167-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 3004:1
Ordinance No. _ ~_ ~_------------- Passed---- - ------ - - - - --19-- -
AN ORDINANCE TO APPROPRIATE A 0.0224 ACRE PERMANENT SERVICE ROAD EASEMENT,
A 0.0590 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.0057 ACRE PERMANENT
SLOPE EASEMENT IN PROPERTY OWNED BY FJ&S INVESTMENTS, LOCATED ON THE
SOUTH SIDE OF POST ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF
OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve the Post Road Bridge over I-270; and
WHEREAS, said improvement will require the City of Dublin to obtain a permanent service road easement,
a temporary construction easement and a permanent slope easement in and to the premises described in the
attached Exhibits "A", "B" and "C" 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 permanent service road easement, a temporary construction easement, and a permanent
slope 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" and "C" are hereby appropriated
for the public purpose of improving Post Road Bridge over I-270, 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 Five Thousand Two Hundred
Dollars and 00/100 Cents ($5,200.00) 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 fmds that the appropriation is necessary for the stated purpose, that the City has
been unable to agree with the owners 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 Capital Improvements Tax
Fund Five Thousand Two Hundred Dollars ($5,200.00) to account 40-03-14-2550 for the purpose of paying
all costs incident to such acquisition.
Section 6. 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
improvement of the Post Road Bridge over I-270 is necessary to improve traffic circulation and relieve traffic
congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this .day of ~ ~ YN, b -[ / , 1997.
or -Presiding Officer
ATTEST:
Clerk of Council
I herehy certify that copies of this Ord-nonce/R'eseFaFion were posted n thy:
City of Dublin in accordance wit4 Section 731.25 of the Vttio Revised C de.
wit tf k of uncil, Du i ,Ohio
EXHIBIT A -PARCEL 2R
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
F.J. & S. INVESTMENTS
DESCRIPTION OF PERMANENT SERVICE ROAD EASEMENT
Situated in the State of Oliio, County of Franklin, City of Dublin, and being part of a 1.840 acre tract
conveyed to F.J. & S. Investments by deed of record in Official Record 05799 H02 of the Franklin
County Recorder's Office, and being more particularly described as follows:
i Beginning, for reference, at the northeasterly corner of the said 1.840 acre tract on the old
,,, centerline of Post Road; Thence S O1 °28' 19" E, along the easterly line of the said 1.840 acre
tract, 42.83 feet to the true point of beginning;
Thence S O 1 °28' 19" E, along the easterly line of the said 1.840 acre tract, 38.29 feet;
Thence N 69°42'21" W, 27.23 feet;
Thence N O1 °02' 12" W, 39.54 feet;
Thence S 67°03'08" E, 27.45 feet to the true point of beginning, containing 0.0224 acres, more
or less, and being more particularly delineated on the attached Exhibit B.
Tliis description was prepared by Burgess & Niple, Limited by S. Patrick Mills, Professional Surveyor
No. 7158 from an actual field survey and available records in May 1997. The bearings are based on the
I-270 plans FRA-270-7.47N with the centerline of Post Road immediately southeast of I-270 being
S 62°49'45" E.
EXHIBIT
A
All•STATEsINTERNATIONAI
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
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CITY OF DUBLIN, OHIO
F.J. 8c S. INVESTMENTS
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EXHIBIT A -PARCEL 2T
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
F.J. & S. INVESTMENTS
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Oliio, County of Franklin, City of Dublin, and being part of a 1.840 acre tract
conveyed to F.J. & S. ]nvestments by deed of record in Official Record 05799 H02 of the Franklin
County Recorder's Office, and being more particularly described as follows:
Beginning, for reference, at the northwesterly corner of the said 1.840 acre tract on the old
centerline of Post Road; Thence S O1 °28' 19" E, along the westerly line of the said 1.840 acre
tract, 49.11 feet to the true point of beginning:
Thence S 75°36'53" E, 147.45 feet;
Thence S O1 °02' 12" W, 49.39 feet;
Thence N 43°49'44" W, 67.72 feet;
Thence N 75°08'44" W, 99.86 feet to a point on the westerly line of the said 1.840 acre tract;
Thence N O1 °28' 19" W, along the said westerly line, 11.56 feet to the true point of beginning,
containing 0.0590 acres, more or less, and being more particularly delineated on the attached
Exhibit B.
Tliis description was prepared by Burgess & Niple, Limited, by S. Patrick Mills, Professional Surveyor
No. 7158 from an actual field survey and available records in May 1997. The bearings are based on the
I-270 plans FRA-270-7.47N with the centerline of Post Road immediately southeast of I-270 being
S 62°49'45" E.
EXHIBIT
B
ALL-STATEe1NTERNATIONAI
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
FO R
CITY OF DUBLIN, OHIO
F.J . 8c S. INVESTMENTS
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EXHIBIT A -PARCEL 2SL
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
F.J. & S. INVESTMENTS
DESCRIPTION OF PERMANENT SLOPE EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 1.840 acre tract
conveyed to F.J. & S. Investments by deed of record in Official Record 05799 H02 of the Franklin
County Recorder's Office, and being more particularly described as follows:
Beginning, for reference, at the northeasterly corner of the said 1.840 acre tract on the old
centerline of Post Road; Thence S O1 °28' 19" E, along the easterly line of the said 1.840 acre
tract, 32.95 feet to the true point of beginning;
Thence S O1 °28' 19" E, alotlg the easterly line of the said 1.840 acre tract, 9.88 feet;
Thence N 67°03'08" W, 27.45 feet;
Thence N O1 °02' 12" W, 9.85 feet;
Thence S 67°03'08" E, 27.45 feet to the true point of beginning, containing 0.0057 acres, more
or less, and being more particularly delineated on the attached Exhibit B.
Tliis description was prepared by Burgess & Niple, Limited by S. Patrick Mills, Professional Surveyor
No. 7158 from an actual field survey and available records in May 1997. The bearings are based on the
I-270 plans FRA-270-7.47N with the centerline of Post Road immediately southeast of I-270 being
S 62°49'45" E.
EXHIBIT
C
PLOT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
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F.J. 8c S. INVESTMENTS
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