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083-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No... m~3~9.~___ Passed umnuu nmnm' _ mnu.m.19n AN ORDINANCE APPROPRIATING FEE SIMPLE INTEREST, AND TEMPORARY ....~ T CONSTRUCTION in a 17.152 ACRE '-:: ~ ~~ TRACT CONVEYED TO DUNMERE - 0 .. ~ ~'~ ASSOCIATES, A LIMITED PARTNER- ) ~ ~ SHIP BY DEED OF RECORD IN THE ::> '- ~ ~ FRANKLIN COUNTY OFFICIAL RECORD <l.>C>r: ~ .g 12856A14, AND DECLARING AN j:>i ~ EMERGENCY . ..r: ; i WHEREAS, the City of Dublin is preparing to complete the final section of ~; ~ Muirfield Drive; and, ,.... C""') 6 '" ~ .~ WHEREAS, said improvement will require the City's obtaining fee simple o ~ ownership, and temporary construction easements in and to the premises .... "" ~ : described in attached Exhibit DALP-1, Washington Township, Franklin County, ~ .~ Ohio; t e .~~ NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State C) c; ~ of Ohio, 7 of the elected members concurring that: .c:C - 0- II:: ~~ Section 1. Fee simple interest and temporary construction easements in e ~ and to the premises located in the City of Dublin, Washington Township, if~ and more fully described in the legal description attached hereto as jg ~ Exhibit DALP-1, is hereby appropriated for the public purpose of completing - 0 the final section of Muirfield Drive, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby affixes the value fo the interests appropriated I at Seventy-Eight Thousand Four Hundred Forty Dollars ($78,440.00), which ~ ~ 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 ~t- 0 <l.> 0 deposit, the City of Dublin shall take possession of and enter upon the 0\ : .. e I ~property pursuant to law. >.M II:: .,Q .cCO 0 i .~' ::; Section 3. Council finds that the appropriation is necessary for the ~ ~ c: 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 :;). ..0 ~ 6 of the property. - J-o i ~ .~~ Section 4. The City Law Director is directed to file a petition for t ~ ~ appropriation in the Franklin County Common Pleas Court, to have a jury C1..c: ~ = ~ empaneled to assess the compensation to be paid for the real estate 5 ~ herein described above. = ... 'OJ ell Q c: ~ ~~~ Section 5. The funds related thereto have been previously appropriated ~ ~ ~ within the CAPITAL IMPROVEMENT TAX FUND for the purpose of paying all ~ ~ costs incident to such acquisition. CI -0 c.. .~ J2~ ~ ~ Section 6. This Ordinance is hereby declared to be an emergency necessary .- '"0 g CI ~ for the immediate preservation of the public health, safety and welfare. ~j ~ ~ The reason for such necessity is that the completion of the Muirfield 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 4thday of September, 1990. Officer Attest~~~.~ erk of Co ncil - .. EXHIBIT MLP- 1 ~ASSOCIATES' A LIMITED PARTNERSHIP RECEIVED J U L 1 3 '1990 3-WD (PERMANENT RIGHT-OF-WAY) 1. 961 ACRE PARCEL ENCiIlI,....~..,I'/~ bUILDING DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 3010 and being 1. 961 acres of that 17.152 acre tract as conveyed to Dunmere Associates, a Limited Partnership, by deed of record ' i n Official Record 12856A14, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 1.961 acres being more particularly bounded and described as follows: Beginning for reference at a point in the northerly line of Virginia Military Survey No. 3010 marking the northwesterly corner of said 17.152 acre tract, said point bears North 730 52' 24" East, along the northerly line of Virginia Military Survey No. 3010, a distance of 1004.79 feet from the centerline of Avery Road; thence North 750 25 ' 43" East, continuing along said Virginia Military Survey line and along the northerly line of said 17.152 acre tract, a distance of 330.58 feet to an angle point; thence North 730 32' 1 2" East, continuing along said northerly line, a distance of 176.84 feet to a point and being the true place of beginning for the following described parcel of land; thence North 730 32' 1 2" East, continuing along the northerly line of said 17.152 acre tract, a distance of 172.82 feet to a point in the arc of a curve to the left; thence leaving said northerly line, southwesterly along the arc of said curve (Radius = 1800.00 feet, Delta = 200 59' 07"), a chord bearing and distance of South 20 33' 19" West, 655.60 feet to a point in the southerly line of said tract; thence South 740 35' 51" West, along said southerly line, a distance of 111.31 feet to a point; thence North 90 34' 20" West, a distance of 89.34 feet to a point of curvature to the right; thence northwesterly along the arc of said curve (Radius = 1950.00 feet, Delta = 160 08' 38"), a chord bearing and distance of North 10 30' 01" West, 547.63 feet to the true place of beginning and containing 1.961 acres, more or less. Subject. however~ tel a 1 'I legal rights-of-way and/or ease,- ments, if any, of previous record. - .. DUMMERE ASSOCIATES, A LIMITED PARTNERSHIP 3-WD (PERMANENT RIGHT-OF-WAY) 1.961 ACRE PARCEL CONTINUED The bearings in the above description are based upon the southerly line of said 17.152 acre parcel as being South ,} 4 0 351 5111 West. " 3-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 0.293 acres, more or less. 3-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 0.303 acres, more or less.