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12-92 Resolution RECORD OF RESOLUTIONS Dayton Legal Blank Co. form No 30045 .. ____._====-.c====~=c=-,:======~.. .. .....=-=,,:= Heso!lltioll Xo. 12-92 Fussed . ...._ H____~__ .. 19 - - _.~.-----~ - ----- -"-- - - - -- --- ---~------_._-_._._---,"'-------"------ -- ,__..___________M.______" _ ____"~_______.._______"'_ A RESOLUTION OF INTENT 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 RESOLVED by the Council of the city of Dublin, state of Ohio, 7 of the elected members concurring that: section 1. Council considers it necessary and declares its intention to appropriate for the purpose of improving Tuller Road, 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". 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 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 resolution shall go into immediate effect. Passed this ~;r;L.. day of ~ ' 1992. ATTEST: CJ~t (q. Ci~v'f--- Clerk of Council I hereby certify that copies of t"is{hd'lIu,~/Resolution w~re po.sted in the City of Dublin in accordance with Secfon 731.25 of the OtllO ReVised Code. UyvvlA- a.. @~ Oerk of (Gundl, Dublin, Ohio J\~{l . R-~. lL.--9?- '. i~' t'l T ,,', ' '.':. ~, A II November 22, 1991 91478112 t: x~i6l'i 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 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 0.183 acre area of land, more or less, 0.091 acre of said 0.183 being out of J:"T""' 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_ Hd Associates.' of record in Official Record 058llC19, Recorde' 's I Office, Franklin county, Ohio, said 0.183 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-86-33'15"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 westerly 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, Ohio; 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 centerline of said Tuller Road and with the southerly line of said TRACT I and TRACT II, a I distance of 399.73 feet to the true point 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 I-270 (FRA-270-l0.33N). BAUER, DAVIDSON & MERCHANT, INC. I ' " C nsu 'ting Engineers I I ,. I No. 6942 I E~h~'6rt \\ B r1 Re'S . \L-90 91478111 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, 0.183 acre of said 0.365 being out of EXHIBIT B TRACT II and 0.182 acre of said 0.365 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. H. . AssociatesJ of record in Official Record 05811C19, Re6order's I Office, Franklin County, Ohio, said 0.365 acre area of land I 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 tract of land designated as PARCEL 4 and described in the deed to Herbert W. Bash, Jr., of record in I official Record 10564005, Recorder's Office, Franklin County, Ohio; 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 beginning; I Thence, from said true point of beginning, 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; Thence S-86-33'15"E, parallel with and 40.00 feet northerly I from, as measured at right angles, the centerline of said Tuller Road, a distance of 395.57 feet to a 3/4-inch (I.D.) 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 record in Official Record l77l6E17, Recorder's Office, Franklin County, Ohio; I 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 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-86-33'15"W, with the centerline of said Tuller Road and with the southerly line of said TRACT I and TRACT II, a distance of 399.73 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 I 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 Ohio Department of Highways for Interstate Route 1-270 I (FRA-270-10.33N)_ BAUER, DAVIDSON & MERCHANT, INC. ,,- " t . . Consu ting Engineer I .". . ;. . 'v \ , "". .', By, . : ! . m e L. Dav s . '. . i I. " Ii': ofessional Surveyor No. 6942 '. \ . , I. ; I . t : t - . I,:,.y Ke:s - \ L-~l... t~h;6i+ lIed 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 I 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, beinq a strip of land, ten feet in width (0.091 acre of land, more or less), 0.046 acre of said 0.091 acre being in that 0.B20 acre tract of land designated as TRACT I and described in EXHIBIT A of the deed to B.V.H_ Associate~, of record in Official Record 05BIIC19, Recorder's Office, Franklin County, Ohio, and 0.045 acre of said 0.091 acre being in that 1.000 acre tract of land designated as TRACT II and described in said deed to B.V.H. Associates, said 0.091 acre area of land being more particularly described as follows: , 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 tract of land designated as PARCEL 4 I and described in the deed to Herbert W. Bash, Jr., of record in Official Record l2ll6F17, Recorder's Office, Franklin County, Ohio; thence S-B6"33'15"E, with the centerline of said Tuller I Road and with the southerly line of said TRACT II, a distance of 50.27 feet to a point; 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; 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 point; I Thence S-86-33'15"E, parallel with and 50.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 394.53 feet to a point in the easterly line I of said TRACT I, the same being in the westerly 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, Ohio; Thence S-J-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; Then~e N-B6-J3'15"W, parallel with and 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 acre area of land, more or less. 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