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Home My WebLink About017-02 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. Form_No. 30043 Ordinance No ................................1.7.-02.................. Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND GRANT AN EASEMENT AGREEMENT WITH COLUMBIA GAS FOR THE DEVELOPMENT OF THE BALLANTRAE GOLF COURSE IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, a goal of Dublin City Council is to continue to work with utility companies for the continued development of the Ballantrae Golf Course; WHEREAS, the City of Dublin desires to convey a utility easement agreement to Columbia Gas of Ohio, Inc. ("Columbia Gas") to provide natural and/or artificial gas to all areas of the Ballantrae Golf Course and residential community; WHEREAS, the City desires to execute an easement agreement in a substantially similar form to the attached Exhibit "A"; WHEREAS, Council finds it is in best interest of the City to execute the easement agreement in a substantially similar to the form attached to Columbia Gas for the continued development of the Ballantrae Golf Course and residential community. 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. Dublin City Council authorizes the City Manager to execute an Easement with Columbia Gas containing 10.763 Acres, more or less, in Reserve "F" Ballantrae Section 2 Part 1, in a substantially similar form to the attached Exhibit "A". Section 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason of executing the Deed of Easement; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~ ~ /r , 2002. Mayor Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~ ~ ~ . Cl lc of Council, Dublin, Ohio Easement # EASEMENT FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration to the Grantor in hand paid, receipt of which is hereby acknowledged, THE CITY OF DUBLIN, OHIO, an Ohio municipal corporation, whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio, 43017 (hereinafter called the Grantor), does hereby grant to COLUMBIA GAS OF OHIO, INC., with principal offices at 200 Civic Center Drive, P.O. Box 117, Columbus, Ohio 43216-0117, (hereinafter called the Company), its successors and assigns, for the limited purpose of natural and/or artiFcial gas transport and delivery, the non-exclusive right to lay pipelines together with service r~r connections, repair, replace or change the size of its pipes without interruption to service, and remove same, together with valves and other necessary appurtenances on lands situated in Washington Township, City of Dublin, Franklin County, State of OHIO, and more particularly described as follows: Recorded in: Inst. #200112190295965 Permanent Parcel No.: 274-000552 Property Address: Royal Dublin Drive Containing: 10.763 Acres more or less -Reserve "F" BALLANTRAE SECTION 2 part 1 Plat Bk. 98, Page 44 The pipelines laid pursuant to the terms and conditions of this agreement are to be located within the limits of a Ten (10) foot wide easement strip of land as described and shown on Exhibit "A" attached hereto and made a part hereof. With the right of ingress and egress to and from the same, the Grantor may fully use and enjoy the said premises, except for the purposes hereinbefore granted to the said Company and will not in any way materially impair the ability of the Company to operate, maintain, repair, replace or remove any such facility. All pipes shall be buried so as not to interfere with the present or future use of the land. The Company shall replace and restore the area disturbed by the laying, construction, operation and maintenance of said pipelines to as near practical to its original condition. The Grantor and the Company have agreed as part of the consideration hereof that any damages to lawn, driveways, shrubbery, drain tiles, trees, crops or fences upon said premises, the amount of which cannot be mutually agreed upon, shall be determined by a panel of arbitrators composed of three disinterested persons, of whom the Grantor and the Company shall appoint one each and the two arbitrators so appointed shall appoint the third, the award of any two of whom shall be final. The Company hereby indemnifies and agrees to hold harmless the Grantor and its elected officials, officers, employees, agents, representatives and/or volunteers from and against all claims, damages, losses, suits and actions, including attorneys' fees for all environmental contamination and other matters arising or resulting from the Company's use of the easement area or premises, unless directly caused by the gross negligence or willful misconduct of Company, its agents, employees and/or representatives acting within the scope of their duties. The Company represents and warrants to Grantor that the Company's use of the easement area shall not unreasonably restrict or impede Grantor's use of Grantor's property in or around the easement area. The Company shall exercise reasonable efforts to coordinate its routine maintenance activities with Grantor's use of the property. EXHIBIT ~soie~i~o.~ p a 9 The Grantor warrants that, to the best of its knowledge, the lands encompassed by this easement have not been used as a dump site and contain no substances or materials which if disturbed would cause or threaten to cause impairment to human health or the environment. The rights, privileges and terms hereby shall extend to and be binding upon the Grantor and the Company and their respective representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the Grantor hereto have hereunto set its hand this day of .2002. WITNESS GRANTOR Signed and acknowledged in the THE CITY OF DUBLIN, OHIO presence of: an Ohio municipal corporation (sign) (si4nl (print) (print) (sign) (sianl (print) (print) STATE OF ) SS: COUNTY OF ) BEFORE ME, a Notary Public in and for said County and State, personally appeared of the aforenamed . who represented that duly authorized in the premises and who acknowledged that did sign the foregoing instrument and that the same is free act and deed as such and is the free act and deed of said IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of rrr. .2002. My commission expires: Notary Public {H0167170.1 } t-tti-1.5-~aa~ 14 ~ a4 l.1 1 Y Ur llUtiL 1 N 11CV . bl4 (b l bJUb I"' . U' G/ uJ I?ESCRIP110N OF A 10' GAS EASEMENT e~ Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of Vrginia Military Survey No. 3453. Being part of Reserve "F" of Ballantrae subdivision Section 2, Part 1 as recorded in Plat Book 98, Pages 44-48 All references to records being on file in the Offiet of the Recorder, Franklin County, Ohio. Commencing of an iron pin found at the intersection of Dolmore Lane and Royal Dublin Drive. Thence otong tl centerline of Dolmore Lane, North 84'13'42° East a distance of 43.00 feet to a point. Thence perpendicular to said centerline South 05'46'18" East, a distonce of 3200 feet to a point on the right of way of Dolmore Lane, said point being the True Point of Beginning; Thence from said True Point of Beginning South 05'46'18" East, a distance of 98.00 feet to a point; Thenoe with a curve to the left having a length of 123.39 feet, o radius 132.00 feet, a delta of 53'33'23", and chord bearing South 32'33'00" East, a distance of 118.94 feet to a point; Thence South 85'22'35° East, a distance of 904.27 feet to a point; Thence North 84`13'42" East, a distance of 292.89 feet to a point; Thence South 77'15'09' East, a distance of 41.36 feet to a point; Thence South 13'26'25° West, a distance of 9.31 feet to a point; Thence with a curve to the right having a length of 331.11 feet, a radius of 268.00 feet, a delta of 10'47'17", and a chord bearing of South 41'09'56" East, o distance of 310.45 feet to a point; Thence South 05'46'18° East, a distance of 18.00 feet to a point; Thence North 50'46'20" West. a distance of 14.14 feet to a point; w~ Thence North 05'46'18" West, a distance of 8.00 feet to a point; Thence with a curve to the left having a length of 331.77 feet, a radius of 258.00 feet, a delta of 73'32'4-0", a a chord bearing North 42'32'38" Wast, a distance of 308.90 feet to a point; Thence North 34'15'33" Weat, a distonce of 9.69 feet to a point; Thence North 12'44'51" East, a distance of 2.84 feet to o point; Thence North 77'15'09" West, a distance of 20.00 feet to a point: Thence South 84'13'42" West, a distance of 292.97 feet to a point; Thence North 85'22'35" West, a distance of 107.44 feet to a point; 'T'hence with a curve to the right having a length of 135.09 feet, a radius of 142.00 feet, a delta of 54'30'22", and a chord bearing of North 33'01'29" West, a distance of 130.05 feet to a point; Thence North 05'46'18° West, a distance of 8.00 feet to a point; Thence North 39`13'42" East, o distance of 14.14 feet to Point of Beginning and Containing 9,375.37 SQ. FT. (0.215 ACRES). , This Exhibit is drawn for the Unlimited Uae of COLUMBIA GAS OF OHIO, INC. to Identify the JOB NUMBER Easement Location and is not intended to JOB ORDER 908T1717 represent an accurate survey of the Property. 01-0131645--OQ COMPANY COLUMBIA GAS OF OHIO, INC. WORK ORDER 107-555-WP1654--13~ PROJECT LOCAl10N 10' NON-EXCLUSIVE GAS PIPELINES EASEMENT ON THE CITY OF DUBLIN PROPERTY OF CITY OF bUBLIN, OHIO. cquNTY FRANKLIN STATE OHIO DATE ENGINEER MAPS CK'p 9Y DRAIMNG NO. 02/12/02 HOCKADEN & ASSOC. ~ of ~ 7312436H MLT EXHIBIT A SCALE TECHNICIAN N A JL ~'tYl-1.3-c'b10~ 14 ~ 17J l,1 1 T UI- LUtSL 11Y LCV . 014 f Ol o7VJO r . 1JJ/ YJJ LEGEND £ASEMENT AREA = 9375.37 SQ. f COLUMBIA GAS OF OHIO, INC. 0.215 ACRE 10' NON-EXCLUSIVE PIPELINES Ne R~qp EASEMENT. TEM w Aa a,;• r~r:: -NEW oa BALLANTRAE PLACE ~ CURVE TABLE oAt~t ~ CURVE RADIUS CHORD BEARING CHORD DELTA ~:E 'rnYStDE ctRCt.E ~ CT 132.00 S 32'33'00" E 118.94 83'33'23" ROYAL DUBLIN DR a RINGS ROAD fl C2 268.00 S 41'09'56" E 310.45 70'47'17" C3 258.00 N 42'32'38" W 308.90 73'32'40" C4 142.00 N 33'01'29" W 130.05 54'30'22" ~ SI~',~' ~ l ~ ~ ~ VICINIT ~ 11GfA.rp ~ ~ ~ ~r.+ NOT TO SCALE = ~ ~ ~ r- ~ o ~ . in l~rfr L6 ~ m vWi R/yy J~ . ^ ti-~ _.r -a f?I VE cJb ~ ROYAf_~ D ~ V • : ~ LINE TABLE ~ ~~~f-r~~' N LENGTH BEARING so PROPOSED 8' EASEMENT . • / ~ ~ L1 1$.00 S 05'46'18" E ~ , L2 104.27 5 85'22'35" E aa°s ' L3 292.89 N $4'13'42" E i L4 41.36 S 77`i 5'09" E A ~ . / L5 9.31 S 13'26'25" W °°o PROAO~ l I/ L6 18.00 S 05'48'18" E ~~s~M~Nr~ ' L8 1s.oD N X0'46'20" w V~ _ ~ ~ ~ a4~~~e?~o~~eu~~~a~~ar N 05'46'18" W . 0 L9 9.69 N 34'75'33" W ti ~ ~ _1~ t~ y L10 2.84 N 12'44'51" E 1 f._ ~ • KJ~ ~ L11 20.00 N 77.15'os" w ~~~,~~I ~ a ~ •-t ? C. L72 292.17 S 84`13'42" W ~Q• a ~ ~ ~ ~ ~ a _ ~ yrri;~! _ L13 107.44 N 85'22'35" W ~ ~n>-.~'~. ~ I _ ~ ~ ~ ~ L14 8.00 N 05.46'18" W ~~~ai°o w. ~ r.~ s • , •c L15 14.94 N 39'13'42" E ter. \ ~O~iy"4~c~2 ~ ~ ~ f- l/: r • O ~ d 1 WI ~ IJ ~ ~I HOCKADEN AND ASOCIATES, INC. at z ~ CONSULTING EN INFER AND SURVEYORS - o a~ ~ ' `N ~ ~ ~ Frank C. Long a: ~ ~ ` Professional Surveyor No_ 6615 ~ w ~ a THIS EXHIBIT WAS PREPAREb FROM o EXISTING DEEDS AND PLATS (PLAT BOOK Lu y ai Q0 ti y ~ ~ 4 98, PAGES 44-48 AND iNSTR. # ~ ' 200111190267931, FRANKLIN Co. RECORDS). J ~ ~j o ~ ~ j ~ ~ ~ NO ACTUAL F1ELD SURVEY WAS PERFORMED , 1' Qy ~ ~ ~ dd BY HOCKADEN & ASSOCIATES. w 1t,.11 ~ ~ ' J~~ p LL' iI ~t ~ / m vi v ~ ; {I pj ~ THE BEARINGS ARE BASED UPON THE PLAT I ~r. ~t xt ' OF BALLANTRAE SECTION 2 PART 1 AND ° o° `t o. t 4 ~nY~ t ~ G~ - INFORMATION SUPPLIED BY EMW3cT. 7 - L~~ - !y.' ~~UNRE~~_r.- GRA1'H1G SCAI,}+; _ _ -'-}r~,,,s WYNVERN LANE ~y. ioa- °o -_'~--~...r-- i _ ~ This Exhibit is drawn for the Unlimited Use of COLUMBIA GAS OF OHIO, INC, to Identify the 1 inch = 100 ft. JOB NUMBER Easement Location and is not intended to JOB ORDER 908_1717 represent an accurate survey of the Property. 01-0131645-00 COMPANY COLUM131A GAS QF OHIO, INC. WORK ORDER 107-555-WP1654-13: PROJECT LOCATION 10' NON-EXCLUSIVE GAS PIPELINES EASEMENT ON THE CITY OF DUBLIN PROPERTY OF THE CITY 01= DUBLIN, OHIO. couNTY FRANKLIN STATE OH 10 l~A ENGINEER MAPS CK'0 BY DRAWING NO 2 12/2002 HOCKADEN & ASSOC. 1 of 2 7312436H MLT EXHIBIT A SCALE TECHNICIAN 1" = 100' B1LL SNIVELY