044-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 004
Ordinance No.........44,-01 Passed
AN ORDINANCE TO APPROPRIATE A 0.0641 ACRE, MORE OR LESS,
TEMPORARY CONSTRUCTION EASEMENT, FROM AVERY LAND,
LOCATED EAST OF AVERY ROAD, SOUTH OF WOERNER-TEMPLE
ROAD AND NORTH OF RINGS ROAD, CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to widen and install general utilities along a portion
of Avery Road between Woerner-Temple Road and Rings Road; and
WHEREAS, said improvement will require the City of Dublin to obtain a temporary construction
easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin,
Franklin County, Ohio.
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding for this
acquisition.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. 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 description attached
hereto as Exhibit "A" is hereby appropriated for the public purpose of widening and installation of
general utilities along a portion of Avery Road between Woerner-Temple Road and Rings Road,
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 Three Hundred Eight
Five Dollars and 00/100 Cents ($385.00) which sum shall be deposited with the Franklin County
Common Pleas Court for the use and benefit of the owner of the property appropriated as its interest
may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the
property pursuant to law.
Section 3. Council fords that the appropriation is necessary for the stated purpose, that the City
has been unable to agree with the owner 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 complaint 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. There has been appropriated from the Water Fund Three Hundred Eighty Five
Dollars and 00/100 Cents ($385.00) to account 610-0312-780-2561 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
widening and installation of general utilities along a portion of Avery Road between Woerner-Temple
Road and Rings Road is necessary to improvement traffic circulation and relieve traffic congestion
for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed t ' day of , 2001.
-z'~'
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby ~c~tify tlanf conies of this Qrd~inpncetResolutlan wren }~sfe~! ! the
pity o~f Dublin in oceerdance with Section 731.25 of the ttl~lo Revised C ~s.
ajyp'~'Ma~k f [ouncil. 8~rhln. Ohln
_ ~ w_.v .
PAGE 1 OF 1
EXHIBIT A -PARCEL 20WD `
CITY OF DUBLIN
DENNIS J. HOPPER
DESCRIPTION OF PERMANENT RIGHT-OF-WAY
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, VIRGINIA
MILITARY SURVEY N0.3004, AND BEING PART OF A 1.00 ACRE TRACT CONVEYED TO
DENNIS J. HOPPER BY DEED OF RECORD IN OFFICIAL RECORD 10530 C18 OF THE
FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A FRANKLIN COUNTY MONUMENT FCGS 2230 FOUND AT THE
SOUTHWESTERLY CORNER OF THE SAID 1.00 ACRE TRACT IN THE OLD
CENTERLINE OF AVERY ROAD, AND BEING THE TRUE POINT OF BEGINNING OF
THE TRACT DESCRIBED HEREIN;
THENCE N01°15'23"W, ALONG THE WESTERLY LINE OF THE SAID 1.00 ACRE
TRACT AND THE SAID CENTERLINE, 92.25 FEET TO A RAILROAD SPIKE SET;
THENCE N84°33'23"E, ALONG THE NORTHERLY LINE OF THE SAID 1.00 ACRE
TRACT, 67.18 FEET TO AN IRON PIN SET;
THENCE WITH A CURVE TO RIGHT HAVING A DELTA OF 00°41'46", A RADIUS OF
7,578.94 FEET, AND A CHORD OF S03°24'39"E, 92.08 FEET TO A IRON PIN SET ON
THE SOUTHERLY LINE OF THE SAID 1.00 ACRE TRACT;
THENCE S84°34'09"W, ALONG THE SOUTHERLY LINE OF THE SAID 1.00 ACRE
TRACT, 70.65 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.1453
ACRES, MORE OR LESS, OF WHICH 0.0635 ACRES LIES WITHIN THE EXISTING
ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.0818 ACRES NOT
WITHIN THE EXISTING ROAD RIGHT-OF-WAY.
THIS DESCRIPTION WAS PREPARED BY BURGESS & NIPLE, LIMITED, BY S. PATRICK
MILLS, PROFESSIONAL SURVEYOR 7158 FROM AN ACTUAL SURVEY AND AVAILABLE
RECORDS IN DECEMBER, 2000. THE BEARINGS USED HEREIN ARE BASED ON THE OHIO
STATE PLANE COORDINATE SYSTEM WITH THE LINE BETWEEN FCGS 2229 AND FCGS
2230 BEING N05°40'27"W FROM AVAILABLE RECORDS, AND FIELD INFORMATION.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERy~E~TO/AND MADE PART HEREOF.
BY' ~~~6-~6LC~ Bc. Z/ 2
DATE
,~P~ti 0 F py/o '
=
S. PATRICI( }
MILLS i
- &7158 jj
O ~4
9FC/STEa~'
,~~~~~S~ONAL s~~J,,,
EX IBIT
nma~rzo
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PREPARED BY: EXHIBIT B-PARCEL 20,WD
BURGESS & NIPLE, LIMITED 0.1453 ACRE
ENGINEERS & ARCHITECTS AVERY ROAD
5085 REED ROAD
coL.uMeus, oHlo 43220 PERMANENT RIGHT-OF-WAY
FOR: THE CITY OF DUBLIN, oHlo DUBLIN, OHIO
I 67.18'
' N _84'33'_23" E _
r ,
i
v.. ,
~ I
i I
p 3I = i
Q ~
r.. O
~ in N ~ i ~ CURVE DATA
~ N ~ o ~ = 00'41'46"
W w o ~ ~ , R = 7578.94'
~ i CH = 503'24'39"E
Q z ~ z 92.08'
' w ' ~
FRANKLIN COUNTY I i
MONUMENT FCGS 2230 ~ '
-O
70.65'
P.0.6. ~ S 84'34'09" W
PROPOSED 0.1453 ACRE
RIGHT-OF-WAY
1 " = 30' SCALE DETAIL
LENHART-FRAUENBERG PARTNERSHIP, LLP
INSTRUMENT 199912080302565 I
I 2.416 ACRES.
Q
O DENNIS J. HOPPER ,
~ 0. R. 10530 C 18 _ -
i 1.00 ACRE
Q INSTRUMENT 99804290E02514
15.555 ACRES
SCALE: 1" = 100' ~ PROPOSED 0.1453 ACRE
RIGHT-OF-WAY
3 I (SEE DETAIL ABOVE)
0
0
3
0
a rr~„Upru.„y,'
,.•''P'~E ~ F oy
p-; TOTAL TAKE = 0.1453 ACRES
~ LEGEND f - P.R.O. = 0.0635 ACRES
3 O IRON PIN FOUND S. M
LI ~ - NET = 0.0818
~ • IRON PIN SET &7158 O ~ THE BEARINGS USED HEREIN ARE BASED ON
o ~ RAIL ROAD SPIKE FOUND ~ ~O RfQ !v~'' ' THE OH10 STATE PLANE COORDINATE SYSTEM
a RAILROAD SPIKE SET /STER
v J WITH THE LINE BETWEEN FCGS 2229 AND
d/, ? MONUMENT FOUND '•.,~sS/pKA4SV~;.~'~, FCGS 2230, BEING N05'40'27"W FROM THE
~ ®P.K. NAIL FOUND '~~..,,,;,,,,,r~`' AVAILABLE RECORDS, AND FIELA INFORMATION.
n
a DRAWN CHECKED JOB N0. BY: Z/ Zvi'
a DLR SPM 27974 PROFESSIONAL SURVEYOR D