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HomeMy WebLinkAbout056-92 Ordinance . . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NOon n5~-U. Passednmmnn n n nm nmn m m..19.mnn I AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 8.539 ACRE TRACT OWNED BY r BANCOHIO NATIONAL BANK, LOCATED ON THE \.. SOUTH 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" and "B", 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" and "B", 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 Thirty Thousand Ninety-two Dollars ($30,092.00), 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. ..... ! ~ V'".~~-__~ . . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. ________5'____92__ Passed------n------- - n___ _________19___ ---- 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 for such reason 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 ~ day of ~~ , 1992. ATTEST: ~{1~ ~ Clerk of council ,r ~, I hereby ,:p.ft;fv ~hnf ro"ip'~ nf t~:, ()-<l'".,,,.,, 1~..~CI!.lf&R- were posted in the ..... City of O'.IbPn 'n !]~cordance w ;h Se<t;on 731.25 of the otIio Revised Code. ~cz.. ~ Clerk of Council, Dublin, Ohio ,.. \.... .,~, . ---_.--~~,_..~,~..,'--~<" .", ''''-- '~If :n'll .Jl' ~- .)i"l!.- - ~ .l . ..~, '. ,'" EXHIBIT "AI' ~r:, ~ -~:", ' 91.78109 November 22, 1991 .n ':'~: . - ) DESCRIPTION OF A 0.120 ACRg AREA OF LAND THE SOUTHERLY SIDE OF TULLER ROAD AND WEST OF TULLER '~ RlOOB DRIVE, IN THB CITY OF DUBLIN, COUNTY OF FRANRLIN, STATE OF OHIO, 1 I ;,... (BANCOHIO TRACT) ./' ,.. '~rt"~ . ! Situated in the state of Ohio, County of Franklin, city of ,.""" DUblin, being in Quarter Township 2, To~nship 2 North, Range 19 West, United states Military Lands, being a 0.120 acre area of .- land, more or less, said 0.120 acre area of land being in that 8.539 acre tract of land designated as TRACT 2 and described in the deed to BancOhio National Bank, of record in Official Record iii 15735D17, said 8.539 aore tract peing part of Lot '3 as the same is numbered and delineated upon the recorded plat of the Lands of Chaunoey MoGurer, of record in Plat ~ook 12, Page 21, both being of reoord in the Recorder's Offic~, Franklin county, Ohio, said 0.120 aore area of land being more particularly described as follows! Beginning, for reference, at the centerline intersection of Tuller Road and Tuller Ridge Drive as the same is designated and delineated upon the recorded plat of Tuller Ridge Drive and Easements, of record in Plat Book 71, Page 60, said reference foint of beginning being in a northerly line of said Lot 3 and n the northerly line of that 1.172 acre tract of land described in the deed to The city of DUblin, of record in Official Record 12116"02, both beiny of record in the Recorder's Office, Franklin County, Oh 0' thence S-3.26'45"W, with the centerline of said Tuller Ridge Drive, crossing said 1.172 acre tract, a distance of 40.00 feet to a point in the southerly right-Of-way line of said Tuller Road, the same being in the southerly line of said 1.172 acre tract, thence N-86.33'15"W, with the southerly right-of-way line of said Tuller Road and with the southerly line of said 1.112 acre tract, a distance of 54.44 feet to the true point of beginning at an angle point in the boundary of said 8.539 aore tract, the 8ame being a point of curvature in the right-of-boundary of said Tuller Ridge Drive, Thence, from said true point of beginning, southeastwardly, with a northeasterly line of said 8.539 acre tract and with a southwesterly right-of-way line of said Tuller Ridge Drive, the same being the aro of a ourve to the right having a radius of 25.00 feet, a central angle of 53.01'48" and a chord that bears S-59.59'21"E, a chord distance of 22.36 feet to a point, Thence N-86.33'15"W, parallel with and 50.00 feet southerly from, as measured at right angles, the centerline of said Tuller . Road, a distance of 527.10 feet to a point in the westerly line of said 8.539 aore tract, . Thence N-3.26'45"E, with the westeriy line of said 8.539 acre tract, a distance of 10.00 feet to a point at the southwesterly corner of said 1.112 acre tract, the same being . the southeasterly corner of that 0.331 a9re tract of land described in the deed to The city of DUblin, of record in Offioial Reoord 12166G1S, Recorder's ottioe, Franklin county, -' Ohio, III . I I PAGE 1 OF 2 PAGES I Ill'...', 't .,l.~,,";,. . . 91478109 Novelllber 22, 1991 · l~f~,( DESCRIPTION OF A 0.120 ACRE AREA OF LAND (Cont'd) Thence S-96.33'15"E, with the southerly line of said 1.172 acre tract, the same being parallel with and 40.00 feet southerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 507.10 feet to the true point of beginning and being a 0.120 acre area of land, more or less. --- subjeot to all rights-ot-way, easements and restrictions, if any, of previous record. Also subject to all legal highways. We herebI state that the foregoing description was prepared from intormat on obtained from actual f~eld surveys conducted by Bauer, Davidson & Merchan~, Inc. in January of 1997 and in september of 1999. The bearings given in the foregoinq description correspond to the bearings given for the centerlin~ of survey made by the Ohio Department of Highways for Interstate Route 1-270 (FRA-270-10.33N). .. BAUER, DAVIDSON' MERCHANT, INC. Consu t~ng Engineer . ..' No. 69~2 " . .. , ..... \.~...... :'. : '__ - ~; ,. i .: " .. 1 ~".: c..""'J :':'.~.. ~ o. .,: , ~ c.,l ".. : . . .1 .. .... , . l. , . ,...." . : I . I ; . Il I I I PAGE 2 OF 2 PAGES I -------------..-- '..,.~ . '..,' . .- .. . EXHIBIT "B" '.'" 9U78121 November 27, 1991 " " DESCRIPTION OF A 0.122 ACRE ROADWAY TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THI SOUTHERLY SIDI OF TULLER ROAD AND WEST OF TULLER RIDGI DRIVE, IN tHE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO (BANCOHIO 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 0.122 acre area of land, more or less, said 0.122 acre area of land being in that 8.539 acre tract of land designated as ,TRACT 2 and described in the deed to Bancohio National Bank, of record in Official Record 15735D17, said 8.539 acre tract being part of Lot 3 as the same is numbered and delineated upon the re~orded plat of the Lands of Chauncey McGurer; of record in Plat Book 12, Page 27, both being of record in the Reoorder's Offioe, Franklin county, Ohio, said 0.122 aore area ot land being mora particularly described as followst Beginning, for reference, at the oente~line intersection of Tuller Road and Tuller Ridge Drive as the same is designated and delineated upon the recorded plat of Tuller Ridge Drive and Easements, of reoord in Plat Book 71, Page 60, said reference point of beginning being in a northerly, line of said Lot 3 and in the northerly line of that 1,172 acre tract of land described in the deed to The city of DUblin, of record in Official Record l2ll6H02, both being ot reoord in the R~oorder's Ottice, Franklin County, Ohio, thence S-3'26'45"W, with the centerline ot said Tuller Ridge Drive, crossing said 1.172 acre tract, a distance of 40.00 feet to a point in the southerly right-of-way line of said Tuller Road, the same being in the southerly line ot said 1.172 acre tract, thence N-86'33'15"W, with the southerly right-ot-way line of said Tuller Road and with the southerly line of said 1.172 acre tract. a distance ot 54.44 feet to an angle point in the boundary of said 9.539 acre tract, the same being a point of curvature in the right-of-way boundary of said Tuller Ridge Drivel thence southeastwardly, with a northeasterly line of said 9.539 aCre tract and with a southwesterly right-of-way line of said Tuller Ridge Drive, the same being the arc of a curve to the right having a radius of 25,00 feet, a central angle of 53'07'48" and a chord that bears 9-59'59'21"1, a chord distance of 22.36 feet to the true point of beginning, Thence, from said true point of beginning, southwardly, with an easterly line of said 9.539 acre tract and with a westerly right-ot-way line of said Tuller Ridge Drive, the same being the arc of a curve to the right having a radius of 25.00 feet, a central angle ot 25'19'59" and a chord that bears S-20'45'27"E, a chord distance of 10.96 feet to a point, Thence N-96'33'15"W, parallel with and 60,00 feet southerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 531.60 feet to a point in the westerly line of said 9,539 acre tract, Thence N-3'26'45"E, with the westerly line of said 8.539 acre tract, a distance of 10.00 feet to a point: Thence S-96'33'15"E, parallel with ,and 50.00 feet southerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 527,10 feet to the true point ot beginning and being a 0,122 acre area of land, more or less.' .