72-95 Ordinance
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" RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.....__....:t2.~.'.~. Passed--..--.-----. . ... . . -- . ....19__.._
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT
IN A 15.43 ACRE TRACT 01fNED BY CAROL L.
SCHLOTTERER, LOCATED ON THE EAST SIDE OF STATE
ROUTE 257 IN THE CITY OF DUBLIN, STATE OF OHIO,
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AND DECLARING AN EMERGENCY
__ WHEREAS, the city of Dublin is preparing to improve state Route
257; and,
WHEREAS, said improvement will require the city of Dublin to
obtain a fee simple interest and a temporary construction
easement 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, S of the elected members concurring
that:
section 1. A fee simple interest and a temporary
construction easement in and to the premises located in the
city of Dublin, Franklin County, Ohio, and more fully described
in the legal descriptions attached hereto as Exhibits "A" and
"B", is hereby appropriated for the public purpose of improving
state Route 257, 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 One Hundred and Thirteen Thousand Five Seventy-
Five Dollars ($113,575.00), 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 owners of the property, 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 STATE ROUTE 257 IMPROVEMENT 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 state Route 257 is
__ necessary due to the condition of an increased traffic flow on
state Route 257. Therefore, this ordinance shall go into
immediate effect.
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passed this ~ day of ~ ' 1995.
, by certify that co;e f .
May City of Dubl" . P so thiS Ordinancel'! ,.
In In acclJrdance with Section 731 2;)U u'"""were poste in I
ATTEST: ~ ~ 17 . of the Ohio Revised Odl
~ . CI,rIc of COun<il D C!-rbn.A A ..L ~~
~~ ' u .n, OhiO
Clerk of council
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\ " p;.1rt of the prcrn.i!;:e~ (l':.~vi~.c.'<.1 to< rDlli~e .1I~'lel un~lll'::nnie \'1.
I Schrcy!ll" by !'lill from ~enjbr:U.n z. Schreyer, a!l' !.ihr)",ln of record
. t in Hill Hccorc1 !-I.H., rXI~J(! 215, Frt:1C1klin County Prnbatc
.:. -;: Court's Office, ;:md p.:\rtiC\.llurly c1eGcrU~_-d in D'~t:,:d IkXlk aD,
~ .-' t p.:1~l.!. !iGI\, I-'run~~~~n .collnt~ ~::cocc~~:' !.: Of:EiC'.1, t:1nc1 bcin':1 nc>J.c
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. I Hc<].i..nning nt il point .lD th~ ccntnrlmeol: RivE'c!itde Drive,
..... i .~rth 9~ 271 \\est, 319.76 feet frQ:'i\ the o~i<;inul ~u~h line
; .of trnet; \vhich is Z\lco .llie .f,outh:..;est corner o( tnt 10i tl':~nce
t 'on n line r.uil.liC!l \..ith the'odgiI161l':orrll linn,.&Jut.h 8Go'
\ 191 F...:~st 212~.7 f(!7t to. iln iron pi.~ in odg~~..'l l-~~t linn,. loAn...
1 (pil!3~Wg C:U1 ~r(}n pl.pc at 30.G feet); tl-nncC' \.IJt.h fiill.c1 E<1~t 111lC', 'lo <{C3
~ t l-!ort.lo 30 -11' \...~....~ 310.D C~t:!:: to an i::.-:\ i',..' l:l, .,' . nil'
, \ lina p.:rrallel. to origjj~ .o:orth line, ..::...:tr. ~,)o .i:J '. ~:":~I.., f..Jr'f
. .-2198.6 feet to a r:oint in the center line of said Drive ~l(
. t (passing em iron pi~ ,at 21GB feet); thence \'/ith thu ecrterlina
_"': of said Drive, South 90 27'.< Eas_t;, 319.11\ feat to the place
l of beginning c:u;d. ~~~tLlinin~ClereS, nore or less bnc1 subject. .
.... to all legal hign...ays. . . .. .' ff; .'
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EXHIBIT A
PARCEL 4WD < .
Situate in the State of Ohio, County of Franklin, Township of Perry and in the City of Dublin,
being part of Lot 10 in Quarter Township 2, Township 2, Range 19, United States Military Lands,
being part of the 15.43 acre tract conveyed to Carol L. Schlotterer by deed of record in O.R. 5351
H18 Franklin County Recorder's Office, lying on the right side of the centerline of construction for
S.R 257 made in 1994 for the City of Dublin for the improvement of the Hard Road intersection and
being more particularly described as follows:
- Beginning for reference at a railroad spike set at the southwest corner of a 14.93 acre tract of
I record in O.R 6572C15 Franklin County Recorder's Office and being at a point of tangent centerline
intersection of the centerline suIVey, dated 1939, of State Route 257 at Centerline Station 70+03.5
........ as delineated upon the State of Ohio Right-of-Way Plans S.H. 558, Section A. said point being
further located as being 1.38 feet left of said centerline construction (1994) station 70T03.87;
Thence N 110 31' 37" W a distance of 319.3 5 feet (passing a point of tangency of said
centerline SUIVey (1939), at a distance of141.88 feet) along the tangent line of said centerline SUIVey
(1939) of S.R. 257 to a point at the southwest corner of the Grantor's property and the TRUE
PLACE OF BEGINNING, said point being further located as being 9.04 feet left of said centerline
construction (1994) station 73+23.65;
Thence N 11031' 37" W a distance 0018.69 feet along the centerline SUIVey (1939) of - S.R.
257 and the westerly line of the Grantor to a point at the northwest corner of the Grantor;
Thence S 880 16' 17" E a distance of6O.61 feet (passing a point in the existing easterly right-of-
way line ofS.R. 257, at a distance of51.37 feet) along the north line of the Grantor and the south
line of a 1.098 acre tract conveyed to College Properties of North em Ohio, Inc. of record in O.R.
25815Dl8 Franklin County Recorder's Office to a point, being 50.00 feet right of Centerline
Construction Station 76+28.44;
Thence SIlO 32' 10" E, a distance of205.97 feet along the line of this parcel to a point;
Thence S 250 37' 13" E a distance ofl23 .28 feet along the line of this parcel to a point in the
south line of the Grantor;
Thence N 88024' 41 II W a distance of91.43 feet (passing a point in the existing easterly right-
lIll""'i!l\ of-way line of S.R 257, at a distance of 40.09 feet) along the south line of the Grantor and the north
line of the 14.93 acre tract to the TRUE PLACE OF BEGINNING, containing 0.470 acres, more or
less of which the present road occupies 0.366 acres, more or less.
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The Grantor claims title by instrument of record in O.R 05351H18 Franklin County Recorder's
Office.
Grantor, for himself and his heirs, executors, administrators and assigns, reseIVes the right of
ingress and egress to the residual area.
The bearings of the herein-described tract were based upon the grid bearing of
N 210 59' 12" E from the Ohio Coordinate System, South Zone, as detennined by field measurements
between Franklin County Engineer's Monuments Station FRANK 189, and Station FRANK 89. .
Auditor's Parcel Number 215-210.
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R. D. ZANDE & ASSOCIATES, INC. '<<
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Registered SUIVeyor No. 7191
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EXUIDIT B
PARCEL4T
TEMPORARY EASEMENr TO PROVIDE WORK SPACE to INSTALL A STORM SEWER
Situate in the State of Ohio, County of Franklin, Township of Perry and in the City of Dublin,
being part of Lot lOin Quarter Township 2, Township 2, Range 19, United States Military Lands,
being a strip o(land on, over and across the 15.43 acre tract conveyed to Carol L. Schlotterer by
deed of record in O.R. 5351 H18, Frankling County Recorder's Office, lying on the right side of the
centerline ofConstnJction for S.R. 257 made in 1994 for the City of Dublin for the improvement of
the Hard Road intersection and being more particularly described as follows:
- Beginning for reference at a railroad spike set at the southwest comer of a 14.93 acre tract of
record in O.R. 6572C15 Franklin County Recorder's Office and being at a point of tangent centerline
intersection of the centerline survey, dated 1939, of State Route 257 at Centerline Station 70+03.5
- as delineated upon the State of Ohio Right-of-Way Plans S.H. 558, Section A. said point being
further located as being 1.38 feet left of said centerline construction (1994) station 70+03.87;
Thence N 11031' 37" Wa distance of 319.35 feet (passing a point of tangency of said
centerline survey (1939), at a distance of141.88 feet) along the tangent line of said centerline survey
(1939) ofS.R. 257 to a point; said point being further located as being 9.04 feet left of said centerline
construction (1994) station 73+23.65;
Thence S 880 24' 41" E a distance of 60.62 feet along the south line of the Grantor and the
north line of the aforementioned 14.93 acre tract to a point;
Thence N 110 32' 10" W a distance of 112.58 feet along the southerly entension of the
proposed .~nsterly line of S.R. 257 to a point 50 feet right of Centerline Construction Station
74+22.47 and the TRUE PLACE OF BEGINNING;
Thence N 11032' 10" W a distance of 125.68 feet along the proposed easterly line of S.R. 257
to a point;
Thence along the line for this parcel the following two (2) courses:
1. S 85038' 49" E a distance of 5.20 feet to a point;
2. S11032' 10" E distance of 144.19 feet to a point in the proposed easterly right-of-way
line of S.R. 257;
- Thence N 250 37' 13" W a distance of20.55 feet along the proposed easterly right-of-way line
to the TRUE PLACE OF BEGINNING, containing 0.016 acres, more or less of which the present
- .... road occupies 0.00 acres, more or less.
The Grantor claims title by instrument of record in O.R. 05351 HI8 Franklin County
Recorder's Office.
The bearings of the herein-described tract were based upon the grid bearing ofN 210 59' 12"
E from the Ohio Coordinate System, South Zone, as determined by field measurements between
Franklin County Engineer's Monuments Station FRANK 189, and Station FRANK 89.
istered Surveyor No. 7191
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BM""jm\JIORY!~ESCI3~ 1 5P
loUy I, 1995
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