053-92 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. ______u__5_3...9_2__ Passed ______ ___ ___u_____________u____________19 ___
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
r EASEMENT IN A 9.447 ACRE TRACT OWNED BY
.. THE THOMAS FAMILY LIMITED PARTNERSHIP,
. LOCATED ON THE SOUTH 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" 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
purpose of improving Tuller Road, pursuant to Ohio Revised
f' Code Chapter 163 and the Constitution of the state of Ohio.
__ Section 2. Council hereby fixes the value of the interests
appropriated at One Hundred Fifty-three Thousand six Hundred
Twenty-two Dollars ($153,622.00), 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_3~_i2_ Passed_____________ __m______ mu____ m__19_ 0 \-
Page 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 ~ day of 7h~__ , 1992.
ATTEST:
~/Y1 ~ ? ~
Clerk of Counci
r
I ....., -"" "'of co!lies of this OrdinanceLleselution were posted in the
..... GIJ ef IMJfin in accordance w:th Section 731.25 of the Ohio Revised Code.
O/V1/rlA @.{l~~
Clerk of Council, Dublin, Ohio
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~ ...-1 EXHIBIT "A-I"
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91478126 March 31, 1992
DESCRIPTION OF A 0.462 ACRE AREA OF LAND
(PRESENT ROAD OCCUfIED)
LOCATED ON THE SOUTHE~LY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF DUBLIN,
COUNTY OF FRANRLIN, STATE OF OHIO'
(THE THOMAS FAMILY EAST TRACT)
l1>l"lJ<>,
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 0.462 acre area of
land, more or less, said 0.462 acre being in the land described
in the deed to the Thomas Family Limited Partnership, of record
in Official Record 17716D10, said 0.462 acre area of land being
a part of Lot 3 as the same is numbered, and delineated upon the
recorded plat of the Lands of Chauncey McGurer, of record in
Plat Book 12, Page 27, both being of reoord in the Recorder's
Office, Franklin County, Ohio, said 0"462 acre area of land
being more particularly described as f01lows:
Beginning, for reference, at the c~nterline intersection of
Tuller Road and'Tuller Ridge Drive as the same is designated and
delineated upon the recorded plat of Tu1ler Ridge Drive and
Easements, of record in Plat Book 71, Page 60, said reference
point of beginning being in a northerly.line of said Lot 3 and
in the northerly line of that 1.172 acre tract of land described
in the deed to The City of DUblin, of record in Official Record
12ll6H02, Recorder's Office, Franklin County, Ohio7 thence
S-86"33'15"E, with the centerline of said Tuller Road, with a
northerly line of said Lot 3 and with the northerly line of said
1.172 acre tract, a distance of 715.79 feet to an angle point in
the centerline of said Tuller Road, the. same being the
northwesterly corner of said 17.940 acre tract and the
northeasterly corner of said 1.172 acre tract7 thence,
eastwardly, with the centerline of said Tuller Road, with the
northerly boundary of said Lot 3 and with the northerly boundary
of said 17.940 acre tract, the following three (3) courses and
distances: 1.) S-86"39'45"E, a distanQe of 729.33 feet to a
point, 2. ) N-80.09'15"E, a distance at 120.74 feet to a
point, 3. ) S-89"24'51"E, a distance ot 30.83 feet to the true
point of beginning at the northeasterly corner of said 17,940
acre tract! the same beihg the northwesterly corner of said The
Thomas Fam ly Limited Partnership land (O.R. 17716010)7
Thencel from said true point of beginning, eastwardly, with
the centerl ne of said Tuller Road and with the northerly
boundary ot said The Thomas Family Limited PartnerShip land
(O,R. 17716DI0), the following two (2) eourses and distances:
1.) S-89.24'51"E, a distance of 854.02 feet to a point1
2.) N-85'S5'44"E, a distance of 152.14 feet to the point
of intersection of the centerline of said Tuller Road with a
westerly right-of-way line of Federated Boulevard (now known as
Vi1la!e Parkway by motion unanimously passed by the city
Counc 1, city of DUblin, Ohio on August 1, 1988), as said
intersection is shown and delineated upon the recorded plat of
Dublin Village Center (Dedication of Federated BOUlevard, Dublin
Center Drive, Tuller Road and Easements), of record in Plat Book
65, Pages 27 and 28, Recorder's Office, 'Franklin County, Ohio7
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91478126 March 31, 1992
DESCRIPTIOM OF 0.462 ACRE OF tAND (Cont'd)
Thence S-2'36'33"W, with a westerly right-of-way line of
said Village Parkway, a distance of 20.14 feet. to a point.,
Thence westwardly, parallel with and 20.00 feet southerly
from, as measured at right angles, t.hecenter1ine of said Tuller
~. Road, t.he following two (2) oourses and dist.ancesf
1.) S-85*55'44"W, a distance of 150.62 feet to a point7
2.) N-89*24'51"W, a distance of 8S~.48 feet t.o a point. in
the westerly line of said The Thomas Family Limited Partnership
land (O.R. 17716010), the same being in the easterly line of
said 17.940 acre tract7
Thence N-S*17'08"E, with the westerly line of said The
Thomas Family Limited Partnership (0.R',17716010) .and with the
easterly line of said 17*940 acre tractj a distance of 20.07
feet to the true point of beginning and,being a 0.462 acre area
of land, more or less.
Subject to all rights-of-way, easements and restrictions,
if any, of previous record. Also subjeot to all legal highways.
We herebI state that the foreqoinqdescription was prepared
from informat on obtained from actual field surveys conducted by
Bauer, Davidson , Merchant, Inc. in January of 1987 and in
September of 1988.
The bearings given in the foregoing description correspond
to the bearings given for the centerlin. of survey made by the
ohIo Department: of Highways for Interstate Route 1-270
(FRA-270-10.33N).
BAUER, QAVIDSON & MERCHANT, INC.
Consulting Engineers
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No. 6942
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. . . . EXHIBIT "A-2"
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9147812S March 31, 1992
DESCRIPTION OF 1.083 ACRES OF LAND
LOCATED ON THE SOUTHERLY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE pITY OF DUBLIN,
COU~TY OF FRANKLIN, STATE OF OHIO
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(THE THOMAS FAMILY EAST TRACT)
.#f~'~""- 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, containing 1.083 acres of
land, more or less, said 1.083 acres being out of the land
described in the deed to the Thomas FamilI Limited Partnership,
of record in Official Record 17716D10, sa d 1.083 acres of land
being a part of Lot 3 as the same is numbered and delineated
upon the recorded plat of the Lands of Chauncey McGurer, of
record in Plat Book 12, Page 27, both being of record in the
Recorder's Office, Franklin County, Ohio, said 1.083 acres of
land being more particularly described ~s follows:
Beginning, for reference, at the centerline intersection of
Tuller Road and Tuller Ridge Drive as the same is designated and
delineated upon the recorded plat of Tuller Ridge Drive and
Easements, of record in Plat Book 71, Page 60, said reference
point of beginning being in a northerly line of said Lot 3 and
in the northerly line of that 1.172 acre tract of land described
in the deed to The city of DUblin, of record in Official Record
12116802, Recorder's Office, Franklin C~unty, Ohio; thence
S-86'33'lS"E, with the centerline of said Tuller Road, with a
northerly line of said Lot 3 and with the northerly line of said
1.172 acre tract, a distance of 7lS.79 feet to an angle point in
the centerline of said Tuller Road, the same being the
northwesterly corner of said 17.940 acre tract and the
northeasterly corner of said 1.172 acre tract; thence
eastwardly, with the centerline of said Tuller Road, with the
northerly boundary of said Lot 3 and with the northerly boundary
of said 17.940 acre tract, the following three (3) courses and
distances: 1.) S-86'39'4S"E, a distande of 729.33 feet to a
point; 2. ) N-80'09'lS"E, a distance of 120.74 feet to a
point; 3.) S-89'24'Sl"E, a distance of 30.83 feet to the true
point of beginning at the northeasterly:corner of said 17.940
acre tract, the same being the northwesterly corner of said The
Thomas Family Limited Partnership land (O.R. 17716DI0);
Thence, from said true point of beginning, eastwardly, with
the centerline of said Tuller Road and with the northerly
boundary of said The Thomas Family Limited Partnership land, the
following two (2) courses and distances:
1. ) S-89'24'Sl'E, a distance of 854.02 feet to a point;
2.) N-8S'SS'44"E, a distance of 152.14 feet to the point
of intersection of the centerline of said Tuller Road with a
westerly right-of-way line of Federated Boulevard (now known as
Villale Parkway by motion unanimously passed by the City
Counc 1, city of DUblin, Ohio on August 1, 1988), as said
intersection is shown and delineated upon the recorded plat of
Dublin Village Center (Dedication of Federated Boulevard, Dublin
"',.:~ center Drive, Tuller Road and Easements), of record in Plat Book
65, Pages 27 and 28, Recorderts Office, Franklin County, Ohio;
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91478125 March 31, 1992
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DESCRIPTION OF 1.083 ACRES OF LAND (Cont'd)
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Thenoe S-2.36'33"W, with a westerly right-of-way line of
said Village Parkway, a distance of 40.27 feet to the
northeasterly corner of that 0.726 acre tract of land desoribed
~;"" in the deed to the city of Dublin, ohio; of record in Official
Record 13307G20, Recorder's Office, Franklin County, Ohio:
Thence westwardly, with the northerly boundary of said
0.726 acre tract and parallel with and 40.00 feet southerly
trom, as measured at right angles, the centerline of said Tuller
Road, the tollowing two (2) courses and. distances:
1. ) S-8S.SS'44"W, a distance of 149.09 feet to a point:
2.) N-89-24'S1"W, a distance of 229.13 feet to a point of
curvature at the westernmost corner of said 0.726 acre tract:
Thence eastwardly, with a southwesterly line of said 0.726
aore tract, the same being the arc of a. curve to the right
having a radius of 364.20 teet, a central angle of 13.27'27" and
a chord ~hat bears S-82-41'08"E, a chord distance of 8S.3S feet
to 8 point,
Thence N-89.24'Sl"W, parallel with and SOiOO feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 715_38 feet to a point in the westerly line
ot said The Thomas Family Limited Partnership (O.R. 17716010),
the same being in the easterly line of said 17.940 acre tract:
Thence N-5-17'08"E, with the westerly line of said The
Thomas Family Limited PartnerShip land ,CO.R. 17716D10) and with
the easterly line of said 17.940 aore tract, a distance of SO.17
feet to true point of beginning and oontaining 1.083 acres of
land, more or less.
Subject to all rights-of-way, easements and restrictions,
if any, of previous record. Also subject to all legal highways.
We herebI state that the foregoing description was prepared
from informat on obtained from actual field surveys conducted by
Bauer, Davidson' Merchant, Inc. in January of 1987 and in
September of 1988.
The bearings given in the foregoing description correspond
to the bearings given tor the centerline of survey made by the
Ohio Department of Highways for Interstate Route 1-270
(FRA-270-10.33N).
DAVIDSON' MERCHANT, INC.
!ng Engineers ,
'-- /
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No. 6942
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- 0 . EXHIBIT "B"
91487127 March 31, 1992
DESCRIPTION OF A PROPOSED 0.261 ACRE
ROADWAY TEMPORARY CONSTRUCTION EASEMENT
LOCATED ON THE SOUTHERLY SIDE OF
TULLER ROAD AND EAST OF RIVERSIDE DRIVE,
IN THE CITY OF DUBLIN, COuNTY OF FRANKLIN,
STATE OF OHIO
(THE THOMAS FAMILY EAST TRACT)
situated in the State of Ohio, county of Franklin, city of
DUblin, being in Quarter Township 2, To~nship 2 North, Range 19
West, United states Military Lands, being a strip of land 10.00
feet in width (0.261 acre area of land, more or less), said
0.261 acre area being in the land described in the deed to the
Thomas FamilI Limited Partnership, of record in Official Record
l7716D10, sa d 0.261 acre of land being a part of Lot 3 as the
same is numbered and delineated upon the recorded plat of the
Lands of Chauncey McGurer, of record in: Plat Book 12, Page 27,
both being of record in the Recorder's Office, Franklin County,
Ohio, said 0.261 acre area of land beinq more particularly
described as follows:
Beginning, for reference, at the centerline intersection of
Tuller Road and Tuller Ridge Drive as the same is designated and
delineated upon the recorded plat of Tui1er Ridge Drive and
Easements, ot record in Plat Book 71, page 60, said reference
foint of beginning being in a northerly line of said Lot 3 and
n the northerly line ot that 1.172 acre tract of land described
in the deed to The city of DUblin, of r,cord in Official Record
12116802, Recorder's Office, Franklin County, Ohio, thence
S-86033'15"E, with the centerline of said Tuller Road, with a
northerly line of said Lot 3 and with the northerly line of said
1.172 acre tract, a distance of 715.79 feet to an angle point in
- the centerline of said Tuller Road at the northwesterly corner
of said 17.940 acre tract and the north~asterly corner of said
1.172 acre tract, thence eastwardly, with the centerline of
said Tuller Road and with the northerly boundary of said 17.940
acre tract, the following three (3) courses and distances: 1.)
S-86.39'45"E, a distance of 729.33 feet to a point1 2.)
N-80.09'15"E, a distance of 120.74 feet to a point, 3.)
S-89024'15"E, a distance of 30.83 feet to the northeasterly
corner of said 17.940 acre tract, the same being the
northwesterly corner of "the land described in the deed to The
Thomas Family Limited Partnership, of r~cord in Official Record
17716DI0, Recorder's Office, Franklin County, Ohio, thence
S-so17'08"W, with the easterly lIne of said 170940 acre tract
and wIth the westerly lIne of said The Thomas Family Limited
Partnership land, a distance of 50.17 feet to the true point of
beginning,
Thence, from said true point of beginning, S-89.24'51"E, a
distance of 715.38 feet to a point in a curve in the
southwesterly boundary line of that 0.7~6 acre tract of land
described in the deed to the city ot Du~lin, of record in
oftioial Record l3307G20, Recorder's Office, Franklin County,
Ohio,
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91478121 March 31, 1992
DESCRIPTION OF A PROPoSED 0.261 ACRE (Cont'd)
Thence southeastwardly, with the southwesterly line of said
0.726 acre tract and with the arc of a curve to the right having
a radius of 364.20 feet, a central angle of 67.14'57" and a
chord that bears S-42019'55"E, a chord distance of 403.36 feet
~."'> to the southwesterly corner of said 0.726 acre tract, the same
being in the northerly line of that 10.900 acre tract of land
desoribed In the deed to Byers Realty, Inc., of record in
ofticial Record 13112J08, Recorder's Office, Franklin County,
Ohio,
Thence S-84041'37"W, with the northerly line of said 10.000
acre traot, a distance of 10.02 feet to a point,
Thence northwestwardly, concentric with and 10.00 feet
southwesterly from, as measured radia11y, the southwesterly line
of said 0.726 acre tract and with the arc ot a curve to the left
having a radius of 354020 feet, a central angle of 66057'49" and
a chord that bears N-42017'07"W, a chord distance of 390.81 feet
to a point,
Thence N-89.24'51"W, parallel with and 60.00 feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance ot 715002 feet to a po~nt in the westerly line
ot said The Thomas Family Limited Partnership land, the same
being in the easterly line of said 17.~40 acre tract1
Thence N-5017'08"E, with the westerly line of said The
Thomas Family Limited Partnership land and with the easterly
line ot said 17.940 acre tract! a distance of 10.03 feet to the
_. true ~oint of beqinninq ahd be nq a 0.261 acre area of land,
more or less. .
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