048-01 Ordinance RECORD OF ORDINANCES
Dayton Leal Blank Co. Form No 0043
Ordinance No............48-01 Passed
AN ORDINANCE TO APPROPRIATE A 03681 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST, FROM EITERMAN/POST LIMITED LIABILITY
COMPANY, LOCATED NORTH OF SHIER-RINGS ROAD AND EAST OF
EITERMAN 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 widen and install general utilities
along Eiterman Road between Shier-Rings Road and S.R. 161/U.S. 33; 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.
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 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
Eiterman Road between Shier-Rings Road and S.R. 161/U.S. 33, 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 Thirteen Thousand Two
Hundred Twenty One Dollars and 00/100 Cents ($13,221.00) 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.
v
Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City
a has been unable to agree with the owner of the property as to appropriate compensation, and that the
g o City intends to obtain immediate possession of the property.
a ~ Section 4. The City Law Director is directed to file a complaint for appropriation in the Franklin
N o County Common Pleas Court, to have a jury impaneled to assess the compensation to be paid for the
N real estate herein described above.
i~ ~
a Section 5. There has been appropriated from the Water Fund and Capital Improvements Tax Fund
Thirteen Thousand Two Hundred Twenty One Dollars and 00/100 Cents ($13,221.00) to account 610-
- 0312-780-2561 and 401-0314-780-2550 for the purpose of paying all costs incident to such acquisition.
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3 ~
u „ti Section 6. This ordinance is hereby declared to be an emergency necessary for the immediate
\ o preservation of the public health, safety and welfare. The reason for such necessity is that the prompt
widening and installation of general utilities along Eiterman Road between Shier-Rings Road and S.R.
a 161/[LS. 33 is necessary to improvement traffic circulation and relieve traffic congestion for the citizens
~ of Dublin. Therefore, this ordinance shall go into immediate effect.
. ~ o
o ~ Passed this ~h day of , ~ i'- , 2001.
/!r'
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Mayor -Presiding Officer
ATTEST:
Clerk of Council
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PAGE 1 OF 1
EXHIBIT A -PARCEL 8WD r
CITY OF DUBLIN
EITERMAN/POST LIMITED LIABILITY COMPANY
DESCRIPTION OF PERMANENT RIGHT-OF-WAY
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF
WASHINGTON, AND BEING PART OF A 5.002 ACRE TRACT CONVEYED TO
EITERMAN/POST LIMITED LIABILITY COMPANY BY DEED OF RECORD IN INSTRUMENT
199802230039207 OFTHE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT FRANKLIN COUNTY MONUMENT FCGS 7752
FOUND AT THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND
EITERMAN ROAD; THENCE N04°1T'52"W, ALONG THE CENTERLINE OF EITERMAN
ROAD, 484.34 FEET TO THE SOUTHWESTERLY CORNER OF THE SAID 5.002 ACRE
TRACT AT A RAILROAD SPIKE FOUND AND TO THE TRUE POINT OF BEGINNING
ir,rr OF THE TRACT DESCRIBED HEREIN;
THENCE N04°17'52"W, ALONG THE WESTERLY LINE OF THE SAID 5.002 ACRE
TRACT AND THE SAID CENTERLINE, 358.53 FEET TO AN IRON PIN FOUND AT THE
NORTHWESTERLY CORNER OF THE SAID 5.002 ACRE TRACT ON THE SAID
CENTERLINE;
THENCE N79°09'37"E, ALONG THE NORTHERLY LINE OF THE SAID 5.002 ACRE
TRACT, 45.29 FEET TO AN IRON PIN SET;
THENCE S04°17'52"E, 45 FOOT EASTERLY OF AND PARALLEL TO THE SAID
EASTERLY LINE AND THE SAID CENTERLINE, 354.12 FEET TO AN IRON PIN SET
IN THE SOUTHERLY LINE OF SAID 5.002 ACRE TRACT;
THENCE S73°41'49"W, ALONG THE SOUTHERLY LINE OF THE SAID 5.002 ACRE
TRACT, 46.01 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.3681
ACRES, MORE OR LESS, OF WHICH 0.2050 ACRES LIES WITHIN THE EXISTING
ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.1631 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"V1/ FROM AVAILABLE RECORDS, AND FIELD INFORMATION.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HER f~ N MADE PART HEREOF.
BY• ~ 2/ 2
DATE
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-o S•7158 ~
qFC/STEa~~
'~`rs~~NA1. S~~J°~
EXHIBIT
27974\P8
_ ~_......_._._...u.~.... ~
PREPARED BY: EXHIBIT B-PARCEL 8.WD
BURGESS & NIPLE, LIMITED 0.3681 ACRE
ENGINEERS & ARCHITECTS
5085 REED ROAD EITERMAN ROAD
coLUMBUS, OHIO 43220 PERMANENT RIGHT-OF-WAY
FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO
ROBERT W. RINGS TR
INSTRUMENT 200010130208971 _
6.604 ACRES _-______~__-----j-
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°o ~ ~ INSTRUMENT 199802230039207 ~ ?n
n o ~ ; 5.002 ACRES o
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Z 1 PROPOSED 0.3681 ACRE
r~,r' SCALE: 1" = 100' t°' PERMANENT RIGHT-OF-WAY ~
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~ ~ 354.12' \
1 S 04'17'52_ E
- R/W -
- R/W - _ _ -
484.34'
- 358.53' P.O.B.
EITERMAN ROAD N o4'17'S2" w
FRANKLIN COUNTY
3 MONUMENT FCGS 7752
c & POINT OF REFERENCE
3
y
w `g~P ~0~: TOTAL TAKE = 0.3681 ACRES
~ LEGEND s PATRICK P.R.O. = 0.2050 ACRES
O IRON PIN FOUND MILLS NET = 0.1631 ACRES
~ • IRON PIN SET :.p &7158 4
o RAIL ROAD SPIKE FOUND ' ~O .9E'G/STER~ ~,~0~ THE OHIO I STATE PLANE COORD HATE SYSTEM
v ~ RAILROAD SPIKE SET WITH THE LINE BETWEEN FCGS 2229 AND
? MONUMENT FOUND s/
®PK NAIL FOUND "'''~~~NA~'„~~''~~ FCGS 2230, BEING N05'40'27"W FROM THE
AVAILABLE RECORDS, AND FlELD INFORMATION.
a DRAWN CHECKED JOB N0. B , / 2
a DLR SPM 27974 PROFESSIONAL SURVEYOR DATE