050-92 Ordinance
. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 3G043
Ordinance No._________5_Q..._t2_ Passed __un n_n_nHn - mUm_nHn - m_J9Hn
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
,. EASEMENT IN A 3.064 ACRE TRACT OWNED BY
\ THE OHIO BELL TELEPHONE COMPANY, 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 Thirty-three Thousand Nine Hundred Forty-six
Dollars ($33,946.00), 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 ci ty 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____ ___5_0~_~2_ P assed____m ___u ------- -------------- _19_____
paqe Two
f"'" 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 Jf~ day of 71lar , 1992.
p~~r
ATTEST:
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Clerk of Council
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\..,. I hereby wtifv thot conies of tl,'5 Ord:nnnce/Rm,I"fiolt-were posted in the
City of Dubr" in accordance with Section 731.25 of the otIio Revised Code.
~CL~
Clerk of Council, Dublin, Ohio
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~ _.' . EXHIBIT "A"
,,- .>' . 91478118 November 22, 1991
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DESCRIPTION OF A 0.115 AC~E AREA OF
LAND (PRBSENT ROAD OCCUPIED) LOCATl!lD ON THE NORTHERLY
SIDE OF THE CENT!RLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN TUE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF 01110
(TilE OHIO BELL TELEPHONE COMPANY TRACT)
situated in the State of Ohio, County of Franklin, city of
Dublin, being in Quarter Township 2, Township 2 North, Range 19
r West, United states Military Lands, being a 0.115 acre area of
land, more or less, said 0.115 acre being out 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, said 0.115 acre area of land
I being more particularly described as follows:
Beginning, for reference, at the centerline intersection of
I Tuller Road and Riverside Drivel thence S-86'33t15"E, with the
centerline of said Tuller Road, a distance of 1677.33 feet to an
angle pointl t~ence S-86.39'45"E, with the centerline of said
I Tuller Road, a distance of 379.33 feet to the true point of
beginning at the southwesterly corner of saLd 3.064 acre tract,
the same being the southeasterly corner;of that 4.204 acre tract
of land described in the deed to the county of Franklin, of
I record in Deed Book 3568, Page 893 and the southeasterly corner
of that 0.204 acre tract of land described in the deed to the
Village (city) of Dublin, of record in aeed Book 3559, Page 864,
I both being of record in the Recorder's Office, Franklin county,
Ohio,
Thence, from said true point of beginning, N-2.3l'15"E,
. with the westerly line of said 3.064 acre tract, with the
easterly line of said 4.204 acre tract and with the easterly
line of said 0.204 acre tract, a distance of 20.00 feet to a
It point,
Thence S-86039'45"E, crossing said 3.064 acre tract,
parallel with and 20.00 feet northerly from, as measured at
. right angles, the centerline of said Tuller Road, a distance of
250.00 feet to a point in the easterly ~ine of said 3.064 acre
tract, the same being in the westerly line of that 1.089 acre
tract of land described in the deed to Brickstone Commons Office
Condominium, of record in Official Record 07546110 and the
northwesterly corner of that 0.203 acre tract of land described
in the deed to the village (City) of DUblin, of record in
Official Record 06835Jl7, both being of record in the Recorder's
Office, Franklin county, Ohio,
Thence S-203l'15"W, with the easterly line of said 3.064
acre tract and with the westerly line of said 0.203 acre tract,
a distance of 20.00 feet to a point in the centerline of said
TUller Road at the southeasterly corner of said 3.064 acre
tract, the same being the southwesterly' corner of said 0.203
acre tract,
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91478118 November 22, 1991
DESCRIPTION OF 0.115 ACRE AREA (cont'd)
Thence N-86'39'45"W, with the centerline of said Tuller
Road and with the southerly line of said 3.064 acre tract, a
distance of 250,00 feet to the true point of beginning and
containing 0.115 acre of land, more orless.
subject to all rights-of-way, easements and restrictions,
if any, of previous record. ~
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We hereby certify that the foregoing description was
prepared from information obtained from actual field surveys
conducted by Bauer~ Davidson & Merchant, tno. in January of 1987
and in September of 1988.
The bearings given in the foregoing desoription correspond
to the bearings given for the centerline 9f survey made by the
Ohio Department of Highways for Interstate Route 1-270
(FRA-270-10.33N).
BAUER, DA~IDSON & MERCHANT, INC.
Consult!n~ Engineers
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,:'\;. ~' ", 91478111 EXHIBIT "B" November 22, 1991
DESCRIPTION OF A 0.230 ACRE AREA OF
LAND LOCATED OU THE NORTHERLY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN TilE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
(THE 01110 BELL TELEPHONE COMPANY TRACT)
si~uated in the State of ohio, coun~y of Franklin, city of
Dublin, being in Quarter Township 2, Township 2 North, Range 19
,.... Weat, United states Military Lands, being a 0.230 acre area ot
land, more or less, said 0.230 acre being out of ~hat 3.064 acre
tract of land desoribed in the deed to The ohio Bell Telephone I
com1any, of record in Deed Dook 3030, Page 640, Recorder's
Off ce, Franklin county, ohio, said 0,230 acre area of land
being more par~icularly described as follows!
Beginning, for reference, at the centerline in~ersection of
r Tuller Road and Riverside Drivel thence S-86'33'15"E, with the
centerline of said Tuller Road, a distance of 1677.33 feet to an
angle poin~1 thence S-86'39'45"E, with the centerline of said
I Tuller Road, a distance of 379.33 feet to the true point of
beginning at the southwesterly corner of sai~ 3.064 acre tract,
the same beiny the southeasterly corner of that 4.204 acre tract
I of land descr bed in the deed to the county of Franklin, of
record in Deed Book 3569, Page 893 and th~ southeasterly corner
of that 0.204 acre tract of land described in the deed to the
village (City) of DUblin, of record in De~d Book 3559, Page 964,
I both being of record in the Recorder's Of~ice, Franklin county,
ohio:
I Thence, from said true point of begitming, N-02 ~ 31' 15"E,
with the westerly line of said 3.064 acre tract, with the I
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easterly line of said 4.204 acre tract and with the easterly ,
line of said 0,204 acre tract, a distance of 40.00 feet to a :
I 3/4-inch (I,D.) iron pipe, ,
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Thence S-86'39'45"E, crossing said 3~064 acre tract, 1
I parallel with and 40.00 feet northerly from, as measured at
right angles, the centerline of said Tuller Road, a distance of
250.00 feet to a 3/4-inch (1.0.) iron pipe in the easterly line
I of said 3,064 acre tract, the same being 1n the westerly line of
that 1,089 acre tract of land described in the deed to
Brickstone Commons Office condominium, of record in Official
Record 07546110 and the northwes~erly corner of that 0.203 acre
I tract of land described in the deed to th~ village (city) of
DUblin, of record in Official Record 068J5J17, both being of
record in the Recorder's Office, Franklin county, Ohio,
I Thence S-2'31'15"W, with the easterly line of said 3.064
acre tract and with the westerly line of said 0.203 acre tract,
a distance of 40.00 feet to a point in the centerline of said
I TUller Road at the southeasterly corner of said 3.064 acre
tract, the 8ame being the southwesterly corner of said 0.203
acre tract, ,
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9i.t78117 November 22, 1991
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DESCRIPTION or 0.230 ACRE AREA (cont'd) ,
Thence N-86.39'45"W, with the centerline of said Tuller
Road and with the southerly line of said 3.064 acre tract, a
distance of 250.00 feet to the true poi~t of beginning and
containing 0.230 acre of land, more or1ess.
subject to all rights-of-way, easements and restrictions,
if any, of previous record.
-r.-- We hereby certify that the foregoihg description was
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prepared from information obtained from actual field surveys
conducted by Bauer, Davidson (, Merchant; Inc. in January of 1991
I and in September of 1998.
. The bearings given in the foregoing description correspond
. to the bearings given for the centerline of survey made by the
ohio Department of Highways for Interstate Route 1-210
(rRA-270-10.33N).
BAUER, bAVIDSON (, MERCHANT, INC.
conSUlting Engineerd
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No. 6942
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89181303 EXHIBIT "c" June 2, 1989
DESCRIPTION OF A PROPOSED 0.057 ACRE ROADWAY 1
TEMPdiliyr"COhSTRUCTION,EASEMENT LOCATED
ON THB NORTHERLY SIDE OF TULLER ROAD AND EAST
OF RIVERSIDE bRIVE, IN THE CITY OF
DUBLINt COU~TY OF FRANKLIN, STATE 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
I feet in width (0.051 acre of land, more or less), said 0.051
acre area of land being in that,3.064 acre tract of land
described in the deed to Ohio Bell Telephone Company, of tecord
I in Deed Book 3030, Page 640, Recorder's Office, Franklin ounty,
ohio, said 0.057 acre area of land being more particularly
described as follows:
I Beginning, for reference, at the centerline intersection of
Tuller Road and Riverside Drivel thenceS-86'33'15"E, with the
centerline of said Tuller Road, a distanc~ of 1,617.33 feet to
I an angle point1 thence S-86'39'45itE, wit:;h tpe centerline of
said TUller Road, a distance of 319.33 feet to the southwesterly
corner of said 3.064 acre tract, the same being the
I southeasterly corner of that 4.204 acre tract of land described
in the deed to the county of Franklin, of record in Deed Book
3568, Page 893 and the southeasterly corrier of that 0.204 acre
I tract of land described in the deed to the village (city) of
DUblin, of record in Deed Book 3559, Page 864, both being of
record in the Recorder'S Office, Franklin County, Ohio1 thence
N-2'3l'15"E, with the westerly line of said 3.064 acre tract,
I#~ with the easterly line of said 4.204 acre tract and with the I
easterly line of said 0.204 acre tract, a distance of 40.00 feet ,
to the true point of beginning, , :
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Thence, from said tru~ point of beginning, N-2'31'15"E, I
with the westerly line of said i.064 acre tract and with the I
I easterly line of said 4.204 acre tract, a distance of 40.00 feet
to a point1
Thence S-86'39'45tfE, crossing said 3.064 acre tract,
I parallel with and 50.00 feet northerly from, as measured at
right angles, the centerline of said Tuller Road, a distance of
250.00 feet to a point in the easterly line of said 3.064 acre
I tract, the same being in the westerly line of that 1.089 acre
tract of land described in the deed to Brickstone Commons Office
Condominium, of record In Officlal Record 01546110, Recorder's
Office, Franklin County, Ohio,
I Thence S-2'31'15"W, with the easterly line of said 3.064
acre tract and with the westerly line of said 1.089 acare tract, I
I a distance of 10.00 feet to the northwesterly corner of that
0.20i acre tract of land described in the deed to the village
(city) of DUblin, of record in Official necord 06835Jl',
Recorder's Office, Franklin county, Ohio;
I Thence N-86'39'45"W, parallel with and 40.00 feet northerly
from, as measured at right angles, the centerline of said Tuller
~ Road, a distance of 250.00 feet to the true point of beginning
and being a 0.051 aore area of land, mora or less.
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