 6.260 acre tract of land described
in Exhibit "A" in the deed to Mark A. Kirkman and Gale R.
Kirkman, of record in Official Record 10711D01, Recorder's
Office,_Fr~K,lin CQUg,~y= Ohio; _.___-._._._.. •
Thence 5-81°40'24"W, with the southerly line of said 22.70
acre tract and with the northerly line of said 6.260 acre tract,
a distance of 519.73 feet to a 3/4-inch (I.D.) iron pipe found at
the northwesterly corner of said 6.260 acre tract in the
northeasterly right-of-way boundary of said Conrail Railroad;
Thence northwes~war3Iy;- witi' the northeasterly right-of-w:i•,•
boundary of said Conrail Railroad, the following three :i)
courses and distances:
l.) N-41°06'44"W, a distance of 413.20 feat to a 3/4-inch
(I.D.) iron pipe set;
2.) 5-48°53'16"W, a distance of 17.00 feet to a 3/4-inch
(I.D.) iron pipe set;
3.; N-41°06'44"W, a dista^ce cf 1041.74 feet to tZZ truce
point ..= bzcinning and cor._aini__^.g 31.049 acres of ;a^c :::o~s-a __
leas.
Subject to all rights-of-way, easements and restrictions, _:
any, of previous record.
We hereby state that the foregoing description was prepared
from information obtained from an actual field survey conducted
by Bauer, Davidson & Merchant, Inc. in April of 1997.
All of the survey markers noted in tine foregoing descriptiv::
were in place in April of 1997.
Tire bearings given ir. the foregoing description are based
upon the bearing of N-11°23'40"W as given for .he centerline :..
Houcharc Road in the deed to James R. Lowery, of reccrd in
Official record 29061B07, Recorder's Office, Franklin County,
Ohio.