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171-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.___171-97_-_-____..__ Passed_ _____________19____.___ AN ORDINANCE TO APPROPRIATE A 0.0501 ACRE PERMANENT STORM DRAINAGE EASEMENT AND A 0.1254 ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY OWNED BY WILLOW GROVE CONDOMINIUM ASSOCIATION, 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 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 storm drainage easement and 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 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 Five Thousand One Hundred Dollars and 00/100 Cents ($5,100.00) 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 One Hundred Dollars ($5,100.00) 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. of ~~,~ ~ , 1997. Officer ATTEST: Clerk of Council ~ heresy certify that copies of this Ordinance/Rt~eEui+ea were posted n the City of D•~bhn in atcordance with Section 731.25 of the Ohio Revised ode. ~~Cler f Cou I, Dublin hio EXHIBIT A -PARCEL 1 FL CITY OF DUBLIN, OHIO -POST ROAD WIDENING WILLOW GROVE CONDO ASSOCIATION PHASE IIIA DESCRIPTION OF PERMANENT STORM DRAINAGE EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 14.245 acre tract conveyed to Willow Grove Condo Association Phase IIIA by deed of record in Official Record 00550 "~" E05 of the Franklin County Recorder's Office, and being more particularly described as follows: Begimiing, for reference, at the southeasterly corner of the said 14.245 acre tract, on the old centerline of Post Road and the westerly Limited Access line of Interstate Route 270; Thence N 67°03'08" W, 117.92 feet to the southeasterly corner of a highway easement as recorded in Deed Book 2672, Page 686; Thence N 16°59' 12" E, along the easterly line of the said highway easement, 134.00 feet; Thence N 76°06'40" W, along the northerly line of the said highway easement, 335.68 feet to the true point of beginning; Thence N 76°06'40" W, along the said northerly line of the highway easement, 25.82 feet; Thence N 15°29'51" E, 82.97 feet; Thence S 83°09'02" E, 26.10 feet; Thence S 15°29'51" W, 86.17 feet to the true point of beginning, containing 0.0501 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 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 PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO WILLOW GROVE CONDO ASSOCIATION PHASE IIIA EXHIBIT B - PARCEL 1 FL / o/ oQ- / WILLOW GROVE CONDO ASSOCIATION PHASE. IIIA Q / O.R. 00550 E05 ~~ / 14.245 ACRES 0 ~ / 0.0501 ACRE Q / S 83.09,02„ PERMANENT STORM O 2s. ~ o. E DRAINAGE EASEMENT ~ r N 15'29'51" E ~ 82.97' / ~/S 15'29'51° W 86.17' POB N 76.06'40Je!~ /1 25.82. I'1~ ~ - N 6'06 ~4 p„ ~ \1 OS C w_ ._ \ ~Od EASEMENT ' 335 68' ` ~ ' 1 FOR ~~T D HIGHWAY PURPOSES ~ D.B. 2672, PG. 686 -----~~/ ~ ~ ~ I ~ ~~- o /N ~~\ I ~/^ ~~ EASEMENT ~ et / o, I \ ~ ~/~~HIGHWAY PURPOSES \ ~ / D.B. 2665, PG. 577 I N ~<~ F\ \l~l~ / 1 I Q I c ~rFR~~Ns~'o3 ~ 9?~~ ~/ o F 08~~\lgy ~' I woo ~ o I ~ c°~ w JOHN W. McKITRICK ~ ~. = N w ~ ~ I O.R. 29199 E08 / I ~~ w~ J N Q I 1.118 ACRES w~ I ?~Q ~°~ ~1P .o~ I z ~ I~ ~ ~~ I ~o , V/` i ~ .. ~P.... . ~, I wJ ~ ~ ; I ~~/. .zc,~~9~ SEPT 1997 S('AI F' 1 ° = 10(1' ~ EXHIBIT A -PARCEL 1T CITY OF DUBLIN, OHIO -POST ROAD WIDENING WILLOW GROVE CONDO ASSOCIATION PHASE IIIA DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 14.245 acre tract conveyed to Willow Grove Condo Association Phase IIIA by deed of record in Official Record 00550 E05 of tl~e Franklin County Recorder's Office, and being more particularly described as follows: Beginning, for reference, at the southeasterly corner of the said 14.245 acre tract, on the old centerline of Post Road and the westerly Limited Access line of Interstate Route 270; Thence N 67°03'08" W, 117.92 feet to the southeasterly corner of a highway easement as recorded in Deed Book 2672, Page 686; Thence N 16°59'12" E, along the easterly line of the said highway easement, 134.00 feet to the true point of beginning; Thence N 76°06'40" W, along the said northerly line of the highway easement, 335.68 feet; Thence N 15°29'51" E, 18.22 feet; Thence S 76°07'42" E, 263.42 feet; Thence S 61°49'35" E, 74.04 feet to the true point of beginning, containing 0.1254 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 immediately southeast of I-270 being S 62°49'45" E. EXHIBIT s PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR CITY OF DUBLIN, OHIO WILLOW GROVE CONDO ASSOCIATION PHASE IIIA 0 °~ s ~~- ~~ v Q O FOR ~ ~ ~ I ~ ~ HIGHWAY PURPOSES ~ ~ ~ I D.B. 2672, PG. 686 N/O ~~ o~ O ~ ~ \ ~h ^0~ ~ FOR NT ~ ~ I \ ~~"HIGHWAY PURPOSES ~ ~ ~ / D.B. 2665, PG. 577 I I w I p~Q C /V 6 // I ~ I F~rFR~~NF r ~ °3'p8,, o 92. W U EXHIBIT B - PARCEL 1T WILLOW GROVE CONDO ASSOCIATION PHASE IIIA O.R. 00550 E05 14.245 ACRES ~ 0.1254 ACRE ~ TEMPORARY i N 1 ~'8 221" E CONSTRUCTION i - _ ~ _ EASEMENT _ s _ ~- ~6'0~~24.. ` ~p 361- lE 2g S 61'49'35" E OST 8 f-~Z ~~~3-.,4~2, 74.04' \ ~ RQ ~6'ps'4p~ ~ POB ` ~O EASEMENT w ~''~~ Z ~ ~`' I ~o cv a ~ ~' I ~ JOHN W. McKITRiCK N = cn i w ao O.R. 29199 E08 Z Q o a I 1.1 18 ACRES n ~ '' rn P Noo ~~°0 ~~o I ~o ~' . o '~ _ z ' ~ i Z ~ ,~ DEPT 1997 SCALE: 1" 100' i `O ~P ~~~ ~kC ilT ~: ,~ Tl'"I`i',"sail ~ - • ••'' o r,,.... .,.,,,,, l_ ~ ~L~