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049-92 Ordinance - _._._-----~--~---- " , . ~ . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. ________...9_..92__ Passed _________ _____ ____________ _______m_______19_____ AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION .. EASEMENT IN A 4.204 ACRE TRACT OWNED BY , THE COUNTY OF FRANKLIN, OHIO, AND \- COMPUSERVE, INC. , LOCATED ON THE NORTH SIDE OF TULLER ROADJ 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" and "B", 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" and "B", is hereby appropriated for the public r- 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 Thirty-six Thousand Seven Hundred Thirty Dollars ($36,730.00), 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. ,- ....... "'-""'.'~.i' -'.. "'" *.~- '__-"~"''- _.,.....'*'4'",,">>;'" ~ I..l~,!JIl, ~<__ 'p""",,''''c , - RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._ _______4.9_...9_2_ Passed_muu_m____ . m_____m___ ______.19_____ Page Two ,,-.. 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 7n7L , 1992. ~.~ or - presi . g Officer ATTEST: ~ (1. ~ Clerk of Council r- IIIIRlw r9~~ thot cOl"l:es of t~;s Ortrnance/Ru3hdi8A were posted in the \... 0, l7f Dublrn In accordance w:th Section 731.25 of the Ohio Revised Cod.. ~~ (!, 0~~.A-L. Clerk of Council, Dublin, Ohio ....... ~ L .---.......~'""_.- .._--,~",""""",-_,".~ "..'~-~..~.._"- 'j(! U--i'^: _-:1'--_:.."::i'X!i.(:..'_TiT'-~'ij!"'-'_.'lJIii;,- ,; .. '-,. . . . . 88263705 EXHIBIT "A" September 30, 1988 . . . DESCRIPTION OF A 0.122 ACRE AREA OF LAND LOCATED ON THE NORTHERLY SIDE OF THE CENTERLINE OF TULLER ROAD AND EAST OF RIVERSIDE DRIVE, IN THE CITY or . DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO 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 Landsr being a 0.122 acre area of land, more or less, said 0.122 acre being out of that 4.204 aIre tract of land described in the deed to the ssm.P~Y..~Qf ..:FF~n~lllJ . Ohio, of record in Deed Book 3568, Page 893, Recorder's Office, Franklin county, Ohio, said 0,122 acre area of land being more particularly described as follows: Beginning, for reference, at the centerline intersection of I Tuller Road and Riverside Drive: thende S-86'33'lS"E, with the I centerline of said Tuller Road, a distance of 1677.33 feet to an . angle point, thence S-86'39'4S"E, with the centerline of said I Tuller Road, a distance of 24.01 feet to the southwesterly corner of said 4.024 acre tract of land, the same being the southwesterly corner of that 0.204 acre tract of land described in the deed to the village (city) of DUblin, of record in Deed Book 3559, Page 864, and the southeasterly dorner of that 9.468 acre tract of land described in the deed to TUller Ridge Partners, of record in Official Record ,05630814, both being of record in the Recorder's Office, Franklin county, Ohio; thence N-02'3l'15"E, with the westerly line of said 0.204 acre tract and said 4.204 acre tract, the same being the easterly line of said 9.468 acre tract, a distance of 25.00 feet to a 3/4-inch (1.0.) iron ~ipe at the true point of beginning at the northwesterly corner of said 0.204 acre tract; Thence, from said true point of beginning, N-02.3l'lS"E, with the westerly line of said 4,204 acre tract and with the easterl! I1ne of said 9.468 acre trac~,. a distance of lS.OO feet to a po n~, Thence S-86'39'45"E, crossing sai~ 4.204 acre tract, parallel with and 40.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 355.32 feet to a 3/4-inch (1.0.) iron pipe in the easterly line of said 4.204 acre tract, the same being in the westerly line of that 3,064 acre tract of land described in the deed to the Ohio Bell Telephone Company, of record in Deed Book 3030, Page 640, Recorder's Office, Franklin county, Ohio, Thence S-02'31'15"W, with the easterly line of said 4.204 acre tract and with the westerly line of said 3.064 acre tract, a distance of 15,00 feet to the northeas~erly corner of said 0,204 aore tract, : PAGE 1 OF 2 PAGES I ~.'f <~~f~.'~ ~ I 88263705 september 30, 1988 . .,' . . . . bESCRIPTtON OF A 0.122 ACRE AREA OF LAND (Cont.d) Thence N-86.39'45"W, with the northerly line of said 0.204 acre tract, the same being parallel with and 25.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 355.32 feet to the true point of ~, beginning and containing 0.122 acre of land, more or less. subject to all rights-of-way, easements and restrictions, if any, of previous record. . We hereby certify that the foregoing description was prepared from information obtained from:actual field surveys conducted by Bauer, Davidson , Merchant; Inc. in January of 1987 and in september ot 1988. The bearings given in the foregoinq description correspond to the bearings given for the centerline ot survey made by the Ohio Department of Highways for Interstate Route 1-270 (FRA-270-10.33N). . BAUER, DAVIDSON' MERCHANT, INC. conSUlting Engineers , Il . . BY'" ... . e L. Dav P ofessional Surveyor No. 69.2 .,. :".. .. . . I. '. . . : ' . I' '.. II II II II~ I I - : PAGE 2 OF 2 PAGES II .~~';. . ,- <# \~, " .tl'J"~' ~i. .. . '1-. n' , : 1.... .. ::,.j,~ . EXHIBIT "B" 89l8l30!5 June 2, 1989 DESCRIPTION OF A PROPOSED Ot082 ACRE ROADWAY TEMPORARY CONSTRUCTION EASEMENT ~CATED ON THE NORTHERLY SIDE OF TULLER ROAD AND EAST OF RIVERSIDB DRIVB, IN THE CITY OF DUBLIN; COUNTt OF FRANKLIN, STATE OF OHIO TEMPORARY CONSTRUCTION EASEMENT ",;pi!" situated in the state of Ohio, county of Franklin, city of ~ Dublin, being in Quarter Township 2, Township 2 North, Range 19 I West, united states Military Lands, being a strip of land, ten feet in width (0.082 acre of land, more or less), said 0.082 acre area of land being in that 4.204 acre tract of land described in the deed to the ,County ot Franklin, Ohio, of record I in Deed Book 3568, Page 893, Recorder's Office, Franklin County, ohio, said 0.082 aore area of land being more particularly described as follows: I Beginning, for reference, at the centerline intersection of Tuller Road and Riverside Drive, thence.S-86t33'15"E, with the I centerline of said Tuller Road, a distance of 1,677.33 feet to an angle point, thence S-86'39'45"E, with the centerline of said Tuller Road, a distance of 24.01 fe~t to the southwesterly corner of said 4.024 acre tract of land, the same being the I southwesterly corner of that 0.204 acre tract of land described in the deed to the village (city) of Dublin, of record in Deed Book 3559, Page 864, and the southeasterly corner of that 9.468 I acre tract of land described in the deed: to Tuller Ridge Partners, of record in Official Record 05630B14, said point also being the southeasterly corner of that 0,850 acre tract of land I~. described in the deed to the citI of Dublin, Ohio, of record In Official Record 13252F10, all be ng of record in the Recorder's Office, Franklin county, Ohio, thence N-2.31'15"E, with the westerly line of said 4.204 acre tract, with the westerly line I~" of said 0.204 acre tract, with the easterly line of said 9.468 acre tract and with the easterly line of said 0.850 acre tract, a distance of 40.00 feet to the true poi~t of beginning at the I northeasterly corner of sald 0.850 acre tract, Thence, from said true yoint of beginning, N-2t31'15"E, with the westerly line of sa d 4.204 acre tract and with the I easterly line of said 9.468 acre tract, a distance of 10.00 feet to a po nt, I Thence S-86.39'45"E, crossing said 4.204 acre tract, parallel with and 50.00 feet northerly from, as measured at right angles, the centerline of said Tuller Road, a distance of 355.32 feet to a point in the easterly line of said 4.204 acre I tract, the same being in the westerly line of that.3.064 acre tract of land described in the deed to the Ohio Bell Telephone Company, of record in Deed Book 3030, Page 640, Recorder's I Office, Frankl!n county, Ohio, Thence S-2.3l'15"W, with the easterly line of said 4.204 I acre tract and with the westerly line of said 3.064 acre tract, a distance of 10.00 feet to a point, Thence N-86.39'45"W, parallel with dnd 40.00 feet northerly IL from, as measured at right angles, the centerline of said Tuller Road, a distance of 355.32 feet to the true point of beginning and being a 0.082 acre area of land, mor~ or less. 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