173-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.___173-97 Passed_______ _____19_______
AN ORDINANCE TO APPROPRIATE A 0.0715 ACRE TEMPORARY
CONSTRUCTION EASEMENT IN PROPERTY OWNED BY REA REAL ESTATE,
II, 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 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 One Thousand Eight Hundred
Thirty Dollars and 00/100 Cents ($1,830.00) 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 One Thousand Eight Hundred and Thirty Dollars ($1,830.00) 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 ~) ~L G Ir.. ~-C ~ , 1997.
ATTEST:
Clerk of Council
i hereby certify that copies of this Ordinonce/Rs3Totnfie~~vere posted in
City of Dublin in accordance with Section 731.25 of the Ohio Revised Coi
~"C r of Coo if, Dublin, do
EXHIBIT A -PARCEL 6T
CITY OF DUBLIN, OHIO -POST ROAD WIDENING
REA REAL ESTATE, II
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 1.125 acre tract
conveyed to Rea Real Estate, II, in Official Record 22360 JOS of the Franklin County Recorder's Office,
alid being more particularly described as follows:
Beginning, for reference, at the northwesterly corner of the said 1.125 acre tract, on the old
centerline of Post Road; Thence S 27°10'15" W, along the westerly line of the said 1.125 acre
tract, 50.40 feet to the true point of beginning:
Thence S 62°49'45" E, 195.00 feet to a point on the easterly line of the said 1.125 acre tract;
Thence S 27°10'15" W, along the said easterly line, 29.69 feet;
Thence N 63°10'38" W, 61.02 feet;
Thence N 27°08'57" E, 20.44 feet;
Thence N 62°51'03" W, 133.98 feet to a point on the westerly line of the said 1.125 acre tract;
Thence N 27° 10' 15" E, along the said westerly line, 9.67 feet to the true point of beginning,
containing 0.0715 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
A
ALL-STATES INTERNATIONAL
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
COLUMBUS, OHIO
FO R
CITY OF DUBLIN, OHIO
REA REAL ESTATE, II
EXHIBIT B - PARCEL 6T
PATRICK KELLY MARSH /
D.V. 3762, PG. 393
~ ~ 2.9492 ACRES
~~ /
~ /
~ OCLC, INC.
EASEMENT FOR / D.V. 3721, PG. 773
HIGHWAY PURPOSES ~ ~ ~ \ 40.5029 ACRES
D.B. 3020, PG. 180 ~ /
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HOST RESTAURANTS, INC. / / O`3 ~~1~s F \
O.R. 06367 E05 \~>~ 19 ^
6.394 ACRES ~! /
0.0715 ACRE ~~3~9 ~ oo- ,
TEMPORARY 8' '~ /
~ CONSTRUCTION
~ EASEMENT ~
N 27'08'57" E 63• ^~~ ~~
20.44' 67 ~2 8 ~ ~ ~ ~~° ~ ~ ~ \
N ~~
~~,,,, I REA REAL ESTATE, ii
O.R. 22360, J05
~~ ~ 1.125 ACRES
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SEPT 1997
SCALE: 1" = 50'