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11-97 Resolution RECORD OF RESOLUTIONS Dayton legal Blank Ca.. Farm No. 30045 11-97 Resolution No. Passed nmnn19n A RESOLUTION TO APPROPRIATE A 0.006 ACRE FEE SIMPLE INTEREST AND A 0.025 ACRE TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY OWNED BY TIMOTHY J. WHALEN, LOCATED ON THE WEST SIDE OF AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to improve the Shier- Rings Road and Avery 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. NOW, THEREFORE, BE IT RESOL~ the Council, of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of improving the Shier-Rings Road and Avery Road intersection, a fee simple interest and a temporary construction easement in and to the premises located in the City of Dublin, Franklin County, Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A" and "B". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Se-,=tion 3. This Resolution shall take effect and be in force from and after the earliest date permitted by law. ~ , 1997. ATTEST: ~C (I~ Clerk of Council ., . f this (Ud'RlIAEe/Resolution were posted in the I h ' hv ,c,.! ('r \lilt (Oples 0 . . d C d e,n .'... d 't\t Section 731.25 of the otuo ReVise 0 e. City of Oubhl tn accor ont8 WI As<>nl~~' Ohio Exhibit A-Parcel 3WD City of Dublin-A very/Shier-Rings Road Improvement Timothy J. Whalen OR 17628 G11 Description of Additional Right of Way for A very Road Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military Survey 3004 and being 0.006 acre out ofa 0.437 acre parcel conveyed to Timothy J. Whalen, as recorded in OR 17628 G 11 in the Franklin County Recorder's Office, and being more particularly described as follows: Commencing at a centerline monument marking the intersection of the centerline of old A very Road with the centerline of Shier-Rings Road, said point being 2.13 feet right of Station 20+00.28 in the centerline of survey of an improvement to said A very Road, as delineated on the Centerline Plat for said improvement, of record in Franklin County; thence South 83 degrees 40 minutes 38 seconds West, leaving said point, a distance of 2.14 feet to the point at which the new centerline of A very Road intersects the centerline of Shier-Rings Road; thence South 01 degree 16 minutes 46 seconds West, with the centerline of said Avery Road, a distance of 97.99 feet to the point of curvature of a tangent curve to the left; thence 542.53 feet with said curve having a radius of 5800.00 feet, a central angle of 5 degrees 21 minutes 34 seconds, anJ a chord bearing South 01 degrees 24 minutes 01 seconds East a distance of 542.33 feet to a point in the centerline of old Avery Road, the northwesterly comer ofa 0.461 acre tract conveyed to the City of Dublin by deed of record in OR 17628 F14 of the records of Franklin County; thence South 86 degrees 49 minutes 24 seconds West, a distance of 55.86 feet to the TRUE POINT OF BEGINNING at the Grantor's northeasterly property comer in the westerly right of way line of A very Road; thence South 02 degrees 14 minutes 12 seconds East, with said right of way line and the Grantor's easterly line, a distance of27.57 feet to an iron pin set; thence South 85 degrees 43 minutes 04 seconds West, leaving said property line with the new westerly Right of Way line of A very Road, a distance of 8.21 feet to an iron pin set; thence North 04 degrees 05 minutes 27 seconds West, continuing with said Right of Way line, a distance of27.92 feet to an iron pin set; thence North 88 degrees 00 minutes 11 seconds East, a distance of 9.11 feet to the TRUE POINT OF BEGTh'NING ofthe said described tract, containing 0.006 acre, more or less. The above described acreage is contained in Auditor's Parcel 274-000140. Stations and offsets used in this description are referenced to the proposed centerline of Avery Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings Roads prepared by URSGreiner, and of record in Franklin County. Bearings used in this description are based on an actual field su~v.~y ~i.ilizing Franklin County Monuments Nos. FCGS 5536 and FCGS 7752 by URSGreiner in June 1996. This description was prepared for URSGreiner by Roger M. Smith, P .S. 6899 from existing records and..~~~d survey. ,'--:\ ~ OF 0 ... .I.."~ .......... ~/:~'\ I c., ..' ". 0 \. . e ~ i ROriER M. .. ~ c: v' 'TH · .. · S..-,; · .." /2 tf!JL r7- ... -. .: : . ~ : : :.. r:-_:"-~~ '>> :: ~ eo u-... .iiJ :t> 0'" : Date -:. 0 ~..... ~~.. I , '. ~.t...!,,:?-(.,,~.<o,.:, --co" ("\tfJ:: ~~::,",lol.r.&"'_~, .... "'" v (.I '':.J' . .-...( '-" '.,~" "';'$ .1, '.i '.:' . ,...t'''' ''';'H~.dOI ' EXHIBI T A PARCEL 3WD N ~ -0- ~ SCALE: 1" = 30' r0 ~ 0 J>-r'1 <0 ("T10 ;oz -<tf) ;0-1 0;0 J>c 00 :::! DANIEL ALAN TREES 0 14 00 z & SU SAN L. LAWTON NSS'OO'11 "E TRUE POINT 9.11 ' OF BEGINNING 0.006 ACRE NET TAKE p.C.::::13+39.00 N04'05'27"W 27.92' TIMOTHY J. WHALEN 274-000140 13 00 ~ Vi OR 17628 G11 ,.... ...J (/J rl a.. >< 0 :;:0 v Vi ~ ,.... ...J .,'u..~.. If) ",,1~ OF O.~.'" v 00 ~~A..~ .o"~""-" ,(./.I.:......~ 0 I c, .' '. 0 ,< r--- .. -. "?-. Ol ....... . R~"".:n '"~ .. i · i..' :.... .'" ft r. . · ~ N : C}~--:~.;TH ~ :. "- v : .. : -.:,., ~ : -!t ; 0 . . . . ~. ~c'.-r:~ . ~ <.:) .. e. ~ -.~.......' ,(', __ ~ ~ ~ ... .t""''l:,.~.....f'.<"~-~~. I 0 ~ .,....1...,_ ',"i' ~ ..... ci 4"""" s- '-:"""'()~..-.~~ 'J."r't 0 ..~ U,(c;'./""'" ,." '/'1 " ..~ ..t ,.... "J~~;';1~",r,c. <: ...J a.. ./ ~J11~ (/J ,.... W w I (/J g Bearings used in this description are based on ~ an actual field survey utilizing Franklin County GER M. SMITH ~ Monuments Nos. FCGS 5536 and FCGS 7752 by OHIO REGISTERED SURVEYOR ...J URSGreiner in June 1996. S-6899 Cl <Xl u PROJECT AVERY ROAD / SHIER-RINGS INTERSECTION JOB NO. 9081800 I SUBJECT WHALEN 3WD PLAT DATE 12 APR 97 URS Greiner ,.... ~ BY CMS CHECKED RMS SHEET NO. 1 OF 1 ARCHITECTS' ENGINEERS' PLANNERS (/J ---" - Exhibit B-Parcel 3T City of Dublin-Avery/Shier-Rings Road Improvement Timothy 1. Whalen OR 17628Gll Description of Temporary Easement for Grading Purposes Situated in the State of Ohio, County of Franklin, City of Dublin and part of Virginia Military Survey 3004 and being 0.025 acre out of a 0.437 acre parcel conveyed to Timothy 1. Whalen, as recorded in OR 17628 G 11 in the Franklin County Recorder's Office, and being more particularly described as follows: Commencing at a point being the Grantor's northeasterly comer in the westerly right of way line of Avery Road, said point being 55.84 feet left of, and radially from Station 13+60.35 in the centerline of survey of an improvement to said A very Road, as delineated on the Centerline Plat for said improvement, of record in Franklin County; thence leaving said point, with the Grantor's easterly property line, South 02 degrees 14 minutes 12 seconds East, a distance of27.57 feet to an iron pin set at the TRUE POINT OF BEGINNING; thence continuing along said line, South 02 degrees 14 minutes 12 seconds East a distance of 63.04 feet to a point; thence leaving said line with the westerly line of the tract described herein, North 40 degrees 26 minutes 32 seconds West, a distance of 18.58 feet to a point; thence North 07 degrees 08 minutes 41 seconds West, a distance of 40.05 feet to a point; thence North 21 degrees 54 minutes 17 seconds West, a distance of 26.39 feet to a point; thence North 15 degrees 30 minutes 21 seconds East, a distance of 11.91 feet to a point in the Grantor's northerly line; thence with said northerly line, North 88 degrees 00 minutes 11 seconds East, a distance of 11.06 feet to an iron pin set in the new westerly Right of Way line of Avery Road; thence with said line, South 04 degrees 05 minutes 27 seconds East, a distance of27.92 feet to an iron pin set; thence North 85 degrees 43 minutes 04 seconds East, a distance of 8.21 feet to theTRUE POINT OF BEGINNING, said described tract containing 0.025 acre, more or less. The above described acreage is contained in Auditor's Parcel 274-000140. Stations and offsets used in this description are referenced to the proposed centerline of Avery Road as appears on the Centerline Plat For the improvement of Avery and Shier-Rings Roads prepared by URSGreiner, and of record in Franklin County. Bearings used in this description are based on an actual field survey utilizing Franklin County Monuments Nos. FCGS 5536 and FCGS 7752 by URSGreiner in June 1996. This description was prepared for URSGreiner by Roger M. Smith, P.S. 6899 from existing records and actual field surv~y:... ,.~. 7'1T_ ,.s",",~ ' '" Ih ~ /t A-1'1l. "':;- .... OF ~ ' : ..", ~ 'C. 0 ~-~ ......"" .0...... ~.I': ~ ./" .... ". 0 ~. . ~ : r.n~cR M o. .. . . ~. ,.' "-' .. . I . ,.,; ~.. · Date '* : ~:."'" ':1 : . \:' r 1 ! ;:,;;. -"_:1: . _ ._ " t ,..o::-;~" .:","~ ,," - o_....~'~:. ~..."7t\ .~~ W. \.,'( .;.,... .-.! ...~\ .,'" f:~....r'";. ##..- '..... .,........... """.4"". "~'I... "~"""..;~-' .. EXHIBIT B PARCEL 3T N ~ -0- ~ ("11 x SCALE: 1" = 30' AJ r0 :E 0 J>'" <0 ("110 \ :::02 -<CJ) AJ-I 0:::0 J>C 00 ::j DANIEL ALAN TREES 0 & SUSAN L. LAWTON '\4 00 2 \ N88'00'11 "E 11,06' 504'05'27"E 27.92" N15'30'21 "E 11.91' P .C.='\ 3+ 39.00 TRUE POINT OF BEGINNING N85'43'04"E 8.21 ' \ TIMOTHY J. WHALEN ~ 274-000140 '\ 3+00 OR 17628 G11 ~ Vi I- -.J Vl 0.. ~ Vi "S'lv..a,,.,, I- -.J ,t" OF .~;. ...,'" :\ ~ C.l' ...... IX) "'''A.. ~ .0....0-., ~i'/ ~....... "'l ("11 Ie,." .00 '. a " Ci X ... " .. l''t ~ : ROSER~. \ '\ l"- f- I: S~ITH ~ CYI z :::0 ...... I~ : * : 0 N .::::.. EMPIRE FOOD BROKER w :E \ \ ~ ~l v \~ 0 . ~ ~~ . OF OHIO INC. w , -0. e~\~ ... e.:> ~ 8UR~E:(O~ ~ 0 ~'l#Itfn."''''~ 0 I- < -.J 0.. /" Vl I- W W I Vl '8 Bearings used in this description are based on ~ an actual field survey utilizing Franklin County GER M. SMITH ~ Monuments Nos. FCGS 5536 and FCGS 7752 by OHIO REGISTERED SURVEYOR -.J URSGreiner in June 1996. S-6899 0 IX) u PROJECT AVERY ROAD / SHIER-RINGS INTERSECTION JOB NO. 9081800 SUBJECT WHALEN 3T PLAT DATE 12 APR 97 URS Greiner I I- ::::;; BY CMS CHECKED RMS SHEET NO 1 OF 1 ARCHITECTS . ENGINEERS' PLANNERS Vl I