Granville Community Calendar

Ordinance 32-1994

By: 3hVn/,an
AN ORDINANCE AUTHORIZING THE ANNEXATION OF
CONTIGUOUS TERRITORY, DIRECTING THE DIRECTOR OF
LAW TO SUBMIT A PErITION RELATIVE THERETO AND
DECLARING AN EMERGENCY.
WHEREAS, Ohio Revised Code Section 709.14 provides for the
authorization for annexation of contiguous territory by a vote of not less
than a majority of the members of Council; and,
WHEREAS, the Village Council of Granville, Ohio has determined it to
be in the best interest of the citizens of Granville, Ohio to pursue such
annexation;
that:
NOW.THEREFORE, be it ordained by the Council of Granville. Ohio
Section I: The annexation of certain contiguous territory more fully
described in EXHIBIT -A"attached hereto and made a part
hereof is hereby authorized:
Section II: The Director of Law is hereby directed to submit to the Licking
County Board of County Commissioners a PETITION requesting
the annexation of this territory setting forth in such petition
that Village Council of Granville, Ohio has authorized such
petition by ordinance and further setting forth in such petition
an accurate description of the territory with accompanying map
as described in EXHIBIT "A"to this Ordinance.
Section III: This Ordinance is hereby declared to be an emergency
necessary for the immediate preservation of the public peace,
safety, health, morals, or welfare of the citizens of Granville,
Ohio. This ordinance shall take effect immediately upon
passage.
Passed this
Attest:
Ist
UXLk ,.1 <DDO Clerk of Council '
Approve as to F :
day of
0 ..7 1 //*.
LawH,irector
j\ove(rnkr
Criifl-iSEIti/'Ii'
Mayor 7
1994.
ORDINANCE NO. 32-94
EXHIBIT A
ORDINANCE NO. 32-94
Pursuant to Ordinance No. 32-94 the Village Council for the Village
of Granville, Ohio has determined to pursue the annexation of certain
contiguous territory as set forth herein.The Village Council has further,
pursuant to Ohio Revised Code Section 709.14, directed its Director of
Law to prosecute those proceedings necessary to effect the proposed
annexation.A map or plat of the territory to be annexed is attached to
this petition as EXHIBIT "A". The territory to be annexed is described as
follows:
1.
That parcel as recorded and described in volume 487, commencing on
page 3.known as the Richard L. Showman and Esther Showman
property.
Situated in the State of Ohio, County of Licking and in the Township of
Granville.
Being sixty (60)acres of land in Range 13,Township 2 and Section
4, of the United States Military Lands,and being part of lot number five
5)in the second range of lots as surveyed by the Licking Land Company
so-called)to be taken off the south end of said lot number five (5)at
right angles and by parallel lines. Excepting, however, from said tract
nine (9)acres thereof south of the Cherry Valley Road,conveyed by John
0. Mallory and wife to Oliver B. Kline,by deed dated October 27, 1891,
and recorded in Volume 149 of deeds, page 541, recorder's office, Licking
Counly, Ohio, reference to which is made.
Being the same premises conveyed to John A Showman and
Elizabeth D. Showman by Charles W.Miller, as Administrator of the
Estate ofJohn 0. Mallory, deceased, by deed dated March 9, 1911,
recorded in Volume 216, page 143, and by Mary Ann Hughes and George
Hughes, by deed dated March 18, 1911, recorded in Volume 216,page 215, of the deed records of Licking County, Ohio.
Excepting twenty and 80/100 (20.80)acres of real estate, more or
less, which was conveyed by the grantors herein to Richard L. Showman,
by deed dated October 31, 1947 and recorded in Volume 156, 398 at page of the Deed Records of Licking County,Ohio,which excepted part is described as follows:--
Situated in the State of Ohio, County of Licking and in the
Township of Granville, and being a part of Lot. No. 4, in Quarter
Township 4.Township 2, and Range 13.
Commencing at the Southwest corner of the land conveyed to
Wesley W.Showman by John A.Showman,by deed dated January 24,
1934 and recorded in Vol. 309, at page 108,which point of beginning is also the center of Licking County Road No. 131; thence east along the
center of said County Road 756 feet: thence north 1283 feet to an iron stake: thence northwest along an existing fence 741 feet to a point where lsaanidd.fence joins the west boundary line of said above meritioned tract of
Being in Range Thirteen (13)T,ownship Two 2( )S,ection Four 4( )of the United Sates Militaiy Lands and being that part of Lot Number Nine 9)in the Third Range of lots of the Licking Land Company which lies south of the Newark and Granville Road and being more particularly described as follows:
Being a strip of land forty 4( 0)feet in width running east and west off the south side of lot number fiftyt-hree 5( 3)and a strip of land forty 40)feet in width running east and west off the north side of lot number
fifty-four (54)in the Minnie B. Jones Subdivision known as Jonesville,as
the same are described and delineated upon the plat of said subdivision,
recorded in Volume 3, page 62, of the Plat Records in the Office of the
Recorder of Licking County, Ohio.
Being the same real estate conveyed by Ralph Kennard and Sylvia
Jean Kennard, husband and wife, to David W.Smith and Mary Ann
Smith by deed dated December 10, 1954, and recorded in Volume 465,
page 596 of the Deed Records in the Office of the Recorder of Licking
County, Ohio.
2.
That parcel as recorded and described in volume 737, commencing on
page 81, known as the Richard Errol Freeman and Lelia Mallas Freeman
property.
Situated in the State of Ohio,County of Licking and in the Township of
Granville and being part of Lot 2 in Township 2, Range 13 of the U.S.M.
Lands and bounded and described as follows:
Beginning at a point in the intersection of the centerline of Township
Road 131 and the easterly line of said Lot 2; thence North 83° 15'West,
passing along the centerline ofTownship Road 131, 122.64 feet to a
point, said point being the true place of beginning for the following
described parcel of land: thence North 83° 15'West, passing along the
centerline ofTownship Road 131, 270.00 feet to a point; thence North
5°52'East, passing an iron pin at 30.00 feet and passing another iron
pin at 536.66 feet, a total distance of 686.66 feet to an iron pin: thence
South 82°22'32"East, 394.67 feet to an iron pin; thence South 6°38'36"
West, passing along the easterly line of said Lot 2 and passing along the
westerly corporation line of the City of Newark 150.00 feet to an iron pin
thence North 80°25'44"West,passing along the northerly line of the R.
Freeman property (deed reference,Volume 690 at page 68 of the Deed
Records of Licking County.Ohio),122.74 feet to an iron pin; thence
South 5°52'West,passing along the westerly line of said Freeman
property and passing an iron pin at 505.44 feet,a total distance of
536.66 feet to a point, said point being the true place of beginning.
Containing 4.66 acres, more or less.
The above description prepared by Alvin R. Jobes, Registered Surveyor
No. 5006, dated August 4, 1975.
SUBJECT to any and all easements, rights of way, condition and
restrictions of record, all legal highways, zoning ordinances, rules and regulations.
Being a part of the same premises conveyed to Oakhaven Development
Corporation by deed recorded in Volume 718 at page 1133 of the Deed Records of Licking County, Ohio.
SUBJECT,further to the following:
1. Grantor reserves the right to extend the water line along Road Township 131 of the property contemplated to be owned by Grantee tot he property owned by Oakhaven Development Corporation with no fee for easennent.
2. Grantee agrees not to rezone subJect property without approval of the Grantor for a period not to exceed ten (10)years.
3. Grantee agrees not to subdivide his property without prior approval of
the Grantor for a period not to exceed ten (10)years. Said approval not to
be unreasonably withheld but to be viewed with the compatibility of the
adjacent properties.
4. These restrictions shall run with the land and be binding upon the
Grantee, his heirs and assigns.
3.
That parcel as recorded and described in volume 819, commencing on
page 877,known as the Gebhard W.Kent, Sr. property.
Situated in the 4th Quarter, 2nd Township, 13th Range of the United
States Military Lands and being a part of Lot 5 in the 2nd Range of lots
surveyed by the Licking Land Company,Granville Township, Licking
County,Ohio and bounded and more particularly described as follows:
For a starting reference: Commence with an iron pin in the centerline of
Clouse Lane (found)the northwesterly corner of lands (Helen L. Davis)
described in D.B. 571, page 57, then with the middle of Clouse Lane S.
06 deg. 38'00"W. 185.24 feet to a 1/2 inch pipe set on S.R. 16 and S.R.
161 Limited access right ofway at 160.72 feet left of centerline station
183 plus 47.00; then with the said Limited Access Right of Way and
projecting the same go S. 85 deg. 47'00"W.225.70 feet to a concrete nail
set in the former railroad centerline (now a blacktop pathway), then with
the centerline thereof go S. 47 deg. 27'58"E. 455.47 feet to a concrete
nail: then S. 48 deg. 19'28"E. 291.32 feet to a point in the centerline of a
concrete pier to an existing railroad bridge and the middle of bridge, said
point on the southeasterly line of Helen L. Davis: then with her
southeasterly boundary go (leaving the bridge)S. 56 deg. 05'58"W.41.33
feet to a non accessible point in Raccoon Fork Creek waters and being
the true point of beginning:Thence with the southwesterly right of line to aforesaid railway way property (former)go S. 47 deg. 34'36"E. 130.80
feet to a 12/ inch diameter pipe set; also a steel fence post and also a wood corner fence post:being the northwesterly corner to 185.776 acres conveyed to Gebhard Keny recorded in D.B. 656, page 638, being also
the common line between Licking Land Company original lots #4 and #5;
thence following the westerly boundary to Gebhard Keny (line of Lots 4
and 5)go with the average alignment of a wire fence, S. 06 deg. 57'48"W.
a total distance of 1,742.17 feet to a 1/2 inch diameter pipe set in the
base of a leaning wood corner fence post at a fence junction,being the
northeasterly corner of 60 acres described in D.B. 487 page 3, R(ichard
L. Showman and Ester Showman, owners); thence wit a wire fence and
common line to aforesaid Showmans, go N. 81 deg. 32'37"W.a total
distance of 1,122.40 feet to a hewed wood corner post at the junction of
four 4( )wire fences;b (oundary between lots 5 and 6)t:hence following
the boundary between lots 5 and 6 and in part marked with a wire fence,
toN0.7.deg0.5.'45"E. p(assing a 36 inch diameter oak tree and fence
junctions at 775.36 feet)a total distance of 1,153.10 feet to a point on the south bank of Raccoon Creek or Raccoon Fork Creek,being the probable southwesterly corner to Helen L. Davis, thence,with a line decided by this surveyor to be the intended southerly line ofHelen L. Davis n(o field evidence)go up a hillside N. 83 deg.29'22"E e(qual to 22 rods and 12 links)a total distance of 370.92 feet to a 12/inch diameter pipe in an angle of an existing wire fence (old fence down); thence following along said wire fence evidence N. 59 deg. 42'42"E. a(nd the definite line of a wood cut tree limiO a distance of 167.48 feet to a 12/ inch diameter iron pipe set at the crest of a bank and in a cleared path area at the upper edge of Raccoon Fork Creek bank and at the top of a
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borrow pit'embankment; thence, running directly to the middle pier of
aforesaid railway bridge, go N. 56 deg. 05'58"E. 685.99 feet to the
beginning: t h( e last course if projected on through to the middle of said
bridge pier it would be 727.33 feet);
Containing in actual (horizontal plane)37.196 acres, no residue: The
basis of the bearings was adapted to the centerline of survey recorded in
Plat Book 7, Page 118,wherein it shows Clous Lane to be S. 06 deg.
38'00"W.and in Helen L. Davis title the same course was called for as
NORTH.
Subject to any and all easements, rights of way,conditions and
restrictions of record,all legal highways, zoning ordinances, rules and
regulations.
Being the dame premises conveyed to the grantors herein by different
description by deed recorded in Volume 715, page 165, of the Deed
Records of Licking County, Ohio. See also Volume 786, page 1, of the
Deed Records of Licking County. Ohio.
4.
That parcel as recorded and described in volume 4, commencing on page
759, known as the Gebhard W.Keny property.
Being part of Lot 2 in the 4th Quarter ofTownship 2 and Range 13 of the
United States Military Lands and further bounded and described as
follows:
Beginning at a point at the intersection of the centerline of Township
Road 131 and the westerly line of said Lot 2; thence North 6 deg. 30'12"
East, passing along the said westerly line of Lot 2 and the easterly line of
the G. W.Keny property (deed reference,Volume 656, page 638, of the
Deed Records of Licking County.Ohio).1354.10 feet to a point and the
true place of beginning for the following described parcel of land:
Thence North 6 deg. 21' 00"East, continuing along said westerly line of
Lot 2 and the easterly line of the Keny property, 1826.71 feet to an iron pin; thence passing along the southerly right of way line of the T. &0. C.
Railroad, said right of way line being referenced by a long chord bearing
South 43 deg. 17'57"East, 2,072.89 feet to an iron pin: thence South 6
deg. 38'36"West, passing along the easterly line of said Lot 2, 1,169.14
feet to a point; thence North 82 deg. 22'32"West, 394.67 feet to a point:
thence South 5 deg. 52'West 686.66 feet to a point in the said centerline
ofTownship Road 131; thence North 5 deg. 52'East 1,354.25 feet to a point: thence 83 deg. 15'West,passing along the said centerline of
Township Road 131, 200.00 feet to a point; thence North 83 deg. 15'
West,973.54 feet to the true place ofbeginning: Containing 58.08 acres, more or less.
Being the same premises described by a different description conveyed to T.David Price,Trustee by deed recorded in Volume 793 at page 1 of the Deed Records of Licking County.Ohio.
The above description prepared by Alvin R. Jobes,Registered Surveyor 5006, November 12, 1979.
RLaesctoTrdraenr'sfer: Deed Record Volume 799, page 516, Licking County,Ohio s Office.
5.
That parcel as recorded and described in Volume 716, commencing on
page 617,known as the Ronald G.Vanatta property.
Being in the fourth (4th)quarter of the second (2nd)township, in the
thirteenth (13th)range, of the United States Military Tract, and being all
of that part of lots numbered two (2),three (3)and four (4)in the second
2nd)range of lots as surveyed by the Licking Land Company that lies
north of the center of the track of the Toledo and Ohio Central Railway.
Being a part of the same premises conveyed by David R.Thomas and
Bertha Thomas,his wife.to Gail Baker by deed dated April 10, 1917 and
recorded in Volume 236 at page 321 of the Deed Records in the office of
the Recorder of Licking County,Ohio.
Reference is also made to Certificate of Transfer in the Estate of Gail N.
Baker dated June 9, 1954 and recorded in Volume 460 at page 109 of
the Deed Records of Licking County, Ohio; and to Certificate for Transfer
in the Estate of Mary Baker Brookbank dated January 3, 1958 and
recorded in Volume 503 at page 554 of the Deed Records of Licking
County.Ohio.
6.
That parcel as recorded and described in Volume 741, commencing on
page 603, know as the Ronald R. Harris and Carol A Harris property.
Being part of Lot 2 in the 4th Quarter ofTownship 2 and Range 13 of the
U.S.M. Lands and further bounded and described as follows:
Beginning at a point at the intersection of the centerline ofTownship
Road 131 and the westerly line of said Lot 2; thence North 6 degrees 30
feet 12 inches East, passing along an existing fence line and passing
along said westerly line of Lot 2 and the easterly line of the Gebhard W.
Keny property (deed reference,Volume 656 at page 638 of the Deed
Records of Licking County,Ohio). passing an iron pin at 30.00 feet, total distance of a 1354.10 feet to an iron pin: thence South 83 degrees 15
feet East, 973.54 feet to an iron pin:thence South 5 degrees 52 feet
West,passing existing iron pins at 664.54 feet and 1324.25 feet, a total
distance of 1354.25 feet to a point in the said centerline ofTownship
Road 131; thence North 83 degrees 15 feet West,passing along the said
centerline ofTownship Road 131, 988.59 feet to the place of beginning:
Containing 30.50 acres, more or less.
The above description prepared by Alvin R.Jobes, Registered Surveyor 5006, dated December 8, 1975.
SUBJECT to any and all easements,rights of way, conditions and
restrictions of record, all legal highways, zoning ordinances,rules and regulations.
Being part of the same premises conveyed to Oakhaven Development
Corporation by deed recorded in Volume 718 at page 1133 of the Deed Records of Licking County, Ohio.
7.
That parcel as recorded and described in volume 656 commencing on page 638, known as the Gebhard W.Keny property.
Being 185.76 acres in the 4th Section, 2nd Township, 13th Range of the Untied States Military Survey and being all of that land as described in the instruments of record in Volume 267, pages 138 and 139 and Volume 334, pages 419 and 420 of the Deed Records of Licking County,Ohio and also being most of Lots 3 and 4 of Licking Land Company Surveys second range of lots, formerly called the 'Thomas
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Clark McCray Place"a,nd bounded and more particularly described as
follow:
Beginning with a point set in the center of River Road, ( nvp Rd.# 131),
said point about 2440 feet westerly from the junction of said road and
the extension of Heath Village Boundary road,said point also about 1240
feet westerly from the nearest point where Newark City Limits join River
Road; thence with the centerline N 87 deg 27 min W 1846.76 feet; thence
with the center as follows: N 85 deg 26 min W85.97 feet:N 70 deg 42
min W 108.51 feet;N 57 deg 12 min W 112.91 feet;then N 56 deg 14
min W 96.02 feet to a point in the road and on the line between lots 4
and 5:thence with said N 03 deg 08 min E 23.00 feet; thence S 67 deg
50 min E 92.03 feet:thence parallel to lot4&5 line N03 deg 08 min E
243.00 feet; then at a right angle N 86 deg 52 min W87.00 feet to the
fence on lot4&5 boundary; thence with said line N03 deg 08 min E
3685.60 feet to a steel post at a fence corner on the bank of a ditch near
the east end of a railroad bridge over Raccoon Creek: thence following a
fence on the southerly right of way to said railroad along a curve to the
left whose chord measures S 63 deg 13 min E 96.04 feet;then again
with a curve to the left a chord of S 64 deg 23 min E 326.02 feet then
again curving left on a chord line of S 73 deg 44 min E 255.37 feet;
thence with a tangent to said track, and 30 feet,more or less, south and
parallel to track,S 76 deg 33 min E 273.22 feet; then following a curve to
the right whose chord is S 73 deg 11 min E 297.88; then again with a
curve to the right a chord bearing S 62 deg 47 min E 393.58 feet: thence
with the tangent to said track S58 deg 14 min E 742.04 feet to a pin at a
fence junction:the following a fence up hill and on the line between lots
2&3502 deg 56 min W3183.45 feet to the point ofbeginning, together
with all the right, title,and interest held and owned at the time of his
death by the said Thomas Clark McCrary, deceased, in and to the land
lying within the railroad right of way situated generally north of and
adjacent to the 185.776 acres hereinbefore described.
Said real estate is subject to zoning laws and regulations: the rights of
the public to use as public road or highway that portion of the premises
which is situation within the present right of way of the River Road; and
the rights which are or may be held by others by virtue of the following
instruments, all recording references being to the records of the Licking
County,Ohio Recorder:
a) Easements in favor of Central Ohio Railroad Company created
by instruments of record in Lease Record 3, pages 213 and 214:
b) A conveyance to Central Ohio Railroad Company created by an instrument of record in Volume 144 of the Deed Records at page 477;
c) An Oil and Gas Lease and Pipeline Easement for an original
term of 15 years to A. H.Heisey & Co.,dated December 9, 1904,of record in Lease Record 12 at page 260:
d)An Easement granted to The Ohio Fuel Supply Company,of record in Volume 30 of the Lease Records at page 476, dated
September 2, 1913 and later assigned to The Ohio Fuel Gas Company.
e)An Easement in favor ofOhio Power Company, dated June 11, 1929, and of record in Volume 291 of the Deed Records pate 154;
0 An Easement in favor of Ohio Power Company, dated February
19, 1951 and of record in Volume 427 of the Deed Records at page
528; and
g) An Easement in favor of Allegheny Pipeline Company, dated
September 20, 1962 and of record in Volume 558 of the Deed
Records at page 269.
8.
That parcel as recorded and described in volume 684 commencing on
pages 61 and 64,known as the Ralph L. Butt and Evelyn L. Butt
property.
Situated in the State of Ohio, County of Licking and Township of
Granville and bounded and described as follows:
Being the Fourth Section, Second Township and Thirteenth Range,
United States Military Lands, beginning at the intersection of the north
line of what is known as the River Road,with the west line of Lot Number
Four (4)in said Section, thence northerly along the west line of said Lot
Number Four (4),two hundred thirteen (213)feet to a point:thence
easterly at right angles to the west line of said Lot Number Four (4)
eighty-seven (87)feet to a point; thence southerly parallel with the west
line of said Lot Number Four (4)two hundred forty-three (243)feet to the
north line of said River Road; thence westerly along the north line of said
River Road ninety-six (96)feet to the place of beginning.
Subject to all valid rights of way and easements of record.
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