55-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.
Passed------ - -- ---- ----- --- -- -- 19- -
AN ORDINANCE TO APPROPRIATE A 0.2613 ACRE, MORE OR LESS,
FEE SIlVIPLE INTEREST AND A 0.0229 ACRE, MORE OR LESS,
TEI~ZFORARY CONSTRUCTION EASEIVVIII~IT IN PROPERTY OWNED BY
SHAMROCK LANE DEVELOPMENT CO., LOCATED ON THE WEST
SIDE OF AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY.
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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 ORDAINED by the Council, of the City of Dublin, State
of Ohio, ~_ of the elected members concurring that:
Section ]_. 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 Thirty Four
Thousand Two Hundred Dollars and 00/100 Cents ($34,200.00) 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.
I hereby certify that copies of this Ordinonce%'Resolution were
Cty of Dubin in acce-danee w'th Section 73!.25 of the !)hio RI
Cod
EXHIBIT A -PARCEL 24WD
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
SHAMROCK LANE DEVELOPMENT CO.
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
3.102 acre tract conveyed to Shamrock Lane Development Co. by deed of record in
,-»~ O.R. 14543 H12 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 said
3.102 acre tract, being the southeasterly comer of a 2.367 acre tract conveyed
to Columbia Gas of Ohio Inc. by deed of record in O.R. 1475 F10, said comer
being S 01° 31' 35" E, 550.40 feet from Franklin- County Monument 2231, and
being the true point of beginning of the tract described herein;
Thence S 01° 15' 23" E, along the said centerline, 200.33 feet to the southeast
comer of the said 3.102 acre tract at Franklin County Monument 2230;
Thence S 85° 20' 37" W, along the southerly line of said 3.102 acre tract, 53.39
feet to a point;
Thence with a non tangent curve to the right, having a delta of 01° 29' 17", a
radius of 7702.94 feet, and a chord of N 03° 02' 11" W, 200.06 feet to the south
line of said 2.367 acre tract;
Thence N 85° 20' 37" E ,along said southerly line, 59.61 feet to the point of
beginning, containing 0.2613 acres, more or less, of which 0.1379 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 CITY OF DUBLIN
5085 REED ROAD
COLUMBUS, OHIO 43220
EXHIBIT B - PARCEL 24WD
SHAMROCK LAND DEVELOPMENT CO
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~.,,,F~s/O ~ SU~'a`~~•, S 5'22'07" E AS If TED N PLAT OK 79, PAGE 86.
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EXHIBIT A -PARCEL 24TE
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
SHAMROCK LANE DEVELOPMENT CO.
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
3.102 acre tract conveyed to Shamrock Lane Development Co. by deed of record in
~'°' O.R. 14543 H12 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
3.102 acre tract, being the southeasterly corner of a 2.367 acre tract conveyed
to Columbia Gas of Ohio Inc. by deed of record in O.R. 1475 F10; thence S 85°
20' 37" W, along the northerly line of said 3.102 acre tract, 59.61 feet to the true
point of beginning of the easement described herein;
Thence with anon-tangent curve to the left, having a delta of 01° 29' 17", a
radius of 7702.94 feet, and a chord of S 03° 02' 11" E, 200.06 feet to the
southerly line of said 3.102 acre tract;
Thence S 85° 20' 37" W, along said southerly line, 5.00 feet to a point;
Thence with anon-tangent curve to the right, having a delta of 01° 29' 14", a
radius of 7707.94 feet, and a chord of N 03° 02' 14" W, 200.06 feet to a point on
the northerly line of said 3.102 acre tract;
Thence N 85° 20' 37" E, along said northerly line, 5.00 feet to the true point of
beginning, containing 0.0229 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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PLAT PREPARED BY
BURGESS & NIPLE, LIMITED
ENGINEERS & ARCHITECTS
5085 REED ROAD
COLUMBUS, OHIO 43220
EXHIBIT B -
SHAMROCK LAND
WOERNER TEMPLE ROAD
CITY OF DUBLIN
PARCEL 24TE
DEVELOPMENT CO
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PROPOSED 0.0229 ACRE --1'I,t'~ ~ R = 7702.94' ~
TEMPORARY CONSTRUCTION T = 100.04' I :°
EASEMENT L = 200.06'
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`~` THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
-~'~~~c~~STE'~~'JJ` \~.~•'` LINE OF TRINITY PARK SECTION UMBER 1 SUBDIVISION BEING
' ~ ~`~S•~~`' ""''"rr'•v'~ ~'' S 5'22'07 E A E Ef~TED~I P T BOOK 79, PAGE 86.
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PROFESSIONAL SURVEYOR