40-90 Resolution
RECORD OF RESOLUTIONS
\
Day tOri Legal Blank Co ;orm No 30045
Hesu!lItiU!i SU. ~90 Passed i9
A RESOLUTION OF INTENT TO APPROPRIATE
FEE SIMPLE INTEREST AND A TEMPORARY
CONSTRUCTION EASEMENT IN A 4.204 ACRE
TRACT OWNED BY THE COUNTY OF FRANKLIN,
OHIO AND COMPUSERVE, INC. 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 obtaining fee simple
interest and a temporary construction easement in and to the premises
as described in attached Exhibits "A" and "B", located in the City of
Dublin, Township of Perry, Franklin County, Ohio.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~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, 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",
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, 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 4th day of September , 1990.
I hereby (IHt:f'l thot (O""I'lS of t'.:, 1').-1'".,.,." 1".."",."" w~rn poste~ in thE
City of Dubl;n in accordance w'th Se::t'on 731.25 of the Ohio R~vised Code.
/) .
Attest: #ta7ut/!<.J Y?0 't~~<...-a~)
Clerk 8f Council, Dublin, Ohio
/1
.fltZ/!t/ (/ ~ z: t!4zd/--~>
Clerk of Council
I, Frances M. Urban (Ip+ of (I'Hl!1cil, hereby certify that the
foregoing is a true copy o~~Resol,.'t 0:1 tlo. 40-90
duly adopted by the Council of the City of D:Jbl'n, O~'o, on the 4th
day of September , 1990
lA ()IJt~":/) y/j~ ;;: ~ 0#-J
- . (Ierk of Council, Dublin, Ohio
..If'C'i if. ......
EXHIB1T A
, 88263705 September 30, 1988
DESCRIPTION OF A 0.122 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
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 being out of that 4.204 acre
tract of land described in the deed to the County of Franklin,
Ohio, of record in Deed Book 3568, Page 893, Recorder's Office,
Franklin County, Ohio, said 0.122 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-86.33'15"E, with the i
centerline of said Tuller Road, a distance of 1677.33 feet to an .
angle point; thence S-86039'45"E, with the centerline of said I
Tuller Road, a distance of 24.01 feet to the southwesterly
corner of said 4.024 acre tract of land, the same being the
southwesterly corner of that 0.204 acre tract of land described
in the deed to the Village (City) of Dublin, of record in Deed
Book 3559, Page 864, and the southeasterly corner of that 9.468
acre tract of land described in the deed to Tuller Ridge
Partners, of record in Official Record 05630B14, both being of
record in the Recorder's Office, Franklin County, Ohio; thence
N-02031'15"E, with the westerly line of said 0.204 acre tract
and said 4.204 acre tract, the same being the easterly line of
said 9.468 acre tract, a distance of 25.00 feet to a 3/4-inch !
(I.D.) iron pipe at the true point of beginning at the I
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northwesterly corner of said 0.204 acre tract; I
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Thence, from said true point of beginning, N-02031'15"E, I
with the westerly line of said 4.204 acre tract and with the
easterly line of said 9.468 acre tract, a distance of 15.00 feet
to a point;
Thence S-86039'45"E, crossing said 4.204 acr~ tract,
parallel with and 40.00 feet northerly from, as measured at
right angles, the centerline of said Tuller Road, a distance of I
355.32 feet to a 3/4-inch (I.D.) iron pipe in the easterly line
of said 4.204 acre tract, the same being in the westerly line of I
that 3.064 acre tract of land described in the deed to the Ohio I
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Bell Telephone Company, of record in Deed Book 3030, Page 640, I
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Recorder's Office, Franklin County, Ohio; I
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Thence S-02031'15"W, with the easterly line of said 4.204
acre tract and with the westerly line of said 3.064 acre tract,
a distance of 15.00 feet to the northeasterly corner of said I
0.204 acre tract;
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PAGE 1 OF 2 PAGES
, 88263705 September 30, 1988
DESCRIPTION OF A 0.122 ACRE AREA OF LAND (Cont'd)
"
Thence N-86"39'45"W, with the northerly line of said 0.204
acre tract, the same being parallel with and 25.00 feet
northerly from, as measured at right angles, the centerline of
said Tuller Road, a distance of 355.32 feet to the true point of
beginning and containing 0.122 acre of land, more or less.
Subject to all rights-of-way, easements and restrictions,
if any, of previous record.
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.
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 I-270
(FRA-270-10.33N) .
BAUER, DAVIDSON & MERCHANT, INC.
Consulting Engineers
By
e L. Dav
P.ofessional Surveyor No. 6942
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PAGE 2 OF 2 PAGES I
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88263705 September 30, 1988
DESCRIPTION OF A 0.122 ACRE AREA OF LAND (Cont'd)
"
Thence N-86.39'45"W, with the northerly line of said 0.204
acre tract, the same being parallel with and 25.00 feet
northerly from, as measured at right angles, the centerline of
said Tuller Road, a distance of 355.32 feet to the true point of
beginning and containing 0.122 acre of land, more or less.
Subject to all rights-of-way, easements and restrictions,
if any, of previous record.
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.
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 I-270
(FRA-270-10.33N) .
BAUER, DAVIDSON & MERCHANT, INC.
Consulting Engineers
By
e L. Dav
P ofessional Surveyor No. 6942
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PAGE 2 OF 2 PAGES I ,
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STEPHEN J. SMITH December 22 1988 5354 CEMETERY ROAD
DONALD BRECKENRIDGE ' PO. BOX 7
OF COUNSEL HILLIARD. OHIO 43026-0007
MITCHELL H BANCHEFSKY (614) 876-1229
Mr. Tom Carr
c/o CompuServe
5000 Arlington Centre Boulevard
Arlington, Ohio 43020
Re: Tuller Road Right of Way
Dear Tom:
Pursuant to my conversation of this date with Mr. Len
Kaiser, I am writing this letter to you due to the fact that Mr.
Kaiser will be on vacation for the next several days. As I
informed Mr. Kaiser, I am Assistant Law Director for the City of
Dublin, and my client has instructed me to obtain, either
voluntarily or via appropriation, additional right of way on
Tuller Road, so that the City can widen and improve that roadway.
Pursuant thereto, the Dublin City Engineer had a survey
conducted, which shows that title to your Tuller Road facility is
held by Franklin County.
In discussing this matter with an official from the Franklin
County Engineer's office, it appears that the County holds title
due to either public financing or some form of tax abatement. As
such, I am advised that the procedure to obtain the necessary
right of way involves first obtaining approval from the
appropriate official from CompuServe, with said approval then
being forwarded to the Franklin County Commissioner, who would
then actually convey the necessary right of way to the City of
Dublin.
In discussing this matter with Mr. Kaiser, it appears that
the main concern of CompuServe, at least at this point, is that
the above referenced right of way does not in any way cause an
interruption of telephone and/or other utility services.
Pursuant thereto, I have enclosed herein a reduced copy of the
surveyas is applicable to your Tuller Road property. I would
request that you review this at your earliest convenience and
contact me so that we may discuss any concerns you may have
relating thereto. Thank you for your prompt attention to this
matter.
Sincerely,
Mitchell H. Banchefsky
MHB:cej
cc w/encl.: Mr. Len Kaiser
Enclosure
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. . EXHIBIT 13
. .
"' June 2, 1989
. 89181305
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I DESCRIPTION OF A PROPOSED 0.082 ACRE ROADWAY I
TEMPORARY CONSTRUCTION EASEMENT LOCATED . I
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ON THE NORTHERLY SIDE OF TULLER ROAD AND EAST I
OF RIVERSIDE DRIVE, IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO I
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 (0.082 acre of land, more or less), said 0.082
acre area of land being in that 4.204 acre tract of land
described in the deed to the County of Franklin, Ohio, of record
in Deed Book 3568, Page 893, Recorder's Office, Franklin County,
Ohio, said 0.082 acre area of land being more particularly
described as follows:
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 1,677.33 feet to
an angle point; thence S-86'39'45"E, with the centerline of
said Tuller Road, a distance of 24.01 feet to the southwesterly I
corner of said 4.024 acre tract of land, the same being the I
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southwesterly corner of that 0.204 acre tract of land described I
in the deed to the Village (City) of Dublin, of record in Deed
Book 3559, Page 864, and the southeasterly corner of that 9.468 I
acre tract of land described in the deed to Tuller Ridge I
Partners, of record in Official Record 05630B14, said point also I
being the southeasterly corner of. that 0.850 acre tract of land
described in the deed to the City of Dublin, Ohio, of record in I
Official Record 13252F10, all being of record in the Recorder's I
Office, Franklin County, Ohio; thence N-2'31'15"E, with the I
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westerly line of said 4.204 acre tract, with the westerly line !
of said 0.204 acre tract, with the easterly line of said 9.468
acre tract and with the easterly line of said 0.850 acre tract, I
a distance of 40.00 feet to the true point of beginning at the I
northeasterly corner of said 0.850 acre tract; I
Thence, from said true point of beginning, N-2'31'15"E, I
with the westerly line of said ~.204 acre tract and with the i
easterly line of said 9.468 acre tract, a distance of 10.00 feet:
to a point; I
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Thence S-86'39'45"E, crossing said 4.204 acre tract, I
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parallel with and 50.00 feet northerly from, as measured at I
right angles, the centerline of said Tuller Road, a distance of j
355.32 feet to a point in the easterly line of said 4.204 acre I
I
tract, the same being in the westerly line of that 3.064 acre I
tract of land described in the deed to the Ohio Bell Telephone I
Company, of record in Deed Book 3030, Page 640, Recorder's
Office, Franklin County, Ohio;
Thence S-2'31'15"W, with the easterly line of said 4.204 I
acre tract and with the westerly line of said 3.064 acre tract, I
a distance of 10.00 feet to a point; I
Thence N-86'39'45"W, parallel with and 40.00 feet northerly I
,. from, as measured at right angles, the centerline of said Tuller i
I Road, a distance of 355.32 feet to the true point of beginning I
and being a 0.082 acre area of land, more or less. !
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