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52-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._____52-97 Passed__ 19-- -- AN ORDINANCE TO APPROPRIATE A 0.094 ACRE TEMPORARY CONSTRUCTION EASEMENT AND A 0.086 ACRE FEE SIlVIPLE INTEREST IN PROPERTY OWNED BY NBD BANK NKA THE FI>iTH THIRD BANK OF CINCINNATI, LOCATED ON THE EAST SIDE OF FRANTZ ROAD AND SOUTH OF METRO PLACE, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin is preparing to improve the Post Road, Frantz Road and S.R. 161 intersection; and, WHEREAS, said improvement will require the City of Dublin to obtain a temporary construction easement and a fee simple interest in and to the premises described in the attached Exhibits "A" and "B", located in the City of Dublin, Franklin County, Ohio. NOW, T~FORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. A temporary construction easement and a fee simple interest in and to the premises located in the City of Dublin, Franklin County, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibit's "A" and "B" are hereby appropriated for the public purpose of improving the Post Road, Frantz Road and S.R. 161 intersection and, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interests appropriated at Forty Eight Thousand Dollars and No Cents ($48,000.00), 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 deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. 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 impaneled to assess the compensation to be paid for the real estate herein described above. 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. 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 prompt improvement of the Post Road, Frantz Road and S.R. 161 intersection is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. day of , 1997. -Presiding Officer ATTEST: Clerk of Council I hereby certify that copses of this Ordinance/west ~ntere posted n Ella City of Dublin in accordance w'tl: Sa*t'.on, ~g~ ^:, z ~o R~'~ Revised de. per? Clark n Co ~:3.' °' ~J, ,'n I;XIIIBIT A -PARCEL IOWD CITY OF llUBLIN, OIIIO NBD BANK, OHIO , D~SCRIPTION,OF ADDITIONAL RIGHT..-OF-, .. . ,;. ~,,,;. , WAY,FOR FRANTZ ROAD ~ . ; . ..., .. i .: . ~ , ~ . Situated in tl~e State of Ohio, County of Franklin, Township of VVasl~ington and in the ~`- City of Dublin, being in V.M.S. 2542,;being part.of a Lot 4,of the Corbin's Mill Subdivision, P.B. 55, Page 81~conveyed to NBD Bank, Ohio by, O.R. 21387 J-03 of tl~e Franklin County, Recorder's Office, and being more particularly described as follows: Beginning from an iron pipe found at the southwest corner of said Lot 4, said corner also being the northwest corner of Lot 8-1 of the, Waterford .Village. Phase B, P.B. 57, Page 13 conveyed to Harley E. Rouda, Jr., by O.R.. 28564.E-18 of the Franklin County Recorder's Office, said iron pipe being the true point of beginning; ,• ,,. ,7'lrence along the gr~rntor's westerly property line and tt~e westerly line of Lot 4, said line also being the'existing right-of--way line of Frantz Road northerly 106.50 feet along tl~e arc of a curve deflecting to the right having a radius of 1860.08 feet and a chord which bears N 00053' 16" E, a distance of 106.49 feet to an iron pipe found 50.00 feet right of centerline of survey station 39+78.08; .~ .. Thence leaving the grantor's westerly property line, the westerly line of Lot 4 and the existing right-of-way line of Frantz Road and along tl~e grantor's northwesterly property line, tl~e northwesterly line of Lot 4 and tl~e existing right-of--way line of Corbin's Mill Drive northeasterly 50.95 feet along t1~e arc of a curve deflecting to the right having a radius of 30.00 feet and a chord which bears N S 10 10' 42" C, a distance of 45.04 feet to an iron pipe found 25.00 feet right of centerline of survey station 20+86.67; Thence leaving the grantor's northwesterly property line and the northwesterly line of Lot 4 and along the grantor.'s hortherly property line, tl~e northerly line of Lot 4 and continuing'aldng the existing right-of--way line of Corbin's Mill Drive S 800 10' 17" E, a distance of 211.48 feet to a point 25.00 feet riglrl of centerline of survey station 22+98.15; Thence continuing along the grantor's northerly property line, the northerly line of Lot 4 and the existing right-of-way line of Corbin's Mill Drive southeasterly 4.95 feet along tl~e arc of a curve deflecting to the left having a radius of 355.00 feet and a chord wtricl~ bears S 800 34' 16" E, a distance of 4.95 feet to a point 25.00 feet right of centerline of survey station 23+02.75; Thence leaving the grantor's northerly property line , tl~e northerly line of Lot 4 and the existing right-of--way line of Corbin's Mill Drive and along the grantor's easterly property line and the easterly line of Lot 4 S 050 OS' 02" W, a distance of 8.73 feet to a point 33.71 feet right of centerline of survey slatiori 23+03.29; Thence (caving the grantor's easterly property line and the easterly line of Lot 4 and across the grantor's property northwesterly 12.58 feet along the arc of a curve '~'"' deflecting to the right having a radius of 59.00 feet and a chord which bears N 860 1 G' 45" W, a distance of 12.55 feet to a point 35.00 feet right of centerline of survey station 22+91.33; Thence N 800 10' 17" W, a distance of 214.80 feet to a point 72.37 feet right of centerline of survey station 40+00.04; Thence S 450 11' 20" W, a distance of 16.93 feet to a point 61.00 feet right of centerline of survey station 39+87.04; Thence southerly 116.25 feet along the arc of a curve deflecting to the left having a radius of 1849.08 feet and a chord which bears S 00° 59' 44" W, a distance of 116.24 feet to a point 61.00 feet right of centerline of survey station 38+66.95; Thence along the grantor's southerly property line and the southerly line of Lot 4 • N 810 48' 19" W, a distance of 11.•14 feet to the true point of beginning and '• containing 0.086 acres, more or less,•from Auditor's Parcel Number~273-001413; including the present right-of-way which occupies 0.000 acres, more or less. The basis of bearing of N 89° 04' 04" E for this project is based on the centerline bearing ' of US 33/SR 161, as shown'on the centerline plat for Franklin County FRA-270-7.47 N, •; ; on file with the Ohio Department of Transportation, District 6. ~ ' Grantor claims title by instrument(s) of record in O.R. 21387, Page J-03,•Franklin County Recorder's Office. ~ ~ ~ ~ • ~~ •~ ~ •` ''`~ -CLYDE E. WILLIAMS~ &'ASSOCIATES, INC: • • ~ • ~ Registered Surveyor No. 6350 •' . • r•` E • 4 f ••,,~ Aea~t~waduo~ , ~, ~ • i A. HaiAer _ ~ ~ p 8.006350 ~ ' . ., .; EXHIBIT ? PARCEL 10WD FRANKLIN COUMY WASHINGTON TOWNSHIP CIN OF DUBLIN V.M.S. 2542 SCALE: 1 "~ so' FRANTZ ROAD ~o+~ 39+00 --- --' 50.00 Rt. 0.00 Rt. RON PIPE FOUND (P.0.8.) EX. R/W ~ 1,,3 L1 L10 s~.oo Rt. Groaa Aroo~ 0.088 Acme -P.R,O.~ 0,000 Acrea Net Take- 0.088 Acrea ~ L4 M~ NUfr18ER DISTANCE 0IRECTION L1 11.14' N 81'48'19' W L4 211.48' S 80' 10' 17' E L8 8.73' S 05'05'02" W L8 221.25' N 80'10'17' W L9 16.93' S 4'S'11'20' W NBD BANK OHIO O.R. 21387 J-03 0.78 ACRES PARC0. 273-001413 CORBIN~ST MILL SUB. P.B. 55 PAGE 81 s~ N g ~~ i~ 25. L7 _-----~ ; 33.71' Rt. CURVE 0-ATA Rt. SURVEY do ao z .^^v vI ~_ F O CURVE RADIUS LENGTH ~ LZ 1880.08' 108.50' 108.49' N 00x53' 18' E L3 30.00' b0.95' 4x.04' N bt'10'42" E L5 355.00' 4.95' 4.95' S 80"34' 18' E L7 59.00' 12.58' 12.53' S 88' 18'45" E L10 1849.08' 118.25' 116.24' N 00'59'44" E BASIS OF BEARING: The basis of bearing for this project is ,,,used on the centerline bearing of !S 33/SR 161. as shown on the Centerline purvey Plot for Franklin County FRA-270- '.47N~ on file with the Ohio Department of ~,ransportation. District 6. All stations and offsets shown hereon are from the centerline of construction as shown on the Centerline Survey Piat for this project. ~~ CLYDE E. YVILlWdS k /~SSOGATES, INC. i 1 JO E. NfiL50N BRIDGE ROAD f WORR1k~GTON, OHIO ~JO83 ... •+~,~~ L 0 ~ •••.. ~• ~ • .. O ~~' i• ~ ' yi •' ~ ~ A. Nailer _ ~ ~ S•001351 ~ . ~ • ~~~ ~~ ~r~STEa~~ r ., ,p ~ ~ ~ ~,, .~ Abdul-Wadood A. Haider Registered Surveyor No. 6350 Date: August, 1996 ROADWAY AND TRAFFIC CONTROL IMPROVEMENTS S.R. 161 /U.S.33~ FRANTZ ROAD, POST ROAD, CORBIN'S MILL DRIVE. AND METRO PLACE NORTH L+'XHIBIT B - PARCIJL lOT CITY OI+' DUBLIN, OI~IO ~ .:' , ~.:~ ~. ~ . NBD BANK, OHIO ;, ~ . , ~ ; . , ; ;, , . . , , , DESCRIPTION OI+ TEMPORARY EASEMENT h'OR CONSTRUCTION TOR TRAN'I'Z IZOAll ,~ , ,~ , ,,t f • , .., , ~4 j .~ ~, Situated in the Slate of Ohio, County of Franklin, 'fownsiip of Washington and in the Cily of Dublin, being in V.M.5.2542, being part of Lot 4 of the Corbin's Mill Subdivision, P.B. 55, Page,81 conveyed,to NB1J. Bank,~,Ohio, by .O.R. 21387 J-03 of the Franklin County~Reeoider's Office, and being more particularly described as follows: ~ `' ~ '' ' ' ' ' Beginning at a point on the grantor's southerly property line and tf~e southerly line of said Lot 4, said point also being 61.00 feet right of centerline of survey station 38+66.95; .Thence leaving the grantor's southerly property line~and the southerly line of Lot 4 and along the proposed tight-of :way line of Frantz Road 124.07 l'cet along the arc of a curve deflecting to ttre right having a radius of 1849.08 feet and a chord which bears N O1° 07' 00" E, a distance of 124.05 feet to a point 61.00 feet right of centerline of survey station 39+95.12; `^°'" 'Thence leaving the proposed right-of way line of Frantz Road and along the proposed right-of--way lint of Corbin's Mill Drive N 450 11' 20" C, rr distance of 7.41 feet to a point 65.97 feet right of centerline of survey station 40+00.81; Thence continuing along the proposed right-of--way line of Corbin's Mill Drive S 800 10' 17" E, a distance of 221.25 feet to a point 35.00 feet right of centerline of survey station 22+91.33; Thence continuing along the proposed right-of--way line of Corbin's Mill Drive easterly 12.58 feet along the arc of a curve dellectirrg to the left having a radius of 59.00 feet and a chord which bears S 860 16' 45" E, a distance of 12.55 feet to a point 33.71 feet right of centerline of survey station 23+03.29; Thence leaving the proposed right-of--way line of Corbin's Mill Drive and along the grantor's easterly property line, said easterly line also being the easterly line of Lot 4 S 050 OS' 02" VV, a distance of 21.41 feet to a point 55.07 feet right of centerline of survey station 23+04.53;, Thence leaving tfre grantor's easterly property line and the easterly line of ,,,,,.~., Lot 4 and across tfre grantor's property N 800 10' 17" W, a distance of 95.59 feet to a point 55.00 feet right of centerline of survey station 22+ 10.00; ,,;rr,. Thence continuing across the grantor's property N 090 49' 43" W, a distance of 15.00 feet to a point 40.00 feet right of centerline of survey station 22+10.00; Thence continuing across the grantor's properly N 800 10' 17" W, a distance of 45.00 feet to a point 40.00 feet right of centerline of survey station 21+65.00;