36-06 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No.300d3
Ordinance No. 36-~~ Passed , 20
AN ORDINANCE TO APPROPRIATE A 0.007 ACRE, MORE OR LESS,
FEE SIMPLE INTEREST, AND A 0.055 ACRE, MORE OR LESS,
TEMPORARY CONSTRUCTION EASEMENT, FROM SHEILA M.
TURNER, LOCATED NORTH OF RIVER 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 fee simple
interest and 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.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, ~ of the elected members concumng 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 constructing a bikepath tunnel at the intersection of
River Forest Road and Dublin Road, pursuant to Ohio Revised Code Chapter 163 and the
Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interest appropriated at One Thousand
Two Hundred Seventy Five Dollars and 00/100 Cents ($1,275.00).
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.
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 One
Thousand Two Hundred Seventy Five Dollars and 00/100 Cents ($1,275.00) 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 necessary for the protection of the citizens of Dublin.
Therefore, this orLd/finance shall go into immediate effect.
Passed this 7 day of 2006.
. .
Mayor -Presiding Officer
ATTEST:
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
Clerk of Council 731.25 of the Ohio Revised Code.
De y Clerk of Council, Dublin, Ohio
Exhibit "A"
Parcel 8-WD
City of Dublin, Ohio
]From: Shelia M. Turner
All Right, Title, and Interest in Fee Simple is the Following
Described Property without Limitation of Ezisting Access
Rights in 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 1.734 acre parcel as described in
Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instrument
of Record 199904080088430 of the records of Franklin County, being a parcel of land
lying on the left side of the centerline of Right 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 of Dublin-Bellepoint Road at the intersection of said centerline with the centerline
of exisfing Right of Way of River Forest Road as recorded in Plat Book 28, Pages 467;
thence North 17° 22' O 1" 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 and being the Principle Point of Beginning for the pazcel herein
described;
Thence South 17° 22' O 1"East along the westerly Right of Way line of Dublin-Bellepoint .
Road a distance of 8.00 feet to an iron pin set;
Thence with a curve to the right, along said Right of Way line with an arc length of 31.42
feet, with a radius of 20.00 feet, with a chord bearing of South 27° 37' S9" West, with a
tangent of 20.00 feet, and a chord length of 28.28 feet to an iron pin set;
Thence South 72° 37' S9" West a distance of 8.00 feet to an iron pin set;
Thence crossing through said Tumer property North 27° 37' S9" East a distance of 39.60
feet to the Principle Point of Beginning and enclosing an area of 0.007 acres; .
Of the above described area 0.007 acres is contained within Franklin County Auditor's
Pazce1273-000456;
All iron pins set are'/.-inch inside diameter by 30 inches with a cap stamped "American
Consulting, Inc." and will be set after construction is completed.
The bearings aze based on the Ohio State Ptane 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. Unterreiner,
Professional Surveyor 7819 from a field survey made by American Consulting, Inc. 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 Instnunent of Record 199904080088430
of the Recorder's Office, Franklin County, Ohio
American Consulting, Inc. , ~
~~~-(E O1; O'yi~
By. 1
c~2~`~ 3 ~ 3~d ~ ~ Charles'.
Charles P. Unterreiner, P.S. 7819 Date ~4- Unt'rr'~nvr
:.9 7c19 ~
EXHIBIT
PROD. N0+ C020010133
. EXHIBIT B
PARCEL 8-WD
FILE N0+ 6 AMERICAN CONSULTING, INC.
2550 CORPORATE EXCHANGE DRIVE 0.007 ACRES
SUITE 300
DRAWN BY+ fJA COLUMBUS, OHIO 43231 RIGHT OF WAY
Architects (6141901-2235 fAX+ (6141901-2235
Consultants DUBLIN, "OHIO
CNKD BY+ CPU EnJineefS
SCALE: I' = 40'
• ~ - IRON PIN FOUND
0 20 4o ao p -IRON PIN SET
® ~ - RR SPIKE FOUND
SHELIA M. TURNER I.P. SET ARE 3/" I.D.
RIVER FOREST RESIDENTIAL ~ IRON PIN 30" LONG WITH
LOT #7 CAP INSCRIBED AMERICAN
INST. #/ggg404080088430 CONSULTING, INC.
PID 273-000456 ~
/.734 AC. ~
o S /7° 22' 0/" E, 8.00' ~ ~ 1 I I
2~ CH = S 27° 37' S9" W, CH L - 28.28' W W ~ I I
R - 20.00', ARC L - 3/.42', T - 20.00' ~ P.0.8. i I I
S 72° 37' S9" W, 8.00' N S 72° 34' 2" I I
®N 27° 37' S9" E, 39.60' ~ 39.95' I I
° O
LP.S• ~ N /7 I22 I O
I.P.S. ~ 2 53.04'
- - Ex. R/W LP.S. i 1
~ RIVER FOREST RD. 3 ~ I I I
P8 28, PGS 46-47--i-_--
R.S.F~ I I I
Ex. R/W i I I
3
lO' x l0' TELE. ~ ~ I ~ I
EASEMENT , s i ~
DB 3763, PG 432 ~o i I W I
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DAVIDOBLOOM ~ ~ I I
RIVER FOREST ~ - - -
RESI DENTI AL
LOT #87 BASIS OF BEARING+
INST. #200402/2003!509 BEARINGS ARE BASED ON THE OHIO STATE
PID 273-000538 PLANE COORDIANTE SYSTEM, SOUTH ZONE,
l.6/0 AC. NAD B3 (86 ADJUSTMENT)
, ~ I HEREBY CERTIFY THAT=
,..••`~P'C~~~FO,S,"`••; THE FOREGOING DRAWING REPRESENTS THE
RESULTS OF ~4N ACTUAL FIELD SURVEY OF THE
~'f~Ch~rles~~`•~ PREMISES PERFORMED UNDER MY RESPONSIBLE
P. SUPERVISION AND THAT THE SAID DRAWING !S
~ ; Unfnrr~ia2r ' ~ ~ CORRECT TO THE BEST OF MY KNOWLEDGE
' 7819 0' AND BELIEF.
RVEY
CHARLES P. UNTERREINER, P.S. N0. 78/9 DATE
AMERICAN CONSULTING, INC.
SITUATED IN THE STATE OF OH10, COUNTY OF FRANKLIN, CITY
OF DUBLIN AND B-SING IN VIRGINIA MILITARY SURVEY
NUMBER 2544
Exhibit "A"
Parcel 8-T
City of Dublin, Ohio
From: Sheba M. Turner
Temporary Easement in 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 1.734 acre pazcel as described in
Plat Book 28, Pages 46 and 47, Lot 87 and conveyed to Shelia M. Turner by Instniment
of Record 199904080088430 of the records of Franklin County, being a parcel of land
lying on the left side of the centerline of Right 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 of Dublin-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 South 17° 25' OI" East a distance of 53.04 feet to a point on the existing centerline
of Right of Way of Dublin-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 and being the Principle Point of Beginning for the parcel herein described;
Thence South 27° 37' S8" West a distance of 15.56 feet to a point;
Thence North 17° 22' Ol" West a distance of 223.00 feet to a point set on the northerly
line of said Turner property, also being the southerly property line of William M. Caserta
as recorded in Instrument of Record 200407200167997;
Thence North 72° 37' S9" East a distance of 11.00 feet to a point on the westerly Right of
Way line ofDublin-Bellepoint Road;
Thence South 17° 22' O1" East a distance of 212.00 feet to the Principle Point of
Beginning and enclosing an area of 0.055 acres;
Of the above described area 0.055 acres is contained within Franklin County Auditor's
Parce1273-000456;
All iron pins set are'/,-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. Unterreiner,
Professional Surveyor 7819 from a field survey made by American Consulting, Inc. 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 199904080088430
of the Recorder's Office, Franklin County, Ohio.
American Consulting, Inc. `""°•w. ,
By: j 3 -3-06 ~~P~~ of o,~'o
Charles P. Unterreiner, P.S. 7819 Date ~
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P.
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EXHIBIT `S'C~r,,~~~,i~ `
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CITY OF DUBLIN DUBLIN RD./RIVER FOREST RD.
PREPARED BY THE CITY OF DUBLIN, BIKEPATH TUNNEL
DIVISION OF ENGINEERING
5800 Shier-Rings Road.nl>bi;a Ohia 43016-1136 S H E L IA M. TU RN E R
Phone (614)410.4600 ~Faa(614)761~506
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DRAWN CHECKED DATE: JOB N0.
JLR 05/11 /06 04008CIP