081-90 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
. 81-90 d 19
Ordmance No. ___~___n Passe m_n__~__n - m_n__n_ n_n_ un_
AN ORDINANCE APPROPRIATING FEE
SIMPLE INTEREST, TEMPORARY
., CONSTRUCTION EASEMENTS, PERMANENT
.~~ STORMWATER EASEMENTS AND
,
.~ ; BIKEWAY EASEMENTS IN A 54.224
-:: : ACRE TRACT CONVEYED TO THE
k ~ HOLDING CORPORATION OF OHIO BY
E ~ DEED OF RECORD IN THE FRANKLIN
c ._.
i~. ~.~ COUNTY OFFICIAL RECORDS NUMBER
.. ~ 14447G19, AND DECLARING AN
. ~ EMERGENCY
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~ ~ WHEREAS, the City of Dublin is preparing to complete the final section of
.g g Muirfield Drive; and,
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.~ : WHEREAS, said improvement will require the City's obtaining fee simple
= ~ ownership, temporary construction easements and a permanent bikeway
o
~ S easement in and to the premises as described in attached Exhibits HCO-1,
Q) c:
.~~ HCO-2, HCO-3, HCO-4, and HCO-5, Washington Township, Franklin County
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~.; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
~ ~ of Ohio, 7 of the elected members concurring that;
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~ ~ Section 1. Fee simple interest, temporary construction easements, permanen
;: Q stormwater sewer easements and a permanent bikeway easement 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 HCO-1, HCO-2, HCO-3, HCO-4, and HCO-5, is hereby
; ~ appropriated for the purpose of completing the final section of Muirfie1d
o I Drive, pursuant to Ohio Revised Code Chapter 163 and the Constitution of
~ the State of Ohio.
~
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e ~ Section 2. Council hereby affixes the value of the interests appropriated
~'~ at Seventy Thousand Eighty Hundred Dollars ($70,800.00), which sum shall
] : ~ be deposited with the Franklin County Common Pleas Court, for the use and
~_ ~ o~ benefit of the owners of the property appropriated. upon such deposit,
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g .~~ the City of Dublin shall take possession of and enter upon the property
8 I 6 pursuant to law.
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16 Q) .i:~ Section 3. Council finds that the appropriation is necessary for the
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u g ~~ stated purpose, that the City has been unable to agree with the owners of
~ = ~ the property, and that the City intends to obtain immediate possession of
1=1 ... 0
... 0 = the property.
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~ ~u ~ Section 4. The City Law Director is directed to file a petition for
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~ 2 ~~ appropriation in the Franklin County Common Pleas Court, to have a jury
~ _ J2B empaneled to assess the compensation to be paid for the real estate herein
~ ~ ~ ~ '; described above.
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~ ~ ~ 0 : Section 5. The funds related thereto have been previously appropriated
..: ] .a .g ~ within the CAPITAL IMPROVEMENT TAX FUND 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 completion of the Muirfie1d
Drive extension will serve as one of the major components which will
alleviate the serious traffic circulation problem experienced by the City.
Therefore, this Ordinance shall go into immediate effect.
Passed this 4th day of September, 1990.
/ ~
c/ Attest: &€ ~
'-' Lhu--(4' .
1erk of Council
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EXHIBrr HCO- 1
,
, RECEIVED
HOLDING COROPORATION OF OHIO JUL 1 3 1990
2-WD (PERMANENT RIGHT-OF-WAY) ENGlr..._ 1l1~1.:' u~II..U'NG
DUBLIN, OHIO
. 1.770 ACRE PARCEL
Situated in the State of Ohio, County of Franklin, City of
Dublin, located in Virginia Military Survey No. 3010 and being
1. 770 acres of that 54.224 acre tract as conveyed to Holding
Corporation of Ohio by deed of reco rd in Official Record
14447G19, all references being to those of reco rd in ._the
Recorder's Office, Franklin County, Ohio, said 1.770 acres
being more particularly bounded and described as follows:
Beginning at a point in a northerly line of said 54.224
acre tract. said point bears North 740 35' 51" E a"s t, a distance
of 366.12 feet from the south'A'esterly corner of that 17. 152
acre tract as conveyed to Dunmere Associates, a Limited
Partnership by deed of record in Official Record 12856A14;
thence North 740 35' 51" East, along said northerly line, a
. distance of 111.31 feet to a point in the arc of a curve to the
left;
thence leaving said northerly line, across said 54.224 acre
tract, the following courses and distances:
South 80 45' 17" East, along the arc of said curve (Radius
= 1800.00 feet, Delta = 10 38' 06"), a chord distance of 51.36
feet to the point of tangency;
South 90 34' 20" East, a distance of 253.43 feet to a point
of curvature to the right; and
South 20 30' 56" East, along the arc of said curve to the
right (Radius = 1610.00 feet. Delta = 140 06' 48"), a chord
distance of 395.58 feet to a point in a southerly line of said
tract;
thence South 760 01' 08" West, along a southerly line of
said 54.224 acre tract, a distance of 116.49 feet to a point in
the arc of a curve to the left;
thence leaving said southerly line, North 10 48' 31" West,
along the arc of said curve (Radius = 1500.00 feet, Delta = 150
31' 37"), a chord distance of 405.26 feet to the point of
tangency;
thence North 90 34' 20" West, a distance of 293.48 feet to
the place of beginning and containing 1.770 acres, more or less.
Subject, however, to all legal rights-of-way and/or ease-
ments, if any, of previous record.
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EXHIBIT HCo-2
,
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HOLDING CORPORATION Of OHIO
2-WD (PERMANENT RIGHT-Of-WAY)
1.770 ACRE PARCEL
The bearings in the above description are based upon the
southerly line of said Dunmere Associates 17.152 acre tract as
being North 740 351 51" East.
2-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 0.321
acres, more or less.-
2-T-1 (TEMPORARY CONSTRUCTION EASEMENT)
. Being a strip of land 20 feet in width, said strip being
parallel to and contiguous with the easterly side of the above
described permanent right-of-way parcel and containing 0.322
acres, more or less.
EXHJBII ttD -3 -t"'{t.lJt.IVtU
HOLDING CORPORATION OF OHIO JUL 1 3 1990
ENelll'. ""U wu.........,I\J(J
2-S (PERMANENT STORM SEWER EASEMENT) OUBLlN, 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 15 feet in width across a portion of that 54.224
acre tract as conveyed to Holding Corporation of Ohio by deed of
record in Official Record 14447G19, 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 a northerly line of said
54.224 acre tract, and in the proposed easterly right-of-w~y line
of Murfield Drive, said point bears North 740 35' 51" East, a
distance of 477.43 feet from the southwesterly corner of that
17.152 acre tract as conveyed to Dunmere Associates, a Limited
Partnership by deed of record in Official Record 12856A14 said
point being in the arc of a curve to the left;
thence, leaving said northerly line along said proposed
easterly right-of-way line, the following courses and distances;
South 80 45' 17" East, along the arc of said curve to the left
(Radius = 1800.00 feet, Delta = 10 38' 06"), a chord distance of
51.36 feet to the point of tangency; AND
South 90 34' 20" East, a distance of 68.48 feet to a point and
being the true place of beginning for the following described
strip;
thence, leaving the proposed easterly right-of-way line of
Muirfield Drive, across said 54.224 acre tract the following
courses and distances:
North 800 25' 40" East, a distance of 15.00 feet to a point;
South 90 34' 20" East, a distance of 184.95 feet to a point of
curvature to the right; AND
South 20 36' 15" East, along the arc of said curve (Radius =
1625.00 feet, Delta = 130 56' 11"), a chord distance of 394.28
feet to a point in a southerly line of said Holding Corporation of
Ohio tract;
thence, South 760 01' 08" West, along said southerly line, a
distance of 15.81 feet to a point in the proposed easterly
right-of-way line of Murfield Drive and being in the arc of a
curve to the left;
thence along said easterly right-of-way line the following
courses and distances:
North 20 30' 56" West, along the arc of said curve (Radius =
1610.00 feet, Delta = 140 06' 48"), a chord distance of 395.58
feet to the point of tangency; and
North 90 34' 20" West, a distance of 184.95 feet to the true
place of beginning and containing 0.200 acres, more or less.
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ExHI(3Jf HCD -4 r---"---
HOLDING CORPORATION OF OHIO JUt i . 190'"
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2-B (PERMANENT BIKEWAY EASEMENT) J i 1\1\
_.I~ ur.IO
Situated in the State of Ohio, County of Franklin, Ci t'y of
Dublin, located in Virginia Military Survey No. 3010 and being a
strip of land 20 feet in width across a portion of that 54.224
acre tract as conveyed to Holding Corporation of Ohio by deed of
record in Official Record 14447G19, 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 a northerly line of said
54.224 acre tract, and in the proposed westerly right-of-way line
of Murfield Drive, said point bears North 740 35' 51" East, a
distance of 366.12 feet from the southwesterly corner of that
17.152 acre tract as conveyed to Dunmere Associates, a Limited
Partnership by deed of record in Official Record 12856A14;
thence, leaving said northerly line South 90 34' 20" East,
along said proposed westerly right-of-way line, a distance of
68.53 feet to a point and by the true place of beginning for the
following described strip of land;
. thence, South 90 34' 20" East, continuing along said westerly
right-of-way line, a distance of 40.00 feet to a point;
thence, leaving said proposed right-of-way line, across said
54.224 acre tract, the following courses and distances:
South 800 25' 40" West, a distance of 20.00 feet to a point;
North 90 34' 20" West, a distance of 40.00 feet to a point; AND
North 800 25' 40" East, a distance of 20.00 feet to the true
place of beginning and containing 0.018 acres, more or less.
EXHIBr( HW- 5 RECEIVED
. HOLDING CORPORATION OF OHIO JUL 1 3 1990
2-B-1 (PERMANENT BIKEWAY EASEMENT) ENGII\ ." H_ uUlLvll\lG
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 20 feet in width across a portion of that 54.224
acre tract as conveyed to Holding Corporation of Ohio by deed of
record in Official Record 14447G19, 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 a northerly line of said
54.224 acre tract, and in the proposed easterly right-of-way line
of Murfield Drive, said point bears North 740 35' 51" East, a
distance of 477.43 feet from the southwesterly corner of that
17.152 acre tract as conveyed to Dunmere Associates, a Limited
Partnership by deed of record in Official Record 12856A14 said
point being in the arc of a curve to the left;
thence leaving said northerly line along said proposed
easterly right-of-way line, the following courses and distances;
South 80 45' 17" East, along the arc of said curve to the left
(Radius = 1800.00 feet, Delta = 10 38' 06"), a chord distance of
. 51.36 feet to the point of tangency; &~D
South 90 34' 20" East, a distance of 28.48 feet to a point and
being the true place of beginning for the following described
strip;
thence, leaving said proposed easterly right-of-way line,
across said 54.224 acre tract the following courses and distances:
North 800 25' 40" East, a distance of 20.00 feet to a point;
South 90 34' 20" East, a distance of 40.00 feet to a point; AND
South 800 25' 40" West, a distance of 20.00 feet to a point in
the proposed easterly right-of-way line of Murfield Drive;
thence, North gO 34' 20" West, along said easterly
right-of-way line, a distance of 40.00 feet to the true place of
beginning and containing 0.018 acres, more or less.