044-92 Ordinance
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"-. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._______ __~_4_~'_~n Passed___ -------- ____n______ ___ ___00_ __nn19________
AN ORDINANCE TO APPROPRIATE A PERMANENT
SEWER EASEMENT AND A TEMPORARY
r CONSTRUCTION EASEMENT IN AS. 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 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 ORDAINED by the Council of the City of
Dublin, state of Ohio, 7 of the elected members
concurring that:
section 1. A permanent sewer easement and temporary
r- construction easement in and 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", 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 Eight Hundred Nine Dollars ($809.00), 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.
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... RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.__m___~_4_~'_2u_ P assedm-- __ ___ _um_ _ m___m _m__ _w_ m _19 n____
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 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 ordinance shall go into
immediate effect.
Passed this if~ day of ~- , 1992.
ATTEST:
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Clerk of Council
r-
'-- I hereby certify that cOI);e~ nf tt.;~ Or't:na"~e/-Re)ululiulI were posted in the
City of Dubl;" in accordance w:th Sed:on 731.2S of the Of1io Revised Code.
~@~~
Clerk of Council. Dublin, Ohio
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EXHIBIT "A"
89181309 June 2, 1989
DESCRIPTION OF A PROPOSED TEN rOOT WIDE
00023 ACRB) PERMANENT STOJUl SEWER EASEMENT
AAEA OF LAND AND A .00078 ACRE TEMpoi\A!\Y CONSTRUCTION
EASEMJNT LOCATED ON THE WESTERLY SIDE OF
RIVERSIDB DRIVE AT TULLER ROAD, IN PART,
IN THE CITY or DUBLIN AND, IN PART,
IN THB TOWNSHIP or PERRY, COUNTY OF
FRANkLIN I STATE OF oHto
r ,
~ERMANEKT EASEMENT
situated in the state at Ohio, County at Franklin, in part,
I in the city ot DUblin and, in part, in the TownBhip ot Perry,
being in Quarter Township 2, Township 2 North, Range 19 West,
United state. Military La~da, beinq a .tri~ ot land, ten feet in
width (0.023 acro of land, more or leBs), said 00023 acre area
I being in that 5 aere traot ot land desoribed in the certificate
of Transfer to Elizabeth Ao herdman et a1 (4), of record 1n
otfioial Record 01474B07, Reoorder's Offioe, Franklin county,
I Ohio, said 0.023 aore area of land beinq more partioularly
desoribed aB tollows.
Beg1nning, tor r.t.~enc., at the oenterline intersection ot
I Tuller Road and Riverside Drive, thence $-9022'42"W, with the
centerline of said Riverside Drive, a distance of 30.17 feet to
the true point at beginningt
I . Thenoe, trom said true point of beginning, S-9022'42"W,
with the oenterline of said Riverside Drive, a dis~ance ot 10.05
teet to a poin~'
Ir Thence N-8dt33'15"W, parallel with and 40.00 teet .outh~rly
from, .. ~ea8ured at right an91e., the weeter1y extension of the
I oenterline of .aid Tuller Road, a distanoo of 99.48 fe.t to a
point,
I Theno. N-3'26'45"E, a dls~anee of 10~OO feet to a point,
Thence S-8d'33'15"E, parallel with a~d 30.00 fQet southerly
trom, .. measured at right angle., the westerly e~ten8ion ot the
I oenterline of said. Tuller Roadl a distanoe of 100.52 feet to the
true point of beqinninq and be nq a 0.023 acre area of land,
more or le8',
I PURPOSE
I
For the purpose of oonstruoting, using and maintaining a
I storm s.wer, appurtenant works and tributary connections 1n any
part of tho hereinabove described ten foot wide permanent
.a....nt area of land, includin~ the ~lq~t to olean, repair and
I cara for .aid storm s.~er, toqe her with.the riqht of acoess to
said strip tor saId purpose.
TEMPORARY CONSTRUCTION EASEMENT
I. The right to use, only during the period of construction of
-- the storm seWor herein provided for, an additional 0.078 8cre
I area of land in said Herdman 5 acre tractr B81d 0.078 acre 8rea
or land beinq more particularly described as tollowBl
I Beqinninq at the true point at beginning at ~hG hereinabove
desoribed 00023 acre permanent easement,
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8918130' June 2, 1989 !
:1\ DESCRIPTION OF A PROpOSED TEtf FOOT '(Contle!)
Thence N-86 0 33' 15"W, wH:h the northerly line ot t.he
hereinabove described 00023 acre ~e~an.nt easement, the same
beinq parallel with and 30.00 tee southerly tron, .s measured
at right ang1.., the we.ter1y extension of the centerline at
said TUller Road; a distance ot 100.52 teet to the northwesterly
corner ot said 0.02j acre permanent easement, .
Thenoe S-3'26'45"W, with tho wester1I line of the
-- hereinabove desoribed 0.023 aore permanen . easement, a distanee
I of 10.00 teet to the 80uthwesterly corner of said 0.023 acre
p.rmanen~ easement,
Thence S-B6033'le"E, with the southerly line ot the
~ h.reinabov~ desoribed 0.023 acre permanent easement, the same
belny parallel with and 40.00 teat 8outhe~1y tro~, ap measured
at r ght angles, the we8terly extension ot the centerline of
I said Tuller Road, a distanoe at 99.48 teet to the southea8terly
corner ot said 0.023 aore permanent easement in the centerline
ot said Riverside Drive'
I Thenoe 8-9'22'42"W, with the centerline ~t said RiversIde
Drive, a dietance ot 20.11 teet to a point, .
, Thenoe N-86'33'1l5"W, parallel with and 20.00 teet southerly
from, .e measured at right anglos; the southerly line of said
0.023 acre permanen~ easement, a diet.nceot 101.40 feet to a
, . point,
Thence N-3026i45~E, parallel with and 10,00 feet westerly
I trom, a. measured at riqht angles. the wedterly line ot said
0.02j acre permanent 'easement, a distance of 40.00 feet to a
point,
I Thence S-8~;-33'15"!, parallel with and 10.00 teet northerly
from, a8 measured at right: an91es, the northerly line of saId
0.023 aore p6rmahent easement! a distanoe ot 111.5~ feet to a
point in the centerline of SA d Riverside Drivel
, Thence S-9022t42"E, with the centerlin6 ot .aid Riverside
Drive, a di.tahoe of 10,05 fe.t to the poi"t of beginning and
, being a 0,018 adr. area ot lahd, .ora or les.,
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FISCAL OFFICER'S CERTIFICATE
To the Council of the City of Dublin, Ohio:
"".,..
As fiscal officer of the City of Dublin, I certify in connection with
your proposed issue of $4,100,000 notes (the Notes) to be issued in anticipa-
-" tion of the issuance of bonds (the Bonds) for the purpose of paying costs of
providing additional facilities at the Coffman Park Municipal Complex for the
conduct of municipal government operations by constructing, furnishing and
equipping a new police facility, and acquiring real estate and interests in
real estate and making site improvements thereon (the improvement), that:
l. The estimated life or period of usefulness of the improvement is
at least five years,
2. The maximum maturity of the Bonds, calculated in accordance with
Section 133.20 of the Revised Code, is twenty years. That maximum maturity is
based on my calculation of the average number of years of life or period of
usefulness of the improvement as measured by the weighted average of the
amounts proposed to be expended for the several classes of the improvement as
follows: $890,000 for land acquisition, thirty years; $4,083,490 for
build ings and other structures, twenty-five years; and $2,026,510 for
equipment, furnishings and site improvements, ten years; the weighted average
is therefore twenty years. The Bonds are to be paid from voted taxes approved
by the electors of the City and the voters approved those taxes and the Bonds
for a period of twenty years, If notes in anticipation of the Bonds are
outstanding for a period in excess of five years from the date of the original
issue of notes, the period in excess of five years shall be deducted from that
maximum maturity of the Bonds,
3. The maximum maturity of the Notes is twenty years,
Dated: May 4, 1992 ~~~.~~
Director of Finance ~
City of Dublin, Ohio