Daily Court Reporter - Miscellaneous Notices

Legal Notices: Miscellaneous Notices 16-09

  • LEGAL NOTICE On August 8, 2016, the City of Union Council enacted the following Community Reinvestment (CRA) Area 2, Resolution 16-09, which includes legal descriptions depicting the boundaries of the amended CRA area and the original CRA area. The Resolution and legal descriptions with maps are available for public inspection in the office of the Clerk of Council of the City of Union, 118 N. Main Street, Union, Ohio 45322. RESOLUTION 16-09 Passed August 8, 2016 A RESOLUTION AMENDING COMMUNITY REINVESTMENT AREA 2 TO EXPAND THE GEOGRAPHIC SIZE OF THE AREA. WHEREAS, the council of the City of Union (hereinafter “Council”) established Community Reinvestment Area 2 by Resolution No. 561 dated March 9, 1981, in accordance with R.C. 3735.65 to 3735.70, and designated by the State of Ohio Development Services Agency as Zone No. 113-78470-01; and WHEREAS, the 120th Ohio General Assembly enacted Amended Substitute Senate Bill 19 (“SB 19”) that became effective on July 22, 1994 to amend the procedures and reporting requirements of R.C. 3735.65 to 3735.70; and WHEREAS, Section 3 of SB 19 provides that the SB 19 amendments apply only to community reinvestment areas created on or after July 1994, and community reinvestment areas created before July 1994 may be amended twice without having to comply with SB 19; and WHEREAS, Community Reinvestment Area 2 in the City of Union was created before July 1994, and there have been no prior amendments to Resolution No. 561; and WHEREAS, the Council has caused a survey of housing to be made within its jurisdiction, a copy of which is on file in the office of the Clerk of the City of Union; and WHEREAS, as a result of said survey, it is determined that the area included in the description attached hereto as Exhibit A that is adjacent to Community Reinvestment Area 2 established by Resolution No. 561 dated March 9, 1981 is one in which housing facilities or structures of historical significance are located and new housing construction and repair of existing facilities or structures are discouraged; and WHEREAS, Council desires to amend Resolution No. 561 to expand the geographic size and amend the boundaries of Community Reinvestment Area 2 to include the additional territory described in Exhibit A in fulfillment of the public purpose as provided in Resolution No. 561 and findings herein. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF UNION, MONTGOMERY COUNTY, OHIO, THAT: SECTION 1: Pursuant to R.C. 3735.66 and R.C. 3735.67 and Ohio law, Resolution No. 561 is hereby amended for the first time to expand the geographic size of Community Reinvestment Area 2 by adding the 264.678± acre area described in Exhibit A to existing 12.451± acre Community Reinvestment Area 2 established by Resolution No. 561 and as described in that Resolution which description is attached as Exhibit B. The boundaries of Community Reinvestment Area 2 as amended herein to include additional territory and being comprised of 277.129± acres as amended are shown on attached Exhibit C. SECTION 2: Council finds that the geographic area described in Exhibit A to be added to and included within Community Reinvestment Area 2 as shown on Exhibit C is an area in which housing facilities or structures of historical significance are located and new housing construction and repair of existing facilities or structures are discouraged. SECTION 3: The Council hereby finds and determines that all formal actions relative to the passage of this Ordinance were taken in an open meeting of this Council, that all deliberations of this Council and of its committees, if any, which resulted in formal action were taken in meetings open to the public, in full compliance with the applicable legal requirements, including R.C. 121.22. SECTION 4: The Clerk is hereby authorized and directed to publish this adopted resolution once a week for two consecutive weeks in a newspaper of general circulation in the City of Union. SECTION 5: The Clerk is hereby authorized and directed to submit a copy of this Resolution and a map of this amended Community Reinvestment Area 2 in sufficient detail to denote the specific boundaries of the amended area and to indicate the zoning restrictions applicable to the amended area to the Ohio director of development within fifteen days. SECTION 6: Except for the modification of the geographic area and boundaries of Community Reinvestment Area 2 and findings stated in this Resolution, all provisions of Resolution No. 561 remain unchanged and in full force and effect. SECTION 7: That this Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED this 8th day of August, 2016. ATTEST: Michael O’Callaghan, Mayor; Denise A. Winemiller, Clerk of Council; John Bruns, Vice Mayor. City of Union Community Reinvestment Area 2 legal description included below (Exhibit A). City of Union Original Community Reinvestment area legal description included below (Exhibit B). EXHIBIT A DESCRIPTION OF ADDITIONAL TERRITORY TO BE ADDED TO COMMUNITY REINVESTMENT AREA IN THE CITY OF UNION MIAMI AND MONTGOMERY COUNTIES, OHIO CONTAINING A NET OF 264.678± ACRES AUGUST 2016 Situate in Sections 33 and 34, Township 6, Range 5 East, City of Union, County of Miami, State of Ohio, and Sections 3 and 4, Township 5, Range 5 East, City of Union, County of Montgomery, State of Ohio and being more particularly bounded and described as follows: Commencing for reference at the northwest corner of said Section 34, said corner also being the northeast corner of said Section 33, in the centerline of Frederick Garland Road (60’ public right-of-way); thence along the west line of said Section 34 and the east line of aid Section 33, South zero degrees zero minutes ten seconds West (S00°00’10”W) for two thousand six hundred eleven and 92/100 feet (2611.92’); thence leaving said lines, North eighty nine degrees fifteen minutes twenty seconds East (N89°15'20"E) for five hundred eighty four and 16/100 feet (584.16') to the POINT OF BEGINNING (POB) for the hereinafter described area of land; thence South fourteen degrees twenty one minutes thirteen seconds East (S14°21'13"E) for one thousand two hundred ninety five and 34/100 feet (1,295.34'); thence South twenty one degrees ten minutes three seconds East (S21°10'03"E) for three hundred thirty one and 21/100 feet (331.21'); thence South twenty eight degrees forty two minutes seven seconds East (S28°42'07"E) for one hundred sixty six and 49/100 feet (166.49'); thence South twenty five degrees twenty six minutes fifty six seconds East (S25°26'56"E) for four hundred fifty seven and 97/100 feet (457.97'); thence South nineteen degrees thirty four minutes zero seconds East (S19°34'00"E) for three hundred eighty five and 52/100 feet (385.52'); thence South nineteen degrees thirty six minutes six seconds East (S19°36'06"E) for one thousand forty six and 76/100 feet (1,046.76'); thence South seventy three degrees thirty six minutes twenty nine seconds West (S73°36'29"W) for one thousand seventy nine and 77/100 feet (1,079.77') to the west right-of-way line of State Route 48 (66’ public right-of-way); thence continuing along said west right-of-way line of State Route 48, South eighteen degrees fifty nine minutes twenty eight seconds East (S18°59'28"E) for one hundred eighty two and 55/100 feet (182.55'); thence continuing along said west right-of-way line of State Route 48, South twenty three degrees forty three minutes forty eight seconds East (S23°43'48"E) for three hundred seventy five and 85/100 feet (375.85'); thence leaving said west right-of-way line of State Route 48, South sixty six degrees sixteen minutes fifty nine seconds West (S66°16'59"W) for twelve feet (12.00'); thence on a curve to the right with a radius of twenty feet (20.00') for an arc distance of thirty one and 41/100 feet (31.41') {chord bearing South twenty one degrees seventeen minutes thirty seconds West (S21°17'30"W) for twenty eight and 28/100 feet (28.28'), delta angle of said curve being eighty nine degrees fifty eight minutes fifty eight seconds (89°58'58")} to the north right-of-way line of Quinter Farm Road (60’ public right-of-way); thence continuing along said north right-of-way line of Quinter Farm Road, South sixty six degrees sixteen minutes fifty nine seconds West (S66°16'59"W) for four hundred thirty three feet (433.00'); thence leaving said north right-of-way line of Quinter Farm Road, North twenty four degrees thirty eight minutes fifty seconds West (N24°38'50"W) for two hundred thirty four and 65/100 feet (234.65'); thence South sixty five degrees twenty one minutes ten seconds West (S65°21'10"W) for two hundred eighty three and 15/100 feet (283.15'); thence South eleven degrees five minutes twenty seven seconds West (S11°05'27"W) for two hundred eighty nine and 9/100 feet (289.09'); thence South twenty four degrees thirty eight minutes fifty seconds East (S24°38'50"E) for ninety nine and 91/100 feet (99.91'); thence South fifty three degrees twenty six minutes twenty eight seconds West (S53°26'28"W) for two hundred four and 22/100 feet (204.22') to the northerly right-of-way line of Tall Timbers Road (50’ public right-of-way); thence continuing along said northerly right-of-way line of Tall Timbers Road, on a curve to the left with a radius of two hundred and 50/100 feet (200.50') for an arc distance of forty seven and 59/100 feet (47.59') {chord bearing North forty three degrees twenty two minutes thirty four seconds West (N43°22'34"W) for forty seven and 47/100 feet (47.48'), delta angle of said curve being thirteen degrees thirty six minutes zero seconds (13°36'00")}; thence continuing along said northerly right-of-way line of Tall Timbers Road, on a curve to the left with a radius of one hundred ninety nine and 94/100 feet (199.94') for an arc distance of sixty and 83/100 feet (60.83') {chord bearing North fifty eight degrees fifty three minutes thirty four seconds West (N58°53'34"W) for sixty and 60/100 feet (60.60'), delta angle of said curve being seventeen degrees twenty six minutes zero seconds (17°26'00")}; thence continuing along said northerly right-of-way line of Tall Timbers Road, on a curve to the right with a radius of fourteen and 99/100 feet (14.99') for an arc distance of twenty and 75/100 feet (20.75') {chord bearing North twenty seven degrees fifty eight minutes fourteen seconds West (N27°58'14"W) for nineteen and 13/100 feet (19.13'), delta angle of said curve being seventy nine degrees sixteen minutes forty seconds (79°16'40")}; thence continuing along said northerly right-of-way line of Tall Timbers Road, North eleven degrees forty minutes six seconds East (N11°40'06"E) for forty eight and 70/100 feet (48.70'); thence continuing along said northerly right-of-way line of Tall Timbers Road, North seventy eight degrees nineteen minutes fifty four seconds West (N78°19'54"W) for fifty feet (50.00'); thence continuing along said northerly right-of-way line of Tall Timbers Road, South eleven degrees forty minutes six seconds West (S11°40'06"W) for forty eight and 70/100 feet (48.70'); thence continuing along said northerly right-of-way line of Tall Timbers Road, on a curve to the right with a radius of fourteen and 99/100 feet (14.99') for an arc distance of twenty and 75/100 feet (20.75') {chord bearing South fifty one degrees eighteen minutes twenty six seconds West (S51°18'26"W) for nineteen and 13/100 feet (19.13'), delta angle of said curve being seventy nine degrees sixteen minutes forty four seconds (79°16'44")}; thence continuing along said northerly right-of-way line of Tall Timbers Road, on a curve to the left with a radius of one hundred ninety nine and 97/100 feet (199.97') for an arc distance of seven and 55/100 feet (7.55') {chord bearing South eighty nine degrees fifty one minutes fifty four seconds West (S89°51'54"W) for seven and 54/100 feet (7.55'), delta angle of said curve being two degrees nine minutes forty eight seconds (02°09'48")}; thence continuing along said northerly right-of-way line of Tall Timbers Road, South eighty eight degrees forty seven minutes zero seconds West (S88°47'00"W) for eight and 44/100 feet (8.44'); thence leaving said northerly right-of-way line of Tall Timbers Road, South one degrees thirteen minutes zero seconds East (S01°13'00"E) for two hundred fifty feet (250.00'); thence South eighty nine degrees ten minutes forty five seconds West (S89°10'45"W) for five hundred seventy five and 25/100 feet (575.25'); thence North one degrees nineteen minutes twenty two seconds West (N01°19'22"W) for one thousand one hundred thirty two and 86/100 feet (1,132.86'); thence South eighty eight degrees thirty eight minutes zero seconds West (S88°38'00"W) for seven hundred forty three and 64/100 feet (743.64'); thence North one degrees fifteen minutes thirty seconds West (N01°15'30"W) for seven hundred thirty and 85/100 feet (730.85'); thence North seventy nine degrees thirty eight minutes thirty seconds East (N79°38'30"E) for four hundred nine and 80/100 feet (409.80'); thence North zero degrees one minutes zero seconds East (N00°01'00"E) for four hundred ninety five and 9/100 feet (495.09'); thence North eighty eight degrees fifty eight minutes zero seconds East (N88°58'00"E) for one thousand eighty three and 72/100 feet (1,083.72'); thence North zero degrees forty eight minutes ten seconds West (N00°48'10"W) for forty four and 20/100 feet (44.20'); thence North seventy degrees seven minutes fifty seconds East (N70°07'50"E) for one hundred twenty and 54/100 feet (120.54'); thence North nineteen degrees forty four minutes ten seconds West (N19°44'10"W) for one hundred forty one feet (141.00'); thence South seventy degrees seven minutes fifty seconds West (S70°07'50"W) for three hundred sixty seven and 72/100 feet (367.72'); thence North eighteen degrees forty eight minutes eleven seconds West (N18°48'11"W) for fifty four and 21/100 feet (54.21'); thence North sixty seven degrees fourteen minutes twenty seconds East (N67°14'20"E) for sixty and 55/100 feet (60.55'); thence North fifty two degrees forty one minutes fifty seconds East (N52°41'50"E) for one hundred forty seven and 73/100 feet (147.73'); thence North forty nine degrees eight minutes fifty seconds East (N49°08'50"E) for two hundred forty eight and 34/100 feet (248.34'); thence South fifty degrees fifty one minutes ten seconds East (S50°51'10"E) for nine and 78/100 feet (9.78'); thence North eighty six degrees nine minutes fourteen seconds East (N86°09'14"E) for one hundred twenty eight and 73/100 feet (128.73'); thence North sixty nine degrees twenty minutes forty seven seconds East (N69°20'47"E) for twenty two and 51/100 feet (22.51'); thence North twenty eight degrees forty two minutes seven seconds West (N28°42'07"W) for two hundred thirty five and 63/100 feet (235.63'); thence North twenty one degrees ten minutes three seconds West (N21°10'03"W) for four hundred and 35/100 feet (400.35'); thence North eleven degrees forty nine minutes eleven seconds West (N11°49'11"W) for thirty four and 84/100 feet (34.84'); thence South eighty nine degrees six minutes fifty seconds West (S89°06'50"W) for seventy two and 25/100 feet (72.25'); thence South forty seven degrees thirty five minutes twenty seconds West (S47°35'20"W) for two hundred twelve and 48/100 feet (212.48'); thence South fifty two degrees forty eight minutes twenty seconds West (S52°48'20"W) for one hundred twenty four and 88/100 feet (124.88'); thence South forty seven degrees one minutes twenty seconds West (S47°01'20"W) for eighty and 29/100 feet (80.29'); thence South thirty seven degrees one minutes twenty seconds West (S37°01'20"W) for eighty three and 65/100 feet (83.65'); thence South thirty one degrees thirty seven minutes twenty seconds West (S31°37'20"W) for one hundred twenty three and 85/100 feet (123.85'); thence South thirty nine degrees six minutes twenty seconds West (S39°06'20"W) for sixty four and 40/100 feet (64.40'); thence South forty one degrees five minutes twenty seconds West (S41°05'20"W) for two hundred eleven and 88/100 feet (211.88'); thence South thirty nine degrees four minutes twenty seconds West (S39°04'20"W) for one hundred fifty seven and 48/100 feet (157.48'); thence North one degrees one minutes forty seconds West (N01°01'40"W) for three hundred sixty four and 81/100 feet (364.81'); thence South eighty nine degrees fifteen minutes twenty seconds West (S89°15'20"W) for one thousand five hundred forty one and 70/100 feet (1,541.70'); thence North one degrees one minutes forty seconds West (N01°01'40"W) for seventy five feet (75.00'); thence South eighty nine degrees fifteen minutes twenty seconds West (S89°15'20"W) for two hundred twelve feet (212.00'); thence North one degrees one minutes forty seconds West (N01°01'40"W) for one thousand nine hundred feet (1,900.00') to the south right-of-way line of Baker Road; thence continuing along said south right-of-way line of Baker Road, North eighty nine degrees fifteen minutes twenty seconds East (N89°15'20"E) for one thousand three hundred forty seven and 29/100 feet (1,347.29'); thence leaving said south right-of-way line of Baker Road, South zero degrees forty four minutes forty seconds East (S00°44'40"E) for five hundred twenty four and 29/100 feet (524.29'); thence North eighty nine degrees fifteen minutes twenty seconds East (N89°15'20"E) for one thousand twenty five and 27/100 feet (1,025.27') to the centerline of State Route 48; thence along said centerline of State Route 48, North fourteen degrees eight minutes zero seconds West (N14°08'00"W) for five hundred fifty five and 50/100 feet (559.50'); thence leaving said centerline of State Route 48, North eighty nine degrees fifteen minutes twenty seconds East (N89°15'20"E) for one thousand and 00/100 feet (1000.00') to the POINT OF BEGINNING, containing 278.076 acres, more or less, subject however to all covenants, conditions, restrictions, reservations and easements contained in any instrument of record pertaining to the above described tract of land. EXCEPTING from the above the following: Situate in Sections 3 and 4, Township 5, Range 5 East, City of Union, County of Montgomery, State of Ohio and being more particularly bounded and described as follows: Commencing for reference at the northwest corner of said Section 34, said corner also being the northeast corner of said Section 33, in the centerline of Frederick Garland Road (60’ public right-of-way); thence along the west line of said Section 34 and the east line of aid Section 33, South zero degrees zero minutes ten seconds West (S00°00’10”W) for two thousand six hundred eleven and 92/100 feet (2611.92’); thence leaving said lines, North eighty nine degrees fifteen minutes twenty seconds East (N89°15'20"E) for five hundred eighty four and 16/100 feet (584.16'); thence South fourteen degrees twenty one minutes thirteen seconds East (S14°21'13"E) for one thousand two hundred ninety five and 34/100 feet (1,295.34'); thence South twenty one degrees ten minutes three seconds East (S21°10'03"E) for three hundred thirty one and 21/100 feet (331.21'); thence South twenty eight degrees forty two minutes seven seconds East (S28°42'07"E) for one hundred sixty six and 49/100 feet (166.49'); thence South twenty five degrees twenty six minutes fifty six seconds East (S25°26'56"E) for four hundred fifty seven and 97/100 feet (457.97'); thence South nineteen degrees thirty four minutes zero seconds East (S19°34'00"E) for three hundred eighty five and 52/100 feet (385.52'); thence South nineteen degrees thirty six minutes six seconds East (S19°36'06"E) for one thousand forty six and 76/100 feet (1,046.76'); thence South seventy three degrees thirty six minutes twenty nine seconds West (S73°36'29"W) for one thousand seventy nine and 77/100 feet (1,079.77') to the west right-of-way line of State Route 48 (66’ public right-of-way); thence continuing along said west right-of-way line of State Route 48, North eighteen degrees fifty nine minutes twenty eight seconds West (N18°59'28"W) for one hundred fifty and 98/100 feet (150.98') to the POINT OF BEGINNING (POB) for the hereinafter described area of land; thence South sixty seven degrees fifty four minutes eight seconds West (S67°54'08"W) for seven hundred seventy nine and 5/100 feet (779.05'); thence North zero degrees thirty two minutes zero seconds West (N00°32'00"W) for one thousand eighty five and 30/100 feet (1,085.30'); thence North eighty nine degrees thirty one minutes zero seconds East (N89°31'00"E) for four hundred seventy seven and 18/100 feet (477.18'); thence South seventeen degrees forty four minutes thirty six seconds East (S17°44'36"E) for eight hundred thirty five and 97/100 feet (835.97') to the POINT OF BEGINNING, containing 13.398 acres, more or less, subject however to all covenants, conditions, restrictions, reservations and easements contained in any instrument of record pertaining to the above described tract of land. Bearings are rotated to an assumed North and are used to denote angles only. This description was prepared in August 2016 from record information and is not the result of an actual field survey performed by Woolpert, Inc. nor is it intended to transfer title. EXHIBIT B Original Boundaries of Community Reinvestment Area 2 Union Resolution No. 561 adopted March 9, 1981 Section I: That the Community Reinvestment Area 2 be, and the same is hereby established, the boundaries of which are as follows: Located in Section 3, Town 5, Range 6 East, Village of Union, County of Montgomery, State of Ohio and being a tract of land described as follows: Beginning at a point in the centerline of Dayton-Covington Pike (S. R. 48) at the southeast corner of a no and 115/1000 (0.115) acre tract of land conveyed to Dale H. and Marilla B. Studebaker by deed recorded in Microfiche No. 72-182D09 in the Deed Records of Montgomery County, Ohio; thence with the south line of said Studebaker land, South sixty-five degrees twenty-one minutes ten second (65o 21' 10") West for forty-five and 00/100 (45.00) feet; thence still with the south line of said Studebaker land and the north line of Concord Farms, Section 3-A as recorded in Plat Book 96, Page 37 and the north line of Concord Farms, Section 3-C as recorded in Plat Book 108, Page 44, all in the Plat Records of Montgomery County, Ohio, South seventy-six degrees fifteen minutes no seconds (76o 15' 00") West for two hundred eighty-eight and 70/100 (288.70) feet to the southwest corner of said Studebaker land; thence westwardly with the north line of said Concord Farms, Section 3-C and its westwardly extension, said westwardly extension being the north line of land conveyed to Ryan Homes, Inc. by deed recorded in Microfiche No. 71-567A07 in the Deed Records of Montgomery County, Ohio, South seventy degrees fifty-one minutes forty-six seconds (70o 51' 46") West for six hundred twenty-four and 39/100 (624.39) feet; thence North twenty-four degrees thirty-eight minutes fifty seconds (240 38' 50") West for five hundred nineteen and 84/100 (519.84) feet to the' south right-of-way line of a proposed street; thence eastwardly with the south right-of-way line of said proposed street, North sixty-five degrees twenty-one minutes ten seconds (650 21' 101 East for nine hundred fifty and 00/100 (950.00) feet to a point on the centerline of said Dayton-Covington Pike (S. R. 48), said point being also on the east boundary of land conveyed to Randier Sales Company by deed recorded in Microfiche No. 74-47C01 and 73-37E05, all in the Deed Records of Montgomery County, Ohio; thence southwardly with the centerline of said Dayton-Covington Pike (S.R. 48), the east boundary of said Randier Sales Company land and the east boundary of Dale H. and Marilla B. Studebaker land by deed recorded in Book 1646, Page 441 and the east boundary of said Dale H. and Marilla B. Studebaker land by deed recorded in Microfiche No. 72-108D09, all in the Deed Records of Montgomery County, Ohio, South twenty-four degrees thirty-eight minutes fifty seconds (24o 38' 50") East for six hundred thirty-four and 37/100 (634.37) feet to the point of beginning, containing twelve and 451/1000 (12.451) acres, more or less. Denise A. Winemiller, Clerk of Council 08-19, 08-26-2016 2Fri ____________________________________
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