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048-92 Ordinance .. "- -: .' ... RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. __t~.~t.2__ Passed.. __nmnnm _mn>n'__ __.19__ . AN ORDINANCE TO APPROPRIATE A TEMPORARY CONSTRUCTION EASEMENT IN A 9.468 ACRE "".,. TRACT OWNED BY TULLER RIDGE PARTNERS (NOW KNOWN AS KILLCO PROPERTIES), 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 temporary construction easement in and to the premises described in the attached Exhibit "A", 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 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 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 l....... appropriated at six Thousand Seven Hundred Fifteen Dollars ($6,715.00) , 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. ........ t \..., .....,-,...""--~ .'1 - , .. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No... ____..48.~9.2__ Passedm.u. ____..____.~__. __ __u .n.__n..19.__.u__ Page Two tfiI1"'. 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 iI~ day of ?hy , 1992. < ATTEST: ~ a~ ~ Clerk of Council ".... <....... I hereby wt.fv that co";es of f"~ Od'n::mcetResGIIIJisA were posted in the Oty of Dubfln in accordance w:th Sedlon 731.25 of the Ohio Revised Code. ~a,~ Clerk of Council, Dublin, Ohio .".,... . '- .~,,,.-...,,,.-. 'h_.~''-..',,- <:""~",--,-,,,,,,";":-'''''''''''''_r ..~ .- - . . . li'li~' ~~.._~"""~,-..,,,--.-....~..-,,,~,~.,...~'._-~~- I :,-,-<; ''''~: ,- .&d"~' -n '~l "..: .j .\.. .... . ~i" ,"' .~ '\ ".:-; , . ,'I I 1989 ,; j , 89181306 June 2, '..,,, , DESCRIPTION OF A PROPOSED 0.212 ACRE ROADWAY TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE NORTHERLY SIDE OF TULLBR ROAD AND EAST OF RIVERSIDE bRIVE, IN THE CITY OF . DUBLIN, COUNTY OF FRANRLIN, SrATE OF OHIO 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 (0.212 acre of land, more or less), said 0.212 acre area of land being in that 9.468 acre tract of land described in the deed to Tuller Ridge partners/(now known as Millco Properties), of record in official, Record 05630B14, Reoorder's ottice, Franklin county, Ohio, said 0.212 acre area ot land being more particularly described as follows: Beginning, tor reference, at the centerline intersection of Tuller Road and Riverside Drive; thence ~-86.JJ'15"E, with the centerline of said Tuller Road, a distance of 776.12 feet to the southwesterly corner of said 9.468 acre tra~t, the .same being the southeasterly corner of that 1.638 acre tract of land described in the deed to David A. Thomas" et al (3), of record in Official Record 08735G07; said point also being the southwesterly corner of that 0.850 acre tract of land described in the deed to the city of DUblin, Ohio, of record in Official Record 13252F10, both being of record in the Recorder's Office, Franklin County, Ohio; thenc~ N-J.26'45"W, with the westerly line ot said 9.468 acre tract, with the easterly line of said I 1.638 aore traot and with the westerly line of said 0.850 acre traot, a distanoe ot 40.00 feet to the true point of beginning at the northwesterly corner of said 0.850 acre tract; I .:J" Thence, from said true point of beginning, N-3.26'45"E, with the westerly line of'said 9.468 acre tract and with the easterly line of said 1.638 acre traot, a distance of 10.00 feet I to a 3/4-inch (1.0.) iron pipe; Thence eastwardly, crossing said 9.468 acre tract, parallel with and 50.00 feet northerly from, as measured at right angles, I the centerline of said Tuller Road, the following two (2) courses and distances: I 1. ) S-86"33'1S"E, a distance of 901.26 feet to a point; 2.) S-86'39'45"E, a distance of 23.16 feet tb a point in I the easterly line of said 9.468 acre tract, the same being in the westerly line 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; I Thence S-2.31'15"W, with the easterly line of said 9.468 aore traot and with the westerly line of said 4.204 acre tract, I a distance of 10.00 feet to the northeasterly corner of said 0.850 acre tract; Thence westwardly, with the northerly boundary of said 1\-- 0.850 acre tract, the same being parallel with and 40.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, the following two (2) dourses and distances: I 1. ) N-86.39'45"W, a distance of 23.33 feet to an angle point; I 2.) N-86.33'15"W, a distance of 901.25 feet to the true point of beginning and being a 0.212 acre area of land, more or less. . I II , :