122-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ~~ Passed_______________________ _______19________
1~8-1'~------------
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AN ORDINANCE TO APPROPRIATE A 0.023 ACRE FEE SIMPLE
INTEREST AND A 0.031 ACRE TEMPORARY CONSTRUCTION
EASEMENT IN PROPERTY OWNED BY OHIO SEED
IMPROVEMENT ASSOCIATION, LOCATED ON THE EAST 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 One Thousand
Five Hundred Seventy Dollars and 00/100 Cents ($1570.00) 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 finds 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.
Passed this f ~~~ day of , 1997.
~/~~ i~ /
idin~ Officer
ATTEST: I hereby certify that codes of this Ordinance/
R~ese~ys tivnre pasted in
City of Dublin in accordance w`tb Section 731.25 of the ~=•~o (;avised toy
~~~~~2i~
Clerk of Council cyst Clerk of uncil Dublin, io
Exhibit A-Parcel 22WD
City of Dublin-Avery/Shier-Rings Road Improvement
Ohio Seed Improvement Association
Deed Book 350 Page 830
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
,~,,,4 Survey 3004 and being 0.023 acre out of Lot 7 of Shamrock Industrial Park as delineated in Plat
Book 51, Page 12 and as conveyed to Ohio Seed Improvement Association, as recorded in Deed
Book 350, Page 830 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 Averv
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 leaving said point, South 83 degrees 40 minutes 38 seconds West, 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 O1 degree 16 minutes 46 seconds West, a distance of 97.99 feet to the point of
curvature of a tangent curve to the to the left;
thence X42.53 feet with said curve, having a radius of X800.00 feet, a central angle of 0~ degrees
21 minutes 34 seconds and a chord bearing South 1 degree 24 minutes Ol seconds East a distance
of X42.33 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 North 82 degrees 28 minutes 47 seconds East, a distance of ~0.~4 feet to an iron pin set at
the TRUE PONT OF BEGINNING, being the Grantor's southwesterly corner in the westerly
right of way line of Avery Road;
thence North 04 degrees 14 minutes 19 seconds West, with the Grantor's westerly line and said
right of way line, a distance of 218.69 feet to an iron pin found in said line;
thence North O1 degree 3~ minutes ~4 seconds East, continuing with said line, a distance of
„p...„ 90.35 feet to an iron pin found at the Grantor's northwesterly corner;
thence South 02 degrees 31 minutes ~9 seconds East, leaving said comer with the new easterly
~»«~ Right of Way line of Avery Road„ a distance of 308.71 feet to the TRUE POINT OF
BEGINNING, said described tract containing 0.023 acre, more or less.
The above described acreage is contained in Auditor's Parcel 274-000105.
Stations and offsets used in this description are referenced to the proposed centerline of Averv
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
Ivlonuments Nos. FCGS »36 and FCGS 772 by URSGreiner in June 1996.
This description was prepared for URSGreiner by Roger ~1. Smith, P.S. 6899 from existing
records and actual field survey.
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OHIO REGISTERED SURVEYOR
S-6899
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County FARM & POWER EQUIPMENT
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CGS 5536 and FCGS
URSGreiner i 7752 by RETAILERS OF OHIO
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OHIO SEED IMPROVEMENT ASSOC. 22'NO PLAT
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Exhibit B-Parcel 22T
City of Dublin-Avery/Shier-Rings Road Improvement
Ohio Seed Improvement Association
Deed Book 350 Page 830
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 0.031 acre out of Lot 7 of Shamrock Industrial Park as delineated in Plat
Book ~1, Page 12 and as conveyed to Ohio Seed Improvement Association, as recorded in Deed
,,;~,,. Book 350, Page 830 in the Franklin County Recorder's Office, and being more particularly
described as follows:
Commencing at the Grantor's southwesterly comer in the easterly right of way line of Avery
Road, said point being 50.54 feet right of and radially from Station 13+62.4 in the centerline of
survey of Avery Road in 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 new easterly Right of Way line of Avery Road, North 02
degrees 31 minutes 56 seconds West, a distance of 25.27 feet to the TRUE POINT OF
BEGINNING;
thence continuing with said Right of Way line, North 02 degrees 31 minutes ~6 seconds West, a
distance of 283.44 feet an iron pin found at the Grantor's northwesterly corner;
thence with the Grantor's northerly line, North 83 degrees 47 minutes 39 seconds East, a distance
of 4.60 feet to a point in the easterly line of the tract described herein;
thence with said easterly line, South 02 degrees 07 minutes 36 seconds East, a distance of 232.18
feet to a point;
thence South 16 degrees 46 minutes 51 seconds East, a distance of X0.83 feet to a point in the
northerly line of a ~0 foot easement for storm water drainage as delineated on the above
referenced subdivision plat;
thence with said easement line, South 79 degrees 02 minutes 19 seconds West, a distance of
15.62 feet to the TRUE POINT OF BEGINNING, said described tract containing 0.031 acre,
more or less.
The above described acreage is contained in Auditor's Parcel 274-000105
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 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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OOLAN INVESTMENTS II EXHIBIT E
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OHIO REGISTERED SURVEYOR
S-6899
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OHIO SEED IMPROVEMENT
ASSOCIATION
274-000105
DB 3550 PG. 830
0.031 ACRE
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50.83'
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r*i 15.62'
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N SCALE: 1" = 30' ~ FARM & POWER EQUIPMENT EASEMENT
w RETAILERS OF OHIO
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Bearings used in this description cre based on -
on actual field survey utilizing Franklin County
Monuments Nos. FCGS 5536 and FCGS 7752 by
J URSGreiner in June 1996.
a
v PROJECT AVERY ROAD ~ SHIER-RINGS INTERSECT'DN JOB N0. 90Btgp0
SUBJECT OHIO SEED IMPROVE ::ENT ASSOC. 22T ?.Ai DATE t5 APR 97 URS Greiner
N BY CMS CHECKED RMS SHEET NO. 1 Of t ARCHITECTS E
NCINEERS • ~~,AnvERS