119-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.__~
Passed_ 19_______
AN ORDINANCE TO APPROPRIATE A 0.860 ACRE FEE SIMPLE
INTEREST AND A 0.170 ACRE TEMPORARY CONSTRUCTION
„ EASEMENT IN PROPERTY OWNED BY WILLIAM L. BAKER,
LOCATED ON THE NORTH SIDE OF SHIER-RINGS ROAD, AND ON
THE WEST SIDE OF OLD AVERY ROAD, IN THE CITY OF DUBLIN,
"r""" 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 Forty Thousand
Eight Hundred Dollars and 00/100 Cents ($40,800.00) 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 finds that the appropriation is necessary for the stated purpose, that the
City has been unable to agree with the owner 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.
Pass ~ day of , 1997.
1~ or -Presiding Officer
I hereby certify that copies of this Ordinance/
City of Dublin in accordance with Section 731.25 0 !,i~rR~~~s~~ tade~.
ATTEST:
----__._
~~ Clerk Coun I, Dubli ,Ohio
Clerk of Council
Exhibit A-Parcel I 1 WD
City of Dublin-Avery/Shier-Rings Road Improvement
William L. Baker
OR 05862 E04 and 05866 H06
Description of Additional Right of Way for Shier-Rings Road and Avery Road
Page 1 of 2
Situated in the State of Ohio, County of Franklin, City of Dublin, part of Virginia Militai}• Survey
2999, being 0.860 acres out of a 4.556
+.~• acres parcel conveyed to William L. Baker in Official Record 05862 E04 and 05866 H06,
Franklin County Recorder's Office and being more particularly described as follows:
Commencing at a centerline monument marking the intersection of the old centerline of Avery
Road and the centerline of Shier-Rings Road, said point being 2.13 feet right of Station 20+00.28
in the centerline of survey of the Improvement of Avery Road as delineated on the Centerline Plat
for said improvement, of record in Franklin County;
thence South 83 degrees 40 minutes 39 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 85 degrees 31 minutes 51 seconds West, with the centerline of Shier-Rings Road,
a distance of 87.98 feet to the TRUE POINT OF BEG ~ ~ G, said point also being the
Grantor's southeasterly corner and the southeasterly corner of the tract described herein;
thence South 85 degrees 31 minutes 51 seconds West, continuing with said centerline and the
Grantor's southerly property line, a distance of 584.50 feet to a point at the Grantor's
southwesterly corner;
thence North 02 degrees 56 minutes 03 seconds West, leaving said point with the Grantor's
westerly line and the easterly line of an 8.721 acre tract conveyed to Carl M. Geupel Construction
Company, Inc. in OR 1521I20 in the Records of Frank]in County, a distance of 35.01 feet to an
iron pin set in the new northerly Right of Way line of Shier-Rings Road;
thence North 85 degrees 31 minutes 51 seconds East, with said Right of Way line, a distance of
469.54 feet to an iron pin set;
thence North 04 degrees 24 minutes 34 seconds West a distance of 85.83 feet to an iron pin set;
thence North 36 degrees 08 minutes 44 seconds East a distance of 130.20 feet to an iron pin set in
the westerly right of way line of Old Avery Road, and also being in the Grantor's northerly
property line;
thence North 84 degrees 13 minutes 37 seconds East, with said northerly line, a distance of 30.23
feet to a point at the Grantor's northeasterly property corner in the centerline of Old Avery Road;
thence South 04 degrees 11 minutes 49 seconds East, with the Grantor's easterly line and said
centerline, a distance of 220.35 feet to the TRUE POINT OF BEGINNII~TG of the said described
tract, containing 0.860 acre, more or less, inclusive of the present road which occupies 0.471
acre, more or less.
Page 2 of 2
Exhibit A-Parcel 11 WD
City of Dublin-Avery/Shier-Rings Road Improvement
~~'illiam L. Baker
OR 05862 E04 and 05866 H06
Description of Additional Right of Way for Shier-Rings Road and Avery Road
The above described acreage is contained as follows:
Auditor_ s_parcPl ~~
273-000316
0.264 Ac. 0.188 Ac.
273-000302 0.596 Ac. 0.076 Ac.
0.233 Ac. 0.313 Ac.
Stations and offsets used in this description are referenced to the proposed centerline of Shier-
Rings Road and 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 5536 and FCGS 7752 by URSGreiner in June 1996.
This description was prepared for URSGreiner by Roger iv1. Smith, P.S. 6899 from existing
records and actual field survey.
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EXHIBIT
PARCEL 11 W"
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0.389 ACRE NET TAKE, No?'2a' za"w
85.8.,
WILLIAM L. BAKER
273-000302
OR 05866 H06
WILLIAM L. BAKER
273-000316
OR 05862 E04
0.860 AC. GROSS TAKE
0.471 AC. P.R.O.
0.389 AC. NET TAKE
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~ R ER M. SMITH o N02'S6'03"W
o OHIO REGISTERED SURVEYOR ~ 35.01'
S-6899 113 00
CARL M. GEUPEL
CONSTRUCTION COMPANY INC.
Bearings used in this description ore based on
on actual field survey utilizing Franklin County
Monuments Nos. FOGS 5536 and FOGS 7752 b
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URSGrelner in June 1996. y
PROJECT AVERY ROAD /SHIER-RINGS INTERSECTION
JOB NO. 9CStd00
SUBJECT WILLIAM L. BAKER 11 WD pLgT ~~~ _
~ DATE 21 APR 97 ~~~~~~~
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Exhibit B Page 1 of 2
Parcel 1 I T
City ofDublin-Avery/Shier-Rings Road Improvement
Williagt L. Baker
OR 05862 E04 and OR 05866 H06
Description of Temporary Easement for Grading and Constructing a Drive Connection
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
Survey 2999 and being 0.170 acre out of a 4.556 acres parcel conveyed to William L. Baker, as
recorded in OR 05862 E04 and OR 05866 H,06 in the Franklin County Recorder's Office, and
being more particularly described as follows:
Commencing at the grantor's southwesterly property corner, said point being at Station
113+27,52 in the centerline of survey of Shier-Rings Road, part of an improvement to
Shier-Rings Road and Avery Road, as delineated on the Centerline Plat for said improvement, of
record in Franklin County;
thence with the Grantor's westerly line, North 02 degrees 56 minutes 03 seconds West, a distance
of 35.01 feet to the TRUE POINT OF BEGINNING, an iron pin set in the new northerly Right of
Way line of Shier-Rings Road;
thence continuing with said line, North 02 degrees 56 minutes 03 seconds 1~Vest, a distance of
3.00 feet to a point in the northerly line of the tract described herein:
thence with said northerly line, the following thirteen (13) courses and distances
North 85 degrees 14 minutes 32 seconds East, a distance of 198.46 feet to a point;
North 02 degrees 16 minutes 00 seconds West, a distance of 26.02 feet to a point;
North 85 degrees 31 minutes 51 seconds East, a distance of 57.00 feet to a point;
South 34 degrees 56 minutes OS seconds East, a distance of 19.72 feet to a point;
North 85 degrees 31 minutes 51 seconds East, a distance of 55.00 feet to a point;
North 80 degrees 57 minutes 25 seconds East, a distance of 25.08 feet to a point;
South 80 degrees 25 minutes 59 seconds East, a distance of 20.62 feet to a point;
North 20 degrees 32 minutes 51 seconds East, a distance of 16.55 feet to a point;
North 85 degrees 31 minutes 51 seconds East, a distance of 23.00 feet to a point;
South 47 degrees 37 minutes 18 seconds East, a distance of 21.93 feet to a point;
North 85 degrees 31 minutes 51 seconds East, a distance of 45.00 feet to a point;
North 00 degrees 02 minutes 51 seconds East, a distance of 77.78 feet to a point;
North 32 degrees 37 minutes 57 seconds East, a distance of 122.53 feet to a point in the
Grantor's northerly property line;
thence with said property line, North 84 degrees ]3 minutes 37 seconds East, a
distance of 17.81 feet to an iron pin set in the new westerly Right of Way line of
Old Avery Road;
Page 2 of 2
1/xhibit g -Parcel 11 T
City of Dublin-Avery/Shier-Rings Road Improvement
William L. Baker
OR 05862 E04 and OR 05366 H06
Description of Temporary Easement for Grading and Constructing a Drive Connection
thence with said line, South 36 degrees 08 minutes 44 seconds West, a distance of 130.20 feet to
an iron pin set;
thence continuing with said line, South 04 degrees 24 minutes 34 seconds East, a distance of
85.83 feet to an iron pin set in the new northerly Right of way line of Shier-Rings Road;
thence with said northerly line, South 85 degrees 31 minutes 51 seconds West, a distance of
469.54 feet to the TRUE POINT OF BEGINNING, said described tract containing 0.170 acre,
more or less.
The above described acreage is contained in Auditor's Parcel 273-000302 and 27~-000316
Stations and offsets used in this description are referenced to the proposed centerline of Shier-
Rings Road as appears on the Centerline Plai 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 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 actual field survey.
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PARCEL 11
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0.170 ACRE N85'31'S1"E
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WILLIAM L. BAKER N20'32'St"E-~
273-000302 16.55'
OR 05866 H06 " 580'25'59"E-~
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CARL M. GEUPEL
% CONSTRUCTION COMPANY INC
Beorings used in this description are hosed on
an octuol field survey utilizing Fronklin County
Monuments Nos. FCGS 5536 and FCGS 7752 by
~, URSGreiner in June 1996.
PROJECT AVERY ROAD /SHIER-RINGS INTERSECTION
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RUBEG NNING
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3 DATE 2t APR 97
J a, cus c~EC~ED R.u ,H__T No
S _ reener
~„„„~ ._---.--.____._ __.. .•- ARCHI iECiS • ENGINEERS • PLANV=?5