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060-92 Ordinance ~'~ -\ ~ . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.____n_6_0_..!t2._ Passed-..-------- un ------------. ,-- __.___19.._. AN ORDINANCE TO APPROPRIATE A .364 ACRE FEE SIMPLE INTEREST IN A 4.083 ACRE TRACT OWNED BY DALE PROPERTY COMPANY, LOCATED ON THE NORTH SXDE OP SR 161, XN THE CITY OP DUBLIN, ,. STATE OP OHIO, AND DECLARING AN EMERGENCY r ~ WHEREAS, the city of Dublin is preparing to improve SR 161/Bridge \. street; and, WHEREAS, said improvement will require the city of Dublin obtain- ing 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~D by the Council of the City of Dublin, state of Oh1o, If 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 Twenty-Eight Thousand One Hundred Thirty-Five and NO/100 Dollars ($28,135.00), 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 "\,r.. 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 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 I ondition of an increased traffic flow on SR 161/Bridge Street. herefore, this ordinance shall go into immediate effect. ,... assed this )t!f4 ~ day of , 1992. ... ~/ . lnQnte~1u1lull weft po~ted i the b mfv mat (Op~es of t"IS or~ 73\ 25 of the Ohio leVlsed ( de. l bfre y ce 'm Sedlon . Gty of Dublin in attordante WI ~ c.l. ~ -=---br Ohio ~ (2. - Clerk of (ounti\, Ou m, lerk of Council ~~"-"''''''--- ~- q' . I EXHIBIT "A" l1li DESCRIPTION OF 0.364 ACRE OF LAND ~ NORTH OF STATE ROUTE 161 EAST OF DALE DRIVE CITY OF DUBLIN, OHIO III[ Situated in the State of Ohio, County of Franklin, City of ~ Dublin, Third Quarter of Townahip 2 North, Ranse 19 West, United States Kilitary Lands, beins a 0.364 acre tract of land all out of that 4.083 acre tract as described in a deed to Dale Property .. COllpany, of record in Official Record Volulle 06724 116, (all ~ references to deed book and official record volulle are of record in the Recorder's Office, Franklin County, Ohio), said 0.364 acre tract beins lIore particularly described as follows: ~". Besinnins at a point in the centerline of State Route 161, at the southwesterly corner of said 4.083 acre tract, at the \.... southeasterly corner of that 5.008 acre tract as described in a __ deed to Dale Property Co. of South Florida, of record in Deed Book 3773, Pase 587, said point beins located South 840 29' 15" East, . 96.45 feet froll the centerline intersection of Dale Drive and said State Route 161; _ Thence North So 30' 45" East, alons the westerly line 0 f said ~ 4.083 acre tract, the. easterly line of said 5.008 acre tract, a distance of 56.00 feet to a point; , II Thence South 840 29' 15" East, crossins said 4.083 acre tract, parallel to and 56.00 feet northerly froll (as measured at risht anIle) the centerline of said State Route 161, a distance of 282.94 feet to a point in the easterly line of said 4.083 acre tract, in the westerly line of that 4.210 acre tract as described in a deed Q to Wendy's International, Inc., of record in Deed Book 3440, Pase . 828; Thence South 40 54' 45" West, alons the easterly line of said II 4.083 acre tract, the westerly line of said 4.210 acre tract, a distance of 56.00 feet to a point in the centerline of said State Route 161, at the southeasterly corner of said 4.083 acre tract; 'Thence North 840 29' IS" West, alons the centerline of said State Route 161, the southerly line of said 4.083 acre tract, a distance of 283.53 feet to the place of besinnins and containins 0.364 acre of land, of which 0.274 acre, lIore or less, lies within the risht-of-way of State Route 161; ~ For the purpose of this description a bearins of Horth 840 29' . 15" West was used on the centerline of State Route 161 and all other bearinss then calculated froll this Keridian. ~ This description was prepared from deed inforllation only. ,,,,,,,,..,,<<..,""....,,.... , <,<.... :'\€.. OF 0',,, HOCKADEN AHD ASSOCIATES, IHC. II I .\":.........._._~..,0'/ "", ConsultinS Ensineers c., .- ... "0' ~ 12 ~ ',/ JO! rrJ .\ \. /1"'1 L V~ \ Cf ~ ~f91 i -0 I rn:';c I f..l':' ~ . !:rl \ J 6] John L. Price \q,..,.~(.. 715~ <:>./,;.......$ Professional Surveyor No. 7159 ~... ~ ""~/3rl::.~~." .~. '/ "", .s' .., ............. \j <(" +". ""::/0 N ^ L S ...,.,:. . - ~ ",,,,",,..,"1" II 042291.3 . II r