046-92 Ordinance
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<... , 'r RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'n _ _ 4_6_...9_~_ Passed m_n _______ mmmn_ nmn mmn19__
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
,-. EASEMENT IN A 1.5 ACRE TRACT OWNED BY
. . THOMAS FAMILY, LIMITED PARTNERSHIP,
t.. 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 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 City of DUblin,
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 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", "B" and "C", 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.
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Section 2. Council hereby fixes the value of the interests
appropriated at Thirteen Thousand Nine Hundred Ninety Dollars
($13,990.00), 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
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Ordinance No, _m__n__.tJi~_'_2_ Passed_m____________mnm__ m ---_____19_m_
paqe 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 ~ day of ~ , 1992.
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ATTEST:
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Clerk of Council
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'- I hereby certify that copies of this Ordlnance/ReselHti8ft- were posted in the
City of Dublin in accordance with Section 731.25 of the ()4lio Revised Code.
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C'p.rk of Council. Dublin, Ohio
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, ., I .' ..,- 91478104 EXHIBIT "A" November 22, 1991
DESCRIPTION OF A 0.060 ACRE AREA OF
LAND (PRESENT ROAD OCCUPIED) LOCATED ON TilE NORTHERLY
SIDE OF THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
(THE THOMAS rAMILY TRACT)
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 0.060 acre area of
land, more or less, said 0.060 acre being out 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, said 0.060 acre area of land being more
~ particularly described as follows.
I Beginning, for reference, at the centerline intersection of
'Tuller Road and Riverside Drivel thence S-86.))'15"E, with the
centerline of said Tuller Road, a distance of 450.00 feet to the
true point of beginning at the southwesterly corner of said The
Thomas Family Limited Partnership land, the same being the
'southeasterly corner of that tract of land designated as TRACT I
and described in EXHIBIT A of the deed to B.v.n. Associates, of
~:~ record in Official Record 058llC19, Recorder's Office, Franklin
~ County, Ohiol
Thence, from said true point of beginning, N-03.26'45"E,
with the westerly line of said The Thoma. Family Limited
I Partnership land and with the easterly line of said TRACT I, a
distance of 20.00 feet to a 3/4-inch (I.ri.) iron pipe,
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 130.00 feet to a 3/4~inch (1.0.) iron pipe
in the easterly line of said The Thomas Family Limited
~ Partnership land, the same being in the westerly line of that
.. 1.638 acre tract of land described in the deed to David A.
Thomas, et al (3), of record in Official i,Record 0873 5G07 ,
I' Recorder's Office, Franklin County, Ohio;
Thence S-03.26'45"W, with the eastetly line of said The
I Thomas Family Limited Partnershlp land and with the westerly
line of said 1.638 acre tract, a distance of 20.00 feet to a
point in the centerline of said Tuller Road at the southeasterly
corner of said The Thomas Family Limited Partnership land, the
I same being the southwesterly corner of said 1.638 acre tract,
Thence N-86.33'15"W, with the centerline of said Tuller
I Road and with the southerly line of said The Thomas Family
Limited Partnership land, a distance of 130.00 feet to the true
point of beginning and containing 0.060 acre of land, more or
less.
I Subject to all riqhte-of-way, eaeements and restrictions,
if any, of previous record.
I We hereby certify that the foregoinq description was
prepared from information obtained from actual field surveys
I conducted by Bauer, Davidson , Merchant,Inc. in January of 1987
and in September of 1988.
The bearings given in the foregoing description correspond
I\- to the bearings given for the centerline of survey made by the
> Ohio Department of Highways for Interstate Route 1-270
(FRA-270-l0.33N).
I DA~IDSON , MERCHANT, INC.
inq Engineers
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IIfft';'. :. ~.. 91478105 November 22, 1991
~~, EXHIBIT "B"
DESCRIPTION OF A 0.119 ACnE AREA OF
LAND LOCATED ON THE NonTHERLY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF
DUBLIN, COUhTY OF FRANKLIN, STATE OF ~HIO
(THE THOMAS FAMILY TRACT)
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 0.119 acre area of
land, more or less, said 0.119 acre being out of land described
in the deed to The Thomas Family Limited.Partnership, of record
r-- in Official Record 17716E17, Recorder's Office, Franklin County,
I Ohio, said 00119 acre area of land being,more particularly
described as follows:
Beginning, for reference, at the centerline intersection of
I Tuller Road and Riverside Drive, thences-86.JJ'15"E, with the
centerline of said Tuller Road, a distance of 450.00 feet to the
true point of beginning at the southwesterly corner of said The
I Thomas Family Limited Partnership land, the same beinq the
southeasterly corner of that tract of land desiqnated as TRACT I
and desoribed in EXHIBIT A of the deed t~ B.V.II. Associates, of
I reoord in Official Reoord 05811C19, Recorder's Office, Franklin
county, Ohio, ,
Thence, from said true point of beginning, N-03.26'45"E,
I with the westerly line of said The Thomas Family Limited
Partnership land and with the easterly line of said TRACT I, a
distance of 40.00 feet to a 3/4-inch (1.0.) iron pipe,
I Thence S-96033'15"E, parallel with ~rid 40.00 feet northerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 130.00 feet to a 3/4-inch (1.0.) iron pipe
I in the easterly line of said The Thomas Family Limited
Partnership land, the same being in the westerly line of that
1.639 acre tract of land described in the deed to David A.
I Thomas, et al (3), of record in Official Record 09735G07,
Recorder's Office, Franklin County, Ohio,
Thence S-OJ.26'45"W, with the easterly line of said The
I Thomas Family Limited Partnership land and with the westerly
line of said 1.638 acre tract, a distance of 40.00 feet to a
point in the centerline of said Tuller Road at the southeasterly
I corner of said The Thomas Family Limited Partnership land, the
same being the southwesterly corner of said 1.638 acre tract,
I Thence N-96.33'15"W, with the centerline of said Tuller
Road and with the southerly line of said The Thomas Family
Limited Partnership land, a distance of 130.00 feet to the true
point of beginning and containing 0.119 acre of land, more or
I less.
Subject to all rights-of-way, easements and restrictions,
I if any, of previous record.
We hereby certify that the foregoing description was
prepared from information obtained from actual. field surveys
I conducted by Bauer, Davidson & Merchant,tnc. in January of 1987
and in September of 1999.
I The bearings given in the foregoing description correspond
to the bearings given for the centerline ~f survey made by the
Ohio Department of Highways for Interstate Route 1-270
I (FRA-270-10.J3N). I
. '. BAUER, DAVIDSON & MERCHANT, INC.
" ',: ();:" Consu .ting Engineers
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91478106 EXHIBIT "e" Novemer 22, 1991
DESCRIPTION OF A PROPOSED 0.030 ACRE ROADWAY
TEMPORARY CONSTRUCTION EASEMENT LOCATED
ON THE NORTIIERLY SIDE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
(THE THOMAS FAMILY TRACT)
TEMPORARY CONSTRUCTION EASEMENT
situated in the State of Ohio, county ~f 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 (0.030 acre of land, more or less), said 0.030
acre area of land being in the land described in the deed to The
Thomas Family Limited partnership, of record in Official Record
l77l6E17, Recorder's Office, Franklin County, Ohio, said 0.030
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'IS"E~ with the
centerline of said Tuller Road, a distance of 450.00 feet to the
southwesterly corner of said The Thomas Family Limited
partnership land, the same being the southe~ter1y corner of
that tract of land designated as TRACT I and described in
EXHIBIT A of the deed to B.V.H. Associates, of record in
Official Record 058l1C19, Recorder'S officej Franklin County,
Ohio, thence N-3"26'4S"E, with the westerly line of said The
Thomas Family Limited parthership 1and and with the easterly
line of said TRACT 1, a distance of 40.00 feet to the true point
of beqinning,
Thence, from said true loint of beqinninq, N-3'26'45"E,
with the westerly line ot sa d The Thomas Family Limited
Partnership land and with the easterly line of said TRACT I, a
distance of 10.00 feet to a point:
Thence S-86"33'1S"E, 'paral1e1 with and SO.OO feet northerly
from, as measured at right anqles, the centerline of said Tuller
Road, a distance of 130.00 feet to a point in the easterly line
of said The Thomas Family Limited Partnership land, the same
being in the westerly line of that 1.638 acre tract of land
described in the deed to David A. Thomast et al (3), of record
in Official Record 08735G07, Recorder's Office, Franklin county,
Ohio,
Thence S-3"26'45"W, with the easterly line of said The
Thomas Family L~mit.d Partnership land and,with the westerly
line of said 1.638 acre tract, a distance of 10.00 feet to a
point,
Thence N-86033'15"W, parallel with and 40.00 feet northerly
from, as measured at riqht angles, the centerline of said Tuller
Road, a distance ot 130.00 feet to the true point of beqinninq
and being a 0"030 acre area of land, more or less.
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