77-95 Ordinance
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"\ RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.-- ____7_7_~9_5___ Passed------- --------------------------------- __19______
AN ORD:INANCE TO APPROPR:IATE A FEE S:IMPLE :INTEREST
AND A TEXPORARY CONSTRUCT:ION EASEMENT :IN A 27.778
ACRE TRACT OWNED BY DEBORAH J. MCCULLOUGH LOCATED ON
THE EAST S:IDE OF STATE ROUTE 257 :IN THE C:ITY OF
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DUBLIN, STATE OF OH:IO, AND DECLAR:ING AN EXERGENCY
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 OR~:INED by the council, of the city of
Dublin, state of Ohio, 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 Five Thousand Three Hundred Dollars
__ ($5,300.00), 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 :IMPROVEXENT 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.
'- Passed this 7th day of ~ ' 1995.
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g . .....l!Qfflfy .naf co!"es of tIllS Ora:nance/Re:.ofuliblf were posted iF the
a" of iJtIli.nn ill atWdOflce with Section 731.25 of the Ohio Revised (o~e.
ATTEST: ~ C-~~
~ & ~ ct"k .f C."",,1. Dulin.. Ohr.
Clerk of council
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: c..<HIBIT A t ~: - 0'
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Premi3es situated in the State of Ohio, in the County of Franklin, . < I ~
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and in the Village of Dublin, and bounded and described as follows: i' .;. .
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Being in Quarter Township 2, Town.hip 2, Range 19, United States ~ .' ,
Hi 11 ta ry I,ands, and being' part of the 60 Acre Tract, lea. exceptions, ..
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~ conveyed to Jeanne H. Mooney by Certificate of Transfer or record in ,
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I Deed Book 2778, page 44, record. of the Recorder's Office, Franklin !
County, Ohio and being more particularly described aa follows: <..
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- f Beginning at a point in the east lin~ of said tract said point
being S O. 20' E 393 feet from the northeast cornerl thence S 00. I
f 20' 00. E~5 feet with the east line of said tract to the aouth- "
t east corner t ereof, thence N 89. 53' 00. W 1528.31 feet with the i
south line of said tract, thence N 01. 30' 00. W 169.56 feet with a . ,
t west line of said tract, thence S 89- 50' 54- W 518.53 feet to a ! .
r point in the right of way of Riverside Drive (80.00 feet width) said v~ ~ .i;
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i poin~ being 1.50 foet east of the centerline of Riverside Drive,
then~e N 01- 54' 00. ~419.0~ feet 1.~0 feet east of and par~llel to
II the centerline of Riverside rive, thence N 87. 35' 00. E 2063.06 rfj( .; .
.. feet to the p13ce of beginning' containing 27.778 acre. and subject
~ to the right of way of Riverside Drive (SR 257) and other easements ~{f
, and restrictions of record.
. The above description vas prepared by Charles D. McJunkin, Ohio
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I Registered Surveyor No. 5717 of The JenningS-Lawrence Co. j
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EXBIDIT A
PARCEL lWD
Situate in the State of Ohio, County ofFrank1in, Township of Perry and in the City of Dublin,
and being in Quarter Township 2, Township 2, Range 19, United States Milital)' Lands, being part
of the 27.778 acre tract conveyed to Deborah I. McCullough by deed of record in O.R. 4216 014,
Fran1c1in County Recorders 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 comer of a 14.93 acre tract of
record in OR 6572 CIS 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 SOl. II' 23" W a distance of392.79 feet (passing a point of tangency of said centerline
- survey (1939), at a distance ofl41.88 feet) along the tangent line of said centerline survey (1939) of
S.R. 257 to a point; said point being further located as being 9.37 feet left of said centerline
construction (1994) station 66+10.62;
Thence S 890 19' 54" E, a distance of9.37 feet to the northwest comer of the Grantor at
Centerline Construction Station 66+10.72 and the TRUE PLACE OF BEGINNING;
Thence S 89" 19' 54" E a distance of62.61 feet (passing a point in the existing easterly right-of-
way line of S.R. 257, at a distance of 40.63 feet) along the north line of the Grantor and the south
line ofa 18.662 acre tract as conveyed to Kenneth V. Gatto and Nancy Henceroth-Gatto of record
in O.R. 04558 A04 Franklin County Recorder's Office;
Thence S 02049' 01" W a distance ofl61.33 feet along the line for this parcel to point;
Thence S 10. 16' 31" W, a distance of 50.64 feet along the line for this parcel to point being
50.00 feet right-of-Centerline Construction Station 64+00;
Thence SOlO 10' 50" Wa distance of209.83 feet along the line for this parcel to a point in the
south line of the Grantor;
Thence N 87" 02' 20" W a distance of 50.02 feet (passing a point in the existing easterly right-
of-way line ofS.R. 257, at a distance of9.44 feet) along the south line of the Grantor and the north
line ofa 2.016 acre tract to a point in said Centerline of Construction ofS.R. ~57 at the southwest
, comer of the Grantor;
....... Thence NOlo 10' 50" E, a distance of 418.98 feet along the westerly line of the Grantor being
in said Centerline of Construction of S.R. 257 to the TRUE PLACE OF BEGINNING, containing
0.525 acres more or less of which the present road occupies 0.391 acres more or less;
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The Grantor claims title by instrument of record in O.R. 04216 G14 Franklin County
Recorder's Office.
Grantor, for himself and his heirs, executors, administrators and assigns, reserves the right of
ingress and egress to the residual area.
The bearings of the herein-described tract were based upon the grid bearing ofN 21. 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.
Auditor's Parcel Number 215-774.
R. D. ZANDE & ASSOCIATES, INC.
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\ Registered Surveyor No. 7191
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\ May" 1995
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EXUmrr B
I PARCEL IT
TEMPORARY EASEMENT FOR CONSTRUcrION OF A STONE WALL
Situate in the Slate of Ohio, County ofFranldin, Township ofPcrry and in the City of Dublin,
and being in QuItter Township 2, Township 2, Range 19, United States Mi6tary Lands, being a strip
of land on, over and across the 27.778 acre tract conveyed to Deborah J. McCullough by deed of
record in O.R. 4216 Gl4, Franklin County Recorder', Office; lying on the right side ofthe 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 u follows:
Beginning for reference at a railroad spike set at the southwest comer of a 14.93 acre tract of
! record in O.R. 6572 C15 Fran1cJin County Recorders Office and being at a point of tangent centerline
.. intersection of the centerline survey, dated 1939, of Slate 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 u being 1.38 feet left of said Centerline Construction (1994) Station 70+03.87;
. Thence S 1. II' 23" W a distance of392. 79 feet (passing a point of tangency of said centerline
survey (1939), at a distance of 141.88 feet) along the tangent line of said centerline survey (1939) of
S.R. 257 to a point; said point being further located as being 9.37 feet left of said (1994) Station
. 66+10.62;
Thence S 89. 19' 54" E, a distance of 71.98 feet (passing a point in said centerline of
construction, at the northwest comer of the Grantor at a distance of9.37 feet. and passing a point
. in the existing easterly right-of-way line ofS.R 257 at a distance of50.oo feet) to a point being 62.61
feet right of Centerline Construction Station 66+11.27 and the TRUE PLACE OF BEGINNING;
Thence S 89"' 19' 54" E a distance of29.70 feet along the north line of the Grantor and the
-- south line ofa 18.662 acre tract as conveyed to KeMeth V. Gatto and Nancy Henceroth-Gatto of
record in O.R. 04558A04 Franklin County Recorder's Office to a point;
-- Thence along the line for this parcel the following three (3) courses:
1. S OS" 06' II" W a distance of 162.63 feet to a point;
. 2. S 10" 16' 31" W a distance of 125.87 feet to a point;
3. N 88" 49' 10" W a distance of 11.29 feet to a point in the easterly line of S.R. 257; being
50.00 feet right of Centerline Construction Station 63+25;
. Thence along the proposed easterly line of S.R. 257 the following three (3) courses:
..... 1. N 01. 10' 50" E a distance of75.00 feet to a point;
... 2. N 10" 16' 31" E a distance of 50.64 feet to a point; - .
3. N 02. 49' 01" E a distance of 161.33 feet to the TRUE PLACJ; OF BEGINNING,
containing 0.155 acres more or less.
The Grantor chums title by instrument of record in O.R. 04216G14 Franklin County Recorder's
Office.
The bearings of the herein-described tract were bued upon the grid bearing of
N 21. 59' 12" E Iiom the Ohio Coordinate System, South Zone, u determined by field measurements
between Franklin County Engineer's Monuments Station FRANK 189, and Station FRANK 89.
R. D. ZANDE '" ASSOCIATES. INC.
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"I\~I Registered Surveyor No. 7191
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