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86-02 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 86-02 (Amended) Passed , 20 AN ORDINANCE VACATING THE NORTHERN FIVE (5) FEET OF TRAILS END DRIVE, LOCATED NORTH OF SUMMITVIEW ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin has determined that, pursuant to negotiations between the residents located along Trails End Drive and the City of Dublin (hereinafter "City"), the northern five (5) feet of Trails End Drive, located north of Summitview Road, is not needed by the City; and WHEREAS, the City further finds that there is good cause for such vacation of said northern five (5) feet of Trails End Drive, located north of Summitview Road, and that such vacation will not be detrimental to the general public of the City. NOW, THEREFORE, ~E IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. The northern five (5) feet of Trails End Drive, located north of Summitview Road, be and the same hereby is vacated. Section 2. The City Engineer is hereby instructed to prepare a vacation plat of said vacated northern five (S) feet of Trails End Drive and the Clerk of Council is instructed to endorse upon such plat, the action of this Council in vacating such portion of Trails End Drive and to cause said plat to be recorded in the office of the Recorder of Franklin County, Ohio. Section 3. The Clerk of Council is directed to notify the Auditor of Franklin County of the vacation by sending him/her a copy of this ordinance. Section 4. This Ordinance shall take effect and be in force from and after the earliest date permitted by law and following the two adjacent property owners binding commitment to grant a General Warranty Deed to the City for the vacated acreage. Passed this ~ ~ da of , 2002. Mayor -Presiding Officer ATTEST: L ~ t~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. •~ erk of Council, Dublin, Ohio ORDINANCE NO, ~ 3 -~~ VILLAGE OF DUBLIN, OHIO ACCEPTING PETITION FOR ANNEXATION OF TERRITORY TO THE VILLAGE OF DUBLIN, OHIO BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, `(J of the members elected thereto concurring: SECTION 1, That the Petition of Roberta & John Core, et al, for the annexation to the Village of Dublin of the following described territory in the County of Franklin and adjacent to the Village of Dublin, to-wit: Situated in the State of Ohio, County of Franklin, Township of Perry and being more fully described as follows: Beginning at an angle point in the existing northerly Corporation line of the Village of Dublin as shown of record in Miscellaneous Records Volume 138, Page 617, Ord, No, 14-65, Franklin County Recorder's Office, said point also being the northeast corner of a tract of land formerly owned by Earl and Bertha May Headlee and acquired in part by the State of Ohio for Interstate Route 270; Thence along and with said existing Dublin Corporation Line, the following courses and distances; Westerly approximately 1744 feet to an angle point; Northerly approximately 399 feet to an angle point; Southwesterly approximately 223, 5 feet to an angle point; Westerly approximately 173 feet to an angle point; Southwesterly approximately 135, 5 feet to an angle point; Southwesterly approximately 105 feet to an angle point; Westerly approximately 100, 2 feet to an angle point; Southwesterly approximately 109 feet to an angle point; Southwesterly approximately 117, 5 feet to an angle point; Westerly approximately 450 feet to an angle point in the center of the Scioto River and the Washington -Perry Township Line; Thence along the center of said Scioto River and the meanders thereof and said Township line, a distance of approximately 11, 510 feet to a point in the North line of Franklin County; Thence along and with said County line easterly a distance of approximately 8, 560 feet to a point 30, 00 feet west of the centerline of Sawmill Road; Thence southerly along and with a line 30, 00 feet west of and ? parallel to the centerline of Sawmill Road a distance of approximately 10, 105 feet to an angle point in said existing Northerly corporation line of Dublin; f Thence along and with said existing corporation line, the following courses and distances: Westerly approximately 270, 0 feet to an angle point; Northerly approximately 145, 2 feet to an angle point; Westerly approximately 1336, 89 feet to an angle point; Southerly approximately 988, 6 feet to an angle point; Westerly approximately 607. 7 feet to an angle point; Southerly approximately 789 feet to an angle point; Westerly approximately 921 feet to an angle point; Northerly approximately 820 feet to the place of beginning containing approximately 1679 acres and there to terminate. an accurate map of which territory together with its petition for its annexation and other papers relating thereto, and a certified transcript of the proceedings of the County Commissioners in relation thereto, are on file with the Clerk of Council of said Village, be and the same hereby is accepted. SECTION 2, That this Ordinance shall take effect and be in force from and after the earliest period allowed by law, President Pro Temt~6r~e Passed this ~~~ day of < ,).'9~~.:,4L~! 197. (}I 1 i~t V 1 ~' ri- ~% ~ ayor -Pre iding Officer Attest: ~'~ j,'' ~...Yi~.i,. ' c .~. Clerk -Treasurer ~ .. ... -- ~ ' ~. At.tacrment A DESCRIPTION OI' 1679 %~CRES IN r~F'RI;Y `l'O,aNSHIP TO LE 1~I~dNE?~F;D TO THE Vi:LT~r~,i"is t)F I)U~3LIN Situate in the State of Uh~.o, ro~:~rty of Franklin, Township of Perry and being more fully doscri_bed a:: fellows Beginr.i ng at an angle paint ~.n f_ho exist:.~_ng northerly Corporation line of the Village of Dublin as S11GYJn. O x:e~•ord in Miscellaneous Records Volume 138, page 617, Ord. No, 14-65, Franklin County Recorder's Office, sal d point a:.Lso being ti7E'_ northeast co.r_ner of a tract of lard formerly owned by Earl. and Bertha May Eeadlee and acquired in part by the State of Ohio for Interstate Route 270; Thence along and with said existing Du'~~lin Corporation line, tl'ie following cour_ ses and distances ; Westerly approximately 1744 feet to an angle point; Northerly approximately 399 feet to ur. angle point; Southwesterly approximate ly 223.5 feet to an angle point; Westerly approximately 173 feet to an angle point; Southwesterly approximately 135.5 feet to an angle point; Southwesterly approximately 105 feet to an angle point; Westerly approxirately 100.2 feet to an angle point; Southwesterly approximately i09 feet to an angle point; Southwesterly approximately 117.5 feet to an angle point; Westerly approxi.m.ately 450 feet to ar: angle point in the center of the Scio~`.:.o River ar~d the Washington - Perry Township Line; Thence along tho t::enter of said Sc~.cto River and the meanders thereof and said Township line, a distanco of approxirately 11,510 feet to a point in the North line of Franklin County; Thence along and w~.th Said County line. easterly a distance of approximately 3,560 feE~t to a point 30.00 feet west of the centerline of Sawmill Road; Thence southerly along and with a line 30.00 feet west of and parallel to the centerline of Sawmill Road a distance of approximately 10,105 feet to an angle point ir. said existing Northerly corporation line of Dublin; Thence along and with said existing corporation line, the following courses and distances: Westerly agproxisriately 270.0 feet to an angle point; Northerly approximately 145.2 feet to an angle point; Westerly approximately 1336.89 feet to an angle point; Southerly approximately 958.5 feat to an angle point; Westerly approximately 607.7 feet to an angle poir.~; Southerly approximately 789 feet to an angle point; Westerly approximately 921. f.ett to an angle pe.int; Northerl~~ a.ppro.ri.r,:a±r:~7 7 8?0 re ~ t t'? 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T . u p[, r IJ, I ~ t J~ MOY J .1 Q . ~ • epnwp .4-u,~oi,T'l' fr~r, -_ --=-~ I F~'t. S °w+ ~~"-~ I _ ~^ E - SCHOTTENSTEIN ZOX gc DUNN a legal professional association MEMORANDUM TO: City Council Marsha Grigsby Frank Ciarochi FROM: Stephen J. Smith Mitchell H. Banchefsky DATE: June 13, 2002 RE: Proposed Vacation of Trails End Drive -Ordinance 86-02 (Amended Legal staff has investigated the City's options regarding the possible vacation of the northern five (5) feet of Trails End Drive to deter the connection from the proposed adjacent subdivision to the north. Legal staff contacted Bruce Jones, Mapping Assistant Supervisor at the Franklin County Engineer's Office, to discuss the history of Trails End Drive and the options open to the City. Mr. Jones confirmed that the City has ownership of Trails End Drive (the "roadway"), which is located in Dublin. This roadway was originally dedicated to the "public use" in 1971 when it was within the jurisdiction of Perry Township. Thus, according to Mr. Jones, in 1971, the roadway was under the "ownership" of Franklin County. On January 7, 1974, the Dublin Village Council approved the annexation of the roadway, as part of a 1679 acre annexation, via Ordinance 3-74. Therefore, in 1974 and thereafter, the roadway was under Dublin's "ownership" and control. Legal staff explained to Mr. Jones that the City ideally would like to vacate the northern five (5) feet of the roadway while at the same time retaining the underlying fee. Mr. Jones confirmed the results of our research, which indicate that upon vacation, ownership of the five foot portion of the roadway reverts to the two adjoining property owners by operation of law. Therefore, if the City were to vacate the roadway, it should make any such vacation contingent upon the two property owners at the northern end of Trails End Drive deed their portion of the right-of--way back to the City. This will enable the City to maintain and control access. In conclusion, the City does maintain jurisdiction and ownership of Trails End Drive, and will want to proceed with caution should the decision be made to vacate the roadway. vrww.SZD.com Columbus Cleveland Cincinnati {H02064883 The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice b 14/462-2700 . fax 614/462-5135