052-92 Ordinance
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. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. ..... 5.3...92_ Passed. _._._n'_ _19. _ I
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
t'. EASEMENT IN A 10.537 ACRE TRACT OWNED BY
AETNA LIFE INSURANCE, 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
r- 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 One Hundred Twenty-five Thousand six Hundred
Seventy Dollars ($125,670.00), 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
Ordinance No. _________5.2.....92_ Passed___ m___umumU m____19_____ \-
Page Two
,.. section 6. This ordinance is hereby declared to be an
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L.... 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 i(~ day of ~~ , 1992.
ATTEST:
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Clerk of Council
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{ b rtifv that conies of t~:s Ord:nancetleseMi'fI were posted in the
- I here y ce .' 25 f th 0J1' Revised (ode.
City of Dublin in occordance w:th Section 731. 0 e 10
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Clerk of Council, Dublin, Ohio
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sEth BY:CP & M ; 5- 4-92 ; 2:06PM; OFFICE SERVICES~ 6147616562:# 2
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. EXHIBIT "A"
91478129 April 29, 1992
DESCRIPTION OF A 0.857 ACRE AREA OF LAND
LOCATED ON THE NORTHERLY SIDE OF THE CENTERLINE
OF TULLER ROAD AND EAST OF RIVERSIDE DRIVE,
IN THE CITY OF DUSLIN, COUNTY OF FRANKLIN,
STATE OF OHIO
_.
(AETNA LIFE INSURANCE COMPANY)
situated in the state of Ohio, County of Franklin, city ot
DUblin, being in Quarter Township 2, Township 2 North, Range 19
West, United states Military Lands, being a 0.857 acre area of
land, more or less, said 0.857 acre being out of that 10.537
aore traot of land desoribed in EXHIBIT A in the deed to Aetna
Lit. !nsurance Copmany, of record in Official Record 18099D03,
Recorder's Office, Franklin County, Ohio, said 0.857 acre tract
ot land being more particularly desoribed as follows:
Beginning, for reference, at the centerline intersection of
TUller Road and Riverside Drivel thence ea.twardly, with the
oenterline of said Tuller Road, the following three (3) course.
and distanoes: 1.) S-S6'33'l5I1E, a distance of 1677.33 feet to
an angle pointl 2.) S-8S.39t45I1E, a distance of 729.33 feet to
an angle point; 3.) N-80.09'15"E, a distanoe of 120.74 feet to
the true point of beginning at an angle point at the
southwesterly eorner of said 10.537 acre traot, the same being
the southeasterly corner of a 0.203 aore traot of land desoribed
in the deed to The Village ot DUblin, ot r.oo~d in Offioial
Record OB83BJ17, Racordor's Office, tranklin County, Ohio;
Thence from said true point ot beginning, N"'2'50'25"E, with
the westerly line ot eaid 10.537 aore traot and with the
easterly line of said 0.203 aore traot, a distance of 40.03 feet
to a 3/4-inch (I.D.) iron pipe:
Thenoe eastwardly, crossing said 10.537 acre traot,
parallel with and 40.00 feet no~ther1y from, as meaeu~ed at
right angles, the oenterline of said TUller Road, the following
two (2) courses and distances:
1. ) S-99'24'51IlE, a distance of 881.65 feet to a 3/4-inch
(1.0.) iron pipe at an angle point,
2.) N-8S'55'44"E, a dist.ance of 51.25 t.et to a 3/4-inch
(I.O.) iron pipe in the easterly line ot said 10.537 acre traot
at an angle point (northwesterly corner) in the right-of-way
boundary of TUller Road as the same is shown and delineated upon
the reoorded plat of DUblin Village Center (Dedication of
Federated Boulevard, DUblin center Orive, Tuller Road and
Easements), of record in Plat Book 65, Pages 21 and 28, said
i~on pipe also baing the southwesterly oorner of that 3.385 acre
traot of land desoribed in the deed to DUblin Woodfin
I Assooiates, ot reoord in Offioial Record 06439F14, both beinq of
reoord in the Recorder's Ofrioe, Franklin County, Ohio,
Thence S-2'40'l7"W, with the easterly line of said 10..537
aore traot and with the westernmost line of said DUblin Village
Center, a distance of 40.29 feet to a point in the centerline of
said TUller Road, at the southeasterly corner of said 10.537
aore traot, t.he same being a southwesterly corner of said Dublin
Village Center,
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91478129 April 29, 1992
DESCRIPTION OF A 0.857 ACRE AREA OF LAND (Cont'd)
Thence westwardly, with the centerline of said Tuller Road
i~ and with the southerly boundary of said lO.S37 aore tract, the
following two (2) courses and distances:
1.) S-BS'55'44"W, a distance of 48.14 feet to an angle
point;
2.) N-ego2415l"W, a distance ot 8B4.85 feet to the true
point of beginning and oontaining 0.857 aore of land, more or
less.
Subjeot to all rights-of-way, easements and restriotions,
if any, of previous record. Also sUbjeot to all legal highways.
We hereby oertify th~t the foregoing desoription was
prepared from information obtained from aotual field surveys
oonduoted by Sauer, Davidson & Merchant, In9. in January of 1987
and in September of 1988.
DAVIDSON & MERe , INC.
dong Enqineers
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EXHIBIT "B"
~, 9l47S130 April 29, 1992
DESCRIPTION OF A 0.428 ACRE AREA OP LAND
(PRESENT ROAD OCCUPIED)LOCATED ON THE NORTHBRLY SIDE OF
THE CENTERLINE or TULLER ROAD AND EAST OF RIVERSIDE DRIVE,
IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO
. (AETNA LIFE INSURANCE COMPANY)
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l~ situated in the Stat. of Ohio, County of Franklin, city of
I DUblin, being in Quarter Township 2, Township 2 North, Range 19
. West, United States Military Lands, beinq a 0.428 aore arQa of
, land, more or less, said 0.428 aore being out of that 10_537
i acre tract of land desoribed in EXHIBIT A in the deed to Aetna
Life Insurance Company, of record in Official Record lS099DO~,
Recorder1s Office, Franklin County, Ohio, said 0.428 acre traot
of land being more partioularly desoribed as follows I
Beginning, for reference, at the centerline interseceion of
. Tuller Road and Riverside Drive, thenoe eastwardly, with the
.~ centerline of said TUller Road, the fOllowing three (3) courses
0 and distances I 1.) 8-86-33Il5"E, a distance of 1677.33 feet to
,. an angle point, 2.) 8-S6'39145"E, a distanoe of 729.3~ teet to
I an angle point; 3.) N-80.09Il5"E, a distance of 120.74 feet to
the true point of beginning at an angle point at the
southwesterly corner of said 10.537 aore tract, the same being
the southeasterly corner of a 0.203 acre tract of land described
in the daa4 to The Village ot DUblin, of reaord in Official
Reoord 06835J17, RQcorderls Offica, Franklin County, Ohio,
Thenoe, from said true point ot beginning, N-2'SO'25ltE,
r with the westerly line of 8aid 10.537 acre tract and with the
. easterly line of said 0.203 acre tract, a diseance of 20.02 feet
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to a point, ,
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Thence eastwardly, orossing said 10.537 aore tract,
parallel with ana ao_oo t.at northerly from, as maasured at
right angles, the centerline of said Tuller Road, the fOllowing
two (2) courses and distances:
1.) S-S9.24'51"E, a distance of 883.25 teet to an angle
point;
2.) N-8S-55144"E, a distance of 49.70 t..t to a point in
the easterly line of said 10.537 acre traot the same being in
the right-of-way boundary of Tuller Road as the same is shown
and delineated upon the recordQd plat of Dublin Village Center
(Dedioation of Federated BOUlevard, DUblin Center DrivQ, TUller
Road and Easements), of record in Plat Book 65, Pages 27 and 28,
Recorder1s Ottice, Franklin County, Ohio,
Thence S-2-40'17"W, with the easterlY'line of 8aid 10.537
acre tract and with the wQsternmost line ot said DUblin Village
I Center, a distance ot 20.14 feet to a point in the centerline of
.aid Tuller Road, at the southeasterly corner of said 10.83'
acre tract, the same being a southwesterly corner of said Dublin
Village Centerl
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; 5- 4-92 ; 2:08PM; OFFICE SERVICES~ 6147616582;# 5
~ENT BY:CP & M
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91478130 April 29, 1992
DESCRIPTION OF A 0.428 ACRE AREA OF LAND (Cont'd)
Thence westwardly, with the centerline of said ~uller Road
and with the southerly boundary of said 10.537 aOre tract, the
fOllowing two (2) courses and distanoes:
I 1. ) S-8S"S5'44"W, a distance ot 48.14 feet to an angle.
pointl
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.' 2. ) N-89.24'51"W, a distance of 884.85 feet to the true I
point of beginning and containing 0.428 acre of land, more or I
less.
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SUbject to all rights-of-way, easements and restrictions,
if any, of previous record. Also subject to all legal highways.
We hereby oertify that the foregoing description was
prepared from information obtained trom aotual field survey.
conducted by Sauer, Davidson & Merchant, Inc. in January of 1987
, and in September of 1988.
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BAUER, DAVIDSON & MERCHANT, INC.
Consulting Engineers
By
Jimmie L. Davis
Prof.ssional Burv.yor No. 6942
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. EXHIBIT "e"
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91478131 April 29, 1992
DESCRIPTION OF A PROPOSED 0.214 ACRE ROADWAY
TEM~ORARY CONSTRUCTION EASEMENT LOCATED
ON THE NORTHERLY SIDE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF
nUBLIN, COUNTY OF FRANKLIN, .STAT~ OF OHIO
(AE~NA LIFE INSURANCE COMPANY)
TEMP9RARY CONSTRUCTION EASEMENT
Situated in the state of Ohio, County of Franklin, City of
Dublin, beinq in QU~rter To~nship 2, Township 2 North, Ranga 19
West, Unit@d states Military Lands, bainq a strip of land, ten
teet in width (0.214 acre ot land, more or Ie..), said 0.214
acre area of land being in that 10.537 acre tr~ct ot land
desoribed in EXHIBIT A in the deed to Aetna Life Inauranca
Company, of reoord in Oftioi~l Record 18099003, Recorder's
Office, Franklin County, Ohio, said 0.214 ~cre area of land
being more particularly described a8 fOllow.:
Beginninq, for r@terence, at the centerline intersection of
TUller Road and Riverside Drive; thence eastwardly, with the
oenterline of said TUller Road, the tollowing three (3) courses
and distanC8sr 1.) S-86'33115"E, a distance of 1,677.33 feet
to an anqle point, 2.) S-86'39'45"E, a distance at 739,33 feet
to an angle point, 3.) N-90'09'15"E, a distance of 120.74 feet
to an angle point at the southwesterly corner of said 10.537
acre traot, the Same being the southeasterly oorner of a 0.303
acre tract of land described in the deed to The Village (city)
ol Dublin, ot record in Otfioial Reoord 06835J17, Recorder's
Oftice, Franklin County, Ohio: thence N-02'SO'25"E, with the
westerly line ot said 10.537 acre traot and with the easterly
\ line of said 0.203 acre traot, a distanoe of 40.03 feet to the
true point of beqinning ~t the northeasterly corner of said
0.203 acre tract, the same being the southwesterly corner ot
that 1.089 are tract of land described in the deed to Briokstone
Commons Offioe Condominium, of reoord in Official Record
07646II0, Recorder'a Office, Franklin County, Ohio,
Thence, from said true point of beginninq, N-2'50'2StJE,
with the westerly line of said 10.!37 acre tract and with the
easterly line ot said 1.089 aore tract, a distanoe of 10.01 feet
to a point,
Thence eastwardly, oroasing said 10.537 acre tract,
parallel with and 50.00 feet northerly from, as measured at
riqht angles, the centerline of 8aid ~uller Road, the fOllowing
two (2) courses and distanoes:
1. ) S--89D24151"E, a distance of 980.88 feet: to an angle
point;
\ 2.) N-8~.55'44"E, a distance ot 52.00 feet to a point in
the easterly line ot said 10.537 acre tract, the same bein; in
the westerly line ot that 3.385 aOre tract of land described in
the deed to Dublin WOodfin ASsociates, of record in otficial
Record 012497B02, R800rderls Office, Franklin County, ohiol
Thenoe S-2'401l7"W, with the easterly line ot said 10.537
acre tract and ~ith the westerly line ot s~id 3.385 acre tract,
a distanoe of 10.07 teet to the southwesterly corner of said
3.385 aore tract, the .ame beinq an angle point (northwesterly
corner) in the right-Of-way boundary at Tuller ~oad a8 the same
is shown and delineated upon the recorded plat of DUblin Village
Center (Dedication of Fed.ra~.d BOUlevard, DUblin Center Drive,
TUller Road and Easements), ot record in Plat Book 65, Pages 27
and 28, Recorder's Office, Franklin County, Ohio;
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91478131 April 29, 1992
DESCRIPTION OF A PROPOSED 0.214 ACRE (Cont'd)
Thenoe westwardly, parallel with and 40.00 feet northerly
from, as measured at right angles, the centerline of said TUller
Road, the followinq two (2) oourSGS and distances:
1. ) s-eS'SS'44"W, a distance of 51.23 feet to a point,
2. ) N-99'24'51"W, a distance of 881.67 lOBi: to the true
point of beginning and being a 0.214 aore area of land, more or
less.
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