54-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.______54 98-___--- Passed --------------------19_ _ - -
AN ORDINANCE TO APPROPRIATE A 0.2136 ACRE, MORE OR LESS,
FEE SIlVIPLE INTEREST AND A 0.0532 ACRE, MORE OR LESS,
TEIVIFORARY CONSTRUCTION EASEIVlEI~TT IN PROPERTY OWNED BY
S-ONE PROPERTIES COMPANY, LOCATED ON THE WEST 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" and "B" 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" and "B" 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 Eighteen
Thousand Dollars and 00/ 100 Cents ($18,000.00) 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 , 1998.
/~ /~
Officer
1 hereby cect~fv that conies of t!•~~ ~r~}'ncfnce/~sselutien were posted in the
Cty of D~Jbl~n ~n accordance w?b Sectron T31.25 of the Ohio Revised ode.
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Acting tl of (onncil, Dublin, Ohio
R C~% Cl of Council \.J
EXHIBIT A -PARCEL 26WD
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
S-ONE PROPERTIES COMPANY
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
0.915 acre tract conveyed to S-One Properties Company by deed of record in D.B.
3741, P. 514 of the Franklin County Recorder's Office, and being more particularly
described as follows:
°' Beginning in the centerline of Avery Road at the northeasterly comer of a 2.367
acre tract conveyed to Columbia Gas of Ohio, Inc. by deed of record in O.R.
1475 F10 and also being the southeasterly comer of said 0.915 acre tract, said
comer being N 01°15' 23" W, 350.60 feet from Franklin County Monument 2230,
and being the true point of beginning of the tract described herein;
Thence S 85° 20' 37" W, along the northerly line of said 2.367 acre tract, 60.87
feet to a point;
Thence with a non tangent curve to the right, having a delta of 00° 55' 39", a
radius of 7702.94 feet, and a chord of N 00° 42' 21" W, 124.68 feet to a point;
Thence N 00° 14' 52" W, 30.08 feet to a point on the southerly line of a 2.064
acre tract conveyed to Parmet Co., Inc. by deed of record in O.R. 2966 H03;
Thence N 85° 03' 37" E, along said southerly line, 59.16 feet to a point on the
said centerline of Avery Road, said point being S 01°51'45" E, 245.20 feet from
Franklin County Monument 2231;
Thence S 01° 15' 23" E ,along said centerline, 154.94 feet to the true point of
beginning, containing 0.2136 acres, more or less, of which 0.1067 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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EXHIBIT
ALL-STATES INTERNATIONAL
PLAT PREPARED BY
BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD
ENGINEERS & ARCHITECTS CITY OF DUBLIN
5085 REED ROAD
COLUMBUS, OHIO 43220
EXHIBIT B - PARCEL 26WD
S-ONE PROPERTIES COMPANY
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PROPOSED 0.2136 ACRE
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0.915 ACRES
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THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
LINE OF TRINITY PARK SECTION NUMBER t SUBDIVISION BEING
S 5'22'07' E AS D~~IyEATED IN PLAT.,l~OOKi79, PAGE 86.
BY:
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EXHIBIT A -PARCEL 26TE
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
S-ONE PROPERTIES COMPANY
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
`.wl. 0.915 acre tract conveyed to S-One Properties Company by deed of record in D.B.
3741, P. 514 of the Franklin County Recorder's Office, and being more particularly
described as follows:
Beginning, for reference, at the northeasterly corner of a 2.367 acre tract
j conveyed to Columbia Gas of Ohio, Inc. by deed of record in O.R. 1475 F10 and
also being the southeasterly corner of said 0.915 acre tract; thence S 85° 20' 37"
` W, along the southerly line of said 0.915 acre tract, 60.87 feet to the true point of
beginning of the easement described herein;
s Thence continue S 85° 20' 37" W, along the southerly line of said 0.915 acre
j tract, 15.03 feet to a point on anon-tangent curve;
~ Thence with a curve to the right, having a delta of 00° 56' 03", a radius of
7717.94 feet, and a chord of N 00° 42' 53" W, 125.83 feet to a point;
Thence N 00° 14' 52" W, 28.84 feet to a point on the northerly line of said 0.915
acre tract;
Thence N 85° 03' 37" E, along said northerly line, 15.05 feet to a point;
Thence S 00° 14' S2" E, 30.08 feet to a point of curvature;
Thence with a curve to the left, having a delta of 00° 55' 39", a radius of 7702.94
feet, and a chord of S 00° 42' 41" E, 124.86 feet to the true point of beginning,
containing 0.0532 acres, more or less, and being more particularly delineated on
j 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
ALL-STATE®INTERNATIONAL
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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD
ENGINEERS & ARCHITECTS CITY OF DUBLIN
5085 REED ROAD
COLUMBUS, OHIO 43220
EXHIBIT B - PARCEL 26TE
S-ONE PROPERTIES COMPANY
PARMET CO., INC.
2.064 ACRES -TRACT ONE
O.R. 2966 H03
I ; ~ DECEMBER 1997
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PROPOSED 0.0532 ~ I
ACRE TEMPORARY ~ I
CONSTRUCTION I ~ ~
EASEMENT IN 85.03'37" E ~ I °
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~ = 00'56'03" N m ; R _ 7702 X94' ~ ow ~ z
R = 7717.94' ~ ~ ; T - 62.34 I o -~
T = 62.92' ' L = 124.68' j' ~
L= 125.83' CH = S 00'42'41" E I D ~
CH = N 00'42'53" W 124.86' -< ~
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S-ONE PROPERTIES COMPANY POB i -~
0.915 ACRES
D.B. 3741 , PG. 514 s 8520'37" W
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THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
LINE OF TRINITY PARK ECTION UMBER 1 SUBDIVISION BEING
S 5'22'07" E A ELI EAT D I PLAT BOOK 79, PAGE 86.
PROFESSIONAL SURVEYOR