Granville Community Calendar

Ordinance 22-1986

BY:
AN ORDINANCE ACCEPTING A PETITION FOR DETACHMENT OF TERRITORY
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO:
Section I: That the application of Charles Wagner, and
others, being a majority of the freehold electors
owning land in the lands described below, for the
detachment from the Village of Granville of the
following described real estate, to wit:
Situated in the County of Licking, State of Ohio,
Village of Granville, and more· particularly described
as follows:
Being part of that part of the Village of Granville,
Ohio, that abuts within said Village the roadways of
Beechwood Drive and Thornewood Drive. Specifically,
being the following: Lots situated in Thornewood
Addition, Village of Granville as described in Volume
5, page 133, Plat Records, Licking County, Ohio, to
Wit:
Lots 19, 18, 17, 16, 15, 14, 13, 12, 20, 21, 22, 23, 25,
26 of said addition along with the property described
as the "Reserve" on said plat,
As well as, the entire roadways of Thornewood Drive and
Beechwood Drive as shown on said plat, which said
roads extend from Broadway to Burg Street in said
Village (A map of said property marked in red is
attached hereto and incorporated herein as Exhibit"A"),
be, and the same hereby is, accepted and approved.
Section II: That the petition requesting said detachment, a
copy of which is attached hereto, be marked
Exhibit "B",and made a part hereof.
Section III: This ordinance is declared to be an emergency
measure necessary for the immediate preservation
of the public peace, safety, health, morals and
welfare of this Village, and for the further
reason that the immediate detachment is necessary
to facilitate the reconstruction of the roadways
in the detached area; and provided this ordinance
receives the affirmative vote of five members
elected or appointed to council, it shall be in
full force and effect on the earliest date
permitted by the Charter of this Village.
Passed this 1Fi.3 day of -
/ ,
1 11M* t>1986. f f /\ 1< .
Clerk of Council
Approved as to form:
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Law Director
I, Catherine M. Miller, Clerk of Council of the Village of Granville, Ohio, do
do hereby certify that the foregoing ordinance is a true and exact copy of
Ordinance No. 22-86, passed the 17th day of September 1986, by Village Council.
Catherine M. Miller, Clerk of Council
ORDINANCE NO. 22-86
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PETITION FOR DETACHMENT 1 42 +h
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OF LANDS FROM THE VILLAGE OF GRANVILLE, OHI 4
undersigned, individuals, pursuant to the authority
in Section 709.38 of the Ohio Revised Code, state as
The
contained
follows:
1. Due to the present developments relating to the
improving of Thornewood and Beechwood Drives located in the
Village of Granville, Licking County, Ohio, and, now, being
private roads and for other good reasonsAdesire to physically
detach themselves from the said Village of Granville;
2. The lands which the petitioners desire to have detached
are described as follows:
Situated in the County of Licking, State
Village of Granville, and more particularly
as follows:
of Ohio,
described
Being part of that part of the Village of Granville,
Ohio, that abuts within said Village the roadways of
Beechwood Drive and Thornewood Drive. Specifically,
being the following: Lots situated in Thornewood
Addition, Village of Granville as described in Volume
5, page 133, Plat Records, Licking County, Ohio, to
Wit:
1, 9-ts 19, 18, 17, 16, 15, 14, 13, 12, 2.0, 21, 22, 23,
db) 26 of said addition along with the property
aescribed as the "Reserve" on said plat.
As well as, the entire roadways of Thornewood Drive and
Beechwood Drive as shown on said plat, which said
roadways extend from Broadway to Bur Street in said
Village.
A copy of said property marked in red is attached
hereto and incorporated herein as Exhibit "A".
3. The undersigned constitute property owners and freehold
electors owning land in the above described portion of the
Village of Granville.
4. The undersigned individuals hereby wish to express their
desire to have the land owned by each of them now located within
the boundaries of the' Village of Granville, Ohio, to be detached
from said Village and become a part of the Township of Granville,
Licking County, Ohio.
WHEREFORE, the undersigned individuals respectfully submit
their petition and prayer to the Village of Granville, and to the
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Board of Commissioners, Licking County, Ohib, to have the above
described property detached from the Village of Granville, Ohio,
and to have said property become a part of the Township of
Granville, Licking County, Ohio, which said township is
contiguous to said property. The aforesaid Petition for
Detachment is presented to the said Board of County Commissioners
pursuant to Sections 709. 38 and 709.39 of the Ohio Revised Code.
DATED: August 4, 1986
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This Agreement made and concluded at Granville, Ohio, effective this /7 day
of .f*+ 64*Scr , 1986 by and between the Village of Granville, Ohio, an Ohio
Municipal Corporation and the BeechwoodT/hornewood Association, an unincorporated
association, consisting of Julius W. Blum, Carolyn A. Blum, Kennard B. Bork,
Katherine 0. Bork, William H. Overholser, Theresa S. Overholser, Charles Wagner,
Audrey J. Wagner, William H. Scheer, Robert F. Sylvester, Jr., Phyllis E.
Sylvester, Priscilla Ballard-Pfalzer, Jean-Claude Pollet, Linda B. Pollet, Beverly
A. Handel, Harry Winter, Nancy-B/K-arlsberger, H. Jack Donald, Hazel B. Donald,
Edward Erle Richards, III, Sheila A. Richards, Mark A. Schuetz and Veronica B.
Schuetz, said members signing this Agreement as members of said Association and
individually.
WITNESSETH:,THAT:
WHEREAS, the Village had previously passed legislation to improve Beechwood
and Thornewood Drives by levying assessments against the property owners; and
WHEREAS, the members of the Association have filed two lawsuits to halt the
levying of said assessments, said suits being pending in Common Pleas Court of
Licking County, Ohio as cases numbered 84-L-78458 and 84-L-78504; and
WHEREAS, the Village has rescinded the assessments and has passed legislation
to vacate Beechwood and Thornewood Drives; and
WHEREAS, said parties have agreed to compromise and adjust all of said
controversies and differences, the initial steps of which compromise require the
vacation, the payment by the Village to the Association or its designee of the sum
of Twenty Five Thousand Dollars (2$5, 000. 00) and the dismissal of the lawsuits;
NOW, THEREFORE, in consideration of said Agreement, of the payment of said sum
of Twenty Five Thousand Dollars (2$5, 000.00)t,he passage of the vacation ordinance
and the dismissal of the lawsuits, the receipt and adequacy of which consideration
is mutually acknowledged, each of the parties hereto does hereby release and
forever discharge the other, their respective heirs, executors, administrators,
successors and assigns from any and all claims, demands, damages, actions and
cailses of action whatsoever, past, present and future, arising out of the
condition, maintenance, construction and reconstruction of the roadways known as
Beechwood and Thornewood Drives.
IN WITNESS WHEREOF, the parties have hereunto set their hand on the dates
opposite their signature, below:.
SIGNED IN; THE PRESENCE OF: : THE VILLAGE OF GRANVILLE, OHIO,
an Oh' Mu 'cipal rpor ion
as. to 1
· .a's.t.o l BY: 14#-._a&t'e »
MUTUAL RELEASE OF ALL CLAIMS AND DEMANDS
as to
as to
as to
as to
as to
as to
as to
as to
BEECHWOODT/HORNEWOODS S* OCIATION
Date
r--D-ate 1--3-80
Jilius W. Blum, ind,j,d*Bl#y} Lib 1 S - k l, t»til9**8Larclyn. Blum, inlividually7 0- -/-/ (-
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54IL*t- /<f/C2,t*, DateA, /5* lennard B. lo)rkd individually
7211*E, S-wa 5 ( -16=k-D+ate /1 9/6
Katherine 0. Bork, indiyidually
42, 11 A*l€Adu,D/ ate67 ** William H. Overholser, individually
vwMAA- <
fdo4£4A(XLLA«Date8 *»
Theresa S. Overholser, individually
44 '0 Date3 #06 9 Charles Wagner, dndividually
0*49.wDa-teSjggo, Audrey J. gn(e*r,11 individually
9U/ jtu9k4 j_ollur Date 51-
11
Willi*14 H. Scheer,L.ividually f / 9 W' S.G: 4k3146N( 9L-V-;D_ate _ll_12 RobarksF-''.Sylvesteriln.d*iv.,idually On 4. C 9'
M1.2' 40 A j D )a*te11-3 -
phqgs E. Sy]'er, individuiakll 4 1 -iii 1-Mh- A>1 1AU -Ptdie,1.1-1. 46(
Priscilla Ballard- Pfal2ef, individually
FICaA-ot.A WI:2 Date 113-615
Jp*C-laudeED«1· e'C *d,ividually ily .
Linda- B. polfet, individually
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La*le17 - Beverly ·A. Hld#el, individually
Aolt«j)G/ILL Date 11118
Harry Wfnter, individually
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Date 1119
Nancy B. a*rlsberger, Shdividually -
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941420 Hpfrack Donald, individually ' /'*
54*916AbialL,jn/i Hazel K Donald individually r-7-»
Elif_ Edwar r e Richar ,
Sheila A. Richard ,
Date&88422
I, individually
ateW<- 44
individually P
Date624
Mark A. Schuetz, ddividually
VA 'r... ¢. 5.Sctxt Date
Veronica B. Schuetz,JIndividual
BY: 2
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