057-92 Ordinance
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~ RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.__ uu__~1_~'2_ Passed__unm__u_u__m---m ______. ______19_____ I
AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A
TEMPORARY CONSTRUCTION EASEMENT IN A 4 ACRE TRACT OWNED
r- BY HERBERT W. BASH, JR. , LOCATED ON THE SOUTH SIDE OF
TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY,
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l., 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.
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........ Section 2. Council hereby fixes the value of the interests
appropriated at Twelve Thousand Seven Hundred Eighteen Dollars
($12,718.00), 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, FOnD No. 30043
Ordinance No. __u__m51_~'2_ Passed__ - -- ~ - --- _____un_nu____ _nn__ __19_n____
page Two
,... section 6. This ordinance is hereby declared to be an
emergency necessary for the immediate preservation of the
L 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 or:dinance shall go into
immediate effect.
Passed this J.j~ day of ~ , 1992.
ATTEST:
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Clerk of Council
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..... I hereby ~erff\( t"nf I:o'l:e~ of \", Od "l"n'''~eSehlf9R were posted in the
City of D:.Jblrn in or.cordance w'th Secfon 731.25 of the Oftio Revised Code.
~a.~
Clerk of Council, Dublin, Ohio
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91478108 EXHIBIT "A" November 22, 1991
DESCRIPTION OF A 0.081 ACRE AREA OF LAND
LOCATED ON THE SOUTHERLY SIDE OF
TULLER ROAD AND EAST OF R~VERSIDE DRIVE,
IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO
(HERBERT W. BASH 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 0.081 acre area of
land, more or less, said 0.081 acre area of land being in that
traot.ot land~de8ignated' as PARCEL 4 and described in the deed
to Hribel~t~w~~.Ba8h'~rJf"(l of record in Official Record 15620F09,
said'PARCEL 4 being part of Lot 3 as the same is numbered and
delineated upon the recorded plat of th~ Lands of Chauncey
HcGurer, of record in Plat Book 12, pag_ 27, both being of
record in the Recorder's Office, Franklin County, Ohio, said
0.081 aore area of land beinq more particularly described as
follows:
Beqinning, for reference, at the centerline intersection of
Tuller Road and Riverside Drive; 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 that 0.331 acre tract of
land described in the deed to The city of Dqblin, of record in
Official Record l2l16G18, Recorder's Office, Fran~lin County,
Ohio, a distance of 50.21 feet to a poifit; thence S-9'22'42"W,
parallel with and 50.00 feet easterly from, as measured at right
angles; the oenterline of said Riverside Drive, a distance of
40.22 feet to the true point of beginning;
Thence, from said true point of beginning, S-86'33'15"E,
with the southerly line of said 0.331 acre tract and parallel
with and 40,00 feet southerly from, as measured at right angles,
the centerline of said Tuller Road, a dIstance of 353.89 feet to
a point in the westerly line of that 8.539 acre tract of land
designated as Tract 2 and described in ~xhibit "B" of the deed
to Bankohio National Bank; of record in Official Record
15735D1', Recorder's Office, Franklin County, Ohio:
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Thence S-3'26.~5"W, with the weste~ly line of said Tract 2,
a distance of 10.00 feet to a point;
Thence N-86.33115"W, parallel with and 50,00 feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 354.93 feet to a point;
Thence N-9'22'42"E, parallel with and 50.00 feet easterly
from, as measured at right angles, the centerline of said
RiversIde Drive, a distance of 10.05 feet to the true point of
L beq i nn inq end be!nq eO. 081 ecre erea 0 f. land, more or 1 es s .
II Subject to all rightS-of-way, easements and restrictions,
if any, of previous record. Also subject to all legal highways.
iI Wa hereby state tbet the foreqoinq description wes prepared
from information obtained from actual field surveys conducted by
I 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^ ot Highways tor Interstate Route 1-270
(FRA-270-10.33N).
. ""\ r"'j~":: BAUER, DAVIDSON & MERCHANT, INC.
.r;, ~I'oIl: Consu t~g Engineers
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^lr;,,;, .'\> '/ . 91478113 EXHIBIT "B" November 22, 1991
DESCRIPTION OF A PROPOSED.0.082 ACRE ROADWAY
TEMPORARY CONSTRUCTIOh 'EASEMENT f
. . . .,
LOCATED ON THE SOUTHERLY SIDE OF
TULLER ROAD AND EAST OF ~IVERSIDE DRIVE,
IN THE CITY OF DUBLIN, COUN~Y OF FRANRLIN,
STATE or OHIO
0,
., ':'f'" , (HERBERT W. BASH TRACT)
~t~'~'; "
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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 strip of land ten
feet in width (0.082 acre area of landl more or less), said
0.082 acre area of land being in that tract of land designated
as PARCEL 4 and described in the deed to Herbert W. Bash, Jr.'
of record in Official Record 15620F09, said PARCEL 4 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 0.092 acre area of land
being more particularly described as follows:
Beginning, for reference, at the centerline intersection of
Tuller Road and Riverside Drive; thenee S-a6.33'15"E, with the
centerline of said Tuller Road, with a, northerly line of said
Lot 3 and with the northerly line of that 0.331 acre tract of
land described in the deed to The city,of Dublin, of record in
Offioial Record 12116G18, Recorder's Office, Franklin County,
Ohio, a distance of 50.27 feet to a point; thence S-9.22'42"W,
parallel with and 50.00 feet easterly from, as measured at right
angles, the centerline of said Riverside Drive, a dlstance of
50.27 feet tQ the true point of beginning,
Thence, from said true point of beginning, S-86.33'15"E,
parallel with and 50.00 feet southerly from, as measured at
right angles, the centerline of said TUller Road, a distance of
354.93 feet to a point in the westerly ,line of that 8.539 acre
tract of land designated as Tract 2 and described in Exhibit "8"
of the deed to BankOhio National Bank, of record in Official
Reoord 15735017, Recorder's Office, Franklin County, Ohlo;
Thence S-3'26'45"W, with the west~rly line of said Tract 2,
a distance of 10.00 feet to a point,
Thence N-86.33'15"W, parallel witH and 60.00 feet southerly
from, as measured at right angles, the centerline of said Tuller
Road, a distance of 355.97 feet to a point,
Thence N-9.22~42"E, parallel with and 50.00 feet easterly
from, as measured at right angles, the centerline of said
Riverside Drive, a distance of 10.05 feet to the true point of
beginning and being a 0.Oa2 acre area of land, more or less.
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