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Record of Ordinances
Ordinance No.: 2002-11
Passed: June 10, 2002
AN ORDINANCE APPROVING THE ANNEXATION OF 62.162 ACRES
OF LAND TO THE NORTH AND EAST OF THE VILLAGE OF WEST LAFAYETTE, OHIO, LOCATED
IN LAFAYETTE TOWNSHIP, COUNTY OF COSHOCTON, STATE OF OHIO
WHEREAS,
a petition for annexation of 62.162 acres of land owned by certain residents
along the North and East corporation lines of the Village of West Lafayette,
Ohio, located in Lafayette Township, County of Coshocton, State of Ohio, to
the Village of West Lafayette, County of Coshocton, State of Ohio, which land
is described in the Petition, which was filed with the Coshocton County Commissioners
by John Dotson, Agent for the Petitioners, on the 26th day of October, 2001;
WHEREAS, the Commissioners of Coshocton County,
Ohio, have approved said annexation petition filed by John Dotson, Agent for
the Petitioner, pursuant to a hearing at the office of the County Commissioners on January 16, 2002;
WHEREAS, the Board of County Commissioners
of Coshocton County, Ohio, upon granting said petition for annexation pursuant
to a Resolution dated April 1st, 2002, has entered it on its journal along
with all orders relating to the annexation and has delivered a certified transcript
of all orders of the Board of Coshocton County Commissioners, signed by a
majority of the members of the Board, the petition, map, and all other papers
on file relating to the annexation proceedings to the Clerk-Treasurer of the
Village of West Lafayette, Ohio, to which said annexation is proposed, pursuant
to Ohio Revised Code § 709.033;
WHEREAS, it is the desire of the Council of
the Village of West Lafayette, Ohio, to accept the premises described below
for annexation to the Village of West Lafayette, Ohio;
WHEREAS, Ohio Revised Code § 709.04 requires
the acceptance of the territory by the annexing municipal corporation at the
next regular session of the Village of West Lafayette, Ohio, following the
expiration of 60 days from the date of filing of said materials with the Clerk-Treasurer
pursuant to Ohio Revised Code § 709.033.
WHEREAS, the said certified transcript was
received by and filed with the Clerk-Treasurer of the Village of West Lafayette,
on the 4th day of April, 2002;
WHEREAS, this meeting of the 10th day of
June, 2002, is the next regular session of the Council of the Village of West
Lafayette, Ohio, following the expiration of 60 days from the 4th day of April,
2002, on which said date the filing of the said certified transcript took
place with the Clerk-Treasurer of the Village of West Lafayette, Ohio.
WHEREAS, the Clerk-Treasurer of the Village
of West Lafayette, Ohio has laid the transcript and the accompanying map or
plat in the petition required pursuant to Ohio Revised Code § 709.04 before
the Council of the Village of West Lafayette, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council
of the Village of West Lafayette, State of Ohio as follows:
1. The Council of the Village of West Lafayette,
Ohio, does hereby accept said application for annexation of 62.162 acres to
the Village of West Lafayette, which land is described in the plat to the
Petition filed by John Dotson, Agent for the Petitioners;
2. The territory described below shall be
and herewith is declared to be annexed to and is fully a part of the Village
of West Lafayette, County of Coshocton, and State of Ohio:
DESCRIPTION OF THE TWO TRACTS TOTALING 62.162
ACRES TO BE ANNEXED TO THE VILLAGE OF WEST LAFAYETTE, OHIO, PURSUANT TO THE
PLAT.
September 26, 2001
Description for the Village of West Lafayette in
Lafayette Township, Coshocton County, Ohio.
Tract A
Being a tract of land in the First Quarter, Range
5W, Township 5N, Lafayette Township, Coshocton County, State of Ohio, and
being further described as follows;
Note: North based on Deed O.R. 42/863.
Research Data: Deeds and plats as shown on plat
and called out in this description.
Beginning at a point on the North line of an alley,
said point being at the Southeast corner of Boyd's First Addition, Plat Book
2, Page 36;
thence, with the said North line of the alley and
a projection of the said North line, 277 degrees 15' 56", a distance
of four hundred seventy-nine and ninety-six hundredths (479.96) feet to a
point on the centerline of Kirk Street (S.R. 93);
thence, with the said centerline of Kirk Street,
181 degrees 16' 24", a distance of one hundred thirty-five and sixty-five
hundredths (135.65) feet to a point on a projection of the South line of Wood
Avenue;
thence, with the said projection of the South line
of Wood Avenue and with the said South line of Wood Avenue, 271 degrees 15'
20", a distance of one thousand five and seven hundredths (1005.07) feet
to a point on the West line of an alley and the East line of the lands of
Fairview 1, Ltd. (O.R. 154/1845);
thence, with the said East line of the lands of
Fairview 1, Ltd. and the East line of the lands of the Village of West Lafayette
(O.R. 54/333) the following three (3) courses;
1. 1 degree 16' 24", a distance of one
thousand nine hundred thirty-two and twenty-two hundredths (1932.22) feet
to a point;
2. 85 degrees 47' 10", a distance of
nine hundred fifty and forty-six hundredths (950.46) feet to a point;
3. 164 degrees 13' 11", a distance of
two hundred three and twenty hundredths (203.20) feet to a point on the centerline
of said State Route 93;
thence, with the said centerline of State Route
93 the following four (4) courses;
1. 1 degree 18' 42", a distance of seventy-three
and thirty five hundredths (73.35) feet to a point;
2. 24 degrees 13' 36", a distance of
ninety-two and sixty four hundredths (92.64) feet to a point;
3. 43 degrees 06' 32", a distance of
eighty-six and seventy three hundredths (86.73) feet to a point;
4. 52 degrees 38' 26", a distance of
ninety-three and thirteen hundredths (93.13) feet to a point;
thence, with the lands of Jack H. & David H.
Shurtz (329/492 & 344/431) the following twelve
(12) courses;
1. 124 degrees 23' 53", a distance of
eighty-one and sixty two hundredths (81.62) feet to a point;
2. 195 degrees 10' 16", a distance of
one hundred fourteen and eight hundredths (114.08) feet to a point;
3. 183 degrees 48' 11", a distance of
one hundred seventy eight and ninety-seven hundredths (178.97) feet to a point;
4. 174 degrees 02' 23", a distance of
one hundred twenty-six and seventy-five hundredths (126.75) feet to a point;
5. 274 degrees 48' 42", a distance of
fifty-five and ninety one hundredths (55.91) feet to a point;
6. 181 degrees 18' 42", a distance of
two hundred and no hundredths (200.00) feet to a point;
7. 94 degrees 48' 42", a distance of
one hundred fifty-six and fifty-seven hundredths (156.57) feet to a point;
8. 147 degrees 06' 56", a distance of
one hundred forty-six and seventy-two hundredths (146.72) feet to a point;
9. 181 degrees 18' 42", a distance of
one hundred twenty-one and forty-one hundredths (121.41) feet to a point;
10. 277 degrees 15' 56", a distance of
fifty-one and no hundredths (51.00) feet to a point;
11. 181 degrees 18' 42", a distance of
sixteen and seven hundredths (16.07) feet to a point;
12. 277 degrees 15' 56", a distance of
three hundred fifty and no hundredths (350.00) feet to a point on the said
centerline of State Route 93;
thence, with the said centerline of State Route
93, 181 degrees 18' 43", a distance of one hundred sixty-seven and no
hundredths (167.00) feet to a point;
thence, continuing with the said lands of Jack
H. & David H. Shurtz (344/431), 97 degrees 15'
56", a distance of one hundred seventy-five and nine hundredths (175.09)
feet to a point;
thence, with the lands of Allen & Dixie McCormick
(O.R. 79/1068 & O.R. 150/1905) the following three (3) courses;
1. 181 degrees 16' 58", a distance of
ninety-two and seventy two hundredths (92.72) feet to a point;
2. 92 degrees 28' 48", a distance of
twenty-nine and seventy one hundredths (29.71) feet to a point;
3. 181 degrees 19' 08", a distance of
ninety-two and ninety five hundredths (92.95) feet to a point on the North
line of an alley;
thence, with the said North line of the alley,
97 degrees 15' 56", a distance of two hundred twenty-six and seventeen
hundredths (226.17) feet to a point on the West line of Township Road 1077;
thence, with said Township Road 1077 the following
three (3) courses;
1. 1 degree 24' 56", a distance of one
hundred eighty-three and fourteen hundredths (183.14) feet to a point;
2. 97 degrees 15' 56", a distance of forty-eight
and thirty four hundredths (48.34) feet to a point;
3. 181 degrees 16' 21", a distance of
nine hundred twenty-four and nineteen hundredths (924.19) feet to the point
of beginning;
The above described tract contains fifty-nine and
four hundred one thousandths (59.401) acres, more or less. This description
prepared by Bruce D. Eckelberry, Registered Professional Surveyor No. 7103, September
26, 2001, and is based on documents of record at the Coshocton County Recorder's
office and is not based on an "on the ground" survey by the preparer.
September
26, 2001
Description for the Village of West Lafayette in
Lafayette Township, Coshocton County, Ohio.
Tract B
Being a tract of land in the First Quarter, Range
5W, Township 5N, Lafayette Township, Coshocton County, State of Ohio, and
being further described as follows;
Note: North based on Deed O.R. 42/863.
Research Data: Deeds and plats as shown on plat
and called out in this description.
Beginning at a point on the East line of Center
Street, said point being located 181 degrees 16' 24", a distance of sixteen
and nine hundredths (16.09) feet from a point at the Northeast corner of Seth
Shaw's First Addition, Transcribed Plat Book 1, Page 284;
thence, with the lands of L.D. Powell (O.R. 4/191),
the lands of J.H. & D.H. Shurtz (344/431), the
lands of W. Matchett (O.R. 74/236 & 783) and
the lands of Shurtz Family Farms Ltd. Partnership
(O.R. 142/194) with the following six (6) courses;
1. 97 degrees 15' 56", a distance of
one hundred fifty and no hundredths (150.00) feet to a point;
2. 181 degrees 16' 24", a distance of
one hundred fifty and no hundredths (150.00) feet to a point;
3. 97 degree 15' 56", a distance of sixteen
and no hundredths (16.00) feet to a point;
4. 181 degrees 16' 24", a distance of
twenty-nine and no hundredths (29.00) feet to a point;
5. 97 degrees 15' 56", a distance of
three hundred eighty-one and forty-six hundredths (381.46) feet to a point;
6. 181 degree 16' 24", a distance of
one hundred seventy-one and no hundredths (171.00) feet to a point on the
North Corporation Line of the Village of West Lafayette;
thence, with the said Corporation Line, 277 degrees
15' 56", a distance of five hundred forty-seven and forty-six hundredths
(547.46) feet to a point on the said East line of Center Street;
thence, with the said East line of Center Street,
1 degrees 16' 24", a distance of three hundred fifty and no hundredths
(350.00) feet to the point of beginning;
The above described tract contains two and seven
hundred sixty-one thousandths (2.761) acres, more or less. This description
prepared by Bruce D. Eckelberry, Registered Professional Surveyor No. 7103, September
26, 2001, and is based on documents of record at the Coshocton County Recorder's
office and is not based on an "on the ground" survey by the preparer.
3. The Village Clerk-Treasurer shall be and
herewith is authorized and directed to make three copies, including the petition,
the map or plat accompanying the petition, a transcript of the proceedings
of the Board of Commissioners of Coshocton County, Ohio and resolutions and
ordinances in relation to the annexation including this Ordinance and Ordinance
No. 35-2001, with a certificate to each copy that each such copy is correct
pursuant to Ohio Revised Code § 709.06.
4. The Clerk-Treasurer of the Village of
West Lafayette, Ohio shall be and herewith is authorized and directed to sign
said certificates in his official capacity as the Clerk-Treasurer of the Village
of West Lafayette, Ohio, and shall authenticate said certificates by the seal
of the Village of West Lafayette, Ohio.
5. The Village Clerk-Treasurer of the Village
of West Lafayette, Ohio shall be and herewith is instructed and directed forthwith
to deliver one such copy to the Auditor of Coshocton County, Ohio and one
such copy to the Recorder of Coshocton County, Ohio and to forward the third
copy to the Secretary of State of the State of Ohio pursuant to Ohio Revised
Code § 709.06.
6. Pursuant to Ohio Revised Code § 709.10,
the annexation shall become effective 30 days after passage of this Ordinance
by the Council of the Village of West Lafayette, Ohio and the territory annexed
pursuant thereto and described above shall herewith be a part of the municipal
corporation of the Village of West Lafayette, Ohio. The inhabitants residing
therein shall have all the rights and privileges, and shall be subject to
the powers, of the municipal corporation of the Village of West Lafayette,
County of Coshocton, State of Ohio, as are the inhabitants within the original
limits of such municipal corporation.
PASSED IN COUNCIL THIS ____th
day of ________________, 2002.
_________________________
Jack L. Patterson, Mayor
ATTEST:
_________________________________
Bruce E. Fouch, Clerk-Treasurer
APPROVED AS TO FORM:
__________________________________
R. Q. BAKER, III
Solicitor for the
Village of West Lafayette, Ohio
DC\WL-86044.028.DOC
CERTIFICATE
The undersigned, Bruce E. Fouch, being the
duly qualified and acting Clerk-Treasurer of the Village of West Lafayette,
Ohio, Coshocton County, Ohio, who as such Clerk-Treasurer has the custody
and control of the Journal and Records of the Village of West Lafayette, Ohio,
hereby certifies that the attached papers and documents numbered Exhibits
___ through _____ inclusive, constitute a true, correct and complete transcript
of all Petitions, maps, transcripts, and Ordinances, resolutions, minutes,
notices of annexation and other papers relating to the annexation of 62.162
acres of land owned by certain residents along the Northern and Eastern corporation
lines of the Village of West Lafayette, Ohio, and located in Lafayette Township,
Coshocton County, State of Ohio.
Dated:_____________
______________________________________
Bruce E. Fouch, Clerk-Treasurer
Village of West Lafayette, Ohio
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