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051-92 Ordinance "'\ -. ~ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.n nn___n__S_l~_9_2u Passedunn__n__n_n__n_ un____nn__n__n__nnnnnJ9_nn__ AN ORDINANCE TO APPROPRIATE A TEMPORARY CONSTRUCTION EASEMENT IN A 1.089 ACRE ~ TRACT OWNED BY BRICKS TONE COMHONS OFFICE , CONDOKINIOHS, LOCATED ON THE NORTH SIDE L 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 ORDAI~ by the council of the city of Dublin, state of Ohio, 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. r section 2. council hereby fixes the value of the interests ~ appropriated at One Thousand Eight Hundred Ninety-one Dollars ($1,891.00), 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 .... ,. ",^",L .1 . C'v- ~ T . ...1",""'....,.;... ~ , '^. . '- OF ORDINANCES RECORD Dayton Legal Blank Co. Form No. 30043 Ordinance No..____.._..5_1~_9.2__ Passed.m.____..______.__. m____ .n.m.__.1 9______ I paqe 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 J-(~ day of ~ , 1992. ATTEST: ~. {1 ~ Clerk of council r- I hereby r.ertifv tf1at copies of "'is Ord:nance.'-Rl!!eh,t!eft were posted in the ..... City of Dublin in accordance with Section 731.25 of the Otlio Revised Code. (;)/J/J/1/tA C7. (!p" ~ L-< Clerk of Council, Dublin, Ohio f'" L "'~""''''='''f'~">-' " ". ...,...",~,."",-~,. J n\! , . . IT,IJ,,,I~,I<~ " --_._~~_._------ "I . , ^ ' ,\ . , ,~ EXHIBIT "A" ' ". " 89191308 June 2. 1989 DESCRIPTION: OF A PROPOSED 0.051 ACRE ROADWAY TEMPORARY CONSTRUCTION EASEMENT LOCATED ON ~HB NORTHBRLY SlOB or TULLlR'ROAD AND EAST OF RIVERSIDB DRIVE, IN THE CITY OF bttbttN. COUNTY 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 feet in width (O.OSl acre of land, more or less), said O.OSl acre area of land being in that 1.089 adre tract of land described in the deed to ~riok8tone,Commons Office condominiu~~ of record in Official Recdrd 07546110, Recorder's Office, Franklin county, Ohio, said O.O!l 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-86.33'15"E, with the centerline of said Tuller Road, a distance of 1,677.33 feet to an angle pointl thence 8-86.39'45"E, with the centerline of said Tuller Road, a distance of 629.33 teet to the southeasterly corner 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, the same being the southwesterly corner of that 0.203 acre tract of land described in the deed to the Village (City) of Dublin, of record in Official Record,0683SJ17, both being of record in the Recorder's Office, Franklin county, Ohiol thence N-2.3l'lS"E, with the easterly line of said 3.064 are tract and with the westerly line of said 0.203 acre tract, a distance of 40.00 feet to the true point of beginniriq at the southwesterly corner of said 1.089 acre tract, the same being the northwesterly corner of said 0.203 acre tract, Thence, from said tru_ point of be~inning, N-2.31'lS"E, with the westerly line of said 1.089 acre tract and with the easterlI line of said 3.064 acre tract, ,a distance of 10.00 feet to a po nt, , Thence eastwardly parallel with and 50.00 feet northerly from, as measured at rIght angles, the qenterline of said Tuller Road, the following three (3) courses arid distances: 1.) 9-86-39'45"1, a distanc~ of 9~.93 feet to a point, 2.) N-80.09'1S"B, a diBtano~ at li9.S3 feet to a point, 3.) 8-89"24'51"E, a distance of 6~53 feet to a point in the easterly line of said 1.089 aore tract, the same being in the westerly line of that 10.537 acre tract of land described in the deed to Tuller Road Investment, Ltd., of record in Official Record 04959H11, Recorder's Office, Franklin County, Ohio, Thence S-2"SO'2S"W, with the easterly line of said 1.089 acre tract and with the westerly line of said 10.S37 acre tract, a distance of 10.01 feet to the southea~terly corner of said 1.099 aore traot, the same being the northeasterly corner of said 0.203 acre tract, , Thenoe westwardly, with the southerly boundary of said 1.089 acre traot and with the northerly boundary of said 0.203 aore traot, the same being parallel with and 40.00 feet northerly from, a8 measured at right angles, the oenterline of said Tuller Road, the following three (~) oourses and distancest j PAGE 1 OF 2 PAGES I, 89181308 June 2, 1989 , bBSCRIPrIOH bP ~.051 ACRB ARBl (con~'d) 1. ) h-89.24'51hW. ~ di.tanoe at 5.~3 teet to a point, 2. ) S-90.09'lShW, a ~!stance of 119.77 feet to a point, j.) H-86.39t45"W. a distance at 95.95 teet to the true point ot beginning and being a 0.051 acre area ot land, more or 1.... r I I I . I ,. I I : I I... I , I : , . . ; PAGE 2 OF 2 PAGES ...-...- J 1 .. ^ . .-....p ^ ...... . ~...........-,..-