34-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 34-03 Passed . 20
AN ORDINANCE TO APPROPRIATE A 0.295 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST, FROM CHARLES E. AND CAROLE W. BYNNER,
UNION COUNTY AND UNION RURAL CO-OPERATIVE, INC., LOCATED
WEST OF HYLAND & CROY ROAD, TOWNSHIP OF JEROME, COUNTY
OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to construct turn lanes along Mitchell-Dewitt
(Brand Road) and Hyland-Croy Roads; and
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest
in and to the premises described in the attached Exhibit "A" located in the Township of
Jerome, Union 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 fee simple interest in and to the premises located in the Township of Jerome,
Union 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 turn lanes along
Mitchell-Dewitt (Brand Road) and Hyland-Croy Roads, 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 Seven Thousand
Four Hundred One Dollars and 00/100 Cents ($7,401.00) which sum shall be deposited with the
Union 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 owner 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 complaint for appropriation in the
Union 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. There be appropriated from the Capital Improvements Tax Fund Seven
Thousand Four Hundred One Dollars and 00/100 Cents ($7,401.00) to account 40-03-14-2550
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 turn lanes along Mitchell-Dewitt (Brand Road) and Hyland-
Croy Roads is necessary to improvement traffic circulation and relieve traffic congestion for the
citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this day of /f/(,Q.rG~ , 2003.
_
Mayor -Presiding 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 n _
G~.~ ; Jerk of Council, Dublin, Ohio
0.295 ACRE RIGHT-OF-WAY TRACT (RW-8)
CHARLES E. BYNNER& CAROLE W.BYNNER
Situated in the State of Ohio, County of Union, Jerome Township, in Virginia Military
Survey Number 2925 and being part of a 40.19 acre tract of land as conveyed to Charles
E. Bynner & Carole E. Bynner by deed in Deed Record 285, Page 258, all references
being to records in the Recorder's Office, Union County, Ohio and being a 0.295 acre
right-of--way tract more particularly bounded and described as follows:
Beginning at a railroad spike set in the centerline of Hyland & Croy Road (County Road
2-D), at the northeast corner of a 2.762 acre tract of land as conveyed to Scott A. and
Shellie A. Wheeler by deed in Official Record 196, Page 327, at the southeast corner of
said 28.50 acre tract as conveyed to Freida I. Shirk, Trustee by deed of record in Official
Record 143, Page 142, at the southwest corner of a 25.614 acre tract as conveyed to The
Board of Education of the Dublin City School District by deed in Official Record 80,
Page 209, at the northwest corner of a 41.167 acre tract as conveyed to The Board of
Education of the Dublin City School District by deed in Official Record 82, Page 45, said
point being common to the northerly corners of Virginia Military Survey Numbers 3542
and 6595 and the southerly line of Virginia Military Survey Number 2925;
Thence with the centerline of Hyland & Croy Road (County Road 2-D), the east line of
said 28.50 acre tract and the west line of said 25.614 acre tract, North 11°52'28" West, a
distance of 751.66 feet to a railroad spike found at the southeast corner of said 40.19 acre
tract and the northeast corner of said 2.31 acre tract as conveyed to Floyd H. Shirk,
Trustee by deed of record in Official Record 143, Page 135 and the True Point of
Beginning for this description;
Thence along the south line of said 40.19 acre tract and the north line of said 2.31 acre
tract, South 85°06'32" West, passing an iron pin at a distance of 24.77 feet, a total
distance of 40.30 feet to an iron pin set in the new west right-of--way line of Hyland &
Croy Road (County Road 2-D);
Thence crossing the said 40.19 acre tract with the new west right-of--way line of Hyland
& Croy Road (County Road 2-D), North 11°52'28" West, a distance of 318.85 feet to an
iron pin set on the north line of said 40.19 acre tract;
Thence with the north line of said 40.19 acre tract, North 78°07'32" East, a distance of
40.00 feet to a railroad spike found on the centerline of Hyland & Croy Road (County
Road 2-D), at the northeast corner of said 40.19 acre tract and the northwest corner of
said 25.614 acre tract;
Thence along the centerline of Hyland & Croy Road (County Road 2-D), the east line of
said 40.19 acre tract and the west line of said 25.614 acre tract, South 11°52'28" East, a
distance of 323.76 feet to the True Point of Beginning and containing 0.295 acres of
land, more or less in the Township of Jerome. Being 0.185 acres within the present right
of way and 0.110 acres of right of way to be acquired.
Subject to all easements, agreements and right-of--ways of record.
The basis of bearings is North OS°00'27" West, for the centerline of Hyland & Croy
Road (County Road Z-D), as shown on a previous survey recorded in Survey Record 15,
Page 398, on record in the Office of the Union County Engineer. All Deed Records and
Plat Records are Union County Records unless noted otherwise. Iron pins set are 5/8"
rebar with plastic cap marked LJB Inc.
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