046-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 30043
Ordinance No....46-01 Passed
AN ORDINANCE TO APPROPRIATE A 0.1453 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST, FROM DENNIS J. HOFFER, 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 fee simple interest 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.
THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. A fee simple interest 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 WoernerTemple 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 interest appropriated at Eighty Five Thousand
Dollars and 00/100 Cents ($85,000.00) 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 his interest
.5 may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the
d property pursuant to law.
0
c. a?,
a Section 3. Council finds 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.
0 0
Section 4. The City Law Director is directed to file a complaint for appropriation in the Franklin
n ~ County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the
real estate herein described above.
l o Section 5. There has been appropriated from the Water Fund and the Capital Improvements Tax
Yo .3 Fund Eighty Five Thousand Dollars and 00/100 Cents ($85,000.00) to account 610-0312-780-2561
V. y r..
G o and 401-0314-780-2550 for the purpose of paying all costs incident to such acquisition.
r ~ ~ 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-
o 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.
_ v
Passed this ~ r'1 day of , 2001.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
PAGE 1 OF 1
EXHIBIT A -PARCEL 22TE "
CITY OF DUBLIN
AVERY LAND
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, AND BEING
PART OF A 52.753 ACRE TRACT CONVEYED TO AVERY LAND BY DEED OF RECORD IN
OFFICIAL RECORD 00291 B04 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT A FRANKLIN COUNTY MONUMENT FCGS 7749
FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID 52.753 ACRE TRACT IN
THE OLD CENTERLINE OF AVERY ROAD; THENCE N84°04'56"E, ALONG THE
SOUTHERLY LINE OF THE SAID 52.753 ACRE TRACT, 30.01 FEET TO AN IRON PIN
SET AND THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED
HEREIN;
rrMww THENCE N04°14'S5"W, 30 FEET EASTERLY OF AND PARALLEL TO THE WESTERLY
LINE OF THE SAID 52.753 ACRE TRACT AND THE CENTERLINE OF AVERY ROAD,
279.39 FEET TO A POINT;
THENCE N85°45'05"E, 10.00 FEET TO A POINT;
THENCE S04°14'55"E, 40 FEET EASTERLY OF AND PARALLEL TO THE WESTERLY
LINE OF THE SAID 52.753 ACRE TRACT AND THE CENTERLINE OF AVERY ROAD,
279.10 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SAID 52.753 ACRE
TRACT;
THENCE S84°04'56"W, 10.00 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING 0.0641 ACRES, MORE OR LESS.
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"VV FROM AVAILABLE RECORDS, AND FIELD INFORMATION.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HER T/O AND'MAGD~E PART HEREOF.
BY: ~f~'~~~~G~l/ ~y Z/ Zenj
DATE
„O F „0,,,
'yi
~,~P p
~ S. PATRICK
i MILLS
fir' 'S 7158
EXHIBIT
27974~P22TE
_ _ a _ ~
PREPARED BY: EXHIBIT B-PARCEL 22TE
- BURGESS & NIPLE, LIMITED 0,0641 ACRE
ENGINEERS & ARCHITECTS
5085 REED ROAD AVERY ROAD
coLUMBUS, OHIO 43220 TEMPORARY EASEMENT
FOR: THE CITY OF DUBLIN, oHlo DUBLIN, OHIO
JAMES P. & ONNOLLY
FRANKLIN COUNTY I I DONALD A. DELEWESE
MONUMENT FCGS 7750 ~ ~ SHAMROCK INDSTRL PK LOT 1
'--{~'--r--------f~'------
~ ~
~ i ~ ST JOHNS EVANGELICAL
I LUTHERAN CHURCH
~ ~ 0,50 ACRE
30' ROAD RIGHT-OF-WAY--~~~ ~
i , 0.00'
I I N 85'45'05" E
~ ~ AVERY LAND,
~ I AN OHIO GENERAL PARTNERSHI
O.R. 00291 604
0 ~ ~ cn 52.753 ACRES
Z ~ ~/I ~ J
~ ~ ~ ~
j (ND i 1~ ~ f0
PROPOSED 0.0641 ACRE
30.01' ~ i ~ TEMPORARY EASEMENT
N 84'04'56 E I
FRANKLIN COUNTY
MONUMENT FCGS 7749 '
10.00'
' g 84'04'56" W
_~o: TTY M, pEARTH
P.O.B. ~ I BOER, 30673 D06
SCALE: 1" = 100' 26.2186 ACRES
3
0
N ,'{~i~1U141q,~,,
W
~ LEGEND ~ S PATRICK
a MILLS _
/ O IRON PIN FOUND S-7158
~ • IRON PIN SET % ~ q O
o RAIL ROAD SPIKE FOUND ~Q/STEaF~ ~ THE BEARINGS USED HEREIN ARE BASED ON
RAILROAD SPIKE SET '<ss/OryAt 5~1~'~~ WITH THE UNE BETWEEN CFCGS 2229 AND EM
/ ? MONUMENT FOUND
FCGS 2230, BEING NOS'40'27"W FROM THE
®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION.
a DRAWN CHECKED JOB NO. BY: ~
a DLR SPM 27974 PROFESSIONAL SURVEYOR DATE