35-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 35-03 Pissed , 20
AN ORDINANCE TO APPROPRIATE A 0.175 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST, FROM LESTER R. AND SHIRLEY A. EYRE, 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; and
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 I~remises 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 1;he interests appropriated at Four Thousand
One Hundred Nine Dollars and 00/100 Cents ($4,109.00), 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 Four
Thousand One Hundred Nine Dollars and 00/100 Cents ($4,109.00) 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 /t/(_Qr-(~ , 2003.
-7
~r i
Mayor -Presiding Officer
I hereby certify that copies of this
ATTEST: Ordinance/Resolution were posted in the
City of Dublin in accordance with Sectio
731.25 of the Ohio Revised Code.
~2~ 1,
Clerk of Council
k of Council, Dublin, Ohio
0.175 ACRE RIGHT-OF-WAY TRACT (RW-3)
LESTER R. & SHIRLEY A. EYRE
Situated in the State of Ohio, County of Union, Jerome Township, in Virginia Military
Survey Number 6595 and being part of a 2.743 acre tract of land as conveyed to Lester R.
and Shirley A. Eyre by deed in Deed Book 253, Page 299 and being a 0.175 acre right-of-
way tract more particularly bounded and described as follows:
Beginning at a railroad spike found at the intersection of the centerline of Hyland & Croy
Road (County Road 2-D) and the centerline of Mitchel]. & Dewitt Road (County Road 9-
E), at the southwest corner of a 41.167 acre tract as conveyed to The Board of Education
of the Dublin City School District by deed of record in Official Record 82, Page 45, the
southeast corner a said 6.258 acre tract as conveyed to Orella Lyon by deed of record in
Deed Book 335, Page 445, the northeast corner of a 61.350 acre tract of land as conveyed
to H.C Associates by deed of record in D.V. 309, Page 713, the northwest corner of a
11.333 acre tract as conveyed to Jon P. Riegle, Trustee by deed of record in Official
Record 96, Page 767 and said point being on the common line between Virginia Military
Survey Numbers 3452 and 6595;
Thence with the said centerline of Hyland & Croy Road (County Road 2-D), the east line
of said 6.258 acre tract and the west line of said 41.167 acre tract, North OS° 00' 27"
West, a distance of 642.36 to a railroad spike found in the centerline of Hyland & Croy
Road (County Road 2-D), at the southeast corner of said 2.743 acre tract and at the
northeast corner of said 6.258 acre tract and the True Point of Beginning for this
description;
Thence along the south line of said 2.743 acre tract and. the north line of said 6.258 acre
tract, South 84°27'45" West, a distance of 40.00 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 2.743 acre tract with the said new west right-of--way line, North
OS°00'25" West, a distance of 190.54 feet to an iron pin set in the north line of the said
2.743 acre tract and in the south line a 2.762 acre tract as conveyed to Scott and. Shellie
Wheeler by deed of record in D.B. 196, Page 327;
Thence along the north line of the said 2.743 acre tract and the south line of the said
2.762 acre tract, North 84°31'51" East, passing an iron pin found at a distance of 9.76
feet, a total distance of 40.00 feet to a rail road spike found on the centerline of Hyland &
Croy Road (County Road 2-D), at the northeast corner of said 2.743 acre tract, and the
southeast corner of said 2.762 acre tract.
Thence along the centerline of Hyland & Croy Road (C;ounty Road 2-D), the east line of
said 2.743 acre tract and the west line of said 41.167 acre tract, South OS°00'27" East, a
distance of 190.49 feet to the True Point of Beginning and containing 0.175 acres of
land, more or less in the Township of Jerome. Being 0.109 acres within the present right
of way and 0.066 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 2-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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