41-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No ...............41-02.................................... Passed .
AN ORDINANCE TO APPROPRIATE A 0.052 ACRE, MORE OR
LESS, BIKEPATH EASEMENT AND A 0.0052 ACRE, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM
JONATHAN P. SMITH, LOCATED WEST OF DUBLIN ROAD,
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, THEREFORE, 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 Four
Thousand Three Hundred Dollars ($4,300.00) 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 C,..r c.~ , 2002.
ayor -Presiding Officer
ATTEST:
~ ~ ~ d I hereby certify that copies of this
~ ~ Ordinance/Resolution were posted in the
Clerk of Council City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
CJ,c~', erk of Council, Dublin, Ohio
PARCEL B-7 Page 1 of 1
CITY OF DUBLIN, OHIO
JONATHAN P. SMITH
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 a 1.342 acre parcel recorded in Official Record 27126,
Page H08 of the Franklin County Recorder's Office conveying an undivided one half
interest from Thomas P. Smith to Jonathan P. Smith and being more particularly
described as follows:
Beginning at the point of intersection of the existing westerly right-of--way line of Dublin
Road (Dublin-Bellepoint/State Route 745) with the grantor's southerly property line, said
point being N 87° 07' 07" W, a distance of 30.04 feet from the grantor's southeasterly
property corner;
Thence continuing with the grantor's southerly property line N 87° 07' 07" W, a
distance of 17.00 feet to a point;
Thence leaving said southerly property line N 00° 11' 37" W, a distance of 133.69
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 17.00
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 133.69 feet
to the true point of beginning and containing 0.052 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 oln 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 O.R. 27126, Page H08, of the Franklin
County Recorder's Office.
A drawing of this description is attached and made a part thereof.
CEWA
~M~ H... a
E...a.F CLYDE E. WILLIAMS & ASSOCIATES, INC.
• i A. HaiAer Abdul-Wadood A. Haider P.S. #6350
= ~ p 5.006350 0 ' + '
G 0
EXHIBIT
a
a
3
PARCEL B-7 PERMANE IKEPATH EASEMENT, DUBLIN ROAD
AND
PARCEL T-7 TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD
FRANKLIN COUNTY
WASHINGTON TOWNSHIP
V.M.S. 2542
0 50 100
SCALE: 1 "=50'
NANCY J. LAMBERT
1.952 ACRES PROP. PERMANENT
O.R. 32084, PAGE C03 60' ®BIKEPATH EASEMENT
(PARCEL N0. 273-002897 & 273-002892)
3 3
~ t` ~
17.00' .
W ~ X
17.02' o
tr
S 87°07'07" E ~
T-7 ~ ~ B-7
w Z
0.052 AC s'w ~ _ 0 0.052 AC .
rn
THOMAS P. SMITH/ ~ ¢ M w
JONATHAN P. SMITH ~ ° m 1
1.342 ACRES Y I
O.R. 27126 H08 3 3 w
m
(PARCEL N0. 273-002893) ; Q M
o r-
~ ~ o
o w o o ~
o ~ o o z
N 87°07'07" w z Z LL m ~ E o f .
0.04 0 0 ~ , o .
JERRY L. TRABUE AND ~-Z ~ • y
BEVERLY ' '
A. TRABUE, TRUSTEES 17.02' ~ Z ~ ~aa~i-waaool
9.541 ACRES ~ * Aatder °
0. R . 18149 w ~ s-006350 0
PAGE A05 POINT OF a° m
(PARCEL NO . BEGINNING T-7 ~ ~G'~ ~ s Y E ~
V •E Y.•o
273-002894)
BASIS OF BEARING:
THE BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED ON THE BEARING
I ~F 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 BOOK 71, PAGE 02, ON FILE AT THE
FRANKLIN COUNTY RECORDER'S OFFICE. ,
ABDUL-WADOOD A. RAIDER
REGISTERED SURVEYOR N0. 6350
DATE: 9 - Z~ - 2000
PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD
AND
CLYDE E. WILLUTAS do ASSOCIATES, ING. TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD
130 E. WILSON BRIDGE ROAD
WORTHINGTON, OHIO 43085
.PARCEL T-7 Page 1 of 1
CITY OF DUBLIN, OHIO
JONATHAN P. SMITH
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 a 1.342 acre parcel recorded in Official Record 27126,
Page H08 of the Franklin County Recorder's Office conveying an undivided one half
interest from Thomas P. Smith to Jonathan P. Smith and being more particularly
described as follows:
Beginning at a point on the grantor's southerly property line, said point being N 87° 07'
07" W, a distance of 47.04 feet from the grantor's southeasterly property corner;
Thence continuing with the grantor's southerly property line N 87° 07' 07" W, a
distance of 17.02 feet to a point;
Thence leaving said southerly property line N 00° 11' 37" W, a distance of 133.69
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 17.02
feet to a point;
Thence leaving said northerly property line S 00° 11' 37" E, a distance of 133.69 feet
to the true point of beginning and containing 0.052 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 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. 27126, Page H08, of the Franklin
County Recorder's Office.
A drawing of this description is attached and made a part thereof.
CEWA
C~LAH~/Y/~,//J/D~rE E. WILAL//DAMS & ASSOCIATES, INC.
~ F
' Abdul-Wadood A. Haider, P.S. #6350
't Oy
'
r . • ADlnl-Nadaol ~
~ n Date: ! Z -
A.B~idet
_ • ~ y S•000~50 c : •
EXHIBIT
L
D
PARCEL B-7 PERMANENT ATH EASEMENT, DUBLIN ROAD
AND
PARCEL T-7 TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD
FRANKLIN COUNTY
WASHINGTON TOWNSHIP
V.M.S. 2542
0 50 100
I SCALE: 1 "=50'
NANCY J. LAMBERT
1.952 ACRES PROP. PERMANENT
O.R. 32084, PAGE C03 60' ®BIKEPATH EASEMENT
(PARCEL N0. 273-002897 & 273-002892)
3 ~ 3
~ r` ~
17.00' ~
• w
17.02' w o w
S 87°07'07" E
z
T-7 ~ ~ B-7
I-'-' z
0.052 AC -----~w _ ~ 0.052 AC .
THOMAS P. SMITH/ M Q M ~ y
JONATHAN P. SMITH ° ~ m
1.342 ACRES " z
O. R. 27126 H08 3 0° 3 m
(PARCEL N0. 273-002893) ~ Q ~ r; o
o
~ o
o° ~ o° ~ z
w E O F
0.04' o ~
JERRY L. TRABUE AND ' ° "
BEVERLY A. TRABUE, TRUSTEES 17.02' o Z ~~-IYa~eo/• ;
0 9.541 ACRES _ a- ~ * A. tlaidar
•R. 181049, PAGE A05 B POINT OF o : ; s•oos3so a
m
(PARCEL 273-002894) EG I NN I NG T-7 ~ G I S T E P
R' • •
~ 'E Y
BASIS OF BEARING:
~E BEARINGS FOR THIS DESCRIPTION AND DRAWING ARE BASED ON THE BEARING
- S 15'46'47"E FOR THE CENTERLINE OF DUBLIN ROAD (DUBLIN-BELLEPOINT/
51-ATE 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. ? ~
ABDUL-WADOOD A. RAIDER
REGISTERED SURVEYOR N0. 6350
DATE: 9- 2 - 2000
PERMANENT BIKEPATH EASEMENT, DUBLIN ROAD
AN D
CLYDE E. WILLW.IS de ASSOCIATES. ING. TEMPORARY BIKEPATH EASEMENT, DUBLIN ROAD
130 E. WILSON BRIDGE ROAD