169-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
169-97 ___19_______
• Passed -- --- --- --- ------- -- --- ----
Ordinance No__________________________ _ _
AN ORDINANCE TO APPROPRIATE A 0.1179 ACRE PERMANENT SLOPE AND
STORM DRAINAGE EASEMENT AND A 0.1213 ACRE TEMPORARY
CONSTRUCTION EASEMENT IN PROPERTY OWNED BY PATRICK KELLY
MARSH, LOCATED ON THE NORTH 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 slope and storm
drainage easement and a temporary construction easement in and to the premises described in the attached
Exhibits "A" and "B" 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 slope and storm drainage easement and a temporary construction easement m
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" and "B" 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 Eight Thousand Eight Hundred
Dollars and 00/100 Cents ($8,800.00) 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.
Cection 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 Eight Thousand Eight Hundred Dollars ($8,800.00) 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 day of ~ ~_~y~,1o .t,/ , 1997.
or -Presiding Officer
ATTEST:
_~
Clerk of Council
~!erehY Crrtif•d that conies of this Ordinance/R~ese4utio~were posted i the
City of Dublin in accordance with Section 731.25 of the Ofiio Revised C de.
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q~TCler f Cov 'I, Dubh Ohio
EXHIBIT A -PARCEL 4SLD
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
PATRICK KELLY MARSH
DESCRIPTION OF PERMANENT SLOPE AND STORM DRAINAGE EASEMENT
,,~.~„ Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.9492 acre tract
conveyed to Patrick Kelly Marsh by deed of record in Deed Volume 3762, Page 393 of the Franklin
'' County Recorder's Office, and being more particularly described as follows:
Beginning, for reference, at the southwesterly corner of the said 2.9492 acre tract, on the easterly
Limited Access line of Interstate 270 and the old centerline of Post Road; Thence N 41 ° 18'40"
E, along the westerly line of the said 2.9492 acre tract and the said easterly Limited Access line,
76.33 feet to the true point of beginning:
Thence N 41 ° 18'40" E, along the said westerly line and the said easterly Limited Access Line,
10.71 feet;
Thence S 61 ° 16'37" E, 497.74 feet to a point on the easterly line of the said 2.9492 acre tract;
Thence S 28°43'22" W, along the said easterly line, 10.14 feet;
Thence N 61 ° 18'44" W, 500.07 feet to the true point of beginning, containing 0.1179 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
I-270 plans FRA-270-7.47N with the centerline of Post Road irrunediately southeast of I-270 being
S 62°49'45" E.
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EXHIBIT
A
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
FO R
CITY OF DUBLIN, OHIO
PATRICK KELLY MARSH
SEPT 1997
EXHIBIT B
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PATRICK KELLY MARSH
D.V. 3762, PG. 393
2 9492 ACRES
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D.V. 3721, PG. 773
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HOST RESTAURANTS, INC.
O.R. 06367 E05
6.394 ACRES
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REA REAL ESTATE, .11
O.R. 22360, J05 /
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EXHIBIT A -PARCEL 4T
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
PATRICK KELLY MARSH
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 2.9492 acre tract
conveyed to Patrick Kelly Marsh by deed of record in Deed Volume 3762, Page 393 of the Franklin
.~. County Recorder's Office, and being more particularly described as follows:
Beginning, for reference, at the southwesterly corner of the said 2.9492 acre tract, on the easterly
"' Limited Access line of Interstate 270 and the old centerline of Post Road; Thence N 41 ° 18'40"
E, along the westerly line of the said 2.9492 acre tract and the said easterly Limited Access line,
87.04 feet to the true point of beginning:
Thence N 41 ° 18'40" E, along the said westerly line and the said easterly Limited Access Line,
6.72 feet;
Thence S 61 ° 16'37" E, 467.19 feet;
Thence N 27°08'57" E, 67.07 feet;
Thence S 62°51'03" E, 30.93 feet to a point on the easterly line of the said 2.9492 acre tract;
Thence S 28°43'22" W, along the said easterly line, 74.46 feet;
Thence N 61 ° 16'37" W, 497.74 feet to the true point of beginning, containing 0.1213 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
I-270 plans FRA-270-7.47N with the centerline of Post Road inunediately southeast of I-270 being
S 62°49'45" E.
EXHIBIT
i
All-STATEe INTERNATIONAL
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
FOR
CITY OF DUBLIN, OHIO
PATRICK
EXHIBIT B
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KELLY MARSH
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PATRICK KELLY MARSH
D.V. 3762, PG. 393
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OCLC, INC.
D.V. 3721, PG. 773
40.5029 ACRES
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I EASEMENT FOR 3j~ ~~~
I HIGHWAY PURPOSES ~ ~Q~~46)
* i p.e. 3020, PG. 1so ~~ ~~g, N 27'08'57" E
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HIGHWAY PURPOSES ~ ~ O N
COMMON PLEAS ~ ~ [~ ~
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HOST RESTAURANTS, INC. ~
O.R. 06367 E05 REA REAL ESTATE, II
6.394 ACRES O.R. 22360, J05
1.125 ACRES
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