117-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._____ll_7_-~7__ -_--
Passed_______._____
AN ORDINANCE TO APPROPRIATE A 0.006 ACRE FEE SIMPLE
INTEREST AND A 0.025 ACRE TEMPORARY CONSTRUCTION
EASEMENT IN PROPERTY OWNED BY TIMOTHY J. WHALEN,
LOCATED ON THE WEST SIDE OF AVERY 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 Shier-Rings Road and Avery
Road intersection; and
WHEREAS, said improvement will require the City of Dublin to obtain a temporary
construction easement and a fee simple interest in and to the premises described in the
attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio.
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 and a fee simple interest 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 the Shier-Rings Road and Avery Road
intersection, 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 Hundred
Ten Dollars and 00/100 Cents ($510.00) which sum shall be deposited with the Franklin
County Common Pleas Court for the use and benefit of the owner of the property
appropriated as his interest may appear. Upon such deposit, the City of Dublin shall take
possession of and enter upon the property pursuant to law.
Section 3. Council fords 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. The funds related thereto have been previously appropriated within the
Capital Improvements Tax Fund 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 Shier-Rings Road and Avery Road
intersection is necessary to improve traffic circulation and relieve traffic congestion for the
citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
~/fi day of ~" , 1997.
1,,. ~,,,
- Presiding Officer
t- , ": :, ~ f,, ..h' comes of r ~:s Ord Hance/~ w~ce posted sn th
City of D!~bl+n in accordance w;t~ Section 731.25 of t'ie `ISO Revised Code.
ATTEST:
/~/~/~~~~ /}ssrC'ork of unc [ts;hl+r, ~','~
Clerk of Council 1.
A-Parcel 3 WD
City of Dublin-Avery/Shier-Rings Road Improvement
Timothy J. Whalen
OR 17628 G11
Description of Additional Right of Way for Avery Road
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
Survey 3004 and being 0.006 acre out of a 0.437 acre parcel conveyed to Timothy J. Whalen, as
recorded in OR 17628 G11 in the Franklin County Recorder's Office, and being more
particularly described as follows:
Commencing at a centerline monument marking the intersection of the centerline of old Avery
Road with the centerline of Shier-Rings Road, said point being 2.13 feet right of Station
~~°- 20+00.28 in the centerline of survey of an improvement to said Avery Road, as delineated on the
Centerline Plat for said improvement, of record in Franklin County;
thence South 83 degrees 40 minutes 38 seconds West, leaving said point, a distance of 2.14 feet
to the point at which the new centerline of Avery Road intersects the centerline of Shier-Rings
Road;
thence South 01 degree 16 minutes 46 seconds West, with the centerline of said Avery Road, a
distance of 97.99 feet to the point of curvature of a tangent curve to the left;
thence 542.53 feet with said curve having a radius of 5800.00 feet, a central angle of 5 degrees
21 minutes 34 seconds, an;1 a chord bearing South O1 degrees 24 minutes O1 seconds East a
distance of 542.33 feet to a point in the centerline of old Avery Road, the northwesterly comer
of a 0.461 acre tract conveyed to the City of Dublin by deed of record in OR 17628 F 14 of the
records of Franklin County;
thence South 86 degrees 49 minutes 24 seconds West, a distance of 55.86 feet to the TRUE
POINT OF BEGINNING at the Grantor's northeasterly property corner in the westerly right of
way line of Avery Road;
thence South 02 degrees 14 minutes 12 seconds East, with said right of ~vay line and the
Grantor's easterly line, a distance of 27.57 feet to an iron pin set;
thence South 85 degrees 43 minutes 04 seconds West, leaving said property line with the new
westerly Right of Way line of Avery Road, a distance of 8.2 ] feet to an iron pin set;
thence North 04 degrees 05 minutes 27 seconds West, continuing with said Right of Way line, a
distance of 27.92 feet to an iron pin set;
thence North 88 degrees 00 minutes I I seconds East, a distance of 9.11 feet to the TRUE POINT
OF BEGINNING of the said described tract, containing 0.006 acre, more or less.
The above described acreage is contained in Auditor's Parcel 274-00014G.
Stations and offsets used in this description are referenced to the proposed centerline of Avery
Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings Roads
prepared by URSGreiner, and of record in Franklin County. Bearings used in this description are
based on an actual field su:o:~;: ~~ilizing Franklin County Monuments Nos. FCGS 5536 and
FCGS 7752 by URSGreiner in June 1996.
This description was prepared for URSGreiner by Roger M. Smith, P.S. 6899 from existing
records and•~~~feld survey.
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EXHIBIT A I
PARCEL 3WD
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DANIEL ALAN TREES 14 00 ~
& SUSAN L. LAWTON
N88'00'11"E TRUE POINT
911 OF BEGINNING
502'14'12"E
0.006 ACRE NET TAKE 27.57'
P.C.=13+39.00
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27.92'
S85'43'04"W
TIMOTHY J. WHALEN 8.21
274-000140 13 00
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g' Bearings used in this description are based on
an actuol field survey utilizing Franklin, County GER M. SMITH
Monuments Nos. FCGS 5536 and FCGS 7752 by OHIO REGISTERED SURVEYOR
J URSGreiner in June 1996. 5-6899
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v PROJECT AVERY ROAD /SHIER-RINGS INTERSECTION JOB N0. 9081800
~ SUBJECT WHALEN }WD PL.Ai DAT"c 12 APR 97 lIJRS Greiner
~ BY CMS CHECKED RMS SHEET NC. 1 O' ARCHITECTS • ENGINEERS • PLANNERS
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Exhibit B-Parcel 3T
City of Dublin-Avery/Shier-Rings Road Improvement
Timothy J. Whalen
OR 17628 GI 1
Description of Temporary Easement for Grading Purposes
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
Survey 3004 and being 0.025 acre out of a 0.437 acre parcel conveyed to Timothy J. Whalen, as
recorded in OR 17628 G11 in the Franklin County Recorder's Office, and being more
particularly described as follows:
Commencing at a point being the Grantor's northeasterly comer in the westerly right of way line
of Avery Road, said point being 55.84 feet left of, and radially from Station 13+60.3 in the
centerline of survey of an improvement to said Avery Road, as delineated on the Centerline Plat
for said improvement, of record in Franklin County;
thence leaving said point, with the Grantor's easterly property line, South 02 degrees 14 minutes
12 seconds East, a distance of 27.57 feet to an iron pin set at the TRUE POINT OF
BEGINNING;
thence continuing along said line, South 02 degrees 14 minutes 12 seconds East a distance of
63.04 feet to a point;
thence leaving said line with the westerly line of the tract described herein, North 40 degrees 26
minutes 32 seconds West, a distance of 18.58 feet to a point;
thence North 07 degrees OS minutes 41 seconds West, a distance of 40.0 feet to a point;
thence North 21 degrees 54 minutes 17 seconds West, a distance of 26.39 feet to a point;
thence North 15 degrees 30 minutes 21 seconds East, a distance of 11.91 feet to a point in the
Grantor's northerly line;
thence with said northerly line, North 88 degrees 00 minutes 11 seconds East, a distance of 11.06
feet to an iron pin set in the new westerly Right of Way line of Avery Road;
thence with said line, South 04 degrees 0~ minutes 27 seconds East, a distance of 27.92 feet to an
iron pin set;
thence North 8~ degrees 43 minutes 04 seconds East, a distance of 8.21 feet to theTRUE POINT
OF BEGINNING, said described tract containing 0.02 acre, more or less.
The above described acreage is contained in Auditor's Parcel 274-000140.
Stations and offsets used in this description are referenced to the proposed centerline of Avery
Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings Roads
prepared by URSGreiner, and of record in Franklin County. Bearings used in this description are
based on an actual field survey utilizing Franklin County Monuments Nos. FCGS 536 and
FCGS 7752 by URSGreiner in June 1996.
This description was prepared for URSGreiner by Roger M. Smith, P.S. 6899 from existing
records and actual field suryey~
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EXHIBIT
PARCEL 3
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DANIEL ALAN TREES
& SUSAN L. LAWTON
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N88'00'11"E 11.06
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TIMOTHY J. WHALEN ~
274-000140 -`moo
OR 17628 G11 00
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g' Beorings used in this description ore hosed on
m an octual field survey utilizing Franklin County
Monuments Nos. FCGS 5536 and FCGS 7752 by
~' URSGreiner in June 1996.
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TRUE POINT
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GER M. SMITH
OHIO REGISTERED SURVEYOR
S-6899
v PROJECT AVERY ROAD / SHIER-RINGS INTERSECTION J08 N0. 9081800
= SUBJECT wt-IA~EN 37 aLAi DATE 12 APR 97 URS Greiner
,~ 9~ CuS Cr.~CKEC R!nS SH"T N0. ~ C~ t ARCHirECTS • ENCwEERS PLANNERS