121-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.- ---~~ P~rssed---- ------ ---- --- ------- --- ------ 19-- --
A-7-- ---- ~-
AN ORDINANCE TO APPROPRIATE A 0.113 ACRE FEE SIMPLE
INTEREST AND A 0.029 ACRE TEMPORARY CONSTRUCTION
EASEMENT IN PROPERTY OWNED BY NORMAN L. MONSKA,
LOCATED ON THE NORTH SIDE OF SHIER RINGS 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:
. ection 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 Two Thousand
Three Hundred Fifty Five Dollars and 00/100 Cents ($2355.00) 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.
. ection 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.
day of , 1997.
Mayor -Presiding Officer
~ '1 hereby certify that copies of this Qrdinance/R~ssa.uF~~ ~~,-~~~~ ~:;?ti:~1 'n the
City of Duhlin in accordance w`t4 Secfion 731.25 of ti~~'' 'u ,e~isQ~ lode.
ATTEST:
~6~-Clerk of urcil. ~ ,+I>!~r !~ ~'^
c~e~
Clerk of Council
Exhibit A-Parcel 20WD
City of Dublin-Avery/Shier-Rings Road Improvement
Norman L. hionska
OR OS084 B 1 S
Description of Additional Right of Way for Shier-Rings Road
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
Survey 2999 and being 0.113 acre out of a 1.000 acre parcel conveyed to Norman L. Monska
recorded in OR OS084 B 1 S in the 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 8S degrees 31 minutes S 1 seconds West, with the centerline of Shier-Rings Road, a
distance of 1207.06 feet to a point being the TRUE POINT OF BEGINNING, said point being
the Grantor's southwesterly corner and said point also being at Station 107+92.94 in the
centerline of Shier-Rings Road on the above referenced Centerline Plat;
thence North 03 degrees 19 minutes 29 seconds West, leaving said point with the Grantor's
westerly line, a distance of 35.01 feet to an iron pin set at the new northerly Right of Way line of
Shier-Rings Road;
thence North 8S degrees 31 minutes S 1 seconds East, with said Right of ~Vay line, a distance of
140.02 feet to an iron pin set in the Grantor's easterly line;
thence South 03 degrees 19 minutes 29 seconds East, with said easterly line and the westerly line
of an 8.271 acre tract conveyed to Carl M. Geupel Construction Company by instrument of
~„a, record in OR O1 S21 I20 of the Franklin County Recorder's office, a distance of 35.01 feet to a
point at the Grantors southeasterly corner in the centerline of Shier-Rings Road;
thence South 8S degrees 31 minutes S 1 seconds West, with the Grantor's southerly line and the
centerline of Shier-Rings Road, a distance of 140.02 feet to the TRUE POINT OF BEGINNING
of the said described tract, containing 0.113 acre, more or less, inclusive of the present road
which occupies 0.080 acres, more or less.
The above described acreage is contained in Auditor's Parcel 273-000304.
Stations and offsets used in this description are referenced to the proposed centerline of Shier-
Rings 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 SS36 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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EXHIBIT a
PARCEL 20WC
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0.033 ACRE NET TAKE
N85'31'S1 "E
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0.080 ACRE P.R.O.
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NORMAN L. MONSKA
273-000304
OR 05084 B15
S03'19'29"E
35.01'
S85'31'S1;'W
140.02 ~ OF CONSTRUCTION
SHIER-RINGS ROAD
DUBLIN LOCAL SCHOOLS
BOARD OF EDUCATION
CARL M. GiUPEL~
0.113 AC. GROSS TAKE
0.080 AC. P.R.O.
0.033 AC. NET TAKE
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Bearings used in this description ore b
ased on
o an octual field survey utilizing Fronklin County GER M. SMITH
~' Monuments Nos. FCGS 5536 and FCGS
URSGrein
i 7752 by OHIO REGISTERED SURVEYOR
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n June 1996. 5-6899
g PROJECT AVERY ROAD /SHIER-RINGS INTERSECTION
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Exhibit BParce120T
City ofDublin-Avery/Shier-Rings Road Improvement
Norman L. Monska
OR 05084 B 1 S
Description of Temporary Easement for Grading Purposes
Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military
°1"""* Survey 2999 and being 0.029 acre out of 1.000 acre as conveyed to Norman L. Monska, as
recorded in OR OS084 B 1 S in the Franklin County Recorder's Office, and being more particularly
described as follows:
Commencing at the Grantor's southeasterly corner being at Station 109+32.96 in the centerline of
survey of Shier-Rings Road, as appears on the Centerline Plat for an improvement to Avery Road
and Shier-Rings Road of record in Franklin County;
thence leaving said point with the Grantor's easterly line, North 03 degrees 19 minutes 29 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 with said Right of Way line, South 8S degrees 31 minutes S 1 seconds West, a distance of
140.02 feet to an iron pin set in the grantor's westerly property line;
thence with said line, North 03 degrees 19 minutes 29 seconds West, a distance of 9.00 feet to a
point in the northerly line of the tract described herein;
thence with said line, North 8S degrees 31 minutes S I seconds East, a distance of 140.02 feet to a
point in the grantor's easterly line;
thence with said property line, South 03 degrees 19 minutes 29 seconds East, a distance of 9.00
feet to the TRUE POINT OF BEGINNING, said described tract containing 0.029 acre, more or
less.
The above described acreage is contained in Auditor's Parcel 273-00304.
Stations and offsets used in this description are referenced to the proposed centerline of Shier-
Rings 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 SS36 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 20T
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CARL M. GEUPEL~
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NORMAN L. MONSKA
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^ 0.029 ACRE
N85'31'S1"E
140.02
N03'19'29"W / //// ~///// ~ //
9.00'
S85'31'S1"W 140.02
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V.M.S. 3004 140.02 ~ OF CONSTRUCTION
SHIER-RINGS ROAD
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DUBLIN LOCAL SCHOOLS ' • ' ~~„T~a
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a n actual field survey utilizing Franklin County OGER M. SMITH
J M onuments Nos. FCGS 5536 and FCGS 7752 by OHIO REGISTERED SURVEYOR
m U RSGreiner in June 1996. 5-6899
o P ROJECT AVERY ROAD /SHIER-RINGS INTERSECTION JOB N0. 9081800
T S UBJECT NORMAN L. MONSKA 20T PLAT DATE
2t APR 97
~lRS Greener
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SH:_T N0. t Gc t ARCHITECTS • ENGINEERS • PLANNE45