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Home My WebLink About23-06 Resolution RECORD OF RESOLUTIONS Dayton ~E!g.?1 Blan~:_I~~_,_, Form _~o..:._~OO<1:5__ Resolution No. 23-06 Passed ,20 - A RESOLUTION OF INTENT TO APPROPRIATE A 0.454 ACRE, MORE OR LESS, FEE SIMPLE INTEREST, AND A 0.138 ACRE, MORE OR LESS, PERMANENT UTILITY EASEMENT, FROM DONALD S. LOWERY AND DIANNE L. LOWERY, 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 1-270 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" and "B" located in the City of Dublin, Franklin County, Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council, ofthe City of Dublin, State of Ohio, -4- of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the purpose of widening Tuttle Crossing Boulevard between Wilcox Road and 1-270, a fee simple interest and permanent utility easement in and to the premises located in the City of Dublin, Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A" and "B". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This Resolution shall take effect and be in force from and after the earliest date permitted by Jaw, k ,2006. Passed this !ofh day of . Mayor - Presiding Officer ATTEST: ~C!-C-f~ Clerk of Council 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. D .., "'''':'' """'T-" . ,. CITY OF DUBLIN EXHIBIT ( .. PREPARED BY THE CITY OF DUBLIN, R/W AND EASEMENT ENGINEERING TUTTLE CROSSING BLVD. 5800 Shier Rings Road. Dublin. Ohio 43016-1236 DUBLIN, OH. Phone (614)410-4600 . Fax (614)761-6506 '-..-/ ----- '----/ '-..-/ 10'I/HITE GRASS cf;~ 8 8 GINO 24' OE "BAll 4-VD 8-VD 0 HAPlf 9- W ;J.~~ EX, R/\/ I.'F. EX, R/\/ 3,97 I EXISTING R/V I CONST, GRASS 3 ,65'l TUTTLE ROAD TUTTLE ROAD fX,fDGE OF PAVfHfNT ~.~ ;'7.?,~9 fX,fDGf OF PAVfHfNT TUTTLE ROAD _ 16+00 r-- ~ I ~~I\'i ~~ '" ~ ~'" 20' COlUMBIA GAS ~\ 15~ 12' ~~ OR 28349 F'<lJ",'BS GRASS PROP. R/\/ rK ~~ / 8-uV . GRASS ... . /. 8 CONST. LIMITS ~- / / 7-UV 12' 4' I" 10' INf ~ ~ ___ ~ _ __ _~/ ~/ ~~ ~CRAB APPlL-- ~f f--- 6' INf ' / l't~,., , ~ GRASS ;' / PINf DONALD S, WI/fRY AND BASK[TB~ll ,., / / DlANNf L. LOl/fRY 0 HOOP. 10'PINf / I 0) ~~3:~3JM=b~ 10' ! / ( 7 1,203 ACRfS (DffD) HAPlf I ( 0) / 1,20 ACRfS (AUDITOR) 7 / 1,,--_ ,-_ NfT;0,973 TBA;0,227 . 1_.___ DO~1~eNf' L~Ot'cf~MND fX'~~f~~l T l 1 0 0 DR 25414 F -11 HOUSf NO, 5625 0 273-005400-00 I-STORY FRAHf & BRICK 1,313 ACRfS (DffD) 0,000 ACRE (AUDITOR) r- NfT;I,086 i J TBA;0,227 : ----.. -1 r : --~ l_ I I I = INDICATES UTILITY EASEMENT AREA. (0.138 ACRE) = INDICATES AREA OF EXISTING RIGHT-OF-WAY. (0.206 ACRE) I I = INDICATES AREA OF PROPOSED RIGHT-OF-WAY. (0.248 ACRE) DRAWN CHECKED DATE: JOB NO. TOTAL R/GHT-OF-WA Y = (0.454 ACRE) JLR KBR 03/01/06 A TT ACHMENT A PARCEL 7-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 1.313 acre tract as conveyed to Donald S. Lowery and Dianne L. Lowery by deed of record in Official Record 25414 F-ll, and part of a 1.203 acre tract as conveyed to Donald S. Lowery and Dianne L. Lowery by deed of record in Official Record 25414 F-12 (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 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 84025'34"E) two-thousand twenty-nine and 91/100 feet 2,029.91 feet to FCGS 2213, and is North eighty three degrees one minutes twenty-three seconds East (N 83001'23" 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 (N84025'34"E) for one hundred ninety-five and 23/100 feet (195.23') to the northwest comer of said 1.313 acre tract being the TRUE POINT OF BEGINNING of the herein described tract; thence continuing along the south line of said 1.2068 acre tract, along the north line of said 1.313 acre tract, the south line of a 1.032 acre tract as conveyed to David H. Gease and Delores Gease by deed of record in Deed Book 2853, Page 676, the north line of said 1.203 acre tract and the south line of a 1.033 acre tract as conveyed to The Anita Joye Reality Company, Ltd. by deed of record in mstrument No. 199712290177374 and the centerline of said Tuttle Road North eighty-four degrees twenty-five minutes thirty-four seconds East (N84025'34"E) for three hundred and 00/100 feet (300.00') to the northwest comer ofa 1.091 acre tract as conveyed to William Michael Shennan, and George W. Shennan, trustees of Ruth Sherman Credit Shelter Trust by deed of record in mstrument No. 200310290347097; ~ EXHIBIT ~ L ~ I'" ~ thence along the east line of said 1.203 acre tract and the west line of said 1.091 acre tract South five degrees thirty-one minutes forty-seven seconds East (S0503I'47"E) for sixty-six and 00/100 feet (66.00') to a point; thence across said 1.203 acre tract and said 1.313 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84025'34"W) for three hundred and 00/100 feet (300.00') to a point in the west line of said 1.313 acre tract and the east line of said 0.9937 acre tract; thence along the west line of said 1.313 acre tract and the east line of said 0.9937 acre tract North five degrees thirty-one minutes forty-seven seconds West (N05031'47"W) for sixty-six and 00/100 feet (66.00') to the TRUE POINT OF BEGINNING, containing zero and 454/1000 (0.454) 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 0.227 of an acre, more or less including the present road, which occupies 0.103 of an acre, more or less out of Parcel No. 273-005400-00, and 0.227 of an acre, more or less including the present road, which occupies 0.103 ofan acre, more or less out of Parcel No. 273-005389-00, for a total of 0.454 acres, more or less, including the present road, which occupies a total of 0.206 acre. The Franklin County Auditor's Office carries the affected tracts as a 1.313 acre tract with Parcel No. 273-005400-00, and as a 1.20 acre tract with Parcel No. 273-005389-00, 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 (N84025'34"E). The Grantor claims title by instrument of record in Official Record 25414 F -11, Recorder's Office, Franklin County, Ohio. o -111- (.. Woolpert, Inc. ................. sYl.." O. ~~ 1 A~ c5 W ....t-~t OF Off "" ov-'T o-t- (;).'73)5'100 .... I. ~ DEScalP11QN VE D w~~'\ ~ DEAN C: RINGLE. P.E.,P.5. : WAYNE * : SPLi, ().')()f AC-(l~ BY' \,\:r . Steven W. Newell :- ! NE E : ,D~~~. Ohio Professional Surveyor #721 ~ ~ \ S- ~1 ~ ~ j D\J\1 C~ (;.73) 53 IO".p,~f>. #.,1(\ . . I~ <<'15' ..~~fSTE\l.~Q ~<v ..' I.,. s/,. -ufff. ,,- ", DNA L S .,-' "." f,. ,...""., A IT ACHMENT A PARCEL 7-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 1.313 acre tract as conveyed to Donald S. Lowery and Dianne L. Lowery by deed of record in Official Record 25414 F-11, and over a 1.203 acre tract as conveyed to Donald S. Lowery and Dianne L. Lowery by deed of record in Official Record 25414 F-12 (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 1.313 acre tract also being in the centerline of Tuttle Road (Tuttle Road Sta. 16+23.54,0.00 feet left); thence along the west line of said 1.313 acre tract South five degrees thirty-one minutes forty-seven seconds East (S05031 '47 "E) for sixty-six and 00/100 feet (66.00') to a point (Tuttle Road Sta. 16+23.49, 66.00 feet right) being the TRUE POINT OF BEGINNING of the herein described easement; thence across said 1.313 acre tract and 1.203 acre tract North eighty-four degrees twenty-five minutes thirty-four seconds East (N84025'34"E) for three hundred and 00/100 feet (300.00') to a point in the east line of said 1.203 acre tract (Tuttle Road Sta. 19+23.49,66.00 feet right); thence along the east line of said 1.203 acre tract South five degrees thirty-one minutes forty-seven seconds East (S05031'47"E) for twenty and 00/100 feet (20.00') to a point (Tuttle Road Sta. 19+23.47,86.00 feet right); thence across said 1.203 acre tract and 1.313 acre tract South eighty-four degrees twenty-five minutes thirty-four seconds West (S84025'34"W) for three hundred and 00/100 feet (300.00') to a point in the west line of said 1.313 acre tract (Tuttle Road Sta. 16+23.47, 86.00 feet right); thence along the west line of said 1.313 acre tract North five degrees thirty-one minutes forty-seven seconds West (N05031'47"W) for twenty and 001100 feet (20.00') to the TRUE POINT OF BEGINNING, containing zero and 138/1000 (0.138) 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 ..J <( (.:l ~ -B- ~ l;; j <( It is understood that the above described tract contains 0.138 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less. It is understood that the above described tract contains 0.069 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less out of Parcel No. 273-005400-00, and 0.069 of an acre, more or less including the present road, which occupies 0.000 of an acre, more or less out of Parcel No. 273-005389-00, for a total of 0.138 acres, more or less, including the present road, which occupies a total of 0.000 acre. The Franklin County Auditor's Office carries the affected tracts as a 0,000 acre tract with Parcel No. 273-005400-00, and as a 1.200 acre tract with Parcel No. 273-005389-00. This description was prepared from a field survey performed by W oolpert, 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 (N84025'34"E). The Grantor claims title by instrument of rec~n\.in Official Record 25414 F -11, .,." '. -'" Recorder's Office, Franklin County, QJti~t OF OJt.I'I" ,,~ :'\ ~- 10 ".... " '? "" QU /. STEVEN ~ g I WAYN.E * ~ ~ i NEWEU : (/t\~ ;. ~ \. So721i . g j Steven W. Newell ....,.(\~ · -9~Q/T 9 Z... Ohio Professional Surveyor #7212 .'.'.~~/ONA L S~"..,.. .,... t,. ."",