HomeMy WebLinkAbout047-92 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. _ _"'l"~'_'_2__ Passed____ m______________ m___________19_
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
,.... EASEMENT IN A 1.638 ACRE TRACT OWNED BY
DAVID A. THOMAS, ET AL., LOCATED ON THE
..... NORTH SIDE OF TULLER ROAD, IN THE CITY OF
DUBLIN, 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 City of DUblin,
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
City of Dublin, 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.
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Section 2. Council hereby fixes the value of the interests
appropriated at Twenty-seven Thousand Nine Hundred Eighty
Dollars ($27,980.00), 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.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No, ___n_unj_'l.._9_2n Passedm__n____ __n__m___n___n _mnm_ m __19 __n__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 Jf~ day of ~ , 1992.
ATTEST:
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Clerk of Council
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....... I hereby certify that cop!es of tttis Ord;nance/R.~"III';Oft...w.re posted in the
City of Dublin in accordonce with Section 731.25 of the Ohio Revised Cod..
O/Vl~ @. ~
Clerk of Council, Dublin, Ohio
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r:' t;. ,..:. EXHIBIT "A"
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., 91479116 November 22, 1991
DESCRIPTION OF A 0.090 ACRE AREA OF
LAND (r.Uf:fJN',r4J~g^Q.;j.pqCUPIED~LOCATED ON
THE NORTHERLY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE; IN TIlE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
(DAVID A. THOMAS TRACT)
situated in the state of Ohio, County of Franklin, city of
Dublin, being in Quarter Township 2, Township 2 North, Range 19
,.- West, united States Military Lands, being a 0.090 acre area of
I land, more or less, said 0.090 acre being out of that 1..639 acre
tract of land described in the deed to David A. Thomas, let a1
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(3), of record in Official Record 0973SG01, Recorder's Office,
I Franklin county, Ohio, said 0,090 acre area of land being more
particularly described as follows:
Beginning, for reference, at the centerline intersection of
I Tuller Road and Riverside Drive, thence S-96'33'1S"E, with the
centerline of said Tuller Road, a distance of S80.00 feet to the
true point of beginning at the southwesterly corner of said
I 1.639 acre tract, the same being the sout~easterly corner of the
land described in the deed to The Thomas Family Limited
Partnership, of record in Official Record 17716E17, Recorder's
I Office, Franklin county, Ohio,
Thence, from said true point of begl'nning, N-3'26'45"E,
with the westerly line of said 1.638 acre tract and with the
I easterly line of said The Thomas Family Limited Partnership land
(O.R. 17716E17), a distance of 20.00 feet to a a point:
I Thence S-96.33'15"E, parallel with and 20.00 feet northerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 196.12 feet to a point in the easterly line
of said 1.638 acre tract, the same being in the westerly line of
I that 9.469 aore tract of land described in the deed to Tuller
Ridge Partners, of record in Official Recbrd 05630B14,
Recorder's Office, Franklin County, Ohio,
I Thence S-3'26'4S"W, with the easter1~ line of said 1.638
acre tract and with the westerly line of said 9.469 acre tract,
a distance of 20.00 feet to a point in the centerline of said
j Tuller Road at the southeasterly corner ot said 1.639 acre
tract, the same being the southwesterly corner of said 9.469
acre tract,
I Thence N-96.33'lS"W, with the centeriine of said Tuller
Road and with the southerly line of said 1.638 acre tract, a
I distance of 196.12 feet to the true point of beginning and
containing 0.090 acre ot land, more or less, more or less.
Subject to all rights-ot-way, easements and restrictions,
I if any, of previous record.
We hereby certify that the foregoing description was
I prepared from information obtained from actual field surveys
conducted by Bauer, Davidson , Merchant, Inc. in January of 1987
and in September of 1988.
, ., The bearings given in the foregoing description correspond
to the bearings given tor the centerline of survey made by the
Ohio Department of Highways tor Interstata Route 1-270
I (FRA-270-10.33N),
BAUER, DAVIDSON & MERCHANT, INC.
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\ .. . ting Engineers
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I No. 6942
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91478115 EXHIBIT "B" November 22, 1991
DESCRIPTION OF A 0.180 ACRE. AREA OF
LAND LOCATED ON THE NORTHERLY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
(DAVID A. THOMAS TRACT)
situated 1n the state of ohio, county of Franklin, city of
Dublin, being in Quarter Township 2, Township 2 North, Range 19
West, united states Military Lands, being a 0.190 acre area of
land, more or less, said 0.180 acre beinq:ou~.of th 639 acre "fi
--- tract of land described in the deed to 33' et al ~/
I (3), of record in Official Record 09135 , ~cot eY s ffice,
Franklin County, Ohio, said 0.180 acre area of land being more
particularly described as follows:
I Beginning, for reference, at the centerline intersection of
Tuller Road and Riverside Drive, thence S-86.33'15"E, with the
I centerline of said Tuller Road, a distance of 580.00 feet to the
true point of beginning at the southwesterly corner of said
1.639 acre tract, the same being the southeasterly corner of the
land described in the deed to The Thomas Family Limited
I Partnership, of record in Official Record 17116E17, Recorder's
Office, Franklin county, Ohio, ~
I Thence, from said true point of begbming, N-J'26'45"8,
with the wedterly line of said 1.638 acre tract and with the
easterly line of said The Thomas Family Limited PartnerShip land
I (O.R. l7716E17), a distance of 40.00 feet to a 3/4-inch (I.D.)
iron pipe,
Thence S-96"33'15"E, parallel with and 40.00 feet northerly
I from, as measured at right angles, the centerline of said Tuller
Road, a distance of 196.12 feet to a 3/4-1nch (1.0.) iron pipe
in the easter1I line of said 1.638 acre tract, the same being in
the westerly 1 ne of that 9.468 acre tract of land described in
I the deed to Tuller Ridge Partners, of recbrd in Official Record
05630B14, Recorder's Office, Franklin County, Ohio,
I Thence S-J'26'45"W, with the easterly line of said 1.639
acre tract and with the westerly line of said 9.469 acre tract,
a distance of 40.00 feet to a point in the centerline of said
I TUller Road at the southeasterly corner of said 1.639 acre
tract, ~he same being the southwesterly corner of said 9.468
acre tract,
I Thence N-96'33'15"W, with the centerline of said Tuller
Road and with the southerly line of saId 1.638 acre tract, a
distance of 196.12 feet to the true point ot beginning and
I containing 0.180 acre of land, more or less, more or less.
subject to all rights-ot-way, easements and restrictions,
I if any, of previous record.
We hereby certify that the foregoing description was
prepared from information obtained from actual field surveys
I conducted by Bauer, Davidson' Merchant, .Inc. in January of 1987
and in September of 1989.
I' . The bearings given in the foregoing description correspond
L., to the bearings given for the centerline of survey made by the
ohio Department of Highways for Interstate Route 1-270
(FRA-270-10.33N)"
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: . " BAUER, DAVIDSON , MERCHANT, INC.
, Consu 'ing Engineer
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~ No. 6942
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EXHIBIT "e" November 22, 1991
91478114
DESCRIPTION OF A PROPOSED 0.045 ACRE ROADWAY
TEMPORARY CONSTRUCTION BASEMENT LOCATED
ON THE NORTIIERLY SIDE OF TULLJ!:R ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF
bUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
(DAVID A. THOMAS TRACT)
TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, city of
DUblin, being in Quarter Township 2, Township 2 North, Range 19
West, United States Military Lands, being a strip of land, ten
feet in width (0.045 acre of land, more or less), said 0.045
acre area of land being in that l.6J8 acre tract of land
described in the deed to David A. Thomas, et al (3), of record
in Official Record 08735G07, Recorder's:Office, Franklin County,
Ohio, said 0.045 acre area of land being more particularly
described as follows: .
Beginning, for reference, at the centerline interseotion of
Tuller Road and Riverside Drive, thence S-86.3)'lS"E, with the
centerline of said Tuller Road, a distance of 580.00 feet 'to the
southwesterly corner of said 1.638 acre tract, the same being
the southeasterly corner of the land described in the deed to
the Thomas Family Limitd Partnership, of record in Official
Record l77l6E17, Recorder's Office, Franklin County, ohio1
thence N-J.26'45"E, with the westerly lirte of said 1.638 acre
tract and with the easterly line of said The Thomas Family
Limited Partnership 1and (O.R. l7716E17), a distance of 40.00
feet to the true point of beginning,
Thence, from said true loint of beginning, N-J.26'45"E,
with the westerly line of sa d 1.638 ac~e tract and with the
easterly line of said The Thomas Family'Limited Partnership
(O.R. 177l6EI7), a distance of 10.00 feet to a point:
Thence S-86.3)'lS"E, parallel with and 50.00 feet northerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 196.12 feet to a point in the easterly line
of said 1.638 acre tract, the same being in the westerly line of
that 9.469 acre tract of land described .in the deed to Tuller
Ridge Partners, of record in Official Record 056)OB14,
Recorder's Office, Franklin county, Ohio,
Thence S-3.26'45"W, with the easterly line of said 1.638
acre tract and with the westerly line ot said 9.468 acre tract,
a distance of 10.00 feet to a point, .
Thence N-86.3)'15"W, parallel with and 40.00 feet northerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance ot 196.12 feet to the true point of beginning
and being a 0.045 acre area of land, more or less.
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