37-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No ................37-02................................... Passed
AN ORDINANCE TO APPROPRIATE A 0.013 ACRE, MORE OR
LESS, BIKEPATH EASEMENT, FROM SCOTT B. FRANKLIN AND
MARIE E. FRANKLIN, LOCATED WEST OF DUBLIN ROAD AND
NORTH OF INDIAN RUN DRIVE, CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to construct a bikepath along Dublin Road
between I-270 and Darby Street; and
WHEREAS, said improvement will require the City of Dublin to obtain a permanent
bikepath and recreational use easement in and to the premises described in the attached
Exhibit "A" located in the City of Dublin, Franklin County, Ohio.
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding
for this acquisition.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, ~/-+o~ of the elected members concumng that:
Section 1. A permanent bikepath and recreational use easement in and to the premises
located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the
legal description attached hereto as Exhibit "A" is hereby appropriated for the public purpose
of constructing a bikepath along Dublin Road between I-270 and Darby Street, pursuant to
Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. 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.
Section 3. 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 4. There has been appropriated from the Capital Improvements Tax Fund Nine
Hundred Dollars ($900.00) to account 401-0314-780-2550 for the purpose of paying all costs
incident to such acquisition.
Section 5. 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 construction of the bikepath on Dublin Road between I-270 and Darby Street is
necessary to continue to build out Dublin's bikeway network and to provide for safe pedestrian
travel for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this ~ day of ~ , 2002.
Mayor -Presiding Officer
ATTEST:
I hereby certify that copies of this
Clerk of Council 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
J
PARCEL B-3 Page 1 of 1
CITY OF DUBLIN, OHIO
SCOTT B. FRANKLIN & MARIE E. FRANKLIN
DESCRIPTION OF PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD
Situated in the State of Ohio, County of Franklin, Township of Washington, in the
Virginia Military Survey No. 2542 and being part of a 2.530 acre parcel recorded in
Survivorship Deed of Record conveying an undivided one half interest to Scott B.
Franklin and Marie E. Franklin in Official Record 29443, Page HOS of the Franklin
County Recorder's Office and being more particularly described as follows:
Beginning at the point of intersection of the existing westerly right-of--way line of Dublin
Road (Dubin-Bellepoint/State Route 745) with the grantor's southerly property line, said
point being N 87° 07' 07" W, a distance of 25.52 feet from the grantor's southeasterly
property corner;
Thence with the grantor's southerly property line N 87° 07' 07" W, a distance of
20.00 feet to a point;
Thence N 00° 11' 37" W, a distance of 28.07 feet to a point on the grantor's northerly
property line;
Thence with the grantor's northerly property line S 87° 07' 07" E, a distance of 20.00
feet to a point on the existing westerly right-of--way line of said Dublin Road (Dublin-
Bellepoint/State Route 745);
Thence with said westerly right-of--way line S 00° 11' 37" E, a distance of 28.07 feet
to the point of beginning and containing 0.013 acres, more or less. Subject to all legal
highways, easements and restrictions of record.
The bearings for this description and drawing are based on the bearing of S 15° 46' 47" E
for the centerline of Dublin Road (Dublin-Bellepoint/State Route 745) as shown c~n the
plat of Brandon Section 4, recorded in Plat Book 71, Page 02, on file at the Franklin
County Recorder's Office.
This description is based on a survey made, under the direction and supervision of Abdul-
Wadood A. Haider, P.S. #6350 of CLYDE E. WILLIAMS & ASSOCIATES, INC.,
APRIL of 1996.
Grantor claims title of instrument(s) of record in O.R. 29443, Page H06, of the Franklin
County Recorder's Office.
A drawing of this description is attached hereto and made a part thereof.
CEWA
CLY,~D/fEpE. WILLIAMS & ASSOC~IA/TJES, INC.
E F 0
r= Abdui-Wadood A. Haider, P.S. #6350
= A. Acidcr Date• ad
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EXHIBIT
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PARCEL B-3
PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD
FRANKLIN COUNTY
WASHINGTON TOWNSHIP
V.M.S. 2542
60'
GARY E. GRAY AND
DALE ANN GRAY I~ ~ ~
1.759 ACRES I;; ~ w
O.R. 11557, PAGE C17 I~ = 0 50 100
(PARCEL N0. 270-000228) o
w I SCALE: 1 "=50'
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PROP. PERMANENT
~ ®BIKEPATH EASEMENT
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SCOTT B. FRANKLIN AND I
MARIE E. FRANKLIN o I Z
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2.530 ACRES o o
0 . R . 29443 H05 I
(PARCEL NO. 270-000267) Z w
20.00' ( „ o
S 87°07'07" E ? ~
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N 87°07'07" yy 0.013 AC.f N
- 15' PUBLIC UTILITY EASEMENT ~
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LOT 1 20.00'
INDIAN RUN ESTATES
P• B. 29, PAGE 12 o Z
CHARLES J. S1MON AND MARION I z z 3 I `
F . S I MON " ~
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1.032 ACRES ° ° o l E ° F
DB , 2602 PAGE 388 c~ o ~ ~ • y
(PARCEL N0. ' '
270-000578) ^ N ( , y; A~Inr-waaoal ~ '
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BASIS OF BEARING:
THE BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED
ON THE BEARING OF S 15'46'47"E FOR THE CENTERLINE
OF DUBLIN ROAD (DUBLIN-BELLEPOINT/STATE ROAD 745)
°S SHOWN ON THE PLAT OF BRANDON SECTION 4, RECORDED IN
'AT BOOK 71, PAGE 02, ON FILE AT THE FRANKLIN
JUNTY RECORDER'S OFFICE.
ABDUL-WADOOD A. HAIDER
REGISTERED SURVEYOR N0. 6350
DATE: ~ - ~C.(o - 2000
PERMANENT BIKEPATH EASEMENT DUBLIN ROAD
CLYDE E. WILLIAMS at ASSOCIATES, INC.
t zn C WII C(1N RRIM:F RAAD