53-98 Ordinance
RECORD OF ORDINANCES
Dayton Leeal Blank Co. Form No. 30043
Ordinance No._____5~-9$____..__ Passed _ _____19______.
AN ORDINANCE TO APPROPRIATE A 0.1694 ACRE, MORE OR LESS,
FEE SIMPLE INTEREST AND A COMBINED 0.0196 ACRE, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT IN PROPERTY
OWNED BY PARMET CO., INC., LOCATED ON THE WEST SIDE OF
AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRA1vI~LIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to extend Wcerner 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 ORDAINID 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 Wcerner 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 Nine
Thousand Eight Hundred Fifty Five Dollars and 00/ 100 Cents ($9, 855.00) 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 is ~ ~- day of , 1998.
or -Presiding Officer
ATTEST:
/~(.~'1 Cler Council
EXHIBIT A -PARCEL 27WD
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
PARMET CO., INC.
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
2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03 of the
Franklin County Recorder's Office, and being more particularly described as follows:
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Beginning in the centerline of Avery Road at the northeasterly comer of a 0.915
acre tract conveyed to S-One Properties Company by deed of record in D.B.
~` " 3741, P. 514, said comer being N 01°15' 23" W, 505.54 feet from Franklin
County Monument 2230, and being the true point of beginning of the tract
described herein;
Thence S 85° 03' 37" W, along the northerly line of said 0.915 acre tract, 59.16
feet to a point;
Thence N 00° 14' 52" W, 127.63 feet to a point on the southerly line of a 7.095
acre tract conveyed to Swickard Enterprises Inc. by deed of record in O.R. 16313
J 14;
Thence N 85° 03' 37" E, along said southerly line, 56.91 feet to said centerline of
Avery Road and being S 02° 31' 06" E, 117.75 feet from Franklin County
Monument 2231
Thence S 01 ° 15' 23" E ,along said centerline, 127.46feet to the true point of
beginning, containing 0.1694 acres, more or less, of which 0.0878 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 & 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®INTERNATIONAL
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD
ENGINEERS & ARCHITECTS
5085 REED ROAD CITY OF DUBLIN
COLUMBUS, OHIO 43220
EXHIBIT B -
PARMET
PARCEL 27WD
CO., INC.
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PROPOSED 0.1694 ACRE I o ~ ~
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~O ~ 4'~gT~~`~~~k~;: ~ THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
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BY:
EXHIBIT A -PARCEL 27TE1
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
PARMET CO., INC.
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03 of the
Franklin County Recorder's Office, and being more particularly described as follows:
Beginning in the centerline of Avery Road at the northeasterly corner of said
2.064 acre tract, said corner being also the southeasterly corner of a 7.095 acre
tract conveyed to Swickard Enterprises, Inc. by deed of record in O.R. 16313
J14; thence S 85° 03' 37" W, along the northerly line of said 2.064 acre tract,
56.91 feet to the true point of beginning of the easement described herein;
Thence S 00° 14' S2" E, 46.44 feet to a point;
Thence S 89° 45' 08" W, 5.00 feet to a point;
Thence N 00° 14' 52" W, 46.03 feet to the northerly line of said 2.064 acre tract;
Thence N 85° 03' 37" E, along said northerly line, 5.02 feet to the true point of
beginning, containing 0.0053 acres, more or less, and being more particularly
delineated on the attached Exhibit B.
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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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EXHIBIT
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ALL-STATE° INTEflNAT10NAL
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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
5085 REED ROAD
COLUMBUS, OHIO 43220
WOERNER TEMPLE ROAD
CITY OF DUBLIN
EXHIBIT B - PARCEL 27TE1
PARMET CO., INC.
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z THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
~ LINE OF TRINITY PARK SECTION NUMBER 1 SUBDIVISION BEING
S 5'22'07' E A D LNEATED N PI AT BOOK 79, PAGE 86.
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BY:
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PROFESSIONAL SURVEYOR
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EXHIBIT A -PARCEL 27TE2
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
PARMET CO., INC.
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
2.064 acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03 of the
Franklin County Recorder's Office, and being more particularly described as follows:
~..
Beginning in the centerline of Avery Road at the southeasterly corner of said
2.064 acre tract, said corner being also the northeasterly corner of a 0.915 acre
tract conveyed to S-One Properties Company by deed of record in D.B. 3741 P.
514; thence S 85° 03' 37" W, along the southerly line of said 2.064 acre tract,
59.16 feet to the true point of beginning of the easement described herein;
Thence continue S 85° 03' 37" W, along said southerly line, 15.05 feet to a point;
Thence N 00° 14' 52" W, 42.42 feet to a point;
Thence N 89° 45' 08" E, 15.00 feet to a point;
Thence S 00° 14' 52" E, 41.19 feet to the true point of beginning, containing
0.0143 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 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-STATE0INTERNATIONAL
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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD
ENGINEERS & ARCHITECTS
5085 REED ROAD CITY OF DUBLIN
COLUMBUS, OHIO 43220
EXHIBIT B - PARCEL 27TE2
PARMET CO., INC.
DECEMBER 1997
SCALE: 1" = 50'
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PROPOSED 0.0143
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CONSTRUCTION I
EASEMENTS ~/ N ss•45'of
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PARMET CO., INC.
2.064 ACRES - PARCEL 1
O.R. 2966 H03
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THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
LINE OF TRINITY PARK S CTION NUj~BER 1 SUBDIVISION BEING
S 5'22'07' E AS ELI TED IN LAT BOOK 79, PAGE 86.
BY: ~C.-~ ~~ ,ESL'
' PROFESSIONAL SUR EYOR