051-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No........51-01 Passed
AN ORDINANCE TO APPROPRIATE A 0.5027 ACRE, MORE OR LESS, FEE
SIMPLE INTEREST, FROM JIM MORO, LOCATED NORTH OF SHIER-
RINGS ROAD AND EAST OF EITERMAN ROAD, CITY OF DUBLIN, COUNTY
OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY.
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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 Ten Thousand Thirty Two
Dollars and 00/100 Cents ($10,032.00) 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
~ may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the property
pursuant to law.
Section 3. Council fmds 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 and Capital Improvements Tax Fund
Ten Thousand Thirty Two Dollars and 00/100 Cents ($10,032.00) to account 610-0312-780-2561 and
401-0314-780-2550 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/CJ.S. 33 is necessary to improvement traffic circulation and relieve traffic congestion for the citizens
of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed thi day of ~ , 2001.
yor -Presiding Officer
ATTEST:
~
Clerk of Council
t hereby t'"'t'4~~ +lo~t fr,~;~C Rf r ~~'~,a t~nr ~ ~.PCel~t?~n ~vPre postecJ in the
City of DJblin in nccordnnce with Section 731.25 of the Oizio Revised Co e.
ap~,~ ; Cle of Council, Dublin. Ofiio
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PAGE 1 OF 1
EXHIBIT A -PARCEL 7WD
CITY OF DUBLIN
JIM MORO
DESCRIPTION OF PERMANENT RIGHT-OF-WAY
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF
WASHINGTON, AND BEING PART OF A 8.650 ACRE TRACT CONVEYED TO JIM MORO BY
DEED OF RECORD IN INSTRUMENT 200010300218949 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
w.~ ROAD, 842.87 FEET TO AN IRON PIN FOUND AT THE SOUTHWESTERLY CORNER
OF THE SAID 8.650 ACRE TRACT BEING THE TRUE POINT OF BEGINNING OF THE
TRACT DESCRIBED HEREIN;
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THENCE N04°17'52"W, ALONG THE EASTERLY LINE OF THE SAID 8.650 ACRE
TRACT AND THE CENTERLINE OF EITERMAN ROAD, 488.88 FEET TO AN IRON PIN
FOUND AT THE NORTHWESTERLY CORNER OF THE SAID 8.650 ACRE TRACT;
THENCE N84°42'38"E, ALONG THE NORTHERLY LINE OF THE SAID 8.650 ACRE
TRACT, 45.01 FEET TO AN IRON PIN SET;
THENCE S04°17'52"E, 45 FEET EASTERLY OF AND PARALLEL TO THE SAID
EASTERLY LINE OF THE 8.650 ACRE TRACT AND THE CENTERLINE OF EITERMAN
ROAD, 484.50 FEET TO AN IRON PIN SET IN THE SOUTHERLY LINE OF THE SAID
8.650 ACRE TRACT;
THENCE S79°09'37"VU, ALONG THE SOUTHERLY LINE OF THE SAID 8.650 ACRE
TRACT, 45.29 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.5027
ACRES, MORE OR LESS, OF WHICH 0.2798 ACRES LIES WITHIN THE EXISTING
ROAD RIGHT-OF-WAY, WHICH EQUALS A NET AREA OF 0.2229 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 AN MADE PART HEREOF.
A
BY: Zi 2P0'
DATE
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f S. PATRICK
I=j' MILLS
5.7158 4
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EXHIBIT
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PREPARED BY: EXHIBIT B-PARCEL 7WD
BURGESS & NIPLE, LIMITED 0.5027 ACRE
ENGINEERS & ARCHITECTS
5085 REED Roa,o EITERMAN ROAD
coLUMBUS, OHIO 43220 PERMANENT RIGHT-OF-WAY
FOR: THE CITY OF DUBLIN. OHIO DUBLIN, OHIO
I ROBERT W. RINGS TR
INSTRUMENT 200010130208971
~ 6.604 ACRES _ _
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~ INSTRUMENT 200010300218949 ; N W'i
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~ ~ PROPOSED 0.5027 ACRE
N o' PERMANENT RIGHT-OF-WAY ~
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m i 484.50'
S 04' 17' 52" E _
R~W - _ _ - 842.87'
3 488.88'
° EITERMAN ROAD N 04.17'52" W P.o.B.
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° FRANKLIN COUNTY
MONUMENT FCGS 7752
~ .`~.~Q` y/~°; & POINT OF REFERENCE
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v ~ S, PATRICK ~ TOTAL TAKE = 0.5027 ACRES
~ LEGEND ~ !HILLS P.R.O. = 0.2798 ACRES
3 O IRON PIN FOUND . ,p 3'7158 ~ : NET = 0.2229 ACRES
~ • IRON PIN SET t AF C O ,
o ~ RAIL ROAD SPIKE FOUND ~ C~STER~' J~~` THE BEARINGS USED HEREIN ARE BASED ON
v RAILROAD SPIKE SET ~'.yss/Q~(Al SU~,.~'~, THE OHIO STATE PLANE COORDINATE SYSTEM
? MONUMENT FOUND WITH THE LINE BETWEEN FCGS 2229 AND
a^, ®PK NAIL FOUND FCGS 2230, BEING N05'40'27"W FROM THE
~ AVAILABLE RECORDS, AND FlELD INFORMATION.
a DRAWN CHECKED JOB N0. BY, Z6
!!~*a/' DLR SPM 27974 PROFESSIONAL SURVEYOR ATE