48-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 48-03 Passed . 20
AN ORDINANCE TO APPROPRIATE A 0.041 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST FOR ADDITIONAL RIGHT-OF-WAY, A 0.462 ACRE,
MORE OR LESS, FEE SIMPLE INTEREST FOR EXISTING RIGHT-OF-
WAY, AND A 0.186 ACRE, MORE OR LESS, TEMPORARY
CONSTRUCTION EASEMENT, FROM LISA M. JOHNSON AND CAROLYN
M. QUINN, LOCATED SOUTH OF RINGS ROAD AND WEST OF WILCOX
ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. ~
I
WHEREAS, the City of Dublin is preparing to reconstruct the Rings Road and Wilcox Road
intersection; and ~
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest and
a 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 fee simple interest 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 reconstructing the Rings Road and Wilcox Road intersection, 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 Twelve Thousand ~
Nine Hundred Twenty Five Dollars and 00/100 Cents ($12,925.00) which sum shall be deposited
with the Franklin 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 owners of the property as to appropriate compensation, and
that the City intends to obtain immediate possession of the property.
i i
Section 4. The City Law Director is directed to file a complaint 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 5. There has been appropriated from the Capital Improvements Tax Fund Twelve
Thousand Nine Hundred Twenty Five Dollars ($12,925.00) to account 4010314-780-2550 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 o f t he p ublic h ealth, s afety a nd w elfare. T he r eason f or s uch necessity is that the
prompt reconstruction of the Rings Road and Wilcox Road intersection 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 , 2003.
I~
Mayor - residing Officer I hereby certify that copies of this.
Ordinance/Resolution were posted in the',
ATTEST: City of Dublin in accordance with Sectionl,
731.25 of the Ohio Revised Code.
Clerk of Council
k of Council, Dublin, Ohio ail
i
I
SCHOTTENSTEIN ZOX sc DUNN
a legal professional association
MEMORANDUM
TO: Dublin City Council
Jane Brautigam
FROM: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: Apri130, 2003
RE: Southwest Calming -Phase 4
SUMMARY:
This project requires appropriation of right-of--way from six (6) property owners
for the construction of a traffic circle on Rings Road and the reconstruction of the
Rings Road and Wilcox Road intersection. Five (5) property owners have agreed
to donate or have executed the necessary easements to the City. Ordinance No.
48-03 has been submitted to Council for approval of Dublin's intent to appropriate
the necessary right-of--way and easements from the remaining one (1) property
owner.
RECOMMENDATION:
Legal Staff recommends approval of Ordinance No. 48-03.
www.SZD.com
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PAGE 1 OF 1
EXHIBIT A
PARCEL 21 WD
CITY OF DUBLIN, OHIO
LISA A. JOHNSON and CAROLYN M. QUINN
DESCRIPTION OF ADDITIONAL
RIGHT-OF-WAY FOR WILCOX ROAD AND RINGS ROAD
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 3004, BEING A PART OF THAT 1.676 ACRE TRACT AS CONVEYED
TO LISA A. JOHNSON AND CAROLYN M. QUINN BY DEED OF RECORD IN OFFICIAL RECORD 31629
J16, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT FRANKLIN COUNTY MONUMENT NO. FCGS 4412 AT THE CENTERLINE
INTERSECTION OF RINGS ROAD WITH WILCOX ROAD, ALSO BEING THE NORTHEASTERLY
CORNER OF SAID 1.676 ACRE TRACT;
THENCE SOUTH OS°30' 15" EAST, A DISTANCE OF 204.90 FEET, ALONG THE EXISTING
CENTERLBE OF WILCOX ROAD, AND ALONG THE EASTERLY LINE OF SAID 1.676 ACRE TRACT, TO
THE SOUTHEASTERLY CORNER OF SAID 1.676 ACRE TRACT;
{ THENCE SOUTH 87°42' 16" WEST, A DISTANCE OF 30.05 FEET, ALONG THE SOUTHERLY LINE
OF SAID 1.676 ACRE TRACT, TO THE INTERSECTION WITH THE EXISTING WESTERLY RIGHT-OF-
WAY LINE OF WILCOX ROAD;
THENCE NORTH OS°30' 15" WEST, A DISTANCE OF 102.92 FEET, ALONG THE EXISTING
WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD TO AN IRON PIN SET AT THE INTERSECTION
WITH THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD;
THENCE NORTH 50°46'58" WEST, A DISTANCE OF 84.44 FEET, ALONG THE NEW WESTERLY
RIGHT-OF-WAY LINE OF WILCOX ROAD TO AN IRON PIN SET AT THE INTERSECTION WITH THE
EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD;
THENCE SOUTH 83°56' 18" WEST, A DISTANCE OF 290.11 FEET, ALONG THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD, TO THE INTERSECTION WITH THE WESTERLY
LINE OF SAID L676 ACRE TRACT;
THENCE NORTH 06°04'30" WEST, A DISTANCE OF 40.00 FEET, ALONG THE WESTERLY LINE
OF SAID 1.676 ACRE TRACT, TO THE INTERSECTION WITH THE EXISTING CENTERLINE OF RINGS
ROAD, AT THE NORTHWESTERLY CORNER OF SAID 1.676 ACRE TRACT;
THENCE NORTH 83°56' 18" EAST, A DISTANCE OF 380.51 FEET, ALONG THE EXISTING
CENTERLINE OF RINGS ROAD, AND ALONG THE NORTHERLY LINE OF SAID 1.676 ACRE TRACT, TO
THE POINT OF BEGINNING, CONTAINING 0.503 ACRE, MORE OR LESS, OF WH[CH THE PRESENT
ROAD OCCUPIES 0.462 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA 0.503 ACRE IS CONTAINED WITHIN THE FRANKLIN
COUNTY AUDITOR'S PARCEL 273-005376.
ALL IRON PINS SET ARE 5/8 INCHES IN DIAMETER BY 30 INCHES LONG, TOPPED WITH A
1-1/2" DIAMETER ALUMINUM CAP STAMPED "R.D. ZANDE".
THE BEARING DATUM OF THE AFORE-DESCRIBED PARCEL IS BASED UPON THE RINGS
ROAD CENTERLINE AS BEING NORTH 83°2T 19" EAST, BETWEEN FCGS #4412 AND FCGS #4413.
THIS DESCRIPTION WAS PREPARED IN FEBRUARY, 2001 BY TIM ALLEN BAKER,
REGISTERED SURVEYOR 7818 AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN IN
DECEMBER 1999 BY R. D. ZANDE AND ASSOCIATES, INC. UNDER THE DIRECTION OF SAID
SURVEYOR.
A DRAWING OF THIS DESCRIPTION KNOWN AS EXHIBIT "B" IS ATTACHED HERETO AND
MADE PART THEREOF.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD
31629 J16, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
R. D. ZANDE AND ASSOCIATES, INC.
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~ / REGISTERED SURVEYOR NO. 7818 DATE
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m Registered Surveyor X7818 Date
PAGE 1 OF 1
EXHIBIT A
PARCEL 21 T
CITY OF DUBLIN, OHIO
LISA A. JOHNSON and CAROLYN M. QUINN
DESCRIPTION OF A TEMPORARY CONSTRUCTION
EASEMENT FOR WILCOX ROAD AND RINGS ROAD
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILTI'ARY SURVEY NO. 3004, BEING A PART OF THAT 1.676 ACRB TRACT AS CONVEYED
TO LISA A. JOHNSON AND CAROLYN M. QUINN BY DEED OF RECORD IN OFFICIAL RECORD 31629
J16, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT FRANKLIN COUNTY MONUMENT NO. FCGS 4412 AT THE
CENTERLINE INTERSECTION OF RINGS ROAD WITH WILCOX ROAD, ALSO BEING THE
NORTHEASTERLY CORNER OF SAID 1.676 ACRE TRACT;
THENCE SOUTH OS°30' 15" EAST, A DISTANCE OF 100.29 FEET, ALONG THE EXISTING
CENTERLINE OF WILCOX ROAD, AND ALONG THE EASTERLY LINE OF SAID L676 ACRE TRACT, TO
A POINT;
THENCE SOUTH 84°29'45" WEST, A DISTANCE OF 30.00 FEET, PERPENDICULAR TO THE
CENTERLINE OF WILCOX ROAD, TO AN IRON PIN SET AT THE INTERSECTION OF THE EXISTING
WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD WITH THE NEW WESTERLY RIGHT-OF-WAY
LINE OF WILCOX ROAD, AND BEING THE POINT OF TRUE BEGINNING;
THENCE SOUTH OS°30' l5" EAST, A DISTANCE OF 50.00 FEET, ALONG THE EXISTING
WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD, TO A POINT;
THENCE SOUTH 83°56' L 8" WEST, A DISTANCE OF 90.00 FEET, ACROSS SAID 1.676 ACRE
TRACT, AND PARALLEL TO THE EXISTING CENTERLINE OF RINGS ROAD, TO A POINT;
THENCE NORTH OS°30' 15" WEST, A DISTANCE OF 110.00 FEET, ACROSS SAID 1.676 ACRE
TRACT, PARALLEL TO THE EXISTING CENTERLINE OF WILCOX ROAD, TO A POINT IN THE
EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD;
THENCE NORTH 83°56' 18" EAST, A DISTANCE OF 30.00 FEET, ALONG THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF RINGS ROAD, TO AN IRON PIN SET IN THE NEW WESTERLY
RIGHT-OF-WAY LINE OF WILCOX ROAD;
THENCE SOUTH 50°46'58" EAST, A DISTANCE OF 84.44 FEET, ACROSS SAID 1.676 ACRE
TRACT, AND ALONG THE NEW WESTERLY RIGHT-OF-WAY LINE OF WILCOX ROAD, TO THE POINT
OF TRUE BEGINNING, CONTAINING 0.186 ACRE, MORE OR LESS, OF WHICH THE PRESENT ROAD
OCCUPIES 0.000 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA 0.186 ACRE IS CONTAINED WITHIN THE FRANKLIN
COUNTY AUDITOR'S PARCEL 273-005376.
ALL IRON PINS SET ARE 5/8 INCHES IN DIAMETER BY 30 INCHES LONG, TOPPED WITH A
1-1/2" DIAMETER ALUMINUM CAP STAMPED "R.D. ZANDE".
THE BEARING DATUM OF THE AFORE-DESCRIBED PARCEL IS BASED UPON THE RINGS
ROAD CENTERLINE AS BEING NORTH 83°27' 19" EAST, BETWEEN FCGS #4412 AND FCGS #4413.
THIS DESCRIPTION WAS PREPARED IN FEBRUARY, 2001 BY TIM ALLEN BAKER,
REGISTERED SURVEYOR 7818 AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN IN
DECEMBER 1999 BY R. D. ZANDE AND ASSOCIATES, INC. UNDER THE DIRECTION OF SAID
SURVEYOR.
A DRAWING OF THIS DESCRIPTION KNOWN AS EXHIBIT "B" IS ATTACHED HERETO AND
MADE PART THEREOF.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD
31629 J16, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
R. D. ZANDE AND ASSOCIATES, INC.
r ; lAa AL1,R1 2-Z -O
1 BAIQR REG ST RED SURVEYOR NO.7818 DTE,
X07818
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L v ~ 3 City of Dublin, 1?Yanklin County, Ohio
w rY ~ Virginia 11(iiitnry Survey 9004
X SCALE: 1" = 40' DATE: FEB., 2001
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9ASIS OF eE~rnNrc FS °isTEa..fea phon..• (sf,r~ ,res-,cres
a THE BEARING DATA ARE BASED UPON T~tE CENTERLINE -0F ~S~ONAI SJ
RINGS ROAD AS BEING NORTH 83'58'16 EAST, FROM AN
w ADJUSTED CLOSED TRAVERSE BETWEEN FRANKLIN COUNTY ~~i Q~lJ
a MONUMENTS FCGS 2229 AND FCGS 4412. -
m Registered Surveyor X7818 Date