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Home My WebLink About15-06 Ordinance RECORD OF ORDINANCES Dayton Legal Blank. Inc. Form No. 30043 15-06 Ordinance No. Passed 20 AN ORDINANCE TO APPROPRIATE A COMBINED 0.499 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A COMBINED 0.152 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT, FROM JUDY LEE CORBETT AND DUANE R. CORBETT, LOCATED SOUTH OF TUTTLE CROSSING BOULEVARD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the City of Dublin is preparing to widen Tuttle Crossing Boulevard between Wilcox Road and I-270 and improve related traffic circulation; 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", "B", "C" and "D" located in the City of Dublin, Franklin County, Ohio. 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 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", "B", "C" and "D" are hereby appropriated for the public purpose of widening Tuttle Crossing Boulevard between Wilcox Road and I-270, 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 One Hundred Seventeen Thousand Five Hundred Ninety Dollars and 00/100 Cents ($117,590.00) which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated as their interests 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 owners 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 petition 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 be appropriated from the Capital Improvements Tax Fund One Hundred Seventeen Thousand Five Hundred Ninety Dollars and 00/100 Cents ($117,590.00) to account 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 of Tuttle Crossing Boulevard between Wilcox Road and I-270 is necessary to improvement traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this aZ4~'l. day of ~ , 2006. Mayor -Presiding Officer ATTEST: I hereby certify that copies of this Ordinance/Resolution were posted in the ~ City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Clerk of Council I e uty Clerk of Council, Dublin, Ohio . (Ura. 1.S'Ob CITY 0 F DUBLIN EXHIBIT PREPARED BY THE CITY OF DUBLIN, R/ W AND E AS E M E N T ENGINEERING TUTTLE CROSSING BLVD. DUBLIN, OH. 5800 Shier Rings Road • Dublin, Ohio 43016-1236 Phone (614)410-4600 • Fax (614)761-6506 - _ - - - LANDSCAPING =-~M PLE .y~(q ~ ~ - U ~gppLE 11-U CDNST.LIMITS 3-U W 2'M _i, ~ > GAK GRASS I MAPLE MA J w INST.#199810150262928 14 a~ ]6' 18• 20' a~ GRASS Ww MAPL ¢g 6MAPLEMAPLE 4. MAPLE k > `30• 2• 1-W ~ w ELlli`~"\ ELM I c STUMP ~APLE lph~~/ ~ O ~ ~.er. EX.R/W ~ GRASS ,p~~~ +74.00 32.31'L 1 EXISTING R/W 3-W ~ TUTTLE ROAD WA°Nli~ "RTONE 11-W 32.22'L ~ TUTTLE ROAD WALL +26.85 F PA NT +x3.95 +73.61 - 23+DO - 2:D'L Z _ R - - +02.5 ' C.6S O.E. ~ r/.CO ~ S 64'25'34' W 052, PG 55 CROSSING _ EX.EDGE OF PRVEMEN7 CROSSING +74.72 1- ?p~ C.bS.D~E 30' C.bS.DE. 4-W GRASS 15' COL IH 26.85'R ~,p, / DB 3052, PG 55 GRASS ~.rr. DB 3052, PG 66 ~ ~ GR 15. ~o y. ~g' ~_IS' COLUPBiF 'FS" EXR/W PI NE'' 15' CDLU"'BlA GAS . 12 ~l,JE OR 151e5 t-D3 _-2 ,'r. ~ PINE ~ DR i51rP E-03 - - - - I MBIA GAS 20' COLUMBIA GAS 3-6' 20' COLUMBIA GAS ?9 E-03 OR 28349 F-02 CRAB APPL i OR 28349 F-13 i I ' i 4-U CONST.LIMITS 6-U\ GAS GRASS 2-U ~'a~ - 02 ¢ I - - T - GRASS - - - ~ O p• I PINE W, AND MAPLE I , TEES OF ARAB i f B L~°-a TER TRUST APPLE ! - - 097 / . U~ 7) ( HOUSE NO. 5539 10' ~ in^~ ~7 7-STORY STONE d STUCCO PI1~ w ~ ~ JUDY LEE CORBE77 AND I DUANE R. CORBE77 DB 3086 PG 233 L DUANE RICHARD CORBET7 AND 273-005405-00 JUDY LEE CORBE77 L000 ACRES (DEED) DB 2907 PG 331 0.00 ACRES (AUDITOR) 273-005378-00 TUTTLE RD. 1.000 ACRES (DEED) NE7=0.767 1.00 ACRES (AUDITOR) TBA=0.233 NE7=0.734 7BA=0.266 / 12 ]4 = INDICATES UTILITY EASEMENT AREA. (0.152 ACRE) = INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.227 ACRE) = INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.272 ACRE) DRAWN CHECKED DATE: JOB N0. TOTAL RIGHT-OF-WAY = (0.499 ACRE) JLR KBR 03/01 /06 ATTACHMENT A PARCEL 12-WD Being a parcel of land lying on the right side of the centerline of survey of Tuttle Road, made for the City of Dublin as recorded in Plat Book Page _ of the records of Franklin County. Situatc in Virginia Military Survey No. 3011, City of Dublin, County of Franklin, State of Ohio, and being part of a 1.000 acre tract as conveyed to Judy Lee Corbett and Duane R. Corbett by deed of record in Deed Book 3086, Page 233 (a11 references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and being more particularly bounded and described as follows: Commencing for reference at a railroad spike found in the east line of Virginia Military Survey No. 3004 and the west line of Virginia Military survey No. 3011, also being the centerline intersection of Tuttle Road and Old Wilcox Road as shown in Plat Book 75, Page 45-46; Said found railroad spike is North eighty-four degrees twenty-five minutes thirty- four seconds East (N 84°2S'34"E) two-thousand twenty-nine and 91/100 feet 2,029.91 feet to FCGS 2213, and is North eighty three degrees one muiutes twenty-three seconds East (N 83°01'23" E) three-thousand one-hundred forty and 17/ 100 feet 3,140.17 feet to FCGS 6641; thence North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°2S'34"E) for six hundred forty-five and 23/100 feet (645.23') to the northeast corner of a 1.091 acre tract as conveyed to William Michael Sherman, and George W. Sherman, Trustees of Ruth Sherman Credit Shelter Trust by deed of record in Instrument No. 200310290347097 and the northwest corner of said 1.000 acre tract being the TRUE POINT OF BEGINNING of the herein described tract; thence continuing along the south line of said 1.739 acre tract and the centerline of said Tuttle Road and along the north line of said 1.000 acre tract and the south line of a 1.033 acre tract as conveyed to Capital City Lodge Temple Corporation by deed of record in Official Record 31707 E-03 North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°2S'34"E) for one hundred fifty-three and 46/100 feet (153.46 to the northeast corner of said 1.00 acre tract and the northwest corner of a 1.000 acre tract as conveyed to Duane Richard Corbett and Judy Lee Corbett by deed of record in Deed Book 2901, Page 331; thence along the east line of said 1.000 acre tract and the west line of said 1.000 acre tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for sixty-six and 00/100 feet (66.00') to a point; a EXHIBIT a J J Q r thence across said 1,000 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (584°25'34"W) for one hundred fifty-three and 46/100 feet (153.46') to a point in the west line of said 1.000 acre tract and the east line of said 1.091 acre tract; thence along the west line of said 1.000 acre tract and the east line of said 1,091 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for sixty-six and 00/100 feet (66.00') to the TRITE POINT OF BEGINNING, containing zero and 233/1000 (0.233) acres, more or less, subject however to all covenants, conditions, restrictions, reservations, rights-of--way, and easements contained in any instrument of record pertaining to the above described tract of land. It is understood that the above described tract contains 0.233 of an acre, more or less including the present road, which occupies 0.106 of an acre, more or less. The Franklin County Auditor's Office carries the affected tract as a 1.00 acre tract with Parcel No. 273-005405-00. This description was prepared from a field survey performed by Woolpert, Inc. in January, 2002, with bearings based upon the Ohio State Plane Coordinate System, South Zone, North American Datum of 1983 (1986), holding FCGS 2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E). The Grantor claims title by instrument of record in Deed Book 3086, Page 233, Recorder's Office, Franlin County, Ohio. W of ert, In . ~ ,~~',~E ~pF ~Oti' ~ ~ 11- G ~P ~o S ~.•'•STEVEN ••s QL~T ~.a33 AcR.~ b~US t WAYNE * " Steven W. Newell .n ~ NEWELL ~ b c.'C' ~a~3 Ohio Professional Surveyor #7212 S-7Q1 Q t~0 SH o.S 'I'N~`~q~STEP'A . SS vP BONA l S DESC>'ION V~'IED DEAN C~. ~~LE, P.E.PS. BY: DATE: $ ~ ATTACHMENT A PARCEL 12-UV Being a parcel of land lying on the right side of the centerline of survey of Tuttle Road, made for the City of Dublin as recorded in Plat Book Page _ of the records of Franklin County. Situate in Virginia Military Survey No. 3011, City of Dublin, County of Franklin, State of Ohio, and being an utility easement over a 1,000 acre tract as conveyed to Judy Lee Corbett and Duane R. Corbett by deed of record in Deed Book 3086, Page 233 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and described as follows: Commencing for reference at the northwest corner of said 1.000 acre tract also being in the centerline of Tuttle Road (Tuttle Road Sta. 20+73.54, 0.00 feet left); thence along the west line of said 1.000 acre tract South five degrees thirty-one minutes forty-seven seconds East (505°31'47"E) for sixty-six and 001100 feet (66.00') to a point being the TRUE POINT OF BEGINNING (Tuttle Road Sta. 20+73.49, 66.00 feet right) of the herein described easement; thence across said 1.000 acre tract North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E) for one hundred fifty-three and 46/100 feet (153.46') to a point in the east line of said 1.000 acre tract (Tuttle Road Sta. 22+26.95, 66.00 feet right); thence along the east line of said 1.000 acre tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 22+26.93, 86.00 feet right); thence across said 1.00 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one hundred fifty-three and 46/100 feet (153.46') to a point in the west line of said 1.000 acre tract (Tuttle Road Sta.20+73.47, 86.00 feet right); thence along the west line of said 1.000 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for twenty and 00/100 feet (20.00') to the TRUE POINT OF BEGINNING, containing zero and 071/1000 (0.071) acres, more or less, subject however to all covenants, conditions, restrictions, reservations, rights-of-way, and easements contained in any instrument of record pertaining to the above described tract of land. ~ EXHIBIT a J It is understood that the above described tract contains 0.071 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less. The Franklin County Auditor's Office carries the affected tract as a 0.00 acre tract with Parcel No. 273-005405-00. This description was prepazed from a field survey performed by Woolpert, Inc. in 7anuary, 2002, with bearings based upon the Ohio State Plane Coordinate System, South Zone, North American Datum of 1983 (1986), holding FCGS 2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E). The Grantor claims title by instrument of record in Deed Book 3086, Page 233, , ,~ff/f lfllfd/fif Recorder s Office, Franklin County, OlugP~E ~F ,fy, ' S~ ~ oolpert, Inc. ; * +i VNAYNE NEWELL = S-741 Q a Steven W. Newell ~ ~F r T ~ Ohio Professional Surveyor #7212 , ,'%'`SS~~NA 1. g~~',':, . 'f~„~„~....•~. ATTACHMENT A PARCEL 14•WD • Being a parcel of land lying on the right side of the centerline of survey of Tuttle Road, made for the City of Dublin as recorded in Plat Book Page _ of the records of Franklin County. Situate in Virginia Military Survey No. 3011, City of Dublin, County of Franklin, State of Ohio, and being part of a 1.000 acre tract as conveyed to Duane Richard Corbett and Judy Lee Corbett by deed of record in Deed Book 2901, Page 331 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and being more particularly bounded and described as follows: Commencing for reference at a railroad spike found at the centerline intersection of Hirth Road and Tuttle Road as shown on the centerline of survey plat for Hirth Road, Washington Twp. Rd. No. 355; Said found raikoad spike is North eighty-four degrees twenty-three minutes twenty-one seconds East (N 84°23'21"E) fifteen and 09/100 feet 15.09 feet to FCGS 2213, and is North eighty degrees thirty minutes fifty-one seconds East (N 80°30'51" E) one-thousand one-hundred twenty-seven and 04/100 feet 1,127.04 feet to FCGS 6641; thence South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one thousand forty and 62/100 feet (1040.62') to the northeast corner of said 1.000 acre tract (Corbett) and the northwest corner of a 1.000 acre tract as conveyed to Russell Duemmel and Carol Leah Duemmel by deed of record in Deed Book 2901, Page 329, being the TRUE POINT OF BEGINNING of the herein described tract; thence along the east line of said Corbett tract and the west line of said Duemmel tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for sixty-six and 00/100 feet (66.00') to a point; thence across said Corbett tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one hundred seventy-five and 50/100 feet (175.50') to a point in the west line of said Corbett tract and the east line of a 1.000 acre tract as conveyed to Judy Lee Corbett and Duane R. Corbett by deed of record in Deed Book 3086, Page 233; thence along the west line of said Corbett tract and the east line of said Corbett tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for sixty-six and 00/100 feet (66.00') to the northwest comer of ~ EXHIBIT a C N J said Corbett tract and the northeast corner of said Corbett tract also being in the ' centerline of said Tuttle Road and the south line of a 1.033 acre tract as conveyed to Capital City Lodge Temple Corporation by deed of record in Official Record 31707 E-03; thence along the north line of said Corbett tract, the south line of said 1.033 acre tract, and the centerline of said Tuttle Road North eighty-four degrees twenty- five minutes thirty-four seconds East (N84°25'34"E) for one hundred seventy- five and 50/100 feet (175.50') to the TRUE POINT OF BEGINNING, containing zero and 266/1000 (0.266) acres, more or less, subject however to all covenants, conditions, restrictions, reservations, rights-of--way, and easements contained in any instrument of record pertaining to the above described tract of land, It is understood that the above described tract contains 0.266 of an acre, more or less including the present road, which occupies 0.121 of an acre, more or less. The Franklin County Auditor's Office carries the affected tract as a 1.00 acre tract with Parcel No. 273-005378-00. This description was prepared from a field survey performed by Woolpert, Inc. in January, 2002, with bearings based upon the Ohio State Plane Coordinate System, South Zone, North American Datum of 1983 (1986), holding FCGS 2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E). The Grantor claims title by instrument of record in Deed Book 2901, Page 331, Recorder's Office, Franklin County, Ohio. L p-(II- oolpert, n ;`'••P~~" ~.F. ~y/0 ~~l.~T 0 .o~bb tAc~,d S ~ h *~.'~STEVEN~••. * p Ur o~'~a73~ ~ WAYNE Steven W. Newell : -v NEWEI.I ~ ; S3'l ~ Ohio Professional Surveyor #7212%pp $-7414 ~~0,; F 1 TE ~ F ~~~~'•sS/ONA L SJ~ DEAN C. iVi~GI.E. P.E.,P.S. $Y: DATE: f 6'7 ATTACHMENT A ' PARCEL 14-UV Being a parcel of land lying on the right side of the centerline of survey of Tuttle Road, made for the City of Dublin as recorded in Plat Book Page _ of the records of Franklin County. Situate in Virginia Military Survey No. 3011, City of Dublin, County of Franklin, State of Ohio, and being an utility easement over a 1.000 acre tract as conveyed to Duane Richard Corbett and Judy Lee Corbett by deed of record in Deed Book 2901, Page 331 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and described as follows: Commencing for reference at the northeast corner of said 1.000 acre tract also being in the centerline of Tuttle Road (Tuttle Road Sta. 24+02.50, 0.00 feet left); thence along the east line of said 1.000 acre tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for sixty-six and 00/100 feet (66.00') to a point (Tuttle Road Sta. 24+02.45, 66.00 feet right) being the TRUE POINT OF BEGINNING of the herein described easement; thence continuing along the east line of said 1.000 acre tract South five degrees thirty-one minutes forty-seven seconds East (SOS°31'47"E) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 24+02.43, 86.00 feet right); thence across said 1.000 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84°25'34"W) for one hundred seventy-five and 50/100 feet (175.50') to a point in the west line of said 1.000 acre tract (Tuttle Road Sta. 22+26.93, 86.00 feet right); thence along the west line of said 1.000 acre tract North five degrees thirty-one minutes forty-seven seconds West (NOS°31'47"W) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 22+26.95, 66.00 feet right); thence across said 1.000 acre tract North eighty-four degrees twenty-five nunutes thirty-four seconds East (N84°25'34"E) for one hundred seventy-five and 50/100 feet (175.50') to the TRUE POINT OF BEGINNING, containing zero and 081/1000 (0.081) acres, more or less, subject however to all covenants, ,conditions, restrictions, reservations, rights-of-way, and easements contained in any instrument of record pertaining to the above described tract of land. It is understood that the above described tract contains 0.081 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less. EXHIBIT a ~D N Q i ' The Franklin County Auditor's Office carries the affected tract as a 1.00 acre tract with Parcel No. 273-005378-00. This description was prepared from a field survey performed by Woolpert, Inc. in January, 2002, with bearings based upon the Ohio State Plane Coordinate System, South Zone, North American Datum of 1983 (1986), holding FCGS 2213 and FCGS 6641 with a bearing of North eighty-four degrees twenty-five minutes thirty-four seconds East (N84°25'34"E). The Grantor claims title by instrument of records?~~~~~~d Book 2901, Page 331, Recorder's Office, Franklin County, Ohioo o~~PgE OF oolpert, Inc. e e O o e WAYN£ Steven W, Newell ~ 9F~l,STER~'~ ~ 00 Ohio Professional Surveyor #7212 •'•.;sS~ Q~~, ° o '~''r n ,n~aaoaer