The URL can be used to link to this page

Home My WebLink About044-92 Ordinance C 1- "-. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._______ __~_4_~'_~n Passed___ -------- ____n______ ___ ___00_ __nn19________ AN ORDINANCE TO APPROPRIATE A PERMANENT SEWER EASEMENT AND A TEMPORARY r CONSTRUCTION EASEMENT IN AS. 0 ACRE TRACT OWNED BY ELIZABETH A. HERDMAN, ET AL., ..... LOCATED ON THE WESTERLY SIDE OF RIVERSIDE DRIVE AT TULLER ROAD, PARTIALLY IN THE CITY OF DUBLIN AND PARTIALLY IN THE TOWNSHIP OF PERRY, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin is preparing to improve Tuller Road; and, WHEREAS, said improvement will require the City of Dublin obtaining a permanent sewer easement and temporary construction easement in and to the premises described in the attached Exhibit "A", located partially within the City of Dublin and partially within the Township of Perry, Franklin County, Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, state of Ohio, 7 of the elected members concurring that: section 1. A permanent sewer easement and temporary r- construction easement in and to the premises located partially in the city of Dublin and partially within the Township of ....... Perry, Franklin County, Ohio, and more fully described in the legal description attached hereto as Exhibit "A", is hereby appropriated for the public purpose of improving Tuller Road, 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 Eight Hundred Nine Dollars ($809.00), which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated. 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, 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. The funds related thereto have been previously \..., appropriated within the TULLER ROAD IMPROVEMENT FUND for the purpose of paying all costs incident to such acquisition. '>."~'~';"'-~,", < "."- " !rllM ...,.., ",~:~~.--"",".,," ( . ... RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.__m___~_4_~'_2u_ P assedm-- __ ___ _um_ _ m___m _m__ _w_ m _19 n____ page Two r- 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 improvement of Tuller Road is necessary due to the condition of an increased traffic flow on Tuller Road. Therefore, this ordinance shall go into immediate effect. Passed this if~ day of ~- , 1992. ATTEST: ~ ~ ~ Clerk of Council r- '-- I hereby certify that cOI);e~ nf tt.;~ Or't:na"~e/-Re)ululiulI were posted in the City of Dubl;" in accordance w:th Sed:on 731.2S of the Of1io Revised Code. ~@~~ Clerk of Council. Dublin, Ohio ,... ~ \... ""'t'..F!,:::.~...-.:'~"""'<''''- ._-_..,..._..~-~--, ~~ j~" -I 1 i!iil r .-1. ..= "1 " ~/ .:t.~ ... -". . - EXHIBIT "A" 89181309 June 2, 1989 DESCRIPTION OF A PROPOSED TEN rOOT WIDE 00023 ACRB) PERMANENT STOJUl SEWER EASEMENT AAEA OF LAND AND A .00078 ACRE TEMpoi\A!\Y CONSTRUCTION EASEMJNT LOCATED ON THE WESTERLY SIDE OF RIVERSIDB DRIVE AT TULLER ROAD, IN PART, IN THE CITY or DUBLIN AND, IN PART, IN THB TOWNSHIP or PERRY, COUNTY OF FRANkLIN I STATE OF oHto r , ~ERMANEKT EASEMENT situated in the state at Ohio, County at Franklin, in part, I in the city ot DUblin and, in part, in the TownBhip ot Perry, being in Quarter Township 2, Township 2 North, Range 19 West, United state. Military La~da, beinq a .tri~ ot land, ten feet in width (0.023 acro of land, more or leBs), said 00023 acre area I being in that 5 aere traot ot land desoribed in the certificate of Transfer to Elizabeth Ao herdman et a1 (4), of record 1n otfioial Record 01474B07, Reoorder's Offioe, Franklin county, I Ohio, said 0.023 aore area of land beinq more partioularly desoribed aB tollows. Beg1nning, tor r.t.~enc., at the oenterline intersection ot I Tuller Road and Riverside Drive, thence $-9022'42"W, with the centerline of said Riverside Drive, a distance of 30.17 feet to the true point at beginningt I . Thenoe, trom said true point of beginning, S-9022'42"W, with the oenterline of said Riverside Drive, a dis~ance ot 10.05 teet to a poin~' Ir Thence N-8dt33'15"W, parallel with and 40.00 teet .outh~rly from, .. ~ea8ured at right an91e., the weeter1y extension of the I oenterline of .aid Tuller Road, a distanoo of 99.48 fe.t to a point, I Theno. N-3'26'45"E, a dls~anee of 10~OO feet to a point, Thence S-8d'33'15"E, parallel with a~d 30.00 fQet southerly trom, .. measured at right angle., the westerly e~ten8ion ot the I oenterline of said. Tuller Roadl a distanoe of 100.52 feet to the true point of beqinninq and be nq a 0.023 acre area of land, more or le8', I PURPOSE I For the purpose of oonstruoting, using and maintaining a I storm s.wer, appurtenant works and tributary connections 1n any part of tho hereinabove described ten foot wide permanent .a....nt area of land, includin~ the ~lq~t to olean, repair and I cara for .aid storm s.~er, toqe her with.the riqht of acoess to said strip tor saId purpose. TEMPORARY CONSTRUCTION EASEMENT I. The right to use, only during the period of construction of -- the storm seWor herein provided for, an additional 0.078 8cre I area of land in said Herdman 5 acre tractr B81d 0.078 acre 8rea or land beinq more particularly described as tollowBl I Beqinninq at the true point at beginning at ~hG hereinabove desoribed 00023 acre permanent easement, I. I PAOE 1 OF 2 PAGES I ~ .-.02 I , 8918130' June 2, 1989 ! :1\ DESCRIPTION OF A PROpOSED TEtf FOOT '(Contle!) Thence N-86 0 33' 15"W, wH:h the northerly line ot t.he hereinabove described 00023 acre ~e~an.nt easement, the same beinq parallel with and 30.00 tee southerly tron, .s measured at right ang1.., the we.ter1y extension of the centerline at said TUller Road; a distance ot 100.52 teet to the northwesterly corner ot said 0.02j acre permanent easement, . Thenoe S-3'26'45"W, with tho wester1I line of the -- hereinabove desoribed 0.023 aore permanen . easement, a distanee I of 10.00 teet to the 80uthwesterly corner of said 0.023 acre p.rmanen~ easement, Thence S-B6033'le"E, with the southerly line ot the ~ h.reinabov~ desoribed 0.023 acre permanent easement, the same belny parallel with and 40.00 teat 8outhe~1y tro~, ap measured at r ght angles, the we8terly extension ot the centerline of I said Tuller Road, a distanoe at 99.48 teet to the southea8terly corner ot said 0.023 aore permanent easement in the centerline ot said Riverside Drive' I Thenoe 8-9'22'42"W, with the centerline ~t said RiversIde Drive, a dietance ot 20.11 teet to a point, . , Thenoe N-86'33'1l5"W, parallel with and 20.00 teet southerly from, .e measured at right anglos; the southerly line of said 0.023 acre permanen~ easement, a diet.nceot 101.40 feet to a , . point, Thence N-3026i45~E, parallel with and 10,00 feet westerly I trom, a. measured at riqht angles. the wedterly line ot said 0.02j acre permanent 'easement, a distance of 40.00 feet to a point, I Thence S-8~;-33'15"!, parallel with and 10.00 teet northerly from, a8 measured at right: an91es, the northerly line of saId 0.023 aore p6rmahent easement! a distanoe ot 111.5~ feet to a point in the centerline of SA d Riverside Drivel , Thence S-9022t42"E, with the centerlin6 ot .aid Riverside Drive, a di.tahoe of 10,05 fe.t to the poi"t of beginning and , being a 0,018 adr. area ot lahd, .ora or les., I . , I I I. i ..... I I I I PAOE 2 OF 2 PAGES ~ ; TOT ft.. P. Cl3 . FISCAL OFFICER'S CERTIFICATE To the Council of the City of Dublin, Ohio: "".,.. As fiscal officer of the City of Dublin, I certify in connection with your proposed issue of $4,100,000 notes (the Notes) to be issued in anticipa- -" tion of the issuance of bonds (the Bonds) for the purpose of paying costs of providing additional facilities at the Coffman Park Municipal Complex for the conduct of municipal government operations by constructing, furnishing and equipping a new police facility, and acquiring real estate and interests in real estate and making site improvements thereon (the improvement), that: l. The estimated life or period of usefulness of the improvement is at least five years, 2. The maximum maturity of the Bonds, calculated in accordance with Section 133.20 of the Revised Code, is twenty years. That maximum maturity is based on my calculation of the average number of years of life or period of usefulness of the improvement as measured by the weighted average of the amounts proposed to be expended for the several classes of the improvement as follows: $890,000 for land acquisition, thirty years; $4,083,490 for build ings and other structures, twenty-five years; and $2,026,510 for equipment, furnishings and site improvements, ten years; the weighted average is therefore twenty years. The Bonds are to be paid from voted taxes approved by the electors of the City and the voters approved those taxes and the Bonds for a period of twenty years, If notes in anticipation of the Bonds are outstanding for a period in excess of five years from the date of the original issue of notes, the period in excess of five years shall be deducted from that maximum maturity of the Bonds, 3. The maximum maturity of the Notes is twenty years, Dated: May 4, 1992 ~~~.~~ Director of Finance ~ City of Dublin, Ohio