130-88 Ordinance
. 4 RECORD OF ORDINANCES
National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance No. ___ __l}()__~~n__n _ P assedmm_nu_ ___m_mnn m____mm_ __n19 m__ -
AN ORDINANCE APPROPRIATING A
TEMPORARY RIGHT-OF-WAY EASEMENT
ON PROPERTY LOCATED AT 63 SOUTH
RIVERVIEW STREET, AND DECLARING
AN EMERGENCY
WHEREAS, the City of Dublin is undertaking the installation of a new storm
sewer on or near Riverview Street; and,
WHEREAS, a temporary easement is required on the property located at 63
South Riverview Street for the construction of said improvements; and,
WHEREAS, said temporary easement will also benefit residents of South
Riverview Street; and,
WHEREAS, prompt acquisition of this temporary easement and completion of sai
improvements is vital to the health, safety and welfare of the residents of
the City of Dublin.
NOW, THEREFORE, BE IT ORDAINED by Council for the City of Dublin, State of
Ohio, 6 of the elected members concurring that:
Section 1. A temporary construction easement on the following described
parcel of real estate be, and the same here is, hereby appropriated for the
public purpose of constructing a storm water drainage system, pursuant to
and in accordance with, Chapter 163 of the Ohio Revised Code and the
Constitution of the State of Ohio, to wit the property described in Exhibit
"A" attached hereto and incorporated herein.
Section 2. The Council for the City of Dublin hereby fixes the value of
said temporary construction easement at two hundred fifty dollars ($250.00).
Section 3. The sum of two hundred fifty dollars ($250.00) being the amount
set forth in paragraph 2 herein be deposited with the Court of Common Pleas,
Franklin County, Ohio, for the use and benefit of the owner of the property
temporarily appropriated and upon such deposit with the Court the City of
Dublin shall enter upon such property pursuant to and in accordance with
Chapter 163 of the Ohio Revised Code of the Constitution of the State of
Ohio.
Section 4. The Council of the City of Dublin, finds that the appropriation
of the property made herein, is necessary for said public purpose; that the
~ ~ ~ City of Dublin has been unable to agree with the owner of the property
C ~ appropriated herein and that the City of Dublin intends to obtain immediate
~ ~ ~ possession of the above described property, which immediate possession is
~oo (\) 0 necessary for said public purpose.
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~M 0 Section 5. The City Law Director be, and is hereby, authorized and directed
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] .:~ to file a petition in said Court to have a jury impaneled to make inquiry
_- -,g c:: into and assess the compensation to be paid for the use of the real estate
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i ~; described herein.
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~ J 'coo Section 6. This Ordinance is declared to be an emergency necessary for the
~ '8 2f~ immediate preservation of the public health, safety and welfare for the
~ ::; ~~ M reason that said appropriation is necessary to enable the City of Dublin to
~ ~ = , improve the storm water drainage system on South Riverview Street and that
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~ ~ ~ this Ordinance shall take effect and be enforced immediately on passage.
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~ Clerk of Council, Dublin, Ohio
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. EXHIBIT "A"
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PARKER EBERLY
Description for temporary right-of-way agreement for
purposes of construction of drainage improvements.
Situated i n the State of Ohio, County of Franklin. C it Y of
Dub 1 in. i n Virginia Military Survey No. 2542. being a portion of
I n lot No. 103 i n Plat of Dub Ii n of record i n Plat Book 3. Page
199. also being a portion of that tract of land deeded to Parker
and Irene Eberly by Deed of Record i n Deed Book 3263. Page 628,
all reference to records i n the Recorder's Office, Franklin
County. Ohio and more particularly bounded and descr i bed as
follows;
Begninning at a point on the southwest corner of said In lot
No. 103. said point being on the east right-of-way 1 i ne of the
fir s t north-south all e y east of High Street (26 feet i n wid t h) .
also being on the north right-of-way 1 i ne of the first east-wec;t
alley north of South Street ( 165 feet in width).
Thence northerly along the east right-of-way of said north-
south alley a distance of 66 feet to a point;
Thence easterly along the southerly property 1 i ne of I n lot
No. 104 of said Plat of Dublin a distance of 10 feet to a point;
Thence southerly and parallel to the east right-of-way 1 i ne
of said north-south alley a distance of 66 feet to a point;
Thence westerly along the northerly right-of-way I in e of
said east-west all e y a distance of 1 0 feet to the place of
beginning containing 0.015 acres of land. more or less.
This description was prepared from existing records by C i vi 1
Engineering Associates. Inc.
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December 7, 1988
STEPHEN J. SMITH
DONALD BRECKENRIDGE 5354 CEMETERY ROAD
OF COUNSEL: P.O. BOX 7
MITCHEll H BANCHEFSKY HilLIARD, OHIO 43026-0007
(614) 876-1229
Frances Urban
Clerk of Council
city of Dublin
6665 Coffman Road
Dublin, OH 43017
Re: Appropriation Ordinance (South Riverview Street)
Dear Frances:
Enclosed please find the Appropriation Ordinance for the above
referenced property. Please have the Ordinance placed on the
next available Council agenda.
Once this Ordinance is passed by council, the statute mandates
that notice thereof be given to the owner of or the person in
possession of the subject property. As such I would ask that
following approval by Council you have a copy of this Ordinance
forwarded to Mr. Parker Eberle at the 63 South Riverview Street
address.
Please don't hesitate to contact me if you have any questions
regarding this matter.
sincerely,
~/f
Mitchell H Banchefsky
MHB: 1 s
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