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066-92 Ordinance f RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 I Ordinance N 0 'um__uu6u6u~92uu Passed __n__m _m __uumumum____n m19um___ AN ORDINANCE TO APPROPRIATE A FEE SIKPLE INTEREST AND A TBKPORARY CONSTRUCTION EASBKENT IN A 29, 600 SQUARE FOOT PARCEL OWNED BY THE UNO-VEN COKPANY, LOCATED ON THE NORTH " SIDE OF BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN BKERGENCY t ..... 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 and a temporary construction easement in and to the premises described in the attached Exhibits "A", "B" and "C", located in the city of DUblin, state of Ohio. NOW, THEREFORE, BE IT ORDAINEt 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, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A", "B" and "C", is hereby appro- priated 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 appro- priated at Twenty-Two Thousand One Hundred sixty-Two and NO/100 f Dollars ($22,162.00), 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 161 IMPROVEMENT FUND for the of paying all costs incident to such acquisition. section 6. This ordinance is hereby declared to be an emergency ecessary 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 r ondition of an increased traffic flow on SR 161/Bridge street. herefore, this ordinance shall go into immediate effect. ........ J!1i day of ~L , 1992. 7 u/ C . is Ord~nance/Rlhollltioa were posted in the I hereby certify that copIes of ~ . 731 25 of the otIio Revised Code, City of Dublin in accordance With Sedlon ' O/7A~{!_(if~~ Clerk of Council, Dubhn, OhiO ~ CL ~ lerk of Council \ EXHIBIT "A" Revised April 22, 1991 1 Revised April 10, 1991 Revised February 18, 1991 Revised October 19, 1990 I DESCRIPTION OF 387.50 SQUARE FEET OF LAND WEST OF HIGH STREET, NORTH OF BRIDGE STREET DUBLIN, OHIO 1 Situated in the State of Ohio, County. of Franklin, City of Dublin, being 387.50 square feet of land out of lot 144 as the same is shown and delineated lr' upon the Record Plat of the Town of Dublin of Record in Deed Book 1, Page 193 1/2 and being further described in a Deed to the Uno-Ven Company, by Deed of Record in Official Record Volume 14425113 (all references to Volumes and pages of record in Recorder's Office, Franklin County, Ohio), said 387.50 square I feet of land being more particularly described as follows: Beginning at the southeast corner of said lot 144,at the intersection of the westerly right-of-way line of High Street and the northerly right-of- I way line of Bridge Street; Thence North 900 00' 00" West, along the south line of said lot 144, the I north ri ght-of-way of Bridge Street, (66') a distance of 20.00 feet to a poi nt; Thence North 00 00' 00" East, crossing saJid lot 144, a distance of 15.00 I feet to a point; Thence North 450 00' 00" East, crossing said lot 144, a distance of 7.07 , feet to a point; Thence North 900 00' 00" East, a distance of 15.00 feet to a point in the east line of said lot 144, the west line of High Street (66'); , Thence South 00 00' 00" East, along the east line of said lot 144, the west right-of-way of said High Street, a distance of 20.00 feet to the Place 'r" of Beginning, containing 387.50 square feet to land, more or less. Subject to all easements, restrictions and right-of-way of previous record. t- NOTE: For the purpose of this description a bearing of North 900 00' 00" West was assumed fort the north right-of-way line of Bridge Street and all other bearings calculated form this meridian. , The above description was prepared by Hockaden and Associates, Inc., Consulting Engineers from deed information only. , Hockaden and Associates, Inc. I~ ,., , \L / /tJ~ By: .... ;u.// // , " ~~Joseph R. Wolfel,fP.S. 4 t--",/ Regi s tered Surveyor No. 5634 ,.a'''''' It """" ,.,.\~ t 0 F "" .. '\ 0 " .:! ........ ~ "'. .. ,"" " ' , ! J.... ...'. JlJSEPH ",'. / \. j fI) :" R. ... a ~ ; ir ~ WOlFEl } ~ . . . '" . ~ : ~ : -0 S S ....4 <:l' : ~ ':f' ,u':' 4..... : ~ .... U' ...,~ I S i ~ ":." ~ .-: ", 1..1 '..:..".'. ~ ,,' . "'" Ii V E ,( ..... ,..... '.. .1" , ="~......>. 7 ,-. ":" '.' . . '" . "- . , I .. "B" I ! EXHIBIT I I Revised October 27, 1991 I Revised February 18, 1991 .'~'...'. ; R~vised October 19, 1990 i I. , , , I Description of a Permanent Walkway and Utility Easement North of Bridge Street, West of Hi9hlStreet Dublin, Ohio _ Situated in the State of Ohio, County of Franklin, City of Dublin, being a walkway and utility easement and a Temporary Right to Work Grant in lot 144 as shown and delineated upon the Recorded Plat of said Town of Dublin of Record in Deed Book 1, Page 193 1/2, and being further described in a Deed to the Uno-Ven Company, by Deed of Record in Official Record Volume 14425113 (all references to volumes and pages of Record in the Recorder's Office, Franklin County, Ohio), said walkway and utility easement a Temporary Right to Work Grant being more particularly described as follows: PERMANENT WALKWAY AND UTILITY EASEMENTS Beginning at the southeast corner of said lot 144; Thence North 90. 00' 00" West, along the southwesterly line of said lot 144, the northerly right-of-way of Bridge Street (66'), a distance of 165,00 feet to the southwesterly corner of said lot 144; Thence North O. 00' 00" East, along the westerly line of said lot 144, a distance of 6,00 feet to a point; Thence North 90. 00' 00" East, parallel with and 6,00 feet northerly from (as measured at right angles)' the northerly right-of-way of sa1d Bridge Street, a distance of 145,00 feet to a point: Thence North O. 00' 00" East, a distance of 9,00 feet to a point; , Thence North ~5. 00' 00" East, a distance of 7,07 feet to a point; Then'ce North 90. 00' 00" East. parallel with and 20.00 feet northerly from (as measured at right angles) the northerly right-of-way of said Bridge Street, a distance of 15,00 feet to a point in the easterly line of said lot 144, a point in the westerly line of High Street: Thence South O. 00' 00" East, along the easterly line of said lot 144, the westerly right-of-way of High Street (66'), a distance of 20,00 feet to The Point of Beginning, containing 1257,5 square feet of land, more or less, Purpose: For the purpose of constructing, using, and maintaining a walkway, street lighting and appurtenant works in said strip, including the right to repair and care for said walkway and street lighting, and access to said strip for said purpose. The above described purposed easement strip overlaps part of an existing easement. It is not the intent of said purposed easement to limit the use of the existing easement in any manner, I I I I i I I I i . , . ..I, ". . ; I 1-:, , , . ~ i I ',I '" .. ~. i I , : ! -. 1"" I ,-- ':.1, . I' ,. ~ ' 1,'1' ! . ~. .'" , " I "("- I' : I " . , 'I ',I ", .. I, , I . . .1 ' I , ! I , ' I ! . '. I ., . ", . I , . : " I!, ~ . I I : . I . ". ....'..'7- ...., . -. ........ ..... '. . .., .'.' ;'0', ... ." . / EXHIBIT "e" ,.1 TEMPORARY RIGIlT TO WORK GRANT " / .........,.. .,....'J Uno-Ven Company: of the City of Dub1 in, County of Frankl in, State of Ohio, as Grantors, for the sum of one dollar ($ 1.00) the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the City of Dublin, Ohio their respective employees, agents and contractors, as Grantees, the right and easement to enter upon property owned by Grantors whlch ls located at the northwest corner of High Street and Bridge Street, Dublin, Ohio and described in Offlcal Record Volume 14425 113, Recorder's Office, Franklin County, Ohlo, to construct and install on sald property the improvements to sald West Brldge Street, including but not limited to regrading for the construction necessary to complete the improvements as shown on the approved plan STREET AND STORM IMPROVEMENT for BRIDGE STREET (S.R, 161), on file in the Division of Engineering, City of Dublin, ~ Ohio and being a strlp of land located adjacent to and north of the northerly right-of-way l1ne of West Bridge Street, extending from centerline station 8+02 +/- to station 9+67 +/-, as delineated on sald street improvement plans and as shown on the attached exhlbit. The City of Dublin shall indemnlfy, defend and hold harmless sald Grantors form and agalnst any and all suits or claims by thlrd parties for personal injury as a result of work by the Clty of Dublin, as described in this grant. (a) This indemnlty does not cover any injuries or damages occurring after the completion of construction of the lmprovements by the City of Dublln or its agents or employees. (b) This indemnlty does not cover any injuries or damages arising out of the actions or inactions of owners or the actions or lnactlons of persons other than the City of Dublin or its agents or employees, i The rights granted herein will explre one hundrea elghty (lBO) days from the date of completion of the aforesaid improvements to ,sald Bridge Street (S.R, 161). I I I IN WITNESS WHEREOF, the Grantors have executed this Temporary Rlght To Work Grant on this day of , 1991,. i Signed in the presence of: : i I Witness: Grantors: . I I I I I STATE OF OHIO: SS BE IT REMEMBERED, that on this day of , 1991, before me, a notary public in and for sald State, personally appeared the Grantors in the foregoing Temporary Right To Work Grant, and acknowledged the slgning of the same to their free and voluntary act and deed for the purposes and uses thereln described. IN TESTI~UNY WHEREOF, I have hereunto subscribed my name and affixed mf official seas on the day and year last aforesaid. , I Notary Public 100191.1 I I . ",..., ."''''- . .... ./ . . . , , . , , I , ,. -:-:.:-:-: TEMPORARY RIGHT TO WORK GRANT Beginning at a point in the easterly line of said lot 144, said point being North 00 00' 00 East, a distance of 20,00 feet from the southeast corner " off said lot 144: i I Thence from said point of beginning North 900 00' 00" West, parallel with and 20,00 feet northerly from (as measure~ at right angles) the northerly right-of-way of said Bridge Street, a distance of 15,00 feet to a point, , I fill""'" Thence South 450 00' 00" West, a distan~e of ~,07 Feet to a point: Thence South 00 00' 00 West, a distance'oF 9,00 Feet to a point: , Thence North 900 00' 00" West, parallel w1t:h and 6.00 feet northerly from (as measured at right angles) the northerly right-oF-way of said Bridge Street. a distance of 145,00 feet to a point in the westerly line of said lot 144: Thence North 00 00' 00" East. along the said westerly line a distance of 4.00 Feet to a point: Thence North 900 00' 00" East, parallel with and 10,00 Feet northerly from (as measured at right angles) the northerly right-oF-way of said Bridge Street, a distance of 141.00 feet to a point; Thence North 00 00' 00" East. a distance of 5,00 Feet to a point: Thence North 450 00' 00" Ea~t, a distance of 12,73 feet to a point: Thence North 900 00' 00" East, parallel with and 24.00 feet northerly from (as measured at right angles) the northerly ~ight-oF-way of said Bridge Street, a distance of 15,00 Feet to a point in the easterly line of said lot 144, a point in the westerly right-oF-way of High Street; The~ce South 00 00' 00" East, along the easterly line of said lot 144, the westerly right-of-way of said High Street, a distance of 4.00 feet to the point of beginning, containing 688 square feet of land, more or less, Purpose: To construct and install on said property the improvements to said West Bridge Street, including but not limited to regarding for the construction necessary to complete the improvements as shown on the approved plan STREET AND STORM IMPROVEMENT For BRIDGE STREET (S,R. 161), on file in the Division of Engineering, City of Dublin, Ohio, ~ 'i i I I .1 ,,' . i " I 1 , i , , . , "- , . ~-