050-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No..........50-01 Passed
AN ORDINANCE TO APPROPRIATE A 0.7022 ACRE, MORE OR LESS, FEE
SIlVIPLE INTEREST, AND A 0.1759 ACRE, MORE OR LESS, PERMANENT
UTILITY EASEMENT, FROM HEARTHSTONE MANAGEMENT
~ 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 and
permanent utility easement in and to the premises described in the attached Exhibits "A" and "B"
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.
NO~V, 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 and permanent utility 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 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 Seven Dollars and 00/100 Cents ($13,207.00) which sum shall be deposited with the Franklin
County Common Pleas Court for the use and benefit of the owner of the properly 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 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.
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 Thirteen Thousand Two Hundred
Seven Dollars and 00/100 Cents ($13,207.00) 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 Eiterman Road between Shier-Rings Road and S.R.
161/U.S. 33 is necessary to improvement traffic circulation and relieve traffic congestion for the citizens
of Dublin. Therefore, this ordinance shall go ipto immediate effect.
~ ~
Passed this . 1.1 day of ,C.,. 2001.
1
ayor -Presiding Officer
ATTEST:
Cler of Council
1 hereby certify that copies of this Ordinance~ReseEutien vtrere posted i~ fh~
Cty of Dublin in accordance with Section 731.25 of the tlhio Revised Co
Q,~ CIPr f Council. Dublin. Ohin
_ _ . _ _ _ v_~.._ .
PAGE 1 OF 1
EXHIBIT A -PARCEL 9WD
CITY OF DUBLIN
HEARTHSTONE MANAGEMENT COMPANY
DESCRIPTION OF PERMANENT RIGHT-OF-WAY
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF
WASHINGTON, AND BEING PART OF A 4.868 ACRE TRACT CONVEYED TO
HEARTHSTONE MANAGEMENT COMPANY BY DEED OF RECORD IN OFFICIAL RECORD
14789 C02 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT FRANKLIN COUNTY MONUMENT FCGS 7752 FOUND AT THE
SOUTHWESTERLY CORNER OF THE SAID 4.868 ACRE TRACT AT THE
CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD, AND
BEING THE TRUE POINT OF BEGINNING OF THE TRACT DESCRIBED HEREIN;
THENCE N04°17'52"W, ALONG THE WESTERLY LINE OF THE SAID 4.868 ACRE
TRACT AND THE CENTERLINE OF EITERMAN ROAD, 484.34 FEET TO A RAILROAD
SPIKE FOUND;
THENCE N73°41'49"E, ALONG THE NORTHERLY LINE OF THE SAID 4.868 ACRE
TRACT, 35.78 FEET TO AN IRON PIN SET;
THENCE S04°17'52"E, 421.78 FEET TO AN IRON PIN SET;
THENCE S49°17'57"E, 49.50 FEET TO AN IRON PIN SET;
THENCE N85°41'57"E, 333.49 FEET TO AN IRON PIN SET IN THE EASTERLY LINE
OF THE SAID 4.868 ACRES TRACT;
THENCE S04°16'09"E, ALONG THE SAID EASTERLY LINE, 35.00 FEET TO A
RAILROAD SPIKE SET AT THE SOUTHEASTERLY CORNER OF THE SAID 4.868
ACRE TRACT IN THE CENTERLINE OF THE SHIER RINGS ROAD;
THENCE S85°41'57"W, ALONG THE SOUTHERLY LINE OF THE SAID 4.868 ACRE
TRACT AND THE CENTERLINE OF SHIER RINGS ROAD, 403.47 FEET TO THE
TRUE POINT OF BEGINNING, CONTAINING 0.7022 ACRES, MORE OR LESS, OF
WHICH 0.4967 ACRES LIES WITHIN THE EXISTING ROAD RIGHT-OF-WAY, WHICH
EQUALS A NET AREA OF 0.2055 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 HER - O AND MADE PART HEREOF.
BY. Lt/ Zda'
. DATE
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• f S. PATRICK
MILLS
S~7158 =
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EXHIBIT
27974~P9
PREPARED BY: EXHIBIT B-PARCEL 9WD
BURGESS & NIPLE, LIMITED 0.7022 ACRE
ENGINEERS & ARCHITECTS
5085 REED ROAD EITERMAN ROAD
coLUMeus, OHIO 43220 PERMANENT RIGHT-OF-WAY
FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO
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E~1 j 199 RES
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SCALE: 1 " = 100' m =
PROPOSED 0.7022 ACRE I
X z ~ RIGHT-OF-WAY
~ ~ HEARTHSTONE MANAGEMENT COMPANY I D ~ n
~ ~ N O.R.14789 C02 ~ ~ ~ c
n, p ~ o ~ 4.868 ACRES ~ ~ ~ ~
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333.49' i rn
N 85'41'57'_ E _ _ R/W
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_ J%!~~~~~1~~ ROAD
403.47' SHIER RINGS
S 85'41'57° W
FRANKLIN COUNTY EXISTING 25' ROAD RIGHT-OF-WAY
MONUMENT FCGS 7752
& P.0.6.
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~ TOTAL TAKE = 0.7022 ACRES
~ LEGEND S. PATRICK P.R.O. = 0.4967 ACRES
i O IRON PIN FOUND ~ ~ MILLS c NET = 0.2055 ACRES
~ • IRON PIN SET ; ,a &71SL O
o ~ RAIL ROAD SPIKE FOUND qFC/gTERF'~ THE BEARINGS USED HEREIN ARE BASED ON
RAILROAD SPIKE SET THE OHIO STATE PLANE COORDINATE SYSTEM
O MONUMENT FOUND S~OIVN1. S~ WITH THE LINE BETWEEN FCGS 2229 AND
^ ®PK NAIL FOUND FCGS 2230, BEING N05'40'27"W FROM THE
AVAILABLE RECORDS, AND FlELD INFORMATION.
^
d DRAWN CHECKED JOB N0. ~ ~ z/
BY: I~ )
~ a DLR SPM 27974 PROFESSIONAL SURVEYOR VI'~IG
~ ~ w ~
PAGE 1 OF 1
EXHIBIT A -PARCEL 9PE
CITY OF DUBLIN
HEARTHSTONE MANAGEMENT COMPANY
DESCRIPTION OF PERMANENT DRAINAGE AND UTILITY EASEMENT
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF
WASHINGTON, AND BEING PART OF A 4.868 ACRE TRACT CONVEYED TO
HEARTHSTONE MANAGEMENT COMPANY BY DEED OF RECORD IN OFFICIAL RECORD
14789 C02 OF THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT FRANKLIN COUNTY MONUMENT FCGS 7752
FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID 4.868 ACRE TRACT AT
THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD;
THENCE N04°17'52"W, ALONG THE WESTERLY LINE OF THE SAID 4.868 ACRE
TRACT AND THE CENTERLINE OF EITERMAN ROAD, 484.34 FEET TO THE
'fie NORTHWESTERLY CORNER OF THE SAID 4.868 ACRE TRACT; THENCE
N73°41'49"E, ALONG THE NORTHERLY LINE OF THE SAID 4.868 ACRE TRACT,
35.78 FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED
HEREIN;
THENCE N73°41'49"E, ALONG THE NORTHERLY LINE OF THE SAID 4.868 ACRE
TRACT, 10.22 FEET TO A POINT;
THENCE S04°17'52"E, 45 FEET EASTERLY OF AND PARALLEL TO THE SAID
EASTERLY LINE, 433.91 FEET TO A POINT;
THENCE N49°17'S7"W, 14.14 FEET TO A POINT;
THENCE N04°17'52"W, 35 FEET EASTERLY OF AND PARALLEL TO THE SAID
EASTERLY LINE, 421.78 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING
0.0982 ACRES, MORE OR LESS.
AND ALSO INCLUDING THE FOLLOWING DESCRIBED AREA;
BEGINNING, FOR REFERENCE, AT FRANKLIN COUNTY MONUMENT FCGS 7752
FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID 4.868 ACRE TRACT AT
THE CENTERLINE INTERSECTION OF SHIER RINGS ROAD AND EITERMAN ROAD;
THENCE N85°41'57"E, ALONG THE SOUTHERLY LINE OF THE SAID 4.868 ACRE
TRACT AND THE CENTERLINE OF SHIER RINGS ROAD, 403.47 FEET TO THE
SOUTHWESTERLY CORNER OF THE SAID 4.868 ACRE TRACT; THENCE
N0,4°16'09"W, ALONG THE EASTERLY LINE OF THE SAID 4.868 ACRE TRACT, 35.00
FEET TO THE TRUE POINT OF BEGINNING OF THE EASEMENT DESCRIBED
HEREIN;
THENCE S85°41'S7"VV, 35 FEET NORTHERLY OF AND PARALLEL TO THE SAID
SOUTHERLY LINE, 333.49 FEET TO A POINT;
I
THENCE N49°17'57"V11, 14.14 FEET TO A POINT;
THENCE N85°41'57"E, 45 FEET NORTHERLY OF AND PARALLEL TO THE SAID
SOUTHERLY LINE, 343.49 FEET TO A POINT IN THE SAID EASTERLY LINE;
THENCE S04°16'09"E, ALONG THE SAID EASTERLY LINE, 10.00 FEET TO THE
TRUE POINT OF BEGINNING, CONTAINING 0.0777 ACRES, MORE OR LESS, FOR A
TOTAL AREA OF 0.1759 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"W FROM AVAILABLE RECORDS, AND FIELD INFORMATION.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HER O AND MADE PART HEREOF.
.~`''r~rr OF
5~ DA E
S. PATRICK
MILLS
57158
,moo ~F o ~o;~ EXHIBIT
'
~ C~STEaF'
,S~~NAI s~,,•``,
27974\P9PE '~rrrunrrurr``
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PREPARED eY: EXHIBIT B-PARCEL 9PE
BURGESS & NIPLE, LIMITED 0.1759 ACRE
ENGINEERS & ARCHITECTS
5085 REED ROAD EITERMAN ROAD
coLUMBUS, OHIO 43220 DRAINAGE AND UTILITY EASEMENT
FOR: THE CITY OF DUBLIN, OHIO DUBLIN, OHIO
3 4,7` 49„ E N POSj 1.oo3g2p7
A ~ 3
N ~3 EITERM 9$022
`~S~RUM`
g Opt PARES
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~ ~p.2,49" E ~~I
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I ' HEARTHSTONE MANAGEMENT COMPANY I ~
~ O.R.14789 C02
~T? I ~ ? 4.868 ACRES ~ ~
SCALE: 1" = 100' m, i~_PROPOSED 0.0982 ACRE I
~ ~ ~ DRAINAGE AND UTILITY EASEMENT W
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~ I S 85'41'57" W P.0.8.
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403.47' _~_--.---'SHIER RINGS ROAD
Z
0
FRANKLIN COUNTY -P w
MONUMENT FCGS 7752 Q, o
& P.0.6. 0 0
PROPOSED 0.0777 ACRE
DRAINAGE AND UTILITY EASEMENT ~
3
a
a :'~P~,~'-~`" yip
/ ;g
v ~ S. PATRICK Jk
~ LEGEND ' MILLS
a 5719E ~
/ O IRON PIN FOUND = p
j • IRON PIN SET %~0,~. AFC/STEa~O
v ~ RAII ROAD SPIKE FOUND % ~s' ~Q. THE BEARINGS USED HEREIN ARE BASED ON
o S/ONp~ S THE OHIO STATE PLANE COORDINATE SYSTEM
~ RAILROAD SPIKE SET WITH THE LINE BETWEEN FCGS 2229 AND
/ ? MONUMENT FOUND
a FCGS 2230, BEING N05'40'27"4V FROM THE
~ ®PK NAIL FOUND AVAILABLE RECORDS, AND FIELD INFORMATION.
a DRAWN CHECKED JOB N0. BY• _c~~2Gtl
! DLR SPM 27974 PROFESSIONAL SURVEYOR, D" ATE
d