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HomeMy WebLinkAbout045-92 Ordinance , f.. ~ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._ m._!i'~'_~~__ Passed__m__ mmn___ nmn___ mnm___m_19n _00 AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION "... EASEMENT IN A 1.82 ACRE TRACT OWNED BY .. BVH ASSOCIATES, INC. , LOCATED ON THE .. NORTH SIDE OF TULLER ROAD, IN THE '- TOWNSHIP OF PERRY, 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 to obtain a fee simple interest and a temporary construction easement in and to the premises described in the attached Exhibits "A", "B" and "C", located in 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 fee simple interest and a temporary construction easement in and to the premises located in the Township of Perry, Franklin County, Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A", "B" and "C", 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 Forty-one Thousand Seven Hundred Seventy-one Dollars ($41,771.00), 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. r- ...... .~''''--' ~ -~ ~-~---_._- . ;. '_l RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.____n_m_t5_~t2__ Passedm___ _n unn __ mn m_m__ m__19_ Page Two ~ 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 4~ day of ~ , 1992. ~pr~~ ATTEST: ~.a. ~ Clerk of Council r- ....... I hereby wff-t thof r.ollies of i!.:c Orrina~(e/lbJ)olurllm were posted in the City of D'Jblin in accordance w:th Section 731,25 of the Ohio Revised Cod.. ~cL~ Clerk of Coundl, Dublin, Ohio r ..... "."^'."__;"'i~ . -~ .",p-""_'~""",,"""'__,o;;o,_ . - J. -- ~", ....--....."""'" - ~ .> f.~'~~ ~. November 22, . ., '\ ':'. ~40~ ... ... 91478112 EXHIBIT "A" 1991 . . ~ ~ DESCRIPTION OF A 0.183 ACRE AREA OF LAND (PRESENT ROAD OCCUPIED) LOCATED ON THE NORTHERLY SIDE OF THE CENTERLINE'OF TULLER ROAD AND EAST OF RIVERSIDE DRIVE, IN Till!! TOWNSHIP OF PERRY, COUNTY OF FRANRLIN, STATE OF OHIO (B.V.H. ASSOCIATES TRACT) situated in the State of Ohio, County of Franklin, Township of Perry, being in Quarter Township 2, Township 2 North, Range 19 West, United States Military Lands, being a 0.193 acre area of land, more or less, 0.091 acre of said 0.183 being out of --. EXHIBIT B TRACT II and 0.092 acre of said 0.183 acre being out I of EXHIBIT A TRACT I, as said EXHIBIT B 'tRACT II and EXHIBIT A TRACT I are designated and described in the deed to B.V. Hi Associates,' of record in Official Record 058l1C19, Recorde' 's I Office, F~~nklin county, Ohio, said 0.18~ acre area of land being more particularly described as follows: Beginning, for reference, at the centerline intersection of I Tuller Road and Riverside Drive, the same being the southwesterly corner of said TRACT II and the northwesterly corner of that 26.215 acre tract of land,designated as PARCEL 4 I and described in the deed to Herbert W. Bash, Jr., of record in Official Record 10564D05, Recorder's Office~ Franklin County, Ohio, thence S-86.33'lS"E, with the centerline of said Tuller Road and with the southerly line of said TRACT II, a distance of I 50.27 feet to the true point of beginning, Thence, from said true point of beginning, N-09.22'42"E, I parallel with and 50.00 feet easterly from, as measured at right angles, the centerline of said Riverside Drive, a distance of 20.11 feet to a point: I Thence S-86.33'15"E, parallel with and 20.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 397.65 feet to a point in the easterly line I of said TRACT I, the same being in the w~sterly line of the land described in the deed to The Thomas Family Limited Partnership, of record in Official Record l77l6E17, Recorder's Office, I Franklin County, Ohior Thence S-03.26'45"W, with the easterly line of saId TRACT I and with the westerly line of said The Thomas Family Limited I Partnership land, a distance of 20.00 feet to the southeasterly corner of said TRACT I in the centerline .of said Tuller Road, the same being the southwesterly corner of said The Thomas I Family Limited Partnership land, . Thence N-86.33'15"W, with the centet1ine of said Tuller I Road and with the southerly line of said TRACT I and TRACT II, a distance of 399.73 feet to the true poin~ of beginning and being a 0.183 acre of land, more or less. I Subject to all rights-of-way, easements and restrictions, if any, of previous record. Also subject to all legal highways. I We hereby certify that the foregoing description was prepared from information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in January of 1987 and in September of 1988. I ~. The bearings given in the foregoing description correspond to the bearings given for the centerline of survey made by the I Ohio Department of Highways for Interstate Route 1-270 (FRA-270-10.33N). BAUER, DAVIDSON & MERCHANT, INC. I C nsu 'ting Engineers , I . ~. :. I No. 6942 I 91478111 EXHIBIT "B" November 22, 1991 , ' . DESCRIPTION OF A 0.365 ACRE AREA OF ; LAND LOCATED ON THE NORTHERLY SIDE OF THE CENTERLINE OF TULLER ROAD AND EAST ,OF RIVERSIDE DRIVE, IN THE TOWNSHIP OF PERRY, COUNTY OF FRANKLIN,STATE OF OHIO (B.V.H. ASSOCIATES TRACT) situated in the State of ohio, County of Franklin, Township of Perry, being in Quarter Township 2, Township 2 North, Range 19 West, United States Military Lands, being a 0.365 acre area of land, more or less, 0.193 acre of said 0.365 being out of EXHIBIT B TRACT II and 0.182 acre of said 0.365 acre being out r of EXHIBIT A TRACT I, as said EXHIBIT B TRACT II and...EXIIIBIT,A TRACT I are designated and described in the deed to B.Vo H. . AssooiatesJ of reoord in Official Reoord 05811C19, Recorder's Office, Franklin County, Ohio, said 00365 acre area of land . being more particularly described as follows: Beginning, for reference, at the centerline intersection of Tuller Road and Riverside Drive, the same being the I southwesterly corner of said TRACT II and the northwesterly corner of that 26.215 acre traot of land designated as PARCEL 4 and described in the deed to Herbert W.Bash, Jr., of record in . Official Record 10564005, Recorder's Office, Franklin County, ohio1 thence S-86.33'15"E, with the centerline of said Tuller Road and with the southerly line of said TRACT II, a distance of . 50.27 feet to the true point of beginning1 , I Thence, from said true point of be~inning, N-09.22'42"E, parallel with and 50.00 feet easterly from, as measured at right I angles, the centerline of said Riverside Drive, a distance of 40.22 feet to a 3/4-inch (1.0.) iron pipe; 1(' Thence S-96033'15"E, parallel with and 40.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 395.57 feet to a 3/4-inch (1.0.) iron pipe in the easterly line of said TRACT I, the same being in the I westerly line of the land described in the deed to The Thomas Family Limited Partnership, of reoord in Official Record 17716E17, Recorder's Office, Franklin County, Ohio; I Thence S-03026'45"W, with the easterly line of said TRACT I and with the westerly line of said The Thomas, Family Limited Partnership land, a distance of 40.00 feet to the southeasterly I corner of said TRACT I in the centerline: of said Tuller Road, the same being the southwesterly corner of said The Thomas Family Limited Partnership land; . ' I Thence N-86033'15"W, with the cente~line of said Tuller Road and with the southerly line of said TRACT I and TRACT II, a distance of 399.7j feet to the true point of beginning and I containing 0.365 acre of land, more or less. I Subject to all rights-of-way, easements and restrictions, I if any, of previous record. Also subject to all legal highways. We hereby certify that the foregoing description was Ip,~ prepared from information obtained from actual fie'ld surveys conducted by Bauer, Davidson' Merchant, Inc. in January of 1987 and in September of 1988. I~ The bearings given in the foregoing description correspond to the bearings given for the centerline of survey made by the Ohio Department of Highways for Interstate Route 1-270 I (FRA-270-10.33N)0 INC. ..' '" , . . 00. . ;; . . . I II . . .: . . I . ." ,. '.. , ': " " , I. I . '. 1 : \ ----~---- ------ '~~f... . ,r'''' 1 ,f , j, -..' .. , 't !\.. ... . . ~ '.f:' I~ - .. . . .1 EXHIBIT "e" . 1\, 91478110 November 22, 1991 DESCRIPTION OF A PROPOSED 0.091 ACRE ROADWAY TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE NORTHERLY SIDE OF TULLER ROAD AND EAST OF RIVERSIDE DRIVE, IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO (B.V.H. ASSOCIATES TRACT) TEMPORARY CONSTRUCTION EASEMENT , r situated in the State of Ohio, county of Franklin, city of Dublin, being in Ouarter Township 2, Township 2 North, Range 19 West, United States Military Lands, being a strip of land, ten feet in width (0.091 Bcre of land, more or less), 0,046 Bcre of said 0.091 acre being in that 0.820 acre, tract of .land designated as TRACT I and described in EXHIBIT A of the deed to B.V.H. Assooiate8~, of record in Official- Record 05811C19, Recorder's Offioe, Franklin County, Ohiof and 0.045 acre of said 0.091 acre being in that 1.000 acre trac of land designated as TRACT II and described in said deed to B.V.". Associates, said 0.091 acre area of land being more ~artibu1arly described as followsr . I Beginning, for reference, at the centerline intersection of Tuller Road and Riverside Drive, the same being the southwesterly corner of said TRACT II and the northwesterly corner of that 26.215 acre traot of land. designated as PARCEL 4 I and described in the deed to Herbert W. Bash, Jr., of record in Official Record 12116F17, Recorder's Office, Franklin County, ohiol thence S-86'33'15"E, with the centerline of said Tuller I Road and with the southerly line of said. TRACT II, a distanoe of 50.27 feet to a pointl thence N-9'22'42"E, parallel with and 50.00 feet easterly from, as measured at. right angles, the centerline of said Riverside Drive, a distance of 40.22 feet to I the true point of beginning 1 Thence, from said true point of beginning, N-9'22'42"E, I parallel with and 50.00 feet easterly from, as measured at right angles. the centerline of said Riverside Drive, a distance of 10.05 feet to a point1 I Thence S-86'J3'15"E, parallel with ~nd 50.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 394.53 feet to a poitit in the easterly line I of said TRACT I, the same being in the westerlr line of the land described in the deed ~o The Thomas Family Lim ted Partnership, of record in Official Record l77l6E17, Recorder's Office, I Franklin County, ohiol Thence S-3.26'45"W, with the easterly line of said TRACT I and with the westerly line of said The Thomas Family Limited I Partnership land, a distance of 10.00 feet to a point: Thence N-86.33'15"W, parallel with ~.nd 40.00 feet northerly I from, as measured at right angles, the centerline of said Tuller Road, a distance of 395.57 feet to the true point of beginning and being a 0.091 aore area of land, more or less. Il '! II ~ .II ~". . .