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079-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. ml?-:.~~~____ Passed mm ____ ___mmm~_ . n___ m19_ ,~ 4 AN ORDINANCE APPROPRIATING FEE .: :s SIMPLE INTERESTS, TEMPORARY .~ "CJ CONSTRUCTION EASEMENTS AND CD 'S; PERMANENT SEWER EASEMENTS IN A ~ 42.439 ACRE TRACT CONVEYED TO : .~ OHIO HOLDING COMPANY BE DEED ~ ~ OF RECORD IN FRANKLIN COUNTY, OFFICIAL RECORD 14447H03, AND . DECLARING AN EMERGENCY ~ t i' r ; ~ WHEREAS, the City of Dublin is preparing to complete a final section of C ~ Muirfie1d Drive; and, .- IV> .' ~:: ~ .~ WHEREAS, said improvement will require the City obtaining fee simple r, g ownership, temporary construction easements and permanent sewer easements '~~ in and to the premises as described in attached Exhibits OHC-1, OHC-2, b ~ OHC-3, OHC-4, and OHC-5, Washington Township, Franklin County, Ohio; and, -= = if~ NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Dublin, ~ ~ State of Ohio, 7 of the elected members concurring that: >,0 - ..c _ Q) 0 ,j .i!:' Section 1. Fee simple interest, temporary construction easements and -- ~ permanent sewer easements in and to the premises located in the City of Dublin, Washington Township, Franklin County, Ohio and more fully described ~ in the legal descriptions attached hereto as Exhibits OHC-1, OHC-2, OHC-3, .(..l ~ OHC-4, and OHC-5, are hereby appropriated for the public purpose of .~ 1 completing the final section of Muirfie1d Drive, pursuant to Ohio Revised ~ Code Chapter 163 and the Constitution of the State of Ohio. -:.. ~ 01 ~ Section 2. Council hereby affixes the value of the interests appropriated J~' ; at Ninety-Four Thousand Eight Hundred Eighty Dollars ($94,880.00), which , ~I\ 0 sum shall be deposited with the Franklin County Common Pleas Court, for ...... ~ . ~ the use and benefit of the owners of the property appropriated. Upon such ~ c: deposit, the City of Dublin shall take possession of and enter upon the _ r:: . '~~ property pursuant to law. uc5 = ~ ,~ Section 3. Council finds that the appropriation is necessary for the ; -~ stated purpose, that Council has been unable to agree with the owners of ~ _ said property and that the City intends to obtain immediate possession _ ~ of the property. ~ I 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 · S .~ empaneled to assess the compensation to be paid for the real estate I ~ .];. . ..~ herein described above. c ","I ' ~~ ~ _' Section 5. The funds related thereto have been previously appropriated ~ ~ 0 : within the CAPITAL IMPROVEMENT TAX FUND, for the purpose of paying all the CU>->o _ E ~ ~ ~ costs incident to such acquisition. -_. . ..l 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 completion of the Muirfie1d Drive extension will serve as one of several major components which will a11eviat the serious traffic circulation problem experienced by the City. There- fore, this Ordinance shall go into immediate effect. Passed this 4th day of September, 1990. ~ Officer ~ 't2J. ~ ~ LA' Attest: ~L{) .~ 1erk of Counci - ExHIBIt DHt-l .r RECEIVED OHIO HOLDING COMPANY JUL 1 3 1990 1-WD (PERMANENT RIGHT-OF-WAY) ENGII'4 .......1\ II'JG t1U I LDI NG 2.372 ACRE PARCEL DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 3010 and being 2.372 acres of that 42.439 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447H03, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 2.372 acres being more particularly bounded and described as follows: Beginning at the point in the southerly line of said 42.439 acre tract marking the existing easterly right-of-way line of "Muirfield Drive" as shown upon the plat entitled "Indian Run Meadows Section 5", of record in Plat Book 5, Pages 65-67i thence South 720 29' 40" West, along said southerly line, a distance of 114.09 feet to the point marking the existing westerly right-of-way line of Muirfield Drive; . thence leaving said southerly line, across said 42.439 acre tract, the following courses and distances: North 90 01' 09" East, a distance of 127.55 feet to a pointi North 110 15 ' 56" East, a distance of 679.65 feet to a point of curvature to the left; and North 80 36' 37" East, along the arc of said curve (Radius = 1500.00 feet, Delta = 50 18' 39"), a chord distance of 138.98 feet to a point in a northerly line of said 42.439 acre tract thence North 760 01' 08" East, along said northerly line, a distance of 116.49 feet to a point in the arc of a curve to the right; thence leaving said northerly line, across said 42.439 acre tract, the following courses and distances: South 70 54' 1 2" West, along the arc of said curve to the right (Radius = 1610.00 feet, Delta = 60 43' 28"), a chord distance of 188.85 feet to the point of tangencYi South 110 15 ' 56" West, a distance of 679.65 feet to a pointi and South 150 12' 16" West, a distance of 72.71 feet to the point of beginning and containing 2.372 acres, more or less. - we OHIO HOLDING COMPANY 1-WD (PERMANENT RIGHT-Of-WAY) 2.372 ACRE PARCEL CONTINUED Subject, however, to all legal rights-of-way and/or ease- ments, if any, of previous record. The bearings in the above description are based upon the southerly line of said 42.439 tract as being South 720 291 40" West. 1-T (TEMPORARY CONSTRUCTION EASEMENt) Being a strip of land, 20 feet in width, said strip being parallel to and contiguous with the westerly side of the above described permanent right-of-way parcel and containing 0.438 acres, more or less. . 1-T-1 (TEMPORARY CONSTRUCTION EASEMENT) Being a strip of land, 20 feet in width, sa i d strip being parallel to and contiguous with the easterly side of the above described permanent right-of-way parcel and containing 0.433 acres, more or less. EXHIB/J OHC-2 . .. -- ..... --,. " ........, JUL 1 3 1990 OHIO HOLDING COMPANY ENGII\ - . ''-- c..V ,--vd\JG 1-T-5 (TEMPORARY CONSTRUCTION EASEMENT) DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 3010 and being a strip of land 30 feet in width across a portion of that 42.439 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447H03, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said strip being more particularly bounded and described as follows: Beginning for reference at a point in the southerly line of said 42.439 acre tract marking the existing westerly right-of-way line of "Murfield Drive", as shown upon the plat entitled ~.'Indian Run ~leadows Section 5", of record in Plat Book 5, Pages 65-67~ thence leaving said southerly line, across said 42.439 acre tract, and along the proposed westerly right-of-way line of Murfield Drive, the following courses and distances: North 90 01 ' 09" East, a distance of 127.55 feet to a point; AND North 110 15 ' 56" East, a distance of 602.55 feet to a point; thence, leaving the proposed westerly right-of-way line of Murfield Drive, across said 42.439 acre tract, the following courses and distances: North 780 44' 04" West, a distance of 20.00 feet to a point; North 110 15' 56" East, a distance of .4.11 feet to a point; AND being the true place of beginning for the following described strip; thence, continuing across said Ohio Holding Company tract, the following courses and distances: South 860 15' 56" West, a distance of 95.98 feet to a point; North 30 44' 04" West, a distance of 30.00 feet to a point; North 860 15' 56" East, a distance of 104.02 feet to a point; AND South 11015' 56" West, a distance of 31.06 feet to the true place of beginning and containing 0.069 acres, more or less. , OHIO HOLDING COMPANY 1-T-6 (TEMPORARY CONSTRUCTION EASEMENT) Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. ~010 and being a strip of land 30 feet in width across a portion of that 42.439 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447H03, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said strip being more particularly bounded and described as follows: Beginning for reference at a point in the southerly line of said 42.439 acre tract marking the existing easterly right-of- way line of "Muirfield Drive", as shown upon the plat entitled "Indian Run Meadows Section 5", of record in Plat Book 5, Pages 65-67; thence, leaving said southerly line, across said 42.439 acre tract, and along the proposed easterly right-of-way line of Muirfield Drive, the following courses and distances: North 150 121 16" East, a distance of 72.71 feet to a point; North 110 15' 56" East, a distance of 632.03 feet to a point; thence, leaving the proposed easterly right-of-way line of Muirfield Drive, across said Ohio Holding Company tract, the following courses and distances: > South 780 441 04" East, a distance of 20.00 feet to a point; AND North 11 0 15' 56" East, a distance of 14.83 feet to a point and being the true--pIace of beginning for the following described strip; thence, continuing across said 42.439 acre tract, the following courses and distances: North 110 151 56" East, a distance of 31.06 feet to a point; North 860 15' 56" Easti, a distance of 95.98 feet to a point; 1 South 30 441 04" East, a distance of 30.00 feet to a point; AND South 860 15' 56" West, a distance of 104:02 feet to the true place of beginning and containing 0.069 acres, more or less. *************************************** R~{~tl"LU - EXH 1/3/T OHc'-4 . JUL 1 3 BL;~': G b LJ H_V 11'< l:1 OHIO HOLDING COMPANY '::.1'.. ,- \1 OHIO 1-S (PERMANENT STORM SEWER EASEMENT) L Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 3010 and being a strip of land 20 feet in width across a portion of that 42.439 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447H03, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said strip being more particularly bounded and described as follows: Beginning for reference at a point in the southerly line of said 42.439 acre tract marking the existing westerly right-of-way line of "Murfield Drive", as shown upon the plat entitled ~.'Indian Run Meadows Section 511, of record in Plat Book 5, Pages 65-67; thence leaving said southerly line across said 42.439 acre tract, and along the proposed westerly right-of-way line of Murfield Drive, the following courses and distances: North 90 01 ' 0911 East, a distance of 127.55 feet to a point; AND North 110 15 ' 5611 East, a distance of 602.55 feet to a point . and being the true place of beginning for the following described strip: thence, leaving the proposed vlesterly right-of-way line of Murfield Drive, across said 42.439 acre tract, the following courses and distances: North 780 44' 0411 West, a distance of 20.00 feet to a point; North 11 0 15' 56" East, a distance of 50.00 feet to a point; A1~D South 780 44' 0411 East, a distance of 20.00 feet to a point in the proposed westerly right-of-way line of Murfield Drive; thence, South 11 0 15' 56" West, along said westerly right-of-way line, a distance of 50.00 feet to the true place of beginning and containing 0.023 acres, more or less. - - ~RFrF'\/ED EXHIBr( QHt - 5 .. JUL 1 ~ 19GO OHIO HOLDING COMPANY tNu, , -'v Lvll\JG 1 -S-1 (PERMANENT STORM SEWER EASEMENT) OLJdLlN. uHIO Situated in the State of Ohio, County of Franklin, City. of Dublin, located in Virginia Military Survey No. 3010 and being a strip of land across a portion of that 42.439 acre tract as conveyed to Ohio Holding Company by deed of record in Official Record 14447H03, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said strip being more particularly bounded and described as follows: Beginning for reference at a point in the southerly line of said 42.439 acre tract marking the existing easterly right~of-way line of "Murfield Drive", as shown upon the plat entitled !' Indian Run Meadows Section 5", of record in Plat Book 5, Pages 65-67; thence leaving said southerly line, across said 42.439 acre tract, and along the proposed easterly right-of-way line of Murfield Drive, the following courses and distances: North 150 12 ' 1 6" East, a distance of 72.71 feet to a point; A.J.~D North 110 15' 56" East, a distance of 632.03 feet to a point . and being the true place of beginning for the following described strip; thence, North 110 15 ' 56" East, continuing along said easterly right-of-way line, a distance of 47.62 feet to a point of curvature to the left; thence, northeasterly, along the arc of said curve (Radius = 1610.00 feet, Delta = 60 43' 28"), a chord bearing and distance of North 70 54' 12" East, 188.85 feet to a point in a northerly line of said 42.439 acre tract; thence, leaving said proposed easterly right-of-way line, North 76001' 08" East, along said northerly line, a distance of 15.81 feet to a point, in the arc of a curve to the right; thence, leaving said northerly line, across said 42.439 acre tract the following courses and distances: South 70 46' 23" West, along the arc of said curve to the right (Radius = 1625.00 feet, Delta = 60 49' 03") a chord distance of 193.25 feet to a point; South 780 44' 04" East, a distance of 5.00 feet to a point; Sou th 11 0 1 5 ' 56" West, a distance of 50.00 feet to a point; A.J.~D North 780 44' 04' West, a distance of 20.00 feet to the true place of beginning and containing 0.088 acres, more or less. .