168-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.--- --- -- - - --- --- --- --19
168-97 ---- -- - Passed- ---- --- ------ --- ------
AN ORDINANCE TO APPROPRIATE A 0.0973 ACRE TEMPORARY
CONSTRUCTION EASEMENT IN PROPERTY OWNED BY HOST RESTAURANTS,
INC., LOCATED ON THE SOUTH SH)E 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 temporary construction easement in
and to the premises described in the attached Exhibit "A" 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 temporary construction easement in and to the premises located in the City of Dublin,
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 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 Two Thousand Five Hundred
Dollars and 00/100 Cents ($2,500.00) 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.
S ion 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.
S ion There be appropriated from the unappropriated balance in the Capital Improvements Tax Fund
Two Thousand Five Hundred Dollars ($2,500.00) 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 ~5~-~.,day of L )~C-~ ~.,.. , 1997.
or -Presiding Officer
ATTEST:
Clerk of Council
! herehy certify that copies of this Ordinoce/Resatntiert were posted u
City of Dublin in accordance with Section 73T.2S of the Ohio Revised ~
i th«~
~t Cler. of ~ cit, Dub! 9Mio
EXHIBIT A -PARCEL ST
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
HOST RESTAURANTS, INC.
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 6.394 acre tract
conveyed to Host Restaurants, Inc., in Official Record 06367 E05 of the Franklin County Recorder's
""'~" Office, and being more particularly described as follows:
.' Beginning, for reference, at the northwesterly corner of the said 6.394 acre tract, on the easterly
Limited Access line of Interstate 270 and the old centerline of Post Road; Thence S 36°49'20"
W, along the westerly line of the said 2.9492 acre tract and the said easterly Limited Access line,
78.23 feet; Thence S 24° 17'34" W, along the said westerly line and said easterly Limited Access
line, 5.47 feet to the true point of beginning:
Thence S 67°23'35" E, 404.50 feet;
Thence S 62°49'45" E, 30.01 feet to a point on the easterly line of the said 6.394 acre tract;
Thence S 27° 10' 15" W, along the said easterly line, 9.67 feet;
Thence N 62°51'03" W, 29.09 feet;
Thence N 67°24'24" W, 404.94 feet to a point on the said westerly line and the said easterly
Limited Access line;
Thence N 24° 17'34" E, along the said westerly line and said easterly Limited Access line, 9.82
feet to the true point of beginning, containing 0.0973 acres, more or less, and being more
particularly delineated on the attached Exhibit B.
~""`` This 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
1 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
~,..
ALL-STATEe INTERNATIONAL
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
FO R
CITY OF DUBLIN, OHIO
S 24' 17'34" W
5.47'
N 24' 17'34" E
'"""" 9.82'
~/
H 0 ST RESTAURANTS,
EXHIBIT B - PARCEL
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OCLC, INC.
D.V. 3721, PG. 773
~ 40.5029 ACRES
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PATRICK KELLY MARSH \
D.V. 3762, PG. 393 \
2.9492 ACRES ~
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POB HIGHWAY PURPOSES ~ `
~~~I~ D.B. 3020, PG.\ ~ ~
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*EASEMENT FOR ~ ~~ S ~~ ~~
HIGHWAY PURPOSES ~
COMMON PLEAS ~4.9~ ~,Z 62 yt9 ~ ~
COURT CASE 224,026 ~~~`30 0~ 4s•• \ \
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0.0973 ACRE ~\
TEMPORARY s' 27.10'15" w \
CONSTRUCTION s.s7,
EASEMENT ~ N 62'51'03" w ~~~
~ 29.09'
REA REAL ESTATE, II
0. R. 22360, J05
1.125 ACRES
Q
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HOST RESTAURANTS, INC.
O.R. 06367 E05
6.394 ACRES
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SEPT 1997
SCALE: 1" = 100'
INC.
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