056-92 Ordinance
. . RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NOon n5~-U. Passednmmnn n n nm nmn m m..19.mnn I
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE
INTEREST AND A TEMPORARY CONSTRUCTION
EASEMENT IN A 8.539 ACRE TRACT OWNED BY
r BANCOHIO NATIONAL BANK, 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 Thirty Thousand Ninety-two Dollars
($30,092.00), 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'____92__ Passed------n------- - n___ _________19___ ----
page Two
r Section 6. This ordinance is hereby declared to be an
( emergency necessary for the immediate preservation of the
...... public health, safety and welfare. The for such
reason
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 ~~ , 1992.
ATTEST:
~{1~ ~
Clerk of council
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~, I hereby ,:p.ft;fv ~hnf ro"ip'~ nf t~:, ()-<l'".,,,.,, 1~..~CI!.lf&R- were posted in the
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City of O'.IbPn 'n !]~cordance w ;h Se<t;on 731.25 of the otIio Revised Code.
~cz.. ~
Clerk of Council, Dublin, Ohio
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,'" EXHIBIT "AI'
~r:, ~ -~:", ' 91.78109 November 22, 1991
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DESCRIPTION OF A 0.120 ACRg AREA OF LAND
THE SOUTHERLY SIDE OF TULLER ROAD AND WEST OF TULLER
'~ RlOOB DRIVE, IN THB CITY OF DUBLIN, COUNTY OF FRANRLIN,
STATE OF OHIO,
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;,... (BANCOHIO TRACT)
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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 0.120 acre area of
.- land, more or less, said 0.120 acre area of land being in that
8.539 acre tract of land designated as TRACT 2 and described in
the deed to BancOhio National Bank, of record in Official Record
iii 15735D17, said 8.539 aore tract peing part of Lot '3 as the same
is numbered and delineated upon the recorded plat of the Lands
of Chaunoey MoGurer, of record in Plat ~ook 12, Page 21, both
being of reoord in the Recorder's Offic~, Franklin county, Ohio,
said 0.120 aore 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
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
12116"02, both beiny of record in the Recorder's Office,
Franklin County, Oh 0' thence S-3.26'45"W, 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 N-86.33'15"W, with the
southerly right-of-way line of said Tuller Road and with the
southerly line of said 1.112 acre tract, a distance of 54.44
feet to the true point of beginning at an angle point in the
boundary of said 8.539 aore tract, the 8ame being a point of
curvature in the right-of-boundary of said Tuller Ridge Drive,
Thence, from said true point of beginning, southeastwardly,
with a northeasterly line of said 8.539 acre tract and with a
southwesterly right-of-way line of said Tuller Ridge Drive, the
same being the aro of a ourve to the right having a radius of
25.00 feet, a central angle of 53.01'48" and a chord that bears
S-59.59'21"E, a chord distance of 22.36 feet to a point,
Thence N-86.33'15"W, parallel with and 50.00 feet southerly
from, as measured at right angles, the centerline of said Tuller
. Road, a distance of 527.10 feet to a point in the westerly line
of said 8.539 aore tract,
. Thence N-3.26'45"E, with the westeriy line of said 8.539
acre tract, a distance of 10.00 feet to a point at the
southwesterly corner of said 1.112 acre tract, the same being
. the southeasterly corner of that 0.331 a9re tract of land
described in the deed to The city of DUblin, of record in
Offioial Reoord 12166G1S, Recorder's ottioe, Franklin county,
-' Ohio,
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.,l.~,,";,. . . 91478109 Novelllber 22, 1991 ·
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DESCRIPTION OF A 0.120 ACRE AREA OF LAND (Cont'd)
Thence S-96.33'15"E, with the southerly line of said 1.172
acre tract, the same being parallel with and 40.00 feet
southerly from, as measured at right angles, the centerline of
said Tuller Road, a distance of 507.10 feet to the true point of
beginning and being a 0.120 acre area of land, more or less.
--- subjeot to all rights-ot-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 intormat on obtained from actual f~eld surveys conducted by
Bauer, Davidson & Merchan~, Inc. in January of 1997 and in
september of 1999.
The bearings given in the foregoinq 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).
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BAUER, DAVIDSON' MERCHANT, INC.
Consu t~ng Engineer
. ..' No. 69~2
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. EXHIBIT "B"
'.'" 9U78121 November 27, 1991
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DESCRIPTION OF A 0.122 ACRE ROADWAY
TEMPORARY CONSTRUCTION EASEMENT LOCATED ON
THI SOUTHERLY SIDI OF TULLER ROAD AND WEST OF TULLER
RIDGI DRIVE, IN tHE CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO
(BANCOHIO TRACT)
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 0.122 acre area of
land, more or less, said 0.122 acre area of land being in that
8.539 acre tract of land designated as ,TRACT 2 and described in
the deed to Bancohio National Bank, of record in Official Record
15735D17, said 8.539 acre tract being part of Lot 3 as the same
is numbered and delineated upon the re~orded plat of the Lands
of Chauncey McGurer; of record in Plat Book 12, Page 27, both
being of record in the Reoorder's Offioe, Franklin county, Ohio,
said 0.122 aore area ot land being mora particularly described
as followst
Beginning, for reference, at the oente~line 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 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
l2ll6H02, both being ot reoord in the R~oorder's Ottice,
Franklin County, Ohio, thence S-3'26'45"W, with the centerline
ot 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
ot said 1.172 acre tract, thence N-86'33'15"W, with the
southerly right-ot-way line of said Tuller Road and with the
southerly line of said 1.172 acre tract. a distance ot 54.44
feet to an angle point in the boundary of said 9.539 acre
tract, the same being a point of curvature in the right-of-way
boundary of said Tuller Ridge Drivel thence southeastwardly,
with a northeasterly line of said 9.539 aCre tract and with a
southwesterly right-of-way line of said Tuller Ridge Drive, the
same being the arc of a curve to the right having a radius of
25,00 feet, a central angle of 53'07'48" and a chord that bears
9-59'59'21"1, a chord distance of 22.36 feet to the true point
of beginning,
Thence, from said true point of beginning, southwardly,
with an easterly line of said 9.539 acre tract and with a
westerly right-ot-way line of said Tuller Ridge Drive, the same
being the arc of a curve to the right having a radius of 25.00
feet, a central angle ot 25'19'59" and a chord that bears
S-20'45'27"E, a chord distance of 10.96 feet to a point,
Thence N-96'33'15"W, parallel with and 60,00 feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 531.60 feet to a point in the westerly line
of said 9,539 acre tract,
Thence N-3'26'45"E, with the westerly line of said 8.539
acre tract, a distance of 10.00 feet to a point:
Thence S-96'33'15"E, parallel with ,and 50.00 feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 527,10 feet to the true point ot beginning
and being a 0,122 acre area of land, more or less.'
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