39-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 39-03 Passed 20
AN ORDINANCE TO APPROPRIATE A 0.165 ACRE, MORE OR LESS,
FEE SIMPLE INTEREST, FROM FLOYD H. SHIRK, TRUSTEE, 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 Two Thousand
Four Hundred Eighty One Dollars and 00/100 Cents ($2,481.00) 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 Two Thousand
Four Hundred Eighty One Dollars and 00/100 Cents ($2,481.00) 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 ~ ay of ~lt~c , 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
rk of Council, Dublin, Ohio
0.165 ACRE RIGHT-OF-WAY TRACT (RW-7)
FLOYD H. SHIRK, TRUSTEE
Situated in the State of Ohio, County of Union, Jerome Township, in Virginia Military
Survey Number 2925 and being part of a 2.31 acre tract of land as conveyed to Floyd H.
Shirk by deed in Official Record 143, Page 135, all references being to records in the
Recorder's Office, Union County, Ohio and being a 0.165 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 Deed Book 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 571.66 feet to a pk nail set at the southeast corner of said 2.31 acre tract and
the northeast corner of said 28.50 acre tract and the True Point of Beginning for this
description;
Thence along the south line of said 2.31 acre tract and the north line of said 28.50 acre
tract, South 85°06'32" West, passing an iron pin at a distance of 24.50 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 2.31 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 180.00 feet to an
iron pin set in the north line of said 2.31 acre tract and in the south line of a 40.19 acre
tract as conveyed to Charles E. and Carole W. Bynner by deed of record in Deed Record
285, Page 258;
Thence along the north line of said 2.31 acre tract and the south line of said 40.19 acre
tract, North 85°06'32" East, passing an iron pin found at a distance of 15.53 feet, a total
distance of 40.30 feet to a railroad spike found on the centerline of Hyland & Croy Road
(County Road 2-D, at the northeast corner of said 2.31 acre tract, the southeast corner of
said 40.19 acre tract and the west line of said 25.614 acre tract;
Thence along the centerline of Hyland & Croy Road (County Road 2-D), the east line of
said 2.31 acre tract and the west line of said 25.614 acre tract, South 11°52'28" East, a
distance of 180.00 feet to the True Point of Beginning and containing 0.165 acres of
land, more or less in the Township of Jerome. Being 0.103 acres within the present right
of way and 0.062 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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