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059-92 Ordinance . .., ... -- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.__ ____.59_..92_._ Passed_mm_n._ 000.000_..__00. ____1900 AN ORDINANCE TO APPROPRIATE A .321 ACRE FEE SIMPLE INTEREST IN A 4.210 ACRE TRACT OWNED BY WENDY'S INTERNATIONAL, INC. , LOCATED ON THE NORTH SIDE OF SR 161, IN THE CITY OF ,... DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY ~ ...... WHEREAS, the City of Dublin is preparing to improve SR 161/Bridge street; and, WHEREAS, said improvement will require the City of Dublin obtaining a fee simple interest in and to the premises described in the attached Exhibit "A", located in the city of Dublin, state of Ohio. NOW, THEREFORE, BE IT ORDAIN~y the Council of the city of Dublin, state of Ohio, of the elected members concurring that: Section 1. A fee simple interest in and to the premises located in the City of Dublin, State of Ohio, and more fully described in the legal description attached hereto as Exhibit "A", is hereby appropriated for the public purpose of improving SR 161/Bridge street, 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-Five Thousand six Hundred Eighteen and NO/100 Dollars ($45,618.00), which sum shall be deposited with the r 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 I 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 161 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 rompt improvement of SR 161/Bridge Street is necessary due to the condition of an increased traffic flow on SR 161/Bridge Street. r herefore, this ordinance shall go into immediate effect. J i-tL. mT '- assed this day of , 1992. -J / ~ --- . .~~ . I I · I' .1 I hl!rf!!bv ~I!rt;fv thnt ,"o"IM of ''':5 Or~lna"ce Reso ulivn w~re p~s. .- C1ty of Dublin in accordance with Section 731.25 of the OhIO ReVIsed CoJa. ~ C!. (}~ Clerk of Council, Dublin~ OhiQ " ~,. ....... ';. ... ~... "'''''C,", , ~........ ~lJ . k ,..JIIJ .LA",,'*"",'''',_'.._"':''iI!i .-.,--'-'--'--------- . " . . r ;J -. I EXHIBIT nAil i l DESCRIPTION OF 0.321 ACRE OF LAND HORTH OF STATE ROUTE 161 EAST OF DALE DRIVE CITY OF DUBLIH, OHIO , Situated in the State of Ohio, County of Franklin, City of Dublin, Third Quarter of Township 2 Horth, Rance 19 West, United States Military Landa, beinc s 0.321 acre tract of lsnd all out of , thst 4.210 acre tract as described in a deed to Wendy's Internstionsl, Inc., of record in Deed Book 3440, Pace 828, (all references to deed book and official record volume are of record in the Recorder's Office, Franklin County, Ohio), said 0.321 acre tf.4 tract beins more particularly described as follows: Beeinnine at a point in the centerline of State Route 161, at the southwesterly corner of aaid 4.210 acre tract, at the ",",.". southeasterly corner of that 4.083 tract as described in a acre , deed to Dale Property Company, of record in Official Record Volume 06724 El6, said point beine located South 840 43' 02" East, 379.98 feet from the centerline intersection of Dale Drive and said State Route 161; ,- Thence Horth 40 54' 45 .. East, alone the westerly line of said 4.210 acre tract, the easterly line of said 4.083 acre tract, a distance of 56.00 feet to a point; , , Thence South 840 29' 15" East, crossine said 4.210 acre tract, psrallel to and 56.00 feet northerly from (as measured at rieht anele) the centerline of said State Route 161, a distance of 250.00 feet to a point in the easterly line of said 4.210 acre tract; I Thence South 40 54' 45" Weat, alonc the easterly line of said 4.210 acre tract, a distance of 56.00 feet to a point in the centerline of said State Route 161, st the southeasterly corner of said 4.210 acre tract; I" Thence North 840 29' 15 .. West, alonc the centerline of said State Route 161, the southerly line of aaid 4.210 acre tract, a distance of 250.00 feet to the place of becinninr; and containinc , 0.321 acre of land, of which 0,204 acre, more or less, lies within the right-of-way of State Route 161; For the purpose of this description a bearinr; of North 840 29' 15 " West was used on the centerline of State Route 161 and all ~ other bearincs then calculated from this meridian. This description was prepared from deed information only. ..."....,'"."",,, I'" ..........; E. 0 F ~.~~...... ~ ~~...._H.HHH...~ /Yo/. ...."\ HOCKADEN AND ASSOCIATES, INC. r JOliN '-0 , Co sultinr; Enr;ineers '* L )* \ ~ II -u PRlGE J ~ 22 9/ ::p cr. i ~ -:?~ 7159 .Q/ 2~ John L. Price ~ '" G ?-~.., 'tJ. Professional Surveyor Ho. 7159 0' ",. 'STE. .... .\ ..< 0' .....H_....... '('- ~ - ION A L '0'0.......... """,..,,,,,,..tI"""'\\ I I I 042291.1 , I . -.}