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51-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._____$1-9$------ Passed______ - ---- 19----_ AN ORDINANCE TO APPROPRIATE A 0.0083 ACRE, MORE OR LES5, P UTILITY EASIIVIENT IN PROPERTY OWNED BY LOUISE E. MOCK, LOCATID ON THE EAST SIDE OF WILCOX ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, said improvement will require the City of Dublin to obtain a permanent utility easement 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: . action 1• A permanent utility easement 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 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 One Hundred Dollars and 00/ 100 Cents ($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 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. Passed ~ day of ~~ c/ , 1998. j I hereby certify that copies of this Ordinance/'Resolution were Presiding O fiver City of Dublin in accordance with Section 731.25 of the Ohio p WHEREAS, the City of Dublin is preparing to extend Woerner Temple Road between Avery Road and Wilcox Road and improve related traffic circulation; and I in the Code. /417 - --~ -- ATTEST: IeT f Cmmdl, D~~blin, Ohio Clerk o ouncil EXHIBIT A -PARCEL 7RPE CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD IMPROVEMENT LOUISE E. MOCK DESCRIPTION OF A PERMANENT UTILITY EASEMENT Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a 6 acre tract conveyed to Louise E. Mock by deed of record in O.R. 11470 C11 of the ~- Franklin County Recorcler's Office, and being more particularly described as follows: Beginning, for reference, at the northwesterly comer of a 1.000 acre tract "'~ conveyed to R.V. and J.D. Cramer in Deed Book 3478, Page 60; thence N 30°44'25" E, 50.51 feet to the true point of beginning of the easement described herein; Thence N 05°41'35" W, 15.19 feet to a point; Thence S 86°41'35" E, 25.35 feet to a point; Thence S 03°08'25" W, 15.00 feet to a point; Thence N 86°41'35" W, 22.97 feet to the true point of beginning, containing 0.0083 acres, more or less, 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 April, 1998. 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 Boo 79, a e 86, corder's Office, Franklin County, Ohio. ., ., ,~'. ivttLLS S-7158 ~; ,~ EXHeIBtT /~l All-STATE° INTERNATIONAL PLAT PREPARED BY BuRCESS & NIPLE, LIMITED WOERNER TEMPLE ROAD ENGINEERS & ARCHITECTS 5085 REED ROAD CITY OF DUBLIN COLUMBUS, OHIO 43220 EXHIBIT B - PARCEL 7RPE LOUISE E. MOCK I I April 1998 I L ~ SCALE: 1" = 30' o , n I r~ I ~N~ ~ I I ~ r i ~ r~ I JOHN E. & NORMA J. MOCK o y x i 4-1 /5 ACRES (ORIG)-PARCEL 2 rn n ~ ~ I I O.R. 1 1470 C 1 1, O.R. 28354 G 15 nm~ ~ I I I - I I I _-- ~ ~ I II o ~ i I --- I ~ ~ I LOUISE E. MOCK W D D I n - 4/5 ACRES - PARCEL 1 ~ ' ~ rn I O.R. 1 1470 C1 1 Z ~ ~ I PROPOSED 0.0083 ACRE .~ ~ ~, < ~ I PERMANENT UTILITY EASEMENT o rn m m o ~ I S 86'41'35" E D~ o~ m II ~ I ~ 25.35' ~" ~ z z ~ _ ~ _ o~ ~ POB 17 -~-~ o ~:./ S 03'08'25" W . ~ _ _ ~ 15.00' ~~ I N 05'41'35" W ~v I o I 15.19' I N 86'41'35" W m I h I 22.97' ~ '~ I LOUISE E. MOCK II I ,~o p I 6 ACRES (ORIG) `~ I PARCEL 3 W ~ I~ ~ O.R. 11470 C11 -+ ~ I _ _ I I ~-- _ _{~--- ~ ~,., ~ I I ~ ~ I i I o I I N ~ ~ i I o~~ I x w N D I ~ R.V. & J.D. CRAMER I ~ 1.000 ACRES I ~ ° ~ I I D.B. 3478 PG. 60 ,,.,•P~~ of oy,• I I I ;~ ,: o ;~f o: Z ~ ~ S. PATRICK MILLS - S-7158 THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY = ~ ~ = LINE OF TRINITY PARK SECTION NUMBER 1 SUBDIVISION BEING r:~~i~P ~F ~STEa~'~ ~`~~' S 5'22'07' E AS DELIN TED IN PLAT B OK 79, PAGE 86. c •~~~""""'",, PROFESSIONAL SURVEYOR