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35-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank inc Form No. 30043 35-06 Passed 24 Ordinance No. AN ORDINANCE TO APPROPRIATE A 0.061 ACRE, MORE OR LESS, TEMPORARY CONSTRUCTION EASEMENT, FROM NORTH OF RIVER LOCATED WILLIAM M. CASERTA FOREST ROAD AND WEST OF DUBLIN-BELLEPOINT 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 tunnel at the intersection of River Forest Road and Dublin Road; and WHEREAS, said improvement will require the City of Dublin to obtain a temporary construction easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio. h ouncil of the Ci of Dublin State of E IT ORDAINED b t e C , NOW THEREFORE B rS' Y Ohio, of the elected members concurring that: Section 1. A temporary construction easement in and to the premises located in the City i ri tion of Dublin, Franklin County, State of Ohio, and more fully described in the legal desc p attached hereto as Exhibit "A" is hereby appropriated for the public purpose of constructing a bikepath tunnel at the tntersechon of River Forest Road and Dublin Road, pursuant to i ed ode Cha ter 163 and the Constitution of the State of Ohio. Ohio Revs C P Section 2. Council hereby fixes the value of the interests appropriated at Four Hundred Fifty Dollars and 00/100 Cents ($450.00). 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. Section 4. 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 5. There be appropriated from the Capital Improvements Tax Fund Four Hundred Fifty Dollars and 00/100 Cents ($450.00) to account 401-0314-780-2550 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 of the public health, safety and welfare. The reason for such necessity is that the prompt construction of a bikepath tunnel at the intersection of River Forest Road and Dublin Road is necessa for the protection of the citizens of Dublin. ry Therefore, this ordinance shall go into immediate effect. Passed this ~ h day of , 2006. Mayor -Presiding Officer ATTEST: I hereby certify that copies of this ~~~li~i(--- Ordinance/Resolution were posted in the Clerk of Council City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. De Clerk of Council, Dublin, Ohio Exhibit "A" Parce110-T City of Dublin, Ohio From: William M. Caserta Temporary Easement is the Name of and for the Use of The City of Dublin. Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey Number 2544 and being part of record 1.680 acre pazcel as described in Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to William M. Caserta by Instrument of Record 200407200167997 of the records of Franklin County, being a parcel of land lying on the left side of the centerline ofltight of Way of Dublin- Bellepoint Road and bounded and described as follows: Commencing for reference at a railroad spike found in the centerline of existing Right of Way ofDublin-Bellepoint Road at the intersection of said centerline with the centerline of existing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 46-47; thence North 17° 22' Ol" West a distance of 53.04 feet to a point on the existing centerline of Right of Way ofDublin-Bellepoint Road; thence South 72° 34' 42" West a distance of 39.95 feet to a point on the westerly line of said Dublin-Bellepoint Road existing Right of Way; thence North 17°.22' Ol" West a distance of 212.00 feet to a point located on the southerly property line of said Caserta property and being the Principle Point of Beginning for the parcel herein described; Thence South.72° 3T 59" West a distance of 11.00 feetto an iron pin set on the. southerly line of said Caserta property, also being the northerly property line of Shelia M. Turner as recorded in Instrument of Record 199904080088430; Thence North 17° 22' O1" West a distance of 240.00 feet to an iron pin set on the northerly line of said Caserta property; Thence North 72° 37' S8" East a distance of 11.00 feet to an iron pin set on the existing westerly Right of Way line ofDublin-Bellepoint Road; Thence South 17° 22' O1" East a distance of 240.00 feet to the Principle Point of Beginning and enclosing an area of 0.061 acres; Of the above described azea 0.061 acres is contained within Franklin County Auditor's Parce1273-000455; All iron pins set are'h-inch inside diameter by 30 inches with a cap stamped "American Consulting, Inc." and will be set after construction is completed. The bearings are based on the Ohio State Plane Coordinate System, South Zone, as established by the National Geodetic Survey, North American Datum of 1983, (1986 Adjustment) from GPS observations made from Franklin County Monument "Frank 6648" and City of Dublin Monuments "3-02" and "97-008". The above description was prepared in February 2006 by Charles P. Unteaeiner, Professional Surveyor 7814 from a field survey made by American Consulting, Ina in January 2005 under the direction of said surveyor. A drawing of the above description known as Exhibit `B" is attached hereto and made part thereof. Grantor claims title by Instrument of record in Instrument of Record 200407200167997 of the Recorder's Office, Franklin County, Ohio. American Consulting, Ino, ~ ~ ~ O F`Oy~O ~•t Chari2s ` t P' 1~ e EXHIBIT By. ~ " 3 cf s ~ Untarreiner ~ ~ Charles P. Unterreiner, P.S. 7819 Date 4 7819 *o r PROJ. N0+ COP0040133 EXHIBIT B FILE N0+ s AMERICAN CONSULTING, INC. PARCEL l0-T 2550 CORPORATE EXCHANGE DRIVE 0.06/ ACRES oRAwN BY+ fJA SUITE 300 TEMP. EASEMENT COLUMBUS, OHIO 4323/ Architects (61~i1901-2235 fAX~ (6!4190!-2236 Consultants DUBLIN, OHIO' CHKD BY+ CPU Englnee~s N 72° 37' 5 j II.DO' o I ~ a IRON PIN FOUND I ~ O IRON PIN SET i ® a i I -Q- - RR SPIKE FOUND WILLIAM A~ CASERTA o a o I LP. SET ARE 3/yu I.D. I I INST. X200407200/67997 0 o W ~ IRON P/N 30" LONG WITH P1D 273-000455 ~ ~ J i (CAP INSCRIBED AMERICAN y 1.680 AC. N N W I CONSULTING, INC. m I 3 ~izi ` ~ O o~ o m l I Z NW~N ~ ~ ~ 0' LA ED E E N t~ ~ I =m DB 2789, PG ( + i~ l a vi i I I I o ~ I o~ I P.O.B. I I I ~ i S 72° 37' 59" o ~ I ~ I I //.00' N AO 20' ELECTRICAL EASEMENT N i OR 29105, PG Fl7 ~ 30' SAKI ARY EASEMEN QB l0' WATERLINE EASEMENT 3 I DB 3756, PG 32 DB 356/, PG 832 ~ ~3~ I I o I I ~~N I~ I O SHELIA M. TURNER ti,~N ~ d-+ I Z RIVER FOREST ~ ~ I o I RESIDENTIAL C I ~ ~ zQ I LOT #7 a i ~ ~ I( ~ W INST #1999404080088430 P10 273-000456 W) 1.734 AC. 3 I I ©q ~ Ex. R/W --f~ , i o ~ ~ RIVER FOREST RD. ----1-~ ~ PB 28, PGS 46-47 M I ~ N ' BASIS OF BEARING+ BEARINGS ARE BASED ON THE OH10 STATE scaLE: r.= ao' PLANE COORDIANTE SYSTEM, SOUTH ZONE, NAD B3 (B6 ADJUSTMENTI o ao 80 ~ 160 I HEREBY CERTIFY THAT •°~••~w... THE FOREGOING DRAWING REPRESENTS THE ""~~EOF RESULTS OF AN ACTUAL FIELD SURVEY OF THE .••°'~,'~p~---~°~'Si PREMISES PERFORMED UNDER MY RESPONSIBLE ~'A~ O SUPERVISION AND THAT THE SAID DRAWING IS ChaArlas :y CORRECT TO THE BEST OF MY KNOWLEDGE y~ ~ ~ n78i9neQr ~ s . AND BELIEF. ~y. sURVEYO~''`~~j, CHARLES P. UNTERREINER, P.S. N0. 78/9 DATE " AMERICAN CONSULTING, INC. .SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN AND BEING IN VIRGINIA MILITARY SURVEY NUMBER 2544 CITY OF DUBLIN DUBLIN RD./RIVER FOREST RD. PREPARED BY THE CITY OF DUBLIN, B 1 KEPATH TUNNEL DIVISION OF ENGINEERING WILLIAM M. CASERTA 5800Shier-Rini Road Dublin, Ohio 43016-1136 Phone (614)410-4600 ~Faa(614)761.6506 ~ ~ _ ~ i 'y . ~ ~aJ..... wipF ' ~ 0.061 ACRES ~ ~ TEMP. EASM . EL i ~ llp ~ ~ ~ K i ~ ~ ~ ~ ' ~ ~ #81 t ~r ~ ~ r ~r 1 ~ 4, ~ ~ w E : ~ ~ 7 ~ _ ~ ~ o .ter #51 ~ - ~ o. 7~ I 4r ~ *r n d' - { IV 200 # sy - ~ 200 ; ro _ ~ - ~ ~ ~ . PROPOSED ~ ~ j~ ~ ~ ~ BIKEPA ~ ~ fr~r DRAWN CHECKED DATE: JOB N0. JLR 05/11 /06 04008CIP