24-96 Ordinance
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". " . RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
24-96 Passed_n____ .____m____n____n______ mHn_____ 19______
Ordinance NO.mn________n____
AN ORDINANCE '1'0 APPROPRIATE A TEMPORARY
CONSTRUCTION EASEMENT AND A GENERAL UTILITY
EASEMENT IN A 1.000 ACRE '!'RACT 01fHED BY
LAWRENCE CLEMENTE AND SUSAN CLEMENTE, LOCATED
....... ON THE SOUTH SIDE OF BRAND ROAD AND WEST SIDE
OF ASHBAUGH ROAD, IN THE CITY OF DUBLIN,
COUN'l'Y OF FRANKLIN, STATE OF OHIO, AND
........ DECLARING AN EMERGENCY
WHEREAS, the city of Dublin has required the developer of
Bristol Commons to install a left turn staCking lane on Brand
Road as a condition of zoning.
WHEREAS, said improvement will require the city of Dublin to
obtain a temporary construction easement and a general utility
easement in and to the premises described in the attached
Exhibits "A", "B" and "C", located in the city of Dublin,
County of Franklin, state of Ohio.
NOW, THEREFORE, BE IT ORDAI~D 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 general
utility easement in and to the premises located in the city of
Dublin, County of Franklin, State of Ohio, and more fully
described in the legal description attached hereto as Exhibits
"A", "B" and "C", is hereby appropriated for the public
purpose of improving Brand Road, pursuant to Ohio Revised Code
.''''''"'''l\ Chapter 163 and the Constitution of the State of Ohio.
Section 2. council hereby fixes the value of the interest
.......,,,., appropriated at Two Thousand and Nine Hundred and Five dollars
($2,905.00), 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. 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 construction of a left turn
stacking lane on Brand Road is necessary due to recent
"""""'" residential development adjacent to Brand Road. Therefore,
this ordinance shall go into immediate effect.
.......
, 1996.
\ I 'f cerffy thot copies of this Ordjnanw\td~lat'oft ~~re po.sted'ri t,
bit'" Dublin in accordance wit" Section 731.25 of the 0,110 ReVised Cad'I
ATTEST: ~ ~,., (lJ-:~
~ {j :h ~ '!J.rli .f Co.oo" D.bl,", DIll.
Clerk of Counci
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ElIHI8lT A
TEMPO Y RIGHT TO WORK EASEMENT
EST OF ASHBAUGH ROAD
SOUTH OF BRAND ROAD
ITY OF DUBLIN, OHIO
Situated In the tate of Ohio, County of Fr~nklin, City of
Oub~1n, Virginia Hi1it ry Survey No. 2544, beIng a temporary right
to work ~a&ement locat d in that 1.000 acre tract as deBcr1b~d 1n
a ~eed to Lawrence C emenl:e and Susan Clemente, of record 1n
Off cia1 Record Volum 26995 D16, Recorder's Office, Franklin
cou~ty, Ohi 0, said te orary r 19ht to work easement be Ing more
par icularly described .s follows:
- ~ ",'nn'n. .t . p. nt ln t.. ...t.xly lln. .f ..,, 1.000 ...,
tra t, at the southwes erly corner of a proposed qeneral utility
eas ment, beinq locate South 20 44' 30" Kast, 41.15 teet from the
"'!'OW nor hwesterly Corner 0 .ald 1.000 acrs tract, .
i T'.n., South 77. .' 51. ...t, .l.n. t.. .out...ly lln. of
Bai general uti11ty ea emsnt, a distance of 155.29 feet to a poInt
In he e.sterly lIne 0 saId 1.000 acre tract;
I Thence South 20 44' 30" East, along the easterly lIne of said
1.0 o .cre tract, a dl tance of 10.37 ~eet to .. poInt,
Thence North 770 18' 51" West, along a line 10.00 het
sou herly of and para! el to the southerly 11ne of said propoeed
gen rel utility e..eme t, 8 dist.nce of 155.29 feet to a point in
the westerly 11he of s Id 1.000 ac~e tract;
Thence North 20 ~~, 30" West, along the w.sterly line of 5.id
1. 0 0 acre tract, IS lst.nee of 10.37 feet to the place of
beg nnln9 and containi an ar.a of 1,552 square feet,
The bearing refer nee for this descr Iption 18 the Aame ..
del neated in a deed t Lawrence Clemente and SUAan Clemente, of
"cr' ln offlotol '0 0" Volume 26995 016, Recorder's OffIce,
Fr. kIln county, Ohio.
HOCKADEN AND ASSOCIATES, INC.
,... ~t~"iL Izo/f/,
John L. Prlce
Re91st.red Surveyor No. 7159
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082 92.2
revi ed
0129 6.1
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DIDBlT B
DESCRIPTIO OF A GENERAL UTILITY EASEMENT
ST OF ASHBAUOH ROAD
SOUTH 01" BRAND ROAD
CITY OF DUBLIN, OHIO
Situated in the tate of Ohio, County of Franklin, City of
Dublin, Virginia Mllit ry Survey No. 2544, being a general utility
- ea~ement 1ocate~ 1n th t 1.000 acte tract a. described in a deed to
Lalia.c. Cla...t. a.d u.a. Cl....t., .f r.cord ,. Offlc'al ..cord
Vo ume 26995 016, Rec rder'. Office, Franklin County, Ohio, saId
~ ge era1 ut1l1ty ease nt beIng more partIcularly described as
fo lows l
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J Beginning at - poInt in the westerly line of ..id 1.000 acre
b: ct, in the .outher y riqht-of-way Une of Brand Road, beIng
10 ated South 20 .e..' 0" East, 30.86 f..t from the northwesterly
co ner of ..id 1.000 a re tractl
Thence South 79. 9 I 30" Ea.t, along .aid right-of-way line,
ng 30.00 feet south r1y of and parallel to the northerly 11ne of
d 1. 000 acre tr ac , the centerline of said Brand Road, a
tane. of 154.00 fe t to a point in the .a.t.rly line of ..id
00 licxe tract;
Thence South 2. .. I 30" East, along the easterly line of said
00 acre tract, a lstance of 15.43 feet to a poInt, being
ated 45.00 feet . utherly of and at right an91es to th!!J
terlin. of said Bra d Roadl
Thence North 77. 8' 51" West, crossing said 1.000 acre tract,
a lstance of 155.29 f et to a point In the westerly line of said
1. 00 acre tract, b!!Ji 9 located 40.00 f.et .outherly of and at
Xl ht angles to the ce terline of said Brand Road1
Thence North 2- 4 I 30" west, along the weet!!Jrly line of said
00 aer. tract, .. distance of 10.29 feet to the place of
inning and contalni 9 an area of 1,925 square f!!Jet;
The beating refe ence for this description Is the !lame as
ineat!!Jd in a deed o Lawrence Clemente and Susan Clemente, of
.-.. ord in Official R 'cord Volume 26995 D16, Recorder'. Office,
r nklin County, Ohio.
HOCKADKH AND ASSOCIATES, INC.
.... Consulting Engineers
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· SENT BY:Xerox Teleeopier 7020, - - ,. ,
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. " 'HQCKADE AND ASSOCIATES I INC.
NSULTING ENGINEERS
883 N. CASSADY AVENUE
COlUMBUS, OHIO 43219 (614) 252-0993
XHIBlr c
SITUATED IN THE 5TATE r: OHIO COUNTY OF' FRRNKLllt .CoITY OF DU8l1N.
V\P.CrINIA Mn..ITAR'f '5URVEV Nil. 25~4t8EJN{' A G-E.NERAL UTILITY ERSl:.MENT
AND TEMPORARY F\lG-HT TO ORK EAS MENT LOCATED IN THAT 1.1I00 ACRE
TRACT; R~ 1)E.~C.RIBEt> IN 1>EED i() LR~R'E.HCE CLE.MENTE AKO SU5flN
CLEW\E.N.T~ar RECORD I~ FFIC.IAL RECORD VOLUN\~ 2"'''~S U It...
RE(OROE:K-~ OF'F"ICE. FRA KLlN COUNTY ~DUI{).
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