055-92 Ordinance
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y ORDINANCES
~ RECORD OF
Dayton Legal Blank Co. Form No. 30043
Ordinance NO._n_.____~~_~,_~_ Passed----n---- n__ n. n_n_n__._.___.n_ .__19 ----.-
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
r EASEMENT IN A 9 ACRE TRACT OWNED BY
SCHOTTENSTEIN STORES CORPORATION, A/K/A
...., SCHOTTENSTEIN MANAGEMENT COMPANY, 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, / 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
t 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 Thirty-eight Thousand Eight Hundred Fifty-four
Dollars ($38,854.00) , 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
r 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.s_~9_2_ Passed__n______oo____ ...,___.00__________19_._.. \-
Page Two
,..... section 6. This ordinance is hereby declared to be
'\ an
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 L/~~ day of ~/ , 1992.
ATTEST:
~~~ {! ('~
Clerk of council
,,-.
l I hereby certify that COIl;es of th;s Ord:nance/Res6luliun were posted in the
.... Oty of Dublin in accordance w;th Section 731.25 of the OIlio Revised Code.
()/}/1/V1A-C!' (Vf~~
Clerk of Council, Dublin, Ohio
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91479107 EXHIBIIT "A" November 22, 1991
DESCRIPTION OF A 0.155 ACRE AREA OF LAND. I'
LOCATED ON THE SOUTHERLY SIDE OF TULLER
ROAD AND EAST OF TULLER RIDGE DRIVE, , I
IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF onIO ,
(SCHOTTENSTEIN TRAcT~ ;
situated in the state of Ohio, county of Franklin, city of t
_v Dublin, being in Quarter Township 2, Township 2 North, Range 19 t
West, united states Military Lands, being a 0.155 acre area of III
, ,
land, more or less, said 0.155 acre area of land being in that
9.000 ,cre trect of lend deecribed in the deed to pchottensteiri :
'stores corporation, of record in Official Record 177591112, sard "
. 9.000 acre tract being part of Lot 3 as the same is numbered and I
delineated upon the recorded plat of the Lands of Chauncey
McGurer, ot record in Plat Book 12, Page 27, both being of
record in the Recorder's otfice, Franklin ,county, Ohio, said
0.155 acre area of land being 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 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
12116n02, both being of record in the Recorder's Office,
Franklin County, Ohio; thence S-3.26'45'iW, with the centerline
of said Tuller Ridge Drive, crossing said 1.172 acre tract, a
distance of 40.00 feet to a point in the southerly right-of-way
line of said Tuller Road, the same being in the southerly line
of said 1.172 acre tract; thence S-96.3j'15"E, with the
southerly right-ot-way line of said Tuller Road and with the
southerly line of said 1.172 acre tract, a distance of 55.70
feet to the true point of beginning at an angle point in the
boundary of said 9.000 acre tract;
I Thence, from said true point of beginning, S-96.33'15"E,
with the southerly line of said 1.172 acre tract and with the
northerly line of said 9.000 acre tract, the same being parallel
I with and 40.00 feet southerly from, as measured at right angles,
the centerline of said Tuller Road, a distance of 660.10 feet to
a point at the northeasterly corner of said 9.000 acre tract,
I the same ~ing the southeasterly corner of said 1.172 acre
tract, said point also being in the westerly line of that 17.940
acre tract of land described in the deeds to The Thomas Family
I Limited partnership, of record in Official Record 17716D16,
Recorder's Office, Franklin county, Ohior
Thence S-3.25'38"W, with the easterly line of said 9.000
I acre tract and with the westerly line of said 17.940 acre tract,
a distance of 10.00 feet to a point;
I Thence N-86033'15"W, parallel with and 50.00 feet southerly
from, as measured at right angles, the centerline of said Tuller
1",,,.,,, Road, a distance of 690.10 feet to a point in a curve in a
I'~ northwesterly lIne of said 90000 acre tract, the same being in a
southeasterlY right-of-way line of said Tuller Ridge Roadr
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, i ,,;I;,~ ,.. i 91478107 November 22, 1991
DESCRIPTION OF A 0.155 ACRE AREA OF LAND (Cont'd)
Thence northeastwardly, with a northwesterly line of said
9.000 acre tract and with a southeasterly right-of-way line of
said Tuller Ridge Road, the same being the arc of a curve to the
right having a radius of 25.00 feet, a central angle of
53.07'49" and a chord that bears N-66-52'51"E a chord distance
of 22.36 feet to the true point of beginning and being a 0.155
acre area of land, more or less.
~ subject to all rights-of-way, easements and restrictions,
~ if Any, of previoue record. Aleo eubject to All legAl highwaye.
We hereb! 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 bearing- given for the oenter1ine of survey made by the
ohio Department of Highways for Interstate Route I-270
(FRA-270-10.J3N).
DAVIDSON' MERCHANT, INC.
ing Engineers
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Surveyor No. 6942
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EXHIBIT "B" November 27, 1991
91479122
DESCRI)?TI()N. q~, ~,.0!,1~1,~~~~ADWAY
TBMPORAR~\';C<:?t'~TitP.~~O~:.:'~~~S.,.. ....' LOCATED
..,. ON TilE SOUTHERLY SIDEPF' TULLER
RoAD AND EAST OF TULLER RIDGE DRIVE,
IN THE CITY OF DUBLIN, COUNTY OF FRANRLIN,
STATE OF OHIO
;
(SCHOTTENSTEIN T~CT)
1IfI'M~~h, TEMPORARY CONSTRUCTION EASEMENT
Situsted in the State of Ohio, county of Frsnklin, city of
Dublin, being in Quarter Township 2, To~nship 2 North, Range 19
West, united ststes Military Lands, being s 0.157 aore area of
lsnd, more or less, ssid 0.157 aore srea of 1snd being. in that
9.000 aore tract of land described in the deed to Schottensteinl
stores corporationf, of record in Offioiiil Record 177591112, said'
9.000 acre tract being 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
0.157 scre area of lsnd being more psrticularly described as
followst
Beginning, for reference, st the centerline intersection of
Tuller Rosd snd Tuller Ridge Drive as t~e same is designated and
delineated upon the recorded plat of Tuller Ridge Drive and
Easements, of reoord 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
12116H02, both being of record in the Re,corder's Office,
~ Franklin county, Ohio, thence S-J.26'45"W, with the centerline
of said Tuller Ridge Drive, crossing said 1.172 acre tract, a
distsnce of 40.00 feet to a point in the southerly right-of-way
line of said Tuller Road, the same bein~ in the southerly line
of said 1.172 acre tract, thence S-96033'15"E, with the
southerly right-of-way line of said Tuller Road and with the
southerly line of said 1.172 acre tract, a distance of 55.70
I feet to an angle point in the boundary of said 9.000 acre tract7
thence southwestwardly, with a northwesterly line of said 9.00
acre tact and with a southeasterly right-ot-way line of said
Tuller Ridge Drive, the ssme being the arc of a curve to left
I having a radius of 25000 feet, a central angle ot 53.07'49" and
a chord that bears S-66.52'51"W, a ohord distance of 22.36 feet
to the tr~e point of beginning,
I Thence, from said true point of beginning, S-86.33'15"E,
psrallel with and 50.00 feet southerly from, as measured at
right angles, the centerline of said Tuller Road, a distance of
I 690.10 feet to a point in the easterly line of said 9.000 acre
tract, the same being in the westerly line of that 17.940 acre
tract of land described in the deed to The Thomas Family Limited
I Partnership, of record in Official Record 17716016, Recorder's
Office, Franklin County, ohio,
Thence S-3025'39"W, with the easterly line of said 9.000
I acre tract and with the westerly line of said 17.940 acre tract,
a distsnce of 10.00 feet to a point,
~. Thence N-86033'15"W, parallel with and 60.00 feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 684.60 feet to a point in a curve in a
I northwesterly line of said 90000 acre tract, the same being in a
southeasterly right-of-way line of said Tuller Ridge Road,
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91479122 November 27, 1991
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DESCRIPTION OF A 0.157 ACRE AREA OF LAND (Cont'd) .
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Thence northeastwardly, with a northwesterly line of said
9.000 acre tract and with a southeasterly right-of-way line of
said Tuller Ridge Road, the same being the aro of a curve to the ;
right having a radius of 25.00 feet, a central angle of
pjl-,uo.!"'~ 25'19'59" and a chord that bears N-27'30'57"W a chord distanoe
of 10,96 feet to the true point of beginning and being a 0.151
aore area at lahd; more or lesg.
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