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89-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Norm No. auua3 Ordinance No.------89-98-- -- Passed-- ---- --- -------------------------------------19- --- AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST FROM THE THOMAS FAMILY LIMITED PARTNERSHIP, CONSISTING OF 6.6832 ACRE, MORE OR LESS, LOCATED ON THE NORTH SIDE OF I-270 AND THE EAST SIDE OF THE SCIOTO RIVER, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin intends to construct the Scioto River Bridge in the City of Dublin, Ohio; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio. NOW, THEREFORE, BE IT ORDAINED by 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, Franklin County, State of Ohio, and more fully described in the legal description attached hereto as Exhibit "A" is hereby appropriated for the public purpose of constructing the Scioto River Bridge, 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 Seven Hundred Fifty Five Thousand Six Hundred Ninety Seven Dollars and 00/100 Cents ($755,697.00) which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated as their interests may appear. 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 as to appropriate compensation, 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 Capital Improvement Tax Fund for the purpose of paying all costs incident to such acquisition. Section 6. This Ordinance shall take effect and be in force on the earliest date permitted by law. day of„~~,.~~~.r.~ti~~+'~ , 1998. Officer I hereby certify that copies of this Ordinancelltesolution were City of Dublin in accordance with Section 731.15 of the Obio F ATTEST: ~9ss~: Clerk Council; Dublin, Ohio a Clerk of Council in the Code. EXHIBIT ~A -PARCEL 1 WD CITY OF DUBLIN, OHIO -EMERALD PARKWAY - SCIOTO RIVER BRIDGE THE THOMAS FAMILY LIMITED PARTNERSHIP DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY FOR EMERALD PARKWAY Situated in the State of Ohio, County of Franklin, City of Dublin, being part of Quarter Township 2, Township 2 North, Range 19 West, of the United Slates Military District, and being part of the residue of a 61.294 acre tract of.land conveyed as First Tract and Second Tract to The Thomas Family Limited Partnership by deeds of record in Official Record 17716 E17, 17716 F15, and 17716 F06 all of the Franklin County Recorder's Office, and also being part of a 8.350 acre tract conveyed to the The Thomas Family Limited Partnership by deeds of record in Official Record 17716 H02, 17716 G19, 17716 G16, 17716 G13, 17716 G10, 17716 G07, and 17716 G04, and being more particularly described as follows: Beginning, for reference, at the centerline intersection of Riverside Drive (State Route 257) and Interstate Route 270, as shown on Sheet 22 of 24 of ODOT right-of-way plans FRA-270-7.47 N; thence N 09° 28' 38" E, 105.37 feet to a PK nail set at the northerly Limited Access (LA) line of 1-270 and being the true point of beginning of the trail described herein; Thence S 81° 06' 28" W, along the said northerly l1~ line, 354.38 feet to the low water mark of the easterly bank of the Scioto River being the westerly line of the said 61.294 acre tract, passing an iron pin set at 200.00 feet; Thence northerly with the said westerly line of the 61.294 acre tract being the said low water mark as determined in tl~e field on May 6, 1998, the following four courses: 1) N 13° 14' 43" W, 195.40 feet to a point; 2) N 05° 27'35" W, 150.37 feet to a point; 3) N 32° 46' 42" W, 98.65 feet to a point; 4) N 17° 14' 51" E, 78.43 feet to a point in the northerly line of the said 61.294 acre tract and the southerly line of a tract conveyed to Charles T. Carmichael and Cathy I. Carmichael by deed of record in Deed Book 3736, Page 433; ,,,",,,, Thence S 89° 55' 29" E, along the said northerly and southerly lines, 335.54 feet to an iron pin set, passing an iron pin set at 135.54 feet; """" Thence N 82° 15' 24" E, along the said northerly and southerly lines, 117.50 feet io an iron pin found; Thence N 40° 26'.24" E, along the said northerly and southerly lines, 108.79 feet to an iron pin found; Thence S 83° 06' 34" E, along the said northerly and southerly lines, passing the centerline of Riverside Drive right-of-way at 52.35 feet said point also being the northwesterly comer of the said 8.350 acre tract, 100.20 feet to an iron pin found on the northerly line of the said 8.350 acre tract and the southerly line of a tract conveyed to Thomas A. McDowell and Diane A. Hornung by deed of record in O.R. 31142 H08; Thence N 65° 15' 10" E, along the said northerly and southerly lines, 65.39 feet to an iron pin set; Thence S 19° 34' 01" W, 55.16 feet to an iron pin set; Thence with a curve to the left, having a delta of 02° 52' 07", a radius of 2,785.00 feet, and a chord of S 18° 07' S7" W, 139.42 feet to an iron pin set; Thence S 35° 35' 50" E, 89.70 feet to an iron pin set; Thence S OS° 48' 39" E, 210.66 feel to an iron pin set in the northerly lA line of I-270 and the southerly line of.lhe 8.350 acre tract; Thence with the said northerly LA line and a curve to the right, having a delta of 00° 02' 16" a radius of "'~"'" 12,427.67 feel, and a chord of S 81° 50' 50" W, 8.18 feet to a Iron pin set; ~„ ~, Thence S ,88° 26' 23" W, with the said northerly lA line, 242.77 feet to a PK nail set, passing the centerline of Riverside Drive right-of-way at 242.36 feet being the southwesterly corner of the said 8.350 acre tract; Thence S 09° 28' 38" W, with,the said northerly LA line, 84.29 feet to the true point of beginning containing 6.6832 acres, more or less, of which 0.9163 acres lies within the highway easement pf Riverside Drive (SR 257), which equals a net area of 5.7669acres. ,,~~~~,~ ~ D F"'0.,,,+ This descrtption was prepared by Burgess & Niple, Limited, by S. Patrick Mills, Profeg~~at' Su'~ veyo~ ~~O'~ 7158 from an actual survey and available records in April and May of 1998. The bearin {ar ' the centerline of Interstate 270 at Slate Route 5~ing N 81° 06' 8~ as delinea~g~o the pl ~~pn . Plans FRA-270-7.47N. EXHIBIT ~~~ ` ~l~ - s- i r sa ~ .;,,, "° o ALL-STATE®INTERNATIONAL PLAT PREPARED BY auRGESS & NIPLE, LIMITED EMERALD PARKWAY -- SCIOTO RIVER BRIDGE ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B THE TH 0 MAS FAMILY LIMITED PARTN ERS H I P ~ O ~ Pf ....--',~~'y~~, .~U"' ` pf S. Pnl RICK ~. = ~ f i~111.L3 = i S-%153 o- _ _ "~ G ~ O -~~ic` ~~C~STER~` ~: ., ~'F~S~ONA~ S~~~~, RI TAK 8.350 ACRE TAKE= PRO= i NE7= REMAININGa ~ I ORIGINAL 61.294 ACRE TRACT PROPERTY LINE -~ ~~~ ~ ~~ 9.039 ACRE 61.294 ACR E TAKE= PRO= ,.... „", NET= 4.6735 ACRES REMAINING= 3.9823 ACRES TOTALS: TAKE= 6.6832 ACRES • PRO= 0.9163 ACRES ' NET- 5.7669 ACRES REMAINING= 10.7058 ACRES ~~ 1 oc EPno ~ 1-' _ ~o Ac Es I - 3X064TACRES6 ~ __ 1 EXCEPTION ~5 I 4.024 ACRES ~ ~ I 1 ~ - - N Q I ~ ~ ' Q (~ Q [~ ~i W EXCEPTION ~8 ~-- I 9.468 ACRES ~ Z I ' J EXCEPTInN ~~ I ~ --"'~ f'LA1 PRLPAR~EU F3Y Qur,ccss ~~c NIPLE, LIMITED EMERALD PARKWAY - SCIOTO RIVER BRIDGE ENGINEERS & ARCHITECTS ~c~~~ Rcc_I) ROAD CITY OF DUBLIN CULUMLiUS, UI-IIU 43220 EXHIBIT C - PARCEL THE TH 0 MAS FAMILY LI M ITED~ Q IRON PIN f UUNU • II~UN PIN Sf.l ~ PI< SST rn s\ s ~, ~~ N_~ o ~r o !`~ ~~ ~~,~~ -~ ~~ 41 ~ au ~ 3zo(n '~ ~~_ u l N ~ V' ~ <( ,_ r~ vi 2 a lY p U U FZ- v{ D = 02'52'07" TIIE TI-iOMAS FAMILY R = 2785.00' 8.350 ACRES L = 139.44' CH= S 18'07'57' W 139.42' l 21= .; E ~34'O1" ~p ~, ~S 08'48'39 '` ,. ti - E SR 2 ~ Ro. XIST~NC .~, 5 / ~ ~ ~6, / N~CNw ~~>9,~A AY BASEMENT F 1 WD PARTN ER S H I P /I 3 ~I N N~ ~p ~ cV N ~ / ~ '/ N 0.41' I 1 I 00'02' 16" 12427.67' 8.18' S 81'50'50" 1h 8.18' I ~P.O. . W ~~ Q5.37' O M 0 ~ ~ r -z Moy 11, 1998 SCALE: 1" = 100' R = CH= jw / S ~ 84 29' 9 28.38., W :~ ~~N r ~ ~~ ;" ~ /1t~ ~ r ~ v U ~~ t4J Q v~SVIL ~- 2 ~o v~ar J U r~ (Y a n RESIDUAL OF G1.294 ACRES p- ////////////// ~ o N PROPOSED 6.6832 / N ~- ACRE `~ RIGHT-OF-WAY' ~ I D O N / w b~ N /~ ~`~ ~~ SCIOT~ RIVER zN r I ~' r oa ~ 1 N'-- I ~' cV z o - .q.3" w N 13 14 ' - 195•q-0 ,,~Q,~ E 0 F o •r,, :~ Q' S. PATRICK MILLS ~ S•7158 ~: - - ---rte •"••,.~,~~~~~~~ ~ THE BEARINGS USED HEREIN ARE BASED ON THE CENTERLINE OF INTERSTATE 270 AT STATE ROUTE 257 BEING N 81'06'28" E GROSS AREA = 6.6832 ACRES As DELINEATED ON TH OD T PLANS RA-270-7.47N. P.R.O. = 0.9163 ACRES NET AREA =, 5.7669 ACRES eY: ~~ ~ ~ 995' PROFESSIONAL SuRVFVna ' ~8 4 '~/ 3 MEMORANDUM TO: Dublin City Council FROM: Timothy C. Hansley, City Manager / --~''~~ J ,, j~ 1 7 INITIATED BY: Balbir S. Kindra, Director ofEngineering/City Eng' r Stephen J. Smith, Director of Law DATE: July 24, 1998 SUBJECT: Ordinance No. 89-98 New Scioto River Bridge Between Riverside Drive and Dublin Road Attached, please find a copy of an appropriation ordinance authorizing the Director of Law to proceed with aright-of--way take, as described in Exhibit C. You have previously approved Resolution No.40-98 on July 6, 1998 concerning this matter. The project is still scheduled for bid opening in mid-August, 1998. T:\PER\MAC\OFFICE\WP\DOCS\COUNCIL\BRIDGE.ORD n i~ ~r