067-92 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance No.. ____.n67.~9.2.._ Passed.__n , ..n..___.. _________n .19_____
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION I
EASEMENT IN A 6,000 SQUARE FOOT PARCEL OWNED
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BY R.C. SMITH, LOCATED AT 32 WEST BRIDGE
~ STREET, IN THE CITY OF DUBLIN, STATE OF OHIO,
AND DECLARING AN EMERGENCY
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........ 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 Exhibits "A" and "B", located in the city of Dublin,
state of Ohio.
NOW, THEREFORE, BE IT ORDAINE2 by the Council of the city of
Dublin, state of Ohio, A 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" and "B", 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 Two Thousand One Hundred and NO/100 Dollars
r ($2,100.00), which sum shall be deposited with the Franklin County
Common Pleas Court for the use and benefit of the owners of the
~ property appropriated. Upon such deposit, the City of Dublin
shall take possession of and enter upon the property pursuant to
law.
section 3. council finds that the appropriation is necessary for
the stated purpose, that the city has been unable to agree with
the owners of the property, and that the city intends to obtain
immediate possession of the property.
section 4. The City Law Director is directed to file a petition
for appropriation in the Franklin County Common Pleas Court, to
have a jury impaneled to assess the compensation to be paid for
the real estate herein described above.
section 5. The funds related thereto have been previously
appropriated within the STATE ROUTE 161 IMPROVEMENT FUND for the
purpose of paying all costs incident to such acquisition.
section 6. This ordinance is hereby declared to be an emergency
necessary for the immediate preservation of the public health,
safety and welfare. The reason for such necessity is that the I
rompt improvement of SR 161/Bridge street is necessary due to the
",... condition of an increased traffic flow on SR 161/Bridge street.
herefore, this ordinance shall go into immediate effect.
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this day of ~ , 1992.
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Off icer I hereby ~ertifv that co,,;es of t"is Ord:nance/-Rt:)uh,fioR were posted in the
I City of Dublin in accordance with Section 731.25 of the OtIio Revised Code.
~c1. (1-1 ~
Clerk of Council. Dublin, Ohio
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:; EXHIBIT "A"
TEMPORARY RIGHT TO WORK GRANT
R.C. Smith: of the City of Dublin, County of Franklin, State of Ohio, as
Grantors, for the sum of one dollar ($ 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 which is located at 32 West Bridge
Street, Dublin, Ohio and described in Deed Book 2706, Page 39, Recorder's Office,
Franklin County, Ohio, to construct and install on said property the improvements
to said West Bridge Street, including but not limited to regrading for the
construction necessary to comp 1 ete 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 Ten (10) foot strip
located adjacent to and north of the northerly right-of-way line of West Bridge
Street, extending from centerline station 7+37 +/- to station 7+67 +/-, as
delineated on said street improvement plans and as shown on the attached exhibit.
The City of Dublin shall indemnify, defend and hold harmless said Grantors
form and against any and all suits or claims by third parties for personal injury
as a result of work by the City of Dublin, as described in this grant.
(a) This indemnity does not cover any injuries or damages occurring after
the completion of construction of the improvements by the City of Dublin or its
agents or employees.
(b) This indemnity does not cover any injuries or damages arising out of
the actions or inactions of owners or the actions or inactions of persons other
than the City of Dublin or its agents or employees.
The rights granted herein will expire one hundred eighty (180) days from
the date of completion of the aforesaid improvements to1said Bridge Street (S.R.
161). I
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IN WITNESS WHEREOF, the Gran tors have executed thi s T Jmporary Ri ght To Work
Grant on this day of , ~991. :
Signed in the presence of: I !
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Witness: Gran tors: I
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STATE OF OHIO : SS
BE IT REMEMBERED, tha t 011 th i s day of , 1991,
before me, a notary public in and for said State, persona 11 y appeared the
Grantors in the foregoing Temporary Right To Work Grant. and acknowledged the
signing of the same to their free and voluntary act and deed for the purposes and
uses therein described.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seas on the day and year last aforesaid.
Notary Public
100191. 1
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~/ " ~." " EXHIBIT "B" ..
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.; Revised February 18, 1991
'r; " : Revised October 19, 1990
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. . ~; ; Description of a Walkway and Utility Easement
.West of High Street, North of ~ridgeiStreet
, ' Dublin, Ohio '
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"""..,.. Situated in the State of Ohio. County of ~ranklir' City of Dublin, being
a six (6) foot wide walkway a"d utility easement out of that tract of land as
, " conveyed to R~ C. ,Smi th'o f Record in Deed 800k 270~, Page 39, Recorder's
Office, Frllnk1irj County, Ohil), said six (6) foot wide walkway alld utility
easement being more particularly described as follows:
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Beginning at the southeast corner of sai~ tract;
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Thence Westerly, along the southerly line of s~id tract, the northerly
right-of-way of Bridge Street (66'), a distance of 30.00 feet to the southwest
corner of said tract;
Thence Northerly, along the westerly line of said tract, a distance of
6.00 feet to a point;
Thence Easterly, parallel wll:h and 6.00 feet northerly from (as measured
:! : at right lingle), the southerly line of said tract, a distance of 30.00 feet
"..; to a point in the easterly line of said tract;
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.... Thence Southerly, along the easterly line of said tract. a distance of
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I 6.00 feet to The Point of Beginning, containing 180 square feet of land, more
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, ' Purpose: ,
For the purpose of constructing, using, and ma inta i ni ng a wa 1 kway,
street li~hting and appurtennnt works in said strip, including the right to
repair and care for said walkway and street lighting, and access to said strip
for sqid purpose.
The above described purposed easement strip overlaps part of an existing
easement. It is not the intent of said proposed easement to limit the use of
the existing easement in any manner.
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