Loading...
40-02 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co Form No. 30043 Ordinance No ...................40-02................................ Passed . AN ORDINANCE TO APPROPRIATE A 0.023 ACRE, MORE OR LESS, BIKEPATH EASEMENT AND A 0.018 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM CHARLES J. SIMON AND MARION F. SIMON, 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 and temporary construction easement in and to the premises described in the attached Exhibits "A" and "B" 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, '~HEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. A permanent bikepath and recreational use easement and temporary construction easement 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 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 One Thousand Eight Hundred Fifty Dollars ($1,850.00) 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.~ ~~l..Lt- , 2002. May - residing Officer I hereby certify that copies of this ATTEST: Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Clerk of Council ~y ~ _ ~Q,cf- k of Council, Dublin, Ohio PARCEL B-2 Page 1 of 1 CITY OF DUBLIN, OHIO CHARLES J. SIMON & MARION F. SIMON DESCRIPTION OF PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD Situated in the State of Ohio, County of Franklin, Township of Washington, in the V.M.S. #2542 and being part of Lot 1, plat of INDIAN RUN ESTATES recorded in Plat Book 29, Page 12, conveyed to Charles J. Simon and Marion F. Simon by Deed of Record in Volume 2602, Page 388, of the Franklin County Recorder's Office and being more particularly described as follows: Beginning for reference at the northeasterly corner of said Lot 1 on the southerly property line of a 2.530 acre parcel conveyed to Scott B. Franklin and Marie E. Franklin in Office Record 29443, Page HOS; Thence, S 00° 11' 37" E along the easterly line of said Lot 1 a distance of 15.02 feet to the southeasterly corner of a public utility easement 15 feet in width and the TRUE POINT OF BEGINNING; Thence, continue S 00° 11' 37" E along the easterly line of said Lot 1 a distance of 133.39 feet to a point of curvature on a curve to the right having a radius of 30.00 feet, a chord bearing of S 19° 46' 43" W and a chord distance of 20.49 feet; Thence, N 00° 11' 37" W a distance of 153.03 feet to a point on the southerly line of said public utility easement; Thence, S 87° 07' 07" E along the southerly line of said public utility easement a distance of 7.01 feet to the point of beginning and containing 0.023 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 o~ 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 Deed of Record in Volume 2602, Page 388, of the Franklin County Recorder's Office. A drawing of this description is attached and made a part thereof. CEWA CLYDE E. WILLIAMS & ASSOCIATES, INC. ~H~~....~,~ ~ ' . ~ ~ Abdul-Wadood A. Haider, P.S. #6350 r~ ~ : I~lu1•w~1oo1 n ~ A. Aai9er 1 Date• _ 2 ~ © ~ i ~ =•006350 ~ ~ • . EXHIBIT PARCEL B-2 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD AN D PARCEL T-2 TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. 2542 ~ y AD/af-Maloo/ A. Aalder ' ~ SCOTT B . FRANKLIN AND . ` : p S•ooesso MARIE E. FRANKLIN 2.530 ACRES s ~ s t E ~ ' P 0. R. 29443, PAGE H05 10' x 20' x 22.83' ,~'•.,G R• ~ 'E ';~~~o,,,,.••'~ (PARCEL N0. 270-000267) STATE OF OHIO EASEMENT P.B. 29, PAGE 12 0 50 100 ~ 60.00' I SCALE: 1 "=50' w ®PROP. PERMANENT POINT OF BEGINNING T-2 I I BIKEPATH EASEMENT - 15' PUBLIC UTILITY EASEMENT 5~ O 1 ' ~ POINT OF REFERENCE N 87° 07' 07" W - 7.01' 15.02' T-2 POINT OF BEGINNING B-2 Lor 1 .018 Ac f I INDIAN RUN ESTATES oI I 3 P.B. 29, PAGE 12 = _ Qom, M \ Y F-- 3 I ~ N ~ W ° ^ X ~ m~ rir~ 3 w ~ (w ~ co = w CHARLES J . S I MON AND Q ~ ~ ~ ^ ; " MARION F . S I MON o o ~ I ~ I °Q a'• " 1- 1.032 AC ° ° o ~ ~ ~ Z ° ° ~ ~ r~ II m a VOLUME 2602, PAGE 388 ZI °o ¢ I V II c, 11 (PARCEL N0. 270-000578) B-2 v ~ ¢ ~ ~ ~ .023 AC t ~ z I 0 3 w ~ ( ~ CURVE#2 `r _ m R W CURVE#~ z ~ ~ N RUN pR = I °o lNp~ P o cn n °i o I ~ ~ Q N II ~ i° O Y~ 0 N ~ N° J t~ C w O tY O~ I~ ~ RUN E G~ r~12 3 ~ I3 ~ M I I m 0 I~ ~N~l A 29 , PPG ~ ' " ~ mod' c=~ cz~ ~ P •8 • o ~ w BASIS OF BEARING: W THE BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED )N THE BEARING OF S 15'46''47"E FOR THE CENTERLINE )F DUBLIN ROAD (DUBLIN-BELLEPOINT/STATE ROUTE 745) ;S SHOWN ON THE PLAT OF BRANDON SECTION 4, RECORDED IN PLAT BOOK 71, PAGE 02, ON FILE AT THE FRANKLIN COUNTY RECORDER'S OFFICE. ' ~a~~~ A • ABDUL-WADOOD A. HAIDER REGISTERED SURVEYOR N0. 6350 DATE: 9 - Z ~ 2000 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD AND CLYDE E wiLLlAAIS ~ AssOCIATES, INC. TEMPORARY BIKEPATH EASEMENT DUBLIN ROAD 130 E. WILSON BRIDGE ROAD WORTHINGTON, OHIO 43085 ~ PARCEL T-2 Page 1 of 1 CITY OF DUBLIN, OHIO CHARLES J. SIMON & MARION F. SIMON DESCRIPTION OF TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD Situated in the State of Ohio, County of Franklin, Township of Washington, in the V.M.S. #2542 and being part of Lot 1, plat of INDIAN RUN ESTATES recorded in Plat Book 29, Page 12, conveyed to Charles J. Simon and Marion F. Simon by Deed of Record in Volume 2602, Page 388, of the Franklin County Recorder's Office and being more particularly described as follows: Beginning for reference at the northeasterly corner of said Lot 1 on the southerly property line of a 2.530 acre parcel conveyed to Scott B. Franklin and Marie E. Franklin in Office Record 29443, Page HOS; Thence, S 00° 11' 37" E along the easterly line of said Lot 1 a distance of 15.02 feet to the southeasterly corner of a public utility easement 15 feet in width; Thence, N 87° 07' 07" W along the southerly line of said easement a distance of 7.01 feet to the TRUE POINT OF BEGINNING; Thence, S 00° 11' 37" E a distance of 153.03 feet to a point on the southerly line of said Lot 1 on a curve to the right having a radius of 30.00 feet, a chord bearing of S 46° 20' 48" W and a chord distance of 6.89 feet; Thence, N 00° 11' 37" W a distance of 158.04 feet to a point on the southerly line of said public utility easement; Thence, S 87° 07' 07" E along the southerly line of said public utility easement a distance of 5.01 feet to the point of beginning and containing 0.018 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 on the plat of Brandon Section 4, recorded in Plat Boolc 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 Deed of Record in Volume. 2602, Page 388, of the Franklin County Recorder's Office. A drawing of this description is attached and made a part thereof. CEWA CLYDE E. WILD' L~/IAMS & AS~S/O~CIATES, INC. ,~N ~ . Abdul-Wadood A. Haider, P.S. #6350 ~ A. (hider Date• * ~A 5-006350 0 ~~~~i~q~aa~NN~~ EXHIBIT PARCEL B-2 PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD AND PARCEL T-2 TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD FRANKLIN COUNTY WASHINGTON TOWNSHIP V.M.S. 2542 f,r'°°NHbrrrrrrrr,• • ti • A61u1•M?o0oo! o w. A~Ner SCOTT B . FRANKLIN AND ; ~ s•oosaso a , . J, ~STE~• ~ MARIE E. FRANKLIN • . G . 2.530 ' 0. R. 29443 A PAGE H05 10' x 20' x 22.83' ~~~"''~~R,,~„E.,y,,,,,.•~'• (PARCEL N0. 270-000267) STATE OF OHIO EASEMENT P.B. 29, PAGE 12 3 0 50 100 ~ 60.00' SCALE: 1 "=50' w ®PROP. PERMANENT POINT OF BEGINNING T-2 I I BIKEPATH EASEMENT _ 15' PUBLIC UTILITY EASEMENT c~, 5'01' ~ POINT OF REFERENCE 7.01' 15,02' T_2 POINT OF BEGINNING B-2 LOT 1 •018 AC f ~ INDIAN RUN ESTATES of ~ ( 3 P.B. 29, PAGE 12 = M ~ ~ ~ ~ YZ 3 N ~ ~ ~w ~r~ 3 w ~ IW ~ M CHARLES J . S I MON AND ~ w o ~ ~ ~ y o ~ " MARION F . S I MON o o .-I _ ~ I o ~ ~ O o O Li.l O~ tYNM 1.032 AC w ~ ~ II m o VOLUME 2602, PAGE 388 Z Z) °o ¢ I ~ n v n (PARCEL N0. 270-000578) ~ ¢ ~ ~ a B-2 v .023 AC t z ~ I 3 W J r~ CURVE#2 m I = r . R W G~RVE#~ z ~ ~ p1PN RUN o I _ ~ II o IN ``1 I W p N ~ N ~ L<' y, N RAN E G~•(12 3 ~ I~ ~ M II m o lp~g 29, pP ~ = w " ~ Q ~ ~ a X O ' BASIS OF BEARING: w -HE BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED N THE BEARING OF S 15'46''47"E FOR THE CENTERLINE :F DUBLIN ROAD (DUBLIN-BELLEPOINT/STATE ROUTE 745) AS SHOWN ON THE PLAT OF BRANDON SECTION 4, RECORDED IN PLAT BOOK 71, PAGE 02, ON FILE AT THE FRANKLIN COUNTY RECORDER'S OFFICE. n`G~ ABDUL-WADOOD A. RAIDER REGISTERED SURVEYOR N0. 6350 DATE: ~ - 2fa - 2000 ~'1~ PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD V~~ AN D CLYDE E. WILLIAMSudcoASSOC DTES, INC. •r c ~ ~ D r1 Q ~ R V R I ll ~ A ~ T N ~ O C~ M~ N T f 1 I I R I I N R n A f~