42-90 Resolution
RECORD OF RESOLUTIONS
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Dayton Legal Blank Co < arm No 30045
Resu!lItiu!I .Yu. 42-90 Passed j9
A RESOLUTION OF INTENT TO APPROPRIATE A
PERMANENT SEWER EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT IN A 5.0 ACRE TRACT
OWNED BY ELIZABETH A. HERDMAN, ET.AL.,
LOCATED ON THE WESTERLY SIDE OF RIVERSIDE
DRIVE AT TULLER ROAD PARTIALLY IN THE
CITY OF DUBLIN AND PARTIALLY IN THE
TOWNSHIP OF PERRY, COUNTY OF FRANKLIN,
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 obtaining a
permanent sewer easement and temporary construction easement in and
to the premises as described in the attached Exhibit "A", located
partially within the City of Dublin and partially within 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 permanent
sewer easement and temporary construction easement in adn to the
premises located partially in the City of Dublin and partially within
the Township of Perry, Franklin County, Ohio, and more fully described
in the legal description attached hereto as Exhibit "A".
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 4tfiay of September , 1990.
1 ~.reby certify thnt cn~'r!~ of I":' n..r,.,.,..,.~l", ."........., wnrp '1",'~:'
my of Dublin in acco:Ja,ce w:'h 5:'1 "':;'~:.:S 0: L:l )1,:0 j(cv.~~ J .. '.J.
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3:f;a~~? /7;, ~~0
Attest: . Clerk .f Cou6cill Dublinl Ohio ". .;
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'- . ~a~c 7JJ '-(;(..1..- ~
Clerk of Council
I Frances M. Urban Clerk of Council, here"'! .......f. "" ",
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foregoing is a tr:JC tO~y ()~'RIi~e!Resolution No. _42-90
duly adopted by the Cound of the City of Dublin, Ohio.." 4tg
day of f;efl1;9V'Qt>r 1990
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.-.j ~ti'U/);;J '/1 Z'/1--dd-?t-/
/ Oerk.f toune:!' ~'"'''' ;;:."
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. . . EXHlelT "A.'
8~18l309 June 2, 1989
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DESCRIPTION OFA PROPOSED TEN FOOT WIDE I
0.023 ACRE) PERMANENT STORM SEWER EASEMENT I
I, AREA OF LAND AND A 0.078 ACRE TEMPORARY CONSTRUCTION
I' EASEMENT LOCATED ON THE WESTERLY SIDE OF I
RIVERSIDE DRIVE AT TULLER ROAD, IN PART,
IN THE CITY OF DUBLIN AND, IN PART,
IN THE TOWNSHIP OF PERRY, COUNTY OF
FRANKLIN, STATE OF OHIO
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PERMANENT EASEMENT I
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situated in the State of Ohio, County of Franklin, in part, I
in the City of Dublin and, in part, in the Township of Perry, I
beinq in Quarter Township 2, Township 2 North, Ranqe 19 West,
United states Military Lands, beinq a strip of land, ten feet in
width (0.023 acre of land, more or less), said 0.023 acre area
beinq in that 5 acre tract of land described in the Certificate
of Transfer to Elizabeth A. Herdman et al (4), of record in
Official Record 01474B07, Recorder's Office, Franklin County, ;
Ohio, said 0.023 acre area of land beinq more particularly I
described as follows: j
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Beqinninq, for reference, at the centerline intersection of
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Tuller Road and Riverside Drive; thence S-9.22'42"W, with the !
. centerline of said Riverside Drive, a distance of 30.17 feet to I
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the true point .of beqinninq;
Thence, from said true point of beqinninq, S-9.22'42"W,
with the centerlin~ of said Riverside Drive, a distance of 10.05
feet to a point;
Thence N-86.33'ls"W, parallel with and 40.00 feet southerly
from, as measured at riqht anqles, the westerly extension of the
centerline of said Tuller Road, a distance of 99.48 feet to a
point;
I Thence N-3.26'4s"E, a distance of 10.00 feet to a point;
Thence S-86.33'15"E, parallel with and 30.00 feet southerly i
I from, as measured at riqht anqles, the westerly extension of the I
jl centerline of said Tuller Road, a distance of 100.52 feet to the I
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I true point of beqinninq and beinq a 0.023 acre area of land, I
I more or less. I
I PURPOSE
I For the purpose of constructinq, usinq and maintaininq a
II storm sewer, appurtenant works and tributary con~ections in any
part of the hereinabove described ten foot,wide permanent
easement area of land, includinq the riqht to clean, repair and
care for said storm sewer, together with the righ~ of access to
said strip for said purpose.
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TEMPORARY CONSTRUCTION EASEMENT I
The right to use, only durinq the period of construction of I
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the storm sewer herein provided for, an additional 0.078 acre
area of land in said Herdman 5 acre tract, said 0.078 acre area i
of land beinq more particularly described as follows: i
I Beginninq at the true point of beqinninq of the hereinabove I
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described 0.023 acre permanent easement; .I I
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~ 89181309 June 2, 1989
DESCRIPTION OF A PROPOSED TEN FOOT (Cont'd)
Thence N-86"33'15"W, with the northerly line of the
hereinabove described 0.023 acre permanent easement, the same
being parallel with and 30.00 feet southerly from, as measured I
at right angles, the westerly extension of the centerline of
said Tuller Road, a distance ot 100"52 teet to the northwesterly
corner of said 0.023 acre permanent easement;
Thence S-3"26'45"W, with the westerly line of the
hereinabove described 0.023 acre permanent easement, a distance
ot 10.00 feet to the southwesterly corner ot said 0.023 acre
permanent easement;
Thence S-86"33'15"E, with the southerly line ot the
hereinabove described 0.023 acre permanent easement, the same
being parallel with and 40.00 teet southerly trom, as measured
at right angles, the westerly extension of the centerline of
said Tuller Road, a distance of 99.48 feet to the southeasterly
corner of said 0.023 acre permanent easement in the centerline
ot said Riverside Drive;
Thence S-9"22'42"W, with the centerline of said Riverside
Drive, a distance of 20.11 teet to a point;
Thence N-86"33'15"W, parallel with and 20.00 feet southerly
from, as measured at right angles, the southerly line of said
0.023 acre permanent easement, a distance of 107.40 feet to a
point;
Thence N-3"26'45"E, parallel with and 10.00 teet westerly I
from, as measured at right angles, the westerly line of said
0.023 acre permanent easement, a distance of 40.00 feet to a
point;
Thence S-86"33'15"E, parallel with and 10.00 feet northerly
from, as measured at right angles, the northerly line of said ,
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0.023 acre permanent easement, a distance of 111.56 feet to a ;
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point in the centerline of said Riverside Drive; I
I Thence S-9.22'42"E, with the centerline of said Riverside
Drive, a distance of 10.05 feet to the point of beginning and I
being a 0.078 acre area of land, more or less. I
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