054-92 Ordinance
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. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'm_uu~"_-U_u Passedu um un nm u - n19nn I
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
r- INTEREST AND A TEMPORARY CONSTRUCTION
EASEMENT IN A 1709.. 0 ACRE TRACT OWNED BY
L 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
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 Twenty-one Thousand One Hundred
Ninety-nine Dollars ($121,199.00), 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,_ _____5_4_.....9_2_ Passed_______ ___un_n. n ---- - 19_______ \-
page Two
r section 6. This ordinance is hereby declared to be
an
,t for the immediate preservation of the
..... emergency necessary
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 71Ly , 1992.
ATTEST:
~./1-'-LH {L (~~
Clerk of Council
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....... I hereby certify thnf ro"ies (If tt:~ OnJ:nance/ibolul:ulI were posted in the
City of Dublin in accordance w,th Section 731.25 of the Otlio Revised Cod..
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Clerk of Council, Dublin, Ohio
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~ ~ EXHIBIT "A-I"
91478124 March 31, 1992
DESCRIPTION OF A 0.404 ACRE AREA OF LAND
(PRESENT ROAD OCCUPIED)
LOCATED ON THE SOUTHER~Y SIDE OF
THE CENTERLINE OF TULLER ~OAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO
(THE THOMAS FAMILY WEST TRACT)
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 0.404 acre area of
land, more or less, said 0.404 acre being in that 17.940 acre
tract of land described in the deed to ~he Thomas Family Limited
Partnership, of record in Official Record 17716017, said 0.404
acre area of land being a part of Lot 3as 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 Offioet Franklin County, Ohio, said
0.404 acre area of la~d being more particularly described as
follows:
Beginning, for reference, at the centerline intersection of
Tuller Road and Tul1er 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
foint of beginning being in a northerly line of said Lot 3 and
n 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
12116H02, Recorder's Office, Franklin County, Ohio, thence
S-86033'15"E, with the centerline of satd 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 true point of
beginning I the same being the northwesterly corner of said
17.940 acre tract and the northeasterly'corner of.said 1.172
acre tract,
,
Thence, from said true point of beginning, 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-86039'45"E, a distance of 7~9.33 feet to a point,
2.) N-80009'15"E, a distance of 120.74 feet to a poi~t:
3.) S-89024'51"E, a distance of 30.82 feet to the
northeasterly corner of said 17.940 acr~ tract, the same being
the northwesterly corner ,of the land described in the deed to
The Thomas Family Limited partnerShip, df record in Official
Record 17716D10, Recorder's Office, Franklin County, Ohio1
Thence S-5017'08"W, with the easte~ly line of said 17.940
acre traot and with the westerly line of said The Thomas Family
Limited Partnership land (O.R. 17716010), a distance of 20.07
feet to a point,
... Thence westwardly, parallel with and 20.00 feet southerly
from, as measured at right ahqles, the centerline of said Tuller
Road, the following three (3) courses and distances:
I.) N-8ge24'5l"W, a distance of 27.36 feet to a point,
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91478124 March 31, 1992
DESCRIPTION OF 0.404 ACRE OF LAND (Cont'd)
2.) S-80009'15"W, a distance of 1~1.23 feet to a point1
3.) M-86039'45"W, a distance of 731.67 feet to a point in
the westerly line of said 17.940 acre tract, the same being in
the ea8terly line of said 1.172 aore traot,
Thence N-3025'38"E, with the westerly line of said 17.940
aore traot, and with the easterly line of said 1.172 acre tract,
a distance ot 20.00 feet to the true point of beginninq and
beinq 8 0.404 acre area 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 hereby state that the foregoing. description was prepared
from informat on obtained trom 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 bearinqs given for the centerline of survey made by the
Ohio Department of highways for Ihterstate Route 1-270
(FRA-270-10.33N).
INC.
No. 6942
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, .~. .......... : EXHIBIT "A-2"
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91478123 March 31, 1992
DESCRIPTION OF 1.010 ACRES OF LAND
LOCATED ON THE SOUTHERLY SIDE OF
THE CENTERLINE OF TULLER ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO
(THE THOMAS FAMILY WEST TRACT)
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 1.010 acres of
land, more or less, said 1.010 acres being out of that 17.940
acre tract of land described in the deed to The Thomas Family
Limited Partnership, of record in Official Record 17716D17, said
1.010 acres of land being a part of Lot 3 as the same is
numbered and delineated upon the record~d 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
1.010 acres of land being more particularly described as follows:
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 Tu~ler Ridge Drive and
Easements, of record in Plat Book 71, Page 60, said reference
point of beginning beinq in a northerly line of said Lot 3 and
in the northerly line of that 1.172 acr, tract of land described
in the deed to The city of DUblin, of record in Official Record
12116H02, 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 true point of
beqinninq, the same being the northwest~rly corner of said
17.940 acre tract and the northeasterly corner of said 1.172
acre tract:,
Thence, from said true point of beginning, eastwardly, with
the centerline of said Tuller Road, wit~ the northerly boundary
of said Lot 3 and with the northerly boundary of said 17.940
acre tract, the following three (3) courses and d~stances:
1.) S-86039'45"E, a distance of 7~9.33 feet to a point,
2. ) N-90009'15"E, a distance of 1~0.74 feet to a point,
3.) S-89024'51"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, 'df record in Official
Record 17716010, Recorder's Office, Franklin County, Ohio1
Thence S-5017'08"W, with the easterly line of said 17.940
aore traot and with the westerly line of said The Thomas Family
Limited Partnership (O.Ro 17716DI0), a distance of 50.17 feet to
a point,
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91~78123 March 31, 1992
DESCRIPT!oM OF 1.010 ACRES OF LAND (Cont'd)
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Thence westwardly parallel with and 50.00 feet southerly
from, .. ..asured at rIght angles, the centerline of said Tuller
Road, the following three (3) courses and distances:
1.) N-89024'51"W, a distance of 22.16 feet to a point,
2. ) S-80009'15"W, a distance of 121.95 feet to a point1
3.) N-86039'45"W, a distance of i35.19 feet to a point in
the westerly line of said 17.940 acre tract, the same being in
the easterly line of that 90000 acre tract of land described in
the deed to Schottensteih stores corporation, of record in
oftioial Record 17759H12, Recorder's Office, Franklin County,
Ohio,
Thence N-3025'38"E, with the weste~ly line of said 17.940
acre tract, with the easterly line of said. 9.000 acre tract and
with the easterly line of sa d 1.172 aore tract, a distance of
50.00 teet to the true point of beginning and containing 1.010
acres of land, more or less.
SUbjeot to all r!qhts-of-way, easements and restrictions,
if any, ot previous record. Also subject to all legal highways.
We hereby state that the foregoing description was prepared
from informat on obtained from actual field surveys conducted by
Bauer; Davidson & Merohant, Ino. in January of 1987 and in
September of 1988.
The bearings given in the foregoing description correspond
to the bearinq. given for the oenterlihe ot survey made by the
Ohio Department of Hiqhways for Interstate Route I-270
(FRA-270-10.33N).
BAUER, DAVIDSON & MERCHANT, INC.
consultin~. Engin~e~
By
No.
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;,,- "" ~ gXHIBIT "B"
91478128 March 31, 1992
DESCRIPTION OF A PROPOSED 0.202 ACRE
ROADWAY TEMPORARY CONSTRUcTION EASEMENT
LOCATED ON THE SOUTHE~LY SIDE OF
TULLER ROAD AND EAST OF RIVERSIDE DRIVE,
IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO
(THE THOMAS FAMILY WEST TRACT)
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 10.00
feet in width (0.202 aore area of land, more or less), said
0.202 acre area being in that 17.940 acre tract of land
described in the deed to The Thomas Family Limited Partnership,
of record in Official Record 17716D17, said 0.202 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 beinq of record in the
Recorder's Offioe, Franklin County, Ohio, said 0.202 acre area
of land being more particularly described as follows:
Beginning, for reference, at the centerline intersection of
Tuller Road and Tul1er 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
foint of beginning being in a northerly line of said Lot 3 and
n the northerly line of that 1.172 acr~ tract of land described
in the deed to The city of DUblin, of record in Official Record
12116H02, Recorder's Office, Franklin County, Ohi01 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 northeasterly ~orner of said
1.172 acre tract, thence S-3025'38"E, with the westerly line of
said 17.940 acre tract, with the easte~ly line of said 1.172
acre tract and with the easterly line of that 9.000 acre tract
of land described in the.deed to Schottenstein Stores
cOiroration, of record in Official Record 17759H12, Recorder's
Off oe, Franklin County, Ohio, a distance of 50.00 feet to the
true point of beginning,
Thence, from said true point of beginning, eastwardly,
parallel with and 50.00 feet southerly from, as measured at
right angles, the oenterline of said Tuller Road, the following
three (3) courses and distances:
1. ) S-86039'45"E, a distance of 735.19 feet to a point1
2. ) N-80009'15"E, a distance of 1~1.95 feet to a point1
3.) S-89024'51"E, a distance of 22.16 feet to a point in
the easterly line of said 17.940 acre tract, the same being in
the westerly line o.f the land described in the deed to The
Thomas Family Limited Partnership, of reoord in Official Record
17716DIO, Recorder's Office; Franklin criunty, Ohio,
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91478128 March 31, 1992
DESCRIPTION OF A PROPOSED 0.202 ACRE (Cont'd)
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Thence S-so17'08"W, with the easterly line of said 17.940
aore traot and with the westerly line Qf said The Thomas Family
Limited Partnership land, a distance of 10.03 feet to a point;
~~~" Thence westwardly parallel with and 60.00 feet southerly
~rom, as measured at right angles, the centerline of said Tuller
Road, the following three (3) courses and distances:
1. ) N-89024'51"W, a distance of 20.42 feet to a point,
2. ) S-80009'15"W, a distance of i22.20 feet to a point;
3.) N-86039'45"W, a distance of j36.36 feet to a point in
the westerly line of said 170940 acre tract, the same beinq in
the easterly line of said 9.000 acre tract:
Thence N-3025'38"E, with the west~rly line of said 17.940
acre traot and with the easterly line of said 9.000 acre tract,
a distanoe of 10000 feet to the true point of beginning and
beinq a 0.202 aore area of 1and, more or less.
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