56-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.----- ---56 =98--- Passed- -----_ -- - -- - -19--
AN ORDINANCE TO APPROPRIATE A 0.1277 ACRE, MORE OR LESS,
FEE SIlVIPLE INTEREST AND A 0.0092 ACRE, MORE OR LESS,
TIIVIPORARY CONSTRUCTION EASIIVIIIVT IN PROPERTY OWNED BY
LUTHER EDWARD SHRADER, LOCATED ON THE EAST SIDE OF
AVERY ROAD, IN THE CITY OF DUBLIN, COUNTY OF FRAlvI~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" and "B" located in the City of Dublin, Franklin County, Ohio.
NOW, ~ ~ + RE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, ~ of the elected members concumng 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 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 Nineteen
Thousand 00/100 Cents ($19,000.00) 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.
/_
Presiding Officer
aCti Cler f Council
EXHIBIT A -PARCEL 21 WD
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
LUTHER E. SHRADER
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
0.616 acre tract conveyed to Luther E. Shrader by deed of record in O.R. 5028 C10 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 0.941
'`" acre tract conveyed to Venus M. & Joseph A. Bee (Trustees) by deed of record
in O.R. 199707070041187 and also being the northwesterly comer of the said
0.616 acre tract, said comer being N 03° 10' 01" E, 33.62 feet from Franklin
County Monument 2231, and being S 01° 15' 23" E, 292.99 feet from Franklin
County Monument 2211, and being the true point of beginning of the tract
described herein;
Thence N 84° 05' 36" E, 70.28 feet to a point passing an iron pin found at 25.43
feet;
Thence S 00° 14' 52" E, 80.40 feet to a point;
Thence S 84° 05' 36" W, 68.86 feet to a point on the said centerline, and passing
an iron pin found at 43.31 feet;
Thence N 01° 15' 23" W, 80.27 feet to the true point of beginning, containing
0.1277 acres, more or less, of which 0.0553 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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BURGESS & NIPLE, LIMITED WOERNER TEMPLE ROAD
ENGINEERS & ARCHITECTS CITY OF DUBLIN
5085 REED ROAD
COLUMBUS, OHIO 43220
EXHIBIT B - PARCEL 21WD
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THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
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EXHIBIT A -PARCEL 21TE
CITY OF DUBLIN, OHIO - WOERNER TEMPLE ROAD
LUTHER E. SHRADER
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of a
0.616 acre tract conveyed to Luther E. Shrader by deed of record in O.R. 5028 C10 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 said
"' ` 0.616 acre tract and also being the northwesterly corner of a 6.2185 acre tract
conveyed to Mid-States Development Corp. by deed of record in O.R. 26514
D12; thence N 84° 05' 36" E, along the southerly line of said 0.616 acre tract,
68.86 feet to the true point of beginning of the easement described herein;
Thence N 00° 14' 52" W, 80.40 feet to a point on the northerly line of said 0.616
acre tract;
Thence N 84° 05' 36" E, along said northerly line, 5.02 feet to a point;
Thence S 00° 14' 52" E, 80.40 feet to point on the southerly line of said 0.616
acre tract;
Thence S 84° 05' 36" W, along said southerly line, 5.02 feet to the true point of
beginning, containing 0.0092 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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PLAT PREPARED BY
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COLUMBUS, OHIO 43220
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THE BEARINGS USED HEREIN ARE BASED ON THE EASTERLY
LINE OF TRINITY PARK SECTION UMBER t SUBDIVISION BEING
S 5'22'07' E AS U T D P T BOOK~79, PAGpE 86.
PROFESSIONAL SU VEYOR