50-98 OrdinanceRECORD OF ORDINANCES
Davton Leeal Blank Co. Form No. 30043
Ordinance No._____$0-~$____..__ Passed_
19______
AN ORDINANCE TO APPROPRIATE A COMBINED 0.9145 ACRE, MORE
OR LESS, FEE SIlViPLE INTEREST AND A 0.0148 ACRE, MORE OR
LESS, TEl~~IPORARY CONSTRUCTION EASEMENT IN PROPERTY
OWNED BY MID-STATES DEVELOPMENT CORP., LOCATED ON THE
EAST SIDE OF AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to extend Woerner Temple Road between
Avery Road and Wilcox Road and improve related traffic circulation; and
WHEREAS, said improvement will require the City of Dublin to obtain 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, 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 and a temporary construction easement in and to the
premises located in the City of Dublin, Franklin County, State of Ohio, and more fully
described in the legal descriptions attached hereto as Exhibits "A", "B" and "C" are hereby
appropriated for the public purpose of extending Woerner Temple Road between Avery
Road and Wilcox Road and improving related traffic circulation, 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 Seventy Two
Thousand Seven Hundred Seventy Five Dollars and 00/100 Cents ($72,775.00) 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
Southwest Area 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 prompt extension of Woerner Temple Road between Avery Road and
Wilcox Road is necessary to improve traffic circulation and relieve traffic congestion for
the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
day of Q ~/ , 1998.
I hereby certify that copies of this Ordinance~Resoluf:en
/ City of Dublin in accordance witp Section 731.25 of the r
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~~a Ct~ of ~~„nr41 A"hl~n, Ohio
' post
Revise
of Council
EXHIBIT A -PARCEL 22WD
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
MID-STATES DEVELOPMENT CORP.
DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY FOR AVERY ROAD
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
6.2185 acre tract conveyed to Mid-States Development Corp. by deed of record in O.R.
26514 D12 of the Franklin County Recorder's Office, and being more particularly
described as follows:
~~ Beginning in the centerline of Avery Road at the southwesterly comer of a 0.616
acre tract conveyed to Luther E. Shrader by deed of record in O.R. 5028 C10
and being the northwesterly comer of said 6.2185 acre tract, said comer being
N 01° 15' 23" W, 703.98 feet from Franklin County Monument 2230, and being S
04° 25' 55" E, 46.82 feet from Franklin County Monument 2231,and being the
true point of beginning of the tract described herein;
Thence N 84° 05' 36" E, along the northerly line of the said 6.2185 acre tract,
68.86 feet to a point and passing an iron pin found at 25.55 feet;
Thence S 00° 14' 52" E, 240.12 feet to a point;
Thence with a curve to the left, having a delta of 00° 44' 25", a radius of 7578.94
feet, and a chord of S 00° 37' 04" E, 97.91 feet to a point on the southerly line of
the said 6.2185 acre tract.
Thence S 84° 45' 43" W, along the said southerly line, 63.47 feet to the said
centerline of Avery Road;
Thence N 01 ° 15' 23" W, along the said centerline, 336.81 feet to the true point
of beginning, containing 0.5087 acres, more or less, of which 0.2319 acres lies
within the existing right-of-way of Avery Road and being more particularly
delineated on the attached Exhibit B.
„~~ This description was prepared by Burgess ~ Niple, Limited, by S. Patrick Mills,
Professional Surveyor 7158 from an actual survey and available records in December,
1996 and January, 1997. The bearings are based on the bearing of S 5° 22' 07" E being
the easterly line of the recorded plat of Trinity Park Section Number 1 Subdivision, of
record in Plat Book 79, Page 86, Recorder's Office, Franklin County, Ohio.
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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD
ENGINEERS & ARCHITECTS
5085 REED ROAD CITY OF DUBLIN
COLUMBUS, OHIO 43220
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~' EXHIBIT B - PARCEL 22WD
MID-STATES DEVELOPMENT CORP.
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I ~ ~ ~ LUTHER E. SHRADER
`~' oNO.. 0.616 ACRES
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ON THE EASTERLY
1 SU DIVISION BEING
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EXHIBIT A -PARCEL 22TE
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
MID-STATES DEVELOPMENT CORP.
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
6.2185 acre tract conveyed to Mid-States Development Corp. by deed of record in O.R.
°~"" 26514 D12 of the Franklin County Recorder's Office, and being more particularly
described as follows:
Beginning in the centerline of Avery Road at the southwesterly corner of a 0.616
acre tract conveyed to Luther E. Shrader by deed of record in O.R. 5028 C10
and being the northwesterly corner of said 6.2185 acre tract; thence N 84° 05'
36" E, along the northerly line of said 6.2185 acre tract, 68.86 feet to the true
point of beginning of the easement described herein;
Thence continue N 84° 05' 36" E, along said northerly line, 5.02 feet to a point;
Thence S 00° 14' 52" E, 129.35 feet to a point;
Thence S 89° 45' 08" W, 5.00 feet to a point;
Thence N 00° 14' 52" W, 128.85 feet to the true point of beginning, containing
0.0148 acres, more or less, and being more particularly delineated on the
attached Exhibit B.
This description was prepared by Burgess 8~ Niple, Limited, by S. Patrick Mills,
Professional Surveyor 7158 from an actual survey and available records in December,
1996 and January, 1997. The bearings are based on the bearing of S 5° 22' 07" E being
the easterly line of the recorded plat of Trinity Park Section Number 1 Subdivision, of
record in Plat Book 79, Page 86, Recorder's Office, Franklin County, Ohio.
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EXHIBIT
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PLAT PREPARED BY
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EXHIBIT B - PARCEL 22TE
MID-STATES DEVELOPMENT CORP.
N 84'05'36" E LUTHER E. SHRADER
5.02' 0.616 ACRES
O.R, p~5028~~
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~ p ~ ~ ~,~ ' 71 `'8 ~ L'~-I€ BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
~ W - „~, ,~„ ~ItdE OF TRINITY PARK SECTION NUMBER 1 SUBDIVISION BEING
~ n ~ D "~ ~~.~~ '•~rS rFK~~~.~'~,~~`'~ 5'22'0T E AS U EATED IN LAT,,BOOK 79, PAGE 86.
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PROFESSIONAL SURVEYOR
EXHIBIT A -PARCEL 23WD
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
MID-STATES DEVELOPMENT CORP.
DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY FOR AVERY ROAD
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
26.384 acre tract conveyed to Mid-States Development Corp. by deed of record in O.R.
` 8105 J05 of the Franklin County Recorder's Office, and being more particularly
described as follows:
` Beginning in the centerline of Avery Road at the southwesterly comer of a 6.2185
acre tract conveyed to Mid-States Development Corp. by deed of record in O.R.
26514 D12 and being the northwesterly comer of said 26.384 acre tract, and said
comer being also S 01° 38' 38" E, 383.56 feet from Franklin County Monument
2231, and being the true point of beginning of the tract described herein;
Thence N 84° 45' 43" E, along the northerly line of the said 26.384 acre tract,
63.47 feet to a point;
Thence with a curve to the left, having a delta of 02° 04' 31", a radius of 7578.94
feet, and a chord of S 02° 01' 31" E, 274.48 feet to a point on the southerly line
of the said 26.384 acre tract;
Thence S 84° 35' 18" W, along the said southerly line of the 26.384 acre tract,
67.18 feet to said centerline of Avery Road, said point being N 01°15'23" W,
92.25 feet from Franklin County Monument 2230;
Thence N 01° 15' 23" W, along said centerline, 274.92 feet to the point of
beginning, containing 0.4058 acres, more or less, of which 0.1893 acres lie within
the existing right-of-way of Avery Road and being more particularly delineated on
the attached Exhibit B.
This description was prepared by Burgess 8 Niple, Limited, by S. Patrick Mills,
Professional Surveyor 7158 from an actual survey and available records in December,
1996 and January, 1997. The bearings are based on the bearing of S 5° 22' 07" E being
the easterly line of the recorded plat of Trinity Park Section Number 1 Subdivision, of
record in Plat Book 79, Page 86, Recorder's Office, Franklin County, Ohio.
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EXHIBIT
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ALL-STATE®INTEflNATIONAI
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
5085 REED ROAD
COLUMBUS, OHIO 43220
EXHIBIT B
MID-STATES
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PROPOSED 0.4058 ACRE
RIGHT-OF-WAY
WOERNER TEMPLE ROAD
CITY OF DUBLIN
- PARCEL 23WD
DEVELOPMENT CORP.
FCM 2231
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R = 7578.94'
T = 137.26'
L = 274.50'
CH = S 02'01'31"
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~ 9. O p ~ ;'THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
'; ~,~ ~~IgTCR`' ~~ ~, LINE OF TRINITY PARK SECTION ~ UMBER 1 SUBDIVISION BEING
•.,•FS'S,~ ~~^' v~~~~.~ S 5'22'07' E AS DELI ED T B K 79, PAGE 86.
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MID-STATES DEVELOPMENT CORP.
I 6.2185 ACRES
O.R. 26514 D12
PROFESSIONAL