76-95 Ordinance
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J .' RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'm_m7_6"_~n Passed__________.___nm__ m_n______________ _____.19______
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST
AND A TEMPORARY CONSTRUCTION EASEMENT IN A 18.202
ACRE TRACT OWNED BY COLLEGE PROPERTIES OF NORTHERN
OHIO, INC. LOCATED ON THE EAST SIDE OF STATE ROUTE
257 IN THE CITY OF DUBLIN, STATE OF OHIO, AND
~ DECLARING AN EMERGENCY
~ WHEREAS, the City of Dublin is preparing to improve state Route
257; 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, Franklin
County, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the city of
DUblin, state of Ohio, ~ 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, 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
state Route 257, 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 six Thousand Three Hundred Twenty-Five Dollars
($6,325.00), 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 STATE ROUTE 257 IMPROVEMENT FUND for
the purpose of paying all costs incident to such acquisition.
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 state Route 257 is
~ necessary due to the condition of an increased traffic flow on
state Route 257. Therefore, this ordinance shall go into
immediate effect.
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Passed this ~-th day of ~ ' 1995.
MaYO~~ Officer I hereby "";ly ~..I cop;es.f fhis Ord;nance!lt...I'lion were posted in Ibe
City of Dublin in a((ordonce with Section 731.25 of the ()!lio Revised ~ode.
ATTEST: ~ (2. ~
~ ~~ Clerk of Council, Dublin, Ohio
Clerk of Council
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. ::: '.~R om F1lAlIlIU:l co.. ll1i1,iJ 258 I 50 I 8 ~\ J, .. .
. I Ill.
f . I MAR 9 1994 ~'i.. ~\-; f
: # p11IT ClAn! DEZD V J)::. fJr,-, -1
Rl~' ?O a. rJ(i~lF. ll~wilC~::l '04 ~ c:' C.7 " . ) I ..
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mCRd, 'S m --role'll ."'""~ .-.{2.;( ~"{ THZSZ FRZSZ2ITS; 7':)-J
11 That OBZRLnl COL!ZGZ, an Ohio corporlltion not for profit, I
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:1 t::<J Crantor, for the consideratir.m of Ten Dollars ($10.00)
;/ r'lcaived to it:s full sati.s!action ot COLI..EGZ P~OPER'!'1::::S OF
~ : ~oRTHERN OHIO, INC., an Ohio corporation not for profit, its
O-l i
~ : successors and assiqns, ti'1e Grantee, whos. TAX W.ILING ADDRESS I
~ !l vill be controller's Otfice, Oberlin Collage, Oberlin, Ohio,
. i 44074, has GIVEN, G~~D, REMISED, RZLEASED AND ZOREVCR QUIT-
e: '
~ : C~~D, and does by these prasents absolutely give, grant,
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r: ! remise, release and forever quit-claim unto the said Grantee,
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~ : its successors and assign~ forever, all such right and title
o I
~ I as it, ~~e said Grantor, has or ought to have in and to the
~ ! following-described piece or parcel of land, situated in the
~ County of Franklin, State of Ohio and in the Township of Perry
~ 1 and bounded and described as follovs:
f3 i Being part of Lots N'WIl.l:ler Ten (10) and Eighteen (18),
I Township 2, Range 19, . section 2, United states Military
I Lands, and al~o being part o! the pre:cises devised to
Louise Hazel and Bennie W. schreyer by Will from Benjamin
Z. Schrey.gr,' as shown of record in will record MM, . page
215, Franklin County Probate Court Office, and particuJ.arly
described in o. B. 833, Paqe 564, Franklin county, Ohio;
Recorder's Office, said tract being de~cribed as follovs:
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\ b UJ} PARCEL 1: Beginnin1> at a point in the center line. of
. . r) Riverside Drive S. 9 27'Z. 176.5 f~at trom the original'
.( ',~1~ north line of said tract, said beginning point also being
'-- \ 114 the southwest corner ot l\ three acre tract nov owned by
-. ' cora Schreyer: thenc~ with her south line S. 860 19' E.
~ 7.35~6 feet to ~ iron'pipe: the southwest cornerot said
I \lb~~ I tr~ct (pae~ing an iron pipe at 30.6 fee'~: thence with the
~ east line of said three acre tract, N. 3 41' E. 171.5 feet
~ ~oo to an iron pipe' in said original north line: thence with
I L'" said original line S. 860 19' E.' 1554.4 feet to an iron
I pipe, vhich is oriqinal northeast corner of tract: thence
with the east lineo! original tract S. 30 41' W. 365.2
feet to an iron gipe: ~~.nce on a line parallel to said
~ ,(.f..) !..f' north line N. 86 19' W. 2198.6 feet to a point in the.
OA center line of said drive (passing an iron pipe at 2168
~'~ thenoe with the center line of s..d drive N. .0 27'
J h ..... .~. 'r:-J W. . ~'feet to .the. place of. beqinning, and cont.lining
.....: .C:' ~ 'il a. as, .'lIIore 'or. less, ,'subject. to all legal highways. .
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. . . .. PARCEL d: Beginiiing 'at "a ~oint in.the- centAr of Riveraide':,\:
. ....1 ..' D3i ve on. ~'1e . original north lin9 of said tract: thence S.
. 9 27' E. 176.5 feet toa point: thence S. 860 19' E. 735.6
eet to ~~n pipa (passing an iro~ pipe at 30.6 feet)
enes N!'3o--41' E. ::'71.5 faet to an.iron pipe in said
( 17(,J TR.~NS;:ERRED .
t1. ~ J/ Mi\i~ 0 9 1994
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oriqi~al north line; thence wi~~ ~aid orlqinal north line
N. 86 19' W. 779.6 feet to the placa of b&ginning, and
containing 2.992 acree, more or lesa, subject to all leqa1 I
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tighway,. ~ I
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.XCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES. i
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Situatp-d in ~~e State of Ohio, County of Franklin, Township ,
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of Perri, Village ot Dublin: I
Sit:.zated in Lots Nos. 10 a,n-j 18, Quarter Township 2,
Township 2 Nort.~, Range 19 wo:!st, United States Military i
Lands, in the Village of Dublin, County of Franklin, state I
of Ohio, and being a p~rtion of Pa~cel 2 as conveyed to I
I Frank McKee Painter, Jr., and Stella A. Painter by deed of i
record in Ceed ~ok 3530, Page 825, Recorder's Office, i
Franklin County, Ohio and bounded and described as follows: ,
I
Beginning at a point in the centerline of Dublin-prospect I
Road - Ohio Route 257, at the northwest corner of said I
Parcel % and at ~~e Southwest corner 0' a 0.581 acre tract
of land conveyed to Harold E. and Re~~a H. Bickel by d3ed
of record in Deed Book 2904, ?aqa 448, Recorder's Office,
(p~ ~ ~ 'Franklin County, Ohio, said point being S gO 27' E a
distance o~ 205.50 feet fr~ a point at the intersoction of I
J.dS I the centerline of Dublin-pr03pect Road with the south line I
! extended ~eatcrly of Tonti Drive (60 teet wide), as said I
!
, intaraection is shown upon the plat of Drexel Hills Terrace
II ~:o. 1, of record in Plat Book 30, Page 13d Recorder's
Oftice, .Frank2in County, Ohio: thence S. 86 10' 52" E.
i along a portion of the north lina of said Parcel 2, along
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I the south line of said 0.581 acre tract and along a portion
I of the south line of eaid :>rexel Hills Terracli No. t a
I distance of 381. 67 feet to an iron pin (passing an iron pin
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I in the east~~-of-way line of Dublin-prospect Road at
51.37 feet},: 08" W. perpendicular to ~~e north line of I
I ,thence S 3 49' I
l,,_ .aid Parcal 2 and perpendicular to the south line o~ said
. '\-
.. - - .:. Drexel Hills Terrace No. 1 a distnnce of 152.57 feet to an
? .; ,..... .- i iron pin:
~ .... I thence N 860 10' 52" ~ parallel with the north line of said
.......- Parcel 2, parallel with the sou~~ line of said Drexel Hills
Terrace No. 1 and parallel with the south line of said
0.581 acre tract a distance of 345.69 feet to a point in
I the centerline o! Dublin-Prospect Road and in the west linl!
of said Parcel 2 (passing an iron pin in the east right-
, of-way line of Dublin-Prospect Road at 294.32 feet):
o (c:. M ---thence N 90 27' W along the centerline of Dublin-Prospect
Road and along a portion of the west line of said Parcel 2
~iJJ . I a distance 0 :;)6. ~eElt to the pl~ce of begi",tning: I
-\,~ con a .27 as of land 1IIore or less and being
subject to all legal highways, easements and restri~tions I
! of record.
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I situated in of Ohio, o~
I PARCEL l: the State County
Franklin, Township of Perry, Village of Dublin:
situated in Lots ~jos. 10 and 18, Quarter Township 2,
.~. (,7;t+ Township 2 North, Range 19 West, United States Military
Lands,. in the'Village of Dublin, County of F~anklin, State
of Ohio, andbeL'g a portion of Parcel 2 as conveye:! to
,. Frank HcXee Painter, Jr., and Stella A. Painter by' deed. o~
record in Deed, Book 353Q, !':1ge 825, Recorder's O~!ice,
i Franklin County, Ohio and bounded and deAcribed as follows:
I Beginning at a point in tho centerline of Dublin-Prospect
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2. 5 8 I 5 :) 2 0 .j
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Road - Ohio Routa 257, at t.'l~ no r+'.Jr....est corner ot said
Parcel 2 and at the Southwest corner ot a 0.581 acre tract
of land conveyed to Harold ~. end Retha M. Bickal by deed
ot record in Deed Book 2904, Paga 448, Recorder's O!~ice,
Franklin County, Ohio, said point c'!i:1g S 90 27' E a.
distance of 205.50 fe~t frem a point at t.~e intersection of
the centerline of Dublin-Prospect Road with the south line
extended westerly of Tonti Drive (60 feat wide), as said
! intersection is shown upon the plat of Drexel Hills Terrace
No. 1, of record in Plat Book 30, Page 13d Recorder's
I Office, Franklin County, Ohio; t.'1ence S. 10' 52" E.
I 86
along a portion of the north line of said Parcel 2, along
I the south line of said 0.581 acre tract and along a portion
I of tl18 130Ut.'1 line of said Drexel Hills Terrace No., 1 a
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I diatance of 381.67 feet to an iron pin (passing an iron pin
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I in the east right-of-way li~e of Dublin-Prospect Ro~d at
I 51. 37 feetb;
I thence S 3 49' 08" W. perpendicular to the north '.i-9 of
said Parcel 2 and perpendicular to t.'le south line of said
I Drexel Sills Terrace No. 1 a distance of 152.57 feet to an
I iron pin;
! thence N 860 la' 52" W parallel with the north line of said
I Parcel 2, parallel with tho south line of said Drexel Hills
I
I Terrace No. 1 and parallel with the south line of said
O.sal acr~ tract a distance of 345.69 feet to a point in
the centerline of Dublin-Prospect Road and in the ~est line
i of said Parcel 2 (passing an iron pin in the east right- I
I of-way line of Dublin-Prospect Road at 294.32 faet);
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I thence N 90 27' W along the centerline of Dublin-Prospect
! Road and alo~g a portion of the west li:19 of said Parc~l 2
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, a distance of 156.75 feet to the place: of beginning; !
I containing 1.274 acres of land :!lore or l.ess and being I
i subject to all legal high~ays, easements and restrictions
I . ot record.
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I PARCEL 4 : situated in the State of c~io, County of
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I Franklin, TownShip of Parry, Village of Dublin:
I situated in Lata Nos. 10 and 1S, Quarter Townahip 2,
I Township 2 Nort.'l, Range 19 West, United states Military
Lands, in ~'1e Village of Dublin, County of Franklin, state
I of Ohi.." and being a portion of Parcel 1, as conveyed to
I Frank McKee Painter, Jr., and Stella A. Painter by deed of
I record in Deed Book 3530, Page 825, Recorder's Office,
F=anklin County, Ohio; and bou:."lded and described as
tollows:
I
I Beginning at a point in thg centerli:1e of Dublin-Prospect
Road - Ohio Route 257, at the southwest corner of s~id
':;>-8, I Parcal 1 and at the northwest corner of a 15.43 acre tract
I of land conveyed to Carl M., David C. and Gerald L. rinkes
__< oJ,C'_ I by doed of record in Deed Book 3571, PagE 419, Recgrder's
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! Office, Franklin County, Ohio, said poL,t being 5 9 27' E
---,-. i a distance of 580.GS feet fr~m a point at the intersection
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. /.:)~ o. I of the centerline of Dublin-Prospect Read yith the south
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r - I line extended westerly of Tonti Drive (60 feet wide), as i
~~ I said intersection is shown upon the plat of Drsxel Hills
Terrace No. 1, of record in Plat Bock 30, rage 13,
Recorder's Office, Franklin County, Ohio;
Thence N 9027' W along the cen~erline of Dublin-Prosp4ct
Road and alon" ion of the west line of said Pl!rcal.l . .' '
a :1ca feet to a point;
Thence S 860 10' 52" E parallel with the south line of said
Parcel 1 and parallel with the nort.'l line of s~id 15.43
acre tract a distance of ,131.. 54 feet to an iron pin
i (passing An iron pin in ~'le east right-o:!-w~y line of Ohio
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". 25815EOl
. - ~ C:/.?!11)l1-cJ I
Routa ~~7 a~ 31.37 teot) 1
Thence S. 3 49' 08" W perpendicular to the south line ot
said Parcel 1 and pGrpendicular to the nO~l line ot .said
13.43 acre tract a distance ot l52.57 te4t to an iron pin
in the ~outh line otsaid parcell and .in the nor..h l~.ne ot. .
J said 15.43 agre tract;
Thanee N. 86 10' 52" W along a portion of the south line
0-7(- o! said Parcell and along a ~ortion of the north line of
I. said 15.43' acre tract a distance of 295.56 ttlet to the
~~~(:)~j place of beginning (passing an iron pin in the .ast'right-
~_..line ot Ohio Route ~~7, at 244.19 teet); containing
/.}3~ I '1.098 acr~s ot land more or less and being subjact to all
2..1 I I hi911ways,ease1:1ents cmd restrictions ot record.
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\ 0.) TO HAVE AND TO HOLD tl.e premises aforesaid, with. the
(eY'+. i appurlananc'ls ther~unto belonging to the said Grant.., its
(Zf5J I successors ~nd '!lssiqns, so that neither the said Grantor, nor
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, its successors or assigns, nor any other persons claiming title I
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through or under it, shall or will hereafter claim or demand
any right :or title'to the pr~2ises, or ~~y part th~=eo~; but
they and every one ot them shall by these pr~sents be I!::=eluded...:
and torever barred.
IN W!MSSmREO:', . ObCirlin College has hereunto set
hand t.~e '1 +h d::.y ot DeceJl!ber, in the year 1993.
I Signed' ~:.d: ackriowle-:qed
, i~.t:le'pre/~encl! ot: OBERLIN COLLEGE .' ~ , ,";:
"11 dU'c.~~i- r ,'4(,~ By: ~~~~ ,:: :~~~~.'
",,J Ita 7'tPr;.~~ .';'..'.'C.:.:!.
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;J.',_~,., 7 )c ~jl.~ ...,.r,'"''-- By:' ~ C, ~ : "/' ...':';
.....; I-:s ~~~",""'f '-;:~
, STATE OF CHIO)":/ /f
II w~~ '.~~~,Y? .~S:..., . . '. '>::'. . ;~.J
I '"Be~ore.me;n'a.Notary"Public'in:and ~c= said county..;.and.,c '::>:J,~
I State,' p.rsonally appeared tha above n~ed Cberlir..College.by."':' ,,-:~.:.:i
t.'P'J/.('I E..S -nt/f~;" ' its r~:J":(I..~o:,{~.: ," ..' .. '.:-;~
and'S/l,m,('~', ('r..e~~.'c.e.. its, r<'../J,7:;.-,... .....,< :':f<;
who....acJcnov18dq~d ..that th~y- did. sign be toraqoinq',instrwAent:. . ::::l
I and that ~3 same is the free act and deed of said,'eorporation. '. .: ,'.,;,
and '~'l~ir' tree act and deed individually and a1' said' o~ti'eers. ,.:' :..7~
", I, IN " ~sTIM~~ : F.m:~~'F, I have liere~o set my h~cl~~~d :'E~,
I o!.!icial seal,': at" Oberlin, Ohio, this ~ day of:Oecember" .~~
.. I 1993. .... .... .' l+~ .,';~i!
. :,: '.... . '. Nota Public ~ , '. "':.':.
.,'.. 'This InstM~t~:'praparedby: " . u ~ g '2e~9s ,~':';;'
JohnL.' xeyse-jojalker (0009157) 'My ~l~ lO'IA r-~'.,'... ':,.~~
Attorney'at Law Q :'
124 Middle Avenu., Sui~e 400 ,;:::;
Elyria, Ohio ,,44035 . ..
(216) J2~-3784
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EXHIDIT A
PARCEL SWD
Situate in the State of Ohio, County of Franklin, Township ofPeny and in the City of Dublin,
being part of Lois 10 and 18 in Quarter Township 2, Township 2, Range 19, United States Military
Lands, being part of the 1.098, 14.112, 1.718, 1.274 acre tracts conveyed to College Properties of .,.."
Northern Ohio, Inc, by deed of record in O.R. 25815 D 18, Franklin County Recorder's Office; lying
on the right side of the centerline of Construction for S.R. 257 made in 1994 for the City of Dublin
for the improvement of the Hard Road intersection and being more particu1arly descn"bed as follows:
Beginning for reference at a railroad spike set at the southwest corner of a 14.93 acre tract of
- record in OR 6572 C15 Franklin County Recorder's Office and being at a point of tangent centerline
intersection of the centerline survey, dated 1939, of State Route 257 at Centerline Station 70+03.5
as delineated upon the State of Ohio Right-of-Way Plans S,H. 558, Section A, said point being
- further located as being 1.38 feet left of said centerline construction (1994) station 70+03.87;
Thence NIl. 31' 37" W a distance of 638.04 feet (passing a point of tangency of said
centerline survey (1939), at a distance of 141.88 feet) along the tangent line of said centerline survey
(1939) ofS,R. 257 to a point at the northwest corner ofa 15.43 acre tract conveyed to Carol L,
Schlotterer of record in O.R. 05351 H18 Franklin County Recorder's Office; said point being further
located as being 8,99 feet left of said centerline construction (1994) station 76+42.34;
"Thence S 880 16'17" E, a distance of9,24 feet along the northerly line of said 15.43 acre tract
and the westerly extension of Grantor's southerly line, to a point in said Centerline of Construction
(1994) at St.1tion 76+40.22, at the southwesterly corner of Grantor's property and being the TRUE
PLACE OF BEGINNING;
Thence N 11032' 10" Wa distance of375.22 feet along the westerly line of the Grantor and
the Centerline of Construction S,R. 257 to a point at the northwest corner of the Grantor, being the
southwest comer ofa 0.581 acre tract as conveyed to Harold E. Bickel of record in O,R. 23973 HII
Franklin County Recorder's Office;
Thence S 880 16' 17" E a distance of 61.64 feet along the north line of the Grantor and the
south line of Bickel passing through the existing easterly line of S.R. 257 at 42.19 feet to a point;
Thence along the line for this parcel the folIowing three (3) courses:
I. S 15026' 46" E a distance of 146.64 feet to a point;
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2. S 030 00' 27" E a distance of80,89 feet to a point;
3. SII032' 10" E a distance of 148.45 feet to a point in the south line of the Grantor and
- the north line of the aforementioned Schlotterer; said point being further located as being
58.00 feet right of said Centerline Construction (1994) Station 76+26,55;
Thence N 88016' 17" Wa distance of59.59 feet along the south line of the Grantor and the
north line of Schlotterer passing through the existing easterly line of S,R. 257 at 17.46 feet to the
TRUE PLACE OF BEGINNING, containing 0,534 acres, more or less, including the present road
which occupies 0,354 acres, more or less;
The Grantor claims title by instrument of record in O,R. 25815 DI8 Franklin County
Recorder's Office.
Grantor, for himself and his heirs, executors, administrators and assigns, reserves the right of
ingress and egress to the residual area,
The bearings of the herein-described tract were based upon the grid bearing ofN 21059' 12"
E from the Ohio Coordinate System. South Zone, as determined by field measurements between
Franklin County Engineer's Monuments Station FRANK 189, and Station FRANK 89.
Being 0.209 acres from Auditor's Parcel Number 215-704.
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Being 0.060 acres from Auditor's Parcel Number 215-436,
Being 0,030 acres from Auditor's Parcel Number 215-211.
Being 0,235 acres from Auditor's Parcel Number 215-703.
R. D. ZANDE & ASSOCIATES, INC.
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Registered Surveyor No. 7191
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, J\.J'I 06 . 95 02:33PM R.'D. ~oe:
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. EXlIJDrr D
! PARCEL SWA
WORK AGREEMENT TO CONSTRUcr DRIVE APPROACfi
Situate in the Stale of Ohio, County ofFranldin. Township of Perry and in the City of Dublin.
being part of Lots 10 and 18, in Quartet Townsllip 2, Township 2, Range 19, United States Military
Lands, lying on the right side of the Centerline of Construction for SA 1.57 made in 1994 for the City
of Dublin for the improvement of the Hard Road intersection and being more particularly described
as follows:
neginning at a point in the proposed easterly line of S,lt. 257 at il point 58.00 feet right of
Centerline Construction Station 77+60;
Thence along the line foc this parcel the following three (3) courses:
I. Southeasterly to a point 68.00 feet right of Centerline Survey Stalion 77+50;
2. Southerly to a point 67.00 feet right ofCenterUne Survey Station 77+35;
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3. Southwesterly to a p>int in the proposed easterly lino ofS.R, 257 at a distance of 58.00
feet right of Centerline Survey Slation 77+25;
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Thence northerly along the proposed easterly line of S.R. 257 to the place of begiMing.
contlUning 0.006 acres, more or less,
R. D. ZANDE & ASSOCIA ns, INC.
R..m:!t.~/!;.~ .
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