60-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
_-_-,
Ordinance No._____ jj(~~_______ Passed 19
AN ORDINANCE TO APPROPRIATE A 0.103 ACRE TEMPORARY
CONSTRUCTION EASEMENT AND A 0.004 ACRE FEE SIlVIPLE
INTEREST IN PROPERTY OWNED BY FERGUS PROPERTIES, INC.,
LOCATED ON THE NORTH SIDE OF POST ROAD, IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OffiO, 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, THEREFORE, 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 Exhibits "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 Nine
Thousand Three Hundred and Fifty Dollars and No Cents ($9,350.00), 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
(,apital provement Tax Fund for the purpose of paying all costs incident to such
acquisition.
~,ction 66. 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.
Passed th' ~~ day of Q~.t,~,~_ , 1997.
yor -Presiding Officer - hereby certify that codes of th;s Ordnance/
Resotntiee were post d in the
City of Dublin in accordance wa'~ Section 131.25 of the Ohio Revise Cody.
ATTEST:
-~~~~~- P~ss~- Clerk Co il, Dubli ta~~~
Clerk of Council
ICXIIIBIT A - PARCL'I, 4Wll
CITY Or DUBLIN, OIiIO
TERGUS PROPERTIES, INC.
DI:SCI2IPTION OIL' ADDITIONAL RIGIIT-OC-WAY COI2 POST' ROAD
~,„ Situated in the State of Ohio, County of Franklin, Township of Washington and in the
' City of Dublin, being in V.M.S. 2542, being part of a 2.551 acre tract conveyed to Fergus
Properties, Inc., by O.R. 18320 D-17 of the Franklin County Recorder's Office, and being
more particularly described as follows:
Beginning at an iron pipe found at the southeast corner of said 2.551 acre tract, said
corner also being on the westerly line of a 2.816 acre tract conveyed to l3od & Kids, Inc.,
by O.R. 18320 E-O1 of the Franklin County Recorder's Office, said iron pipe being tf~e
true point of beginning;
Thence along the existing right-of--way line of Post Road and the grantor's
southerly property line N 680 44' S7" W, a distance of 14.52 feet to a point 50.00
feet left of centerline of survey Station 37+20.00;
Thence leaving said existing right-of--way line and the grantor's southerly property
line N 210 15' 03" E, a distance of 11.00 feet to a point 61.00 feet left of
centerline of survey Station 37+20.00;
Thence S 680 44' S7" E, a distance of 14.52 feet to a point 61.00 feet left of
centerline of survey Station 37+34.52;
Thence ala~g tl~e grantor's easterly property line S 21o IS' 03" W, a distance of
"' 11.00 feet to the true point of beginning and containing 0.004 acres, more or less,
from Auditor's Parcel Number 273-000116; including tl~e present right-of--way
which occupies 0.000 acres, more or less.
The basis of bearing of N 890 04' 04" E for this project is based on the centerline bearing
of US 33/S1Z 161, as shown on 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. 18320, Page D-17, Franklin
County Recorder's Office.
CLYDE E. WILLIAMS & ASSOCIATES, INC.
Registered Surveyor No. 6350
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EXHIBIT a
FRANKLIN
WASHINGTON
CITY OF
V.M.S.
PARCEL 4WD
COUNTY
TOWNSHIP
DUBLIN
2542
FERGUS PROPERTIES, INC.
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CALF:
1 "=20'
S 68'44'57"
14.52' -
37+20.00
61.00' Lt.
O.R. 18320 D-17
2.551 ACRES
PARCEL # 273-000116
Gross Area= 0.004 Acres
-P.R.O.= 0.000 Acres
Net Take= 0.004 Acres
E
37+34.52
61.00' Lt.
N21' 15'03"E
11.00'
i_
.~ EX. R/W -~
~.
37+20.00
50.00' Lt.
N 68'44'57" W
14.52'
37+ 00
POST ROAD
S21' 15'03"W
11.00'
50.00' Lt.
(P.O.B. Iron Pipe Found)
38+00
~ SURVEY & CONSTRUCTION
BASIS OF BEARING:
The basis of bearing for this project is
,,~vsed on the centerline bearing of
~ 33/SR 161, as shown on the Centerline
.,..irve Piat for Franklin County FRA-270-
7.47N, on file with the Ohio Department of
Transportation District 6.
Ail stations and offsets shown hereon
are from the centerline of construction
as shown on the Centerline Survey Plat
for this project.
~~
ltYOE E. WIWAMS k ASSOCIATES, INC.
130 E. WILSON BRIDGE ROAD
WOR11I1NGTON, ONTO 43085
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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
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EXIIIBIT B -PARCEL 4'f
CITY Or DUBLIN, OIIIO
TERGUS PROPERTIES, INC. ~ '• ' ' ' '
llI;SCRIPTION Or'I'TMPORARY•I/ASIJIVIENT rOR CONSTRUCTION
rOR POST ROAll ~ ~ ~ • •
Situated in the State of Ohio, County of Franklin, Towns rip of Waslringlon and in
_ the Cily of Dublin, being in V.M.S. 2542, being part of a 2.268, 2.551 & 1.333
acre tract conveyed to Fergus Properties, Inc., by O.R. 18320 D-12, O.R. 18320
D-17 & O.R. 22887 A-09 of ttre Franklin County Recorder's Office, and being
more particularly described as follows:
Beginning at a point on ttre rrortlrerly existing right-of--way line of Post Road, said
point being 50.00 feet left of centerline of survey station 28+75.25;
Thence leaving the northerly existing right-of-wny line of Post Road and
along the grantor's.westerly~property line N 220 55' S2" E, a distance of
5.01 feet to a point 55.00 feet left of centerline of survey station 28+74.88;
Thence leaving tlre•grantor's westerly property line S 620 50' S7" E, a
distance of 144.89 feet to a point•55.00 feet left of centerline of survey
station 30+19.79;
,,,.,„. Thence soulhe:[sterly 141.86. feet along the arc of a curve deflecting to the
Icft having a radius of 1377.70 feet and a chord which bear's S 650 4Z' S~"
L, a distance of 141.80 feet to a point 55.00 feet left of centerline of survey
station 31+67.28;
Thence N 210 I S' 03" E, a distance of 5.00 feet to a point 60.00 feet left of
centerline of survey station 31+67.28;
Tfrence S 680 44' S7" E, a distance of 62.71 feet to a point 60.00 feet left
of centerline of survey station 32+30.00;
Thence S 210 15' 03" W, a distance of 5.00 feet to a point 55.00 feet left of
centerline of survey station 32+30.00;
'I'Irence S 680 44' S7" E, a distance of 490.00 feet to a point 55.00 feet left
of centerline of survey station 37+20.00;
Thence along the proposed right-of-way line of Post Road S 210 15' 03"
W, a distance of 5.00 feet to a point 50.00 feet left of ce[ilerline of survey
station 37+20.00;
Thence leaving said proposed right-of-way line and along the northerly
existing right-of--way line of Post Road N 680 44' S7" W, a distance of
552.72 feet to a point 50.00 feet left of centerline of survey station
,,,~„ 31+67.28;
Thence continuing along the northerly existing right-of-way line of Post
Road rrorll~westerly 142.38 feet along tl~e arc of a curve deflecting to the
right having a radius of 1382.70 feet and a chord which bears N 650 47'
57" W, a distance of 142.31 feet to a point 50.00 feel left of centerline of
survey station 30+19.79;
Thence continuing along the northerly existing right-of: way line of Post
Road N 620 50' S7" W,,a distance of 144.52 feet to the true point of ,
' z ~ beginning and containing 0.103 acres; more or less. ~ , . .
The basis of bearing 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,ti. .
Grantor claims title tiy, instrument(s) of record in O.R. ,18320, Page D-12, O.R.
18320, Page D-17 & O.R. 22887, Page,~A:09, Franklin,County Recorder's Office.
CLYDE E. WILLIAMS ~& ASSOCIATI;S,~INC.
Registered Surveyor No. 6350
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SCALE: 1 "=100' M.
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55.00' Lt. '
TEMP. R/W cn ~ SURVEY
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FERGUS ~
PROPERTIES, INC.
O.R. 18320 D-12 2.268 Ac. 'n
PARCEL # 273-3800 "~
O.R. 18320 0-17 2,551 Ac. °~
PARCEL # 273_ 116
O.R. 22887 A-09 1.323 Ac.
PARCEL # 273-3800 ~ ~-
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32+30.00 15
60.00' Lt.
31 +67.28 J M
60.00 Lt. PT ,
31 +67.28 L3
55.00 Lt. •~-
55.00 t
+74.88
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w ~
TEMP, L
R/W_._._
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J Il
5b.00' Lt.
EXHIBIT B PARCEL 4',
TEMPORARY EASEMENT
FO
R
CONSTRUCTION
R
~
KLIN COUNTY
WASHINGTON TOWNSHIP
CITY OF DUBLIN
V.M.S. 2542
& CONSTRUCTION
NuuBER asr~NCE aRECnoN
L1 6.01' N 04'67'44' W
~ 144.89' S 8Z'60'a7' E
O ~ a.oo' N sr~a'oa• E
L4 62.71' S 68'44'67' E
~ ~ a•~~ S 21'16'03" W
~ 4ao.oo• s 8e'44'a7` E
0 L7 a.oo• s zt•ta'o3` w
d- Le 662.72' N ae'44'a7• w
~ 144.as' N arao•a7• w
32+30.00
55.00 Lt.
0.103 ACRE TEMPORARY
CONSTRUCTION EASEMENT
31 +67.28
50.00 Lt.
50.00 t
CURVE 4~TA
~~E w~aus ~ENen~ ~++oRD
A 1377.70' 141.86' 141.80'
e s as47'a7- E
1382.70' 142.38' 142.31' S 85'47'67" E
C 1432.70' 147.49'
147.36' N 66'47'67` yy
L1' X28+75.25
50.Op t
SIS OF BEARING: (P•O.B.)
s basis of bearing for this project is
sed on the centerline bearing of
33/SR 161, vs shown on the Centerline
y Plat for Frvnklin County FRA 270_
. on file with the Ohio Department of
importation, District 6.
stations and offsets shown hereon
from the centerline ~f construction
shown on the Centerline Survey plat
this project.
~ ~M~ILSON EIR ~~~ INC.
~RTHMOTON, ONTO 430BS
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Abdul-Wvdood A. Haider
Registered Surveyor No, 6350
-Date: August, 1996
ROADWAY ,gyp TR,gEFIC CONTROL i
S.R. 161 /U 5,33, FRANTZ ROAD, POSOVEMENTS
CORBii,l`S MILL DRIVE, AND METRO P T ROAD,
-- ~..._._ LACE NORTH
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