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HomeMy WebLinkAboutOrdinance 013-16RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 13-16 Passed 20 AN ORDINk NCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0,092 ACRE® MORE OR LESS, PERMANENT EASEMENT AND A 0m076 ACRE, MORE OR LESS, TEMPORARY EASEMENT FROM THE BOARD OF EDUCATION OF THE HILLIARD CITY SCHOOL DISTRICT, FOR THE PROPERTY LOCATED AT THE CORNER OF RINGS ROAD AND EITERMAN ROAD FOR THE PUBLIC PURPOSE OF ROADWAY CONSTRUC7770N AND RELATED IMPROVEMENTS, WHEREAS, the City of Dublin (the "City' } is preparing to construct Phase 2 of the Churchman Road roadway project, which will include the construction of a roundabout at Churchman Road and Rings Road, and related public improvements (the "Project'7; and WHEREAS, the Project requires that the City obtain certain property interest from Franklin County Parcel No. 274 -0001 21 owned by the Board of Education of the Hilliard City School District (the "Grantor"), said property interest more fully described in the attached Exhibit "A" and depicted in the attached Exhibit "B-" and WHEREAS, the City and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of $6,875.00; and WHEREAS, the City desires to execute necessary conveyance documentation to complete the transaction between the City and the Grantor. NOW,, THEREFORE., BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1, The City Manager is hereby authorized to execute all necessary conveyance documentation to acquire a 0.092 acre, more or less, permanent easement, and a 0.0V6 acre, more or less, temporary easement for 18 months, commencing on the date construction begins, from the Board of Education of the Hilliard City School District, for the sum of $6,8V .00, said property interest located within Franklin County Parcel No. 274-000121, and more fully described and depicted in the attached Exhibits "A" and "B." Section 2. This Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate offlicers of the City to take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. I/ Pas this da f 2016. ayor — PYesiog Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkwayo Dublin, 01143017-109* U` I* ty o f D u b lip n Phone: 614-410-4400 614-410-4490 Cit To:, Members of Dublin City Council el` 7 From: Dana L. McDaniel, City Mana Date.,, March 3, 2016 Initiated Barbara A. Cox, PE, Acting Director of Engineering/City Engineer TT By,*. Michael S. Sweder, PE, Civil Engineer Philip K. Hartmann, Assistant Law Director 0- The City of Dublin ("City") is preparing to construct a single lane modern roundabout at th intersection of Rings Road and Churchman Road, which includes the extension of a shared-us path to Eiterman Road, as a part of the Churchman Road — Phase 2 project (the "Project") x The City is obtaining certain property interests from various landowners to construct th project. The Board of Education of the Hilliard City School District (the "Grantor") owns property from which the City desires a permanent easement and a temporary easement. This property is located at 5675 Eiterman Road, Dublin, OH 43016 and is identified as Franklin County Parcel No. 274-000121 4 After engaging in amicable discussions, the City has come to an agreement with the Grantor to acquire the property for the value of Six Thousand Eight Hundred Seventy Five Dollars ($6,875.00), pursuant to the terms outlined in this memorandum. The City will be acquiring from the Grantor only the property interest necessary for purposes of the Project, as depicted in the legal description and depiction attached to this memorandum. The City will be acquiring the property interest for 10% above its appraised value based on the Grantor's counter-offer. The property interest is detailed below., Memo re. Ord. 13-16 - Hilliard City School District Settlement — Churchman Road — Phase 2 March 3, 2016 Page 2 of 2 In the interest of moving forward with the Project, the City believes it is prudent to accept the Grantor's counter-offer, RECOMMENDATION Ordinance No. 13-16 would authorize the City Manager to execute all necessary conveyance documentation to formally acquire the necessary property interest described above. Staff recommends that Council approve Ordinance 13-16 at the second reading/public hearing on April 11, 2016. Portion above reserved for Counq, Recorder, Engineer and Auditor's Offices Use PERMANENT EASEMENT FOR UTILITIES., GRADING, AND SHARED-USE PATH BACKGROUND INFO RMA"riON WliEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No. 274-000121 (the "Grantor's Property"); WHERE,AS, Grantee desires a permanent easement over those portions of the Grantor"s 10 1 Property legally described on the attached Exhibit "'A" and depicted on the attached Exhibit ' B" (the "Easement Area") -for the purpose of utilities, grading, and a shared-use path; and OnIHERE AS, Grantor desires to grant a permanent easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement: and V NOW, 'F11EREFORE, for good and valuable consideration, the receipt and sufficiency o-L which. are hereby acknowledged, the partiesagree to the foregoing Background Information and as follows: t.. Relationship of Parties. Nothing contained herein shall. be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint vent-Lire between the parties- it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any W relationship other than grantor and grantee of the rights and easements set forth herein. 4. Severabilitv. In the event any provision of this Easement shall be held invalid or unenforceable 'by any court of competent jurisdiction, such holding shall not inval idate or render unenforceable any other provision hereof. CgPtions and Pronoun Us&e. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. -V-1 * 6. Governing L aw. `-i -nis Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. ,rhis Easement, or any easement or covenant set forth herein, may not be amended,, terminated, rescinded or otherwise modified, in whole or in part,, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County, Ohio with reference made to this Easement. ® Benefit. This Easement shall run with. the and and inure to the benefit of and be binding upon the parties hereto and their respective heirs,., executors, representatives,,, successors and assigns. 9. Authori�y. Grantor represents and warrants that 'it has the full right and authority to enter into this Easement and grants the rights hereby conveyed to Grantee. w IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth Board of Education of the Hilliard City School District 0 M City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager CfA Cw vo 0-v eC.,a Foll 0 1T`LVG PA GL',,) N STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this -- day of 2016, before me,, the subscriber., a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the CITY OF DUBLIN, OHIO', an Ohio municipal corporation, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal coqioration. INTESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. STATE OF 01110 COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of ! 201.6, before me, the subscriber., a Notary Public in and for said County,, personally came the above named the of Grantor 'in the foregoing Easement, and acknowledged the signing of the same to be his/her voluntary act and deed for and on behalf of Board of Education of the Hilliard City School District. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my offici seal, on the day and year last aforesaid. *1 1 This Instrument Prepared By Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 4828-9504-3355, v. I 3 Portion above reserved for County Recorder, Engineer and Auditor's Offices tise THIS TEMPORARY CONSTRUCTION EASEMENT (the "Easement") is made and entered into day of 2016, by and betNkreen the Board of Education of the Hilliard City School District ("Grantor"), whose tax mailing address is at 5323' Cemetery Road, Hilliard, Ohio 4.3026., and the City of Dublin, Ohio, an Ohio municipal corporation ("Grantee"), whose mailing address is 5200 Emerald Parkway, Dublin., Ohio 4301.7. BA 'KG ROUNDIN FOR. A"FION WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No. 274-000121 (the "Grantor"s Property"); WHEREAS, Grantee desires a temporary easement over those portions of the Grantor's Property legally described on the attached Exhibit "A" and depicted on attached Exhibit "B (the "Easement Area") for a period of eighteen (18) months, commencing on the date con n tion beino, for the purpose of construction and grading related to the construction of a roadway, utilities, and related improvements; and V�HEI�EAS, Grantor desires to grant a temporary easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement. NOW, THEREFORE, for good and valuable consideration., the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Infon-nation and as follows: 2. RelatiopLhip of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties., it being understood and agreed that no provision contained herein or any r the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 4. Severabilitv. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competentjurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 5. C tions and. Pronoun Usacre. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement or covenant set forth herein"!, may not be amended, terminated, rescinded or otherwise modified,, in whole or in part, except bNr a xNTitten instrument executed by the parties hereto with reference made to this Easement. 8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding 'upon the parties hereto and their respective heirs, executors., representatives, successors and assigns. 9. Authorily. Grantor represents and warrants that it has the full right and authority to enter 0 into this Easement and grants the rights hereby conveyed to Grantee. IN WFINESS WtIFRF-',',OF. the parties hereto have set their hands as of the date set forth GRANTOR: GRANTEE: ON TIIEF()LL0IV1.VCY PAGE-) M STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this dav of 2016, before me. the subscriber, a Notary Public in and for said county and state. personally came Dana L. McDaniel, City Manager of the CITY OF DUBLIN, OHIO, an, Ohio municipal corporation, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and vear last aforesaid. W Notary Public STATE OF OHIO COUNTY OF FRANKLIN )SS.- BE IT REMEMBERED, that on this day of 2016, before me,, the subscriber, a Notary Public in and for said County, personally came the above named the of Grantor in the foregoing Temporary Easement, and acknowledged the signing of the same to 'be his/her voluntary act and deed for and on behalf of the Board of Education of the Hilliard City School District. IN TE'STIMONY WmREOF, I have hereunto subscribed my name and affixed my offici seal, on the day and year last aforesaid. i This Instrument Prepared By-, Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus', Ohio 43215 4827-5841-7952. v. I I EXHIBIT "A" 22 -P DESCRIPTION OF A 0.092 ACRE PERMANENT EASEMENT FOR UTILITIES, GRADING AND A SHARED -USE PATH Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey (VMS) number 3453, being part of that original 31.2167 acre tract of land described in a deed to Board of Education of the Hilliard City School District, of record in Instrument Number 200111140263522, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, said parcel being more particularly bounded and described as follows: Commencing for reference at a MAG nail set on the existing centerline of right -of -way for Rings Road, being the southwest corner of the Roadway Dedication Plat of Eiterman Road, Rings Road, Easements, and the vacation of a 20 foot Storm Sewer Easement, as recorded in Plat Book 111, page 46, and being the southeast corner of that 10.000 acre tract of land described in a deed to Northwest Chapel Grace Brethren Church, of record in Official Record 8660 G12; Thence North 02 degrees 01 minute 30 seconds West, along the west line of said Dedication Plat and along the east line of said 10.000 acre tract, a distance of 35.00 feet to the existing north right -of -way line for said Rings Road, as established by said Dedication Plat, said point being the southwest corner of the grantor's land, and said point being the TRUE POINT OF BEGINNING for the herein described path easement; Thence North 02 degrees 01 minute 30 seconds West, continuing along the west line of the grantor's land and along the east line of said 10.000 acre tract, a distance of 10.00 feet to and iron pin set; Thence across the grantor's land along the follow five (5) described courses: 1. North 88 degrees 00 minutes 41 seconds East, parallel to and 10.00 feet by perpendicular measure from the north right -of -way line for said Rings Road, a distance of 228.00 feet to an iron pin set; 2. North 72 degrees 11 minutes 19 seconds East, a distance of 36.84 feet; 3. North 88 degrees 00 minutes 41 seconds East, a distance of 58.00 feet to an iron pin set on the existing west right -of -way for Eiterman Road, as established by said Dedication Plat; 4. South 05 degrees 44 minutes 56 seconds East, along the existing west right -of -way line for said Eiterman Road, a distance of 20.09 feet to a point on the existing north right -of- way line for said Rings Road; 5. South 88 degrees 00 minutes 41 seconds West, along the existing north right -of -way line for said Rings Road, a distance of 322.76 feet to the TRUE POINT OF BEGINNING for the herein described path easement. The above described path easement contains a total area of 0.092 acres is located within located within Franklin County Auditor's parcel number 274 - 000121. The bearings described herein are based on Grid North (reference North 83 degrees 49 minutes 54 seconds East for the centerline of Rings Road between Franklin County Geodetic Survey monuments 0049 and 7747) as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey. Page 1 of 2 Iron pins set are 30" by 5/8" diameter rebar with caps stamped "Structu repo int -PS 8438 ". The above described path easement was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438 on July 10, 2015, is based on an actual survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief. American Structure point, Inc. • .,*** �-� 0 Brian P. Bingham, PS Registered Professional Surveyor No. 8438 0-110-F 9A.Ap C.T .. AISCIS.C4 NMA& 0 uO 7 U W�� o %-V a �- CZ�y) Izl DESCRWEX ON VERMED DEAN C. RINGM, P.E., P.S. y�N goo BY; DATE `�� , , .... , . P,. ., O • BRIAN P. • BINGHAM dO • _ • oc• • • ; 8438 :o i. dP • A�•'Sr,��.� ���1Ap1�0SA JZ? zr Date Page 2of2 PROJ. NO. _ _1.3.517 ■� EXHIBIT "B" 1, �/ 22 -P h� DRAWN BY: '� JW O AMkWICAN 2550 CORPORATE EXCHANGE DR, STE300 0.092 AC. PATH EASEMENT ON STRUCTUREPOINT COLUMBUS, OH 43231 CHECKED BY BPB rvc TEL 614.901.2235 FAX 614.901.2236 ACQUIRED FROM www.structurepoint.com BOARD OF EDUCATION OF THE DATE: tizi2o15' HILLIARD CITY SCHOOL DIST SI TUA TED IN THE S TA TE OF OHIO, COU I T Y OF FR A NKL IN CI T/ Y OF DUBLIN, L 0 C i ED IN VIRGINIA IWILI TAR Y SURVE Y NUMB FR .34.53 PIDp 2 74- 000121 BOARD OFFDUCA TION OF THE HIL L IA RD CITY SCHOOL D_TS TRI C T I.N. 200111140263522 31.21 6 7 A C. (ORI GINA L) ti .4.ti 58.00' =� N 8 8° 00/ 41" E CT 36.84' rn x N 72° 11' 19" E 10.00' N 020 01' 30" W N 880 00' 41" E 228.00` 880 00`41" W 322.76' 20.09 r~ POINT OF _ ` rt'��ra!i BL- GINNING n , ►. - - -- __ ±.. - fVI C.�V p i,�r��i. � r r J�1 � � rl �' •J •(' jr � 35.00` r' N 02° 01 30// W f POINT of 0.092 A C. ,' • rd .N S" MAG AMIL SET RE f L HENCE 5,-"'B„ r PIN E r u ,- PA TH EA SEMEN T I' .R,_,N . rJv ,� T ;4, ,i�P "5 RteTUREF0 ; n . 8 8: + � r _ r U F. F. c [PE F l r N f,' t� t_• i' 74 t' CR-Z I ,, ; ARV COUNT', Lr t DE TIC r, ' h : � UB.iE (: % rr A Bi_ AAfh: E T LINE 1..: +__ . �. f1V FA i'()R ter CO (Aff',,;:1 ( >.? I� '�' "qiG. 50' 0' 50 IN B , b' . 4'. i 4► , !'A rL �i % ?. c A 1'..) B,� A!� �, �h:: Sc a (e : l" = 50' !Hl- HI AH;IVII,;�i SHC%WN j!Lh'L.ON /f;'C 64�i-L; C•',.l I.tit SEARING OF N :t';' 4C 54" E* FOrr 7 r / I r� f 1 ! 1 �) (' Jj /'r �. !! �'. �r r r7 ,`f' n T ..,i r i f r- r, I //, t✓L/1, / r , ftiL .j r r, 'iu rt AL , �; r EI' C,- E►+- ','El,. , (, I w... OHIO a l .A T E Rl- A!VE r r r r CO ORl +lf'�l .: �r T � / / ; r f NORTH C' ' % r 8 �` ,,r O�► �r•`, �� 4 1 r r Et4l (.; J,✓ -j, w 4.., �<<, a, �!� THE E- , ,rG�t� i f! .:1 A -!� R� SAN �.A f (.�,ti� C�!: 1 n z r � � (;•'l/ �. I IrY <' Ip + I C. l ( I �I +c,;j f1 I J +� + I� f.. -* r , � / ) j .r^ , r �..�..�� � mac A�U��, ,��.n►r. a., ,..afar � � _ I�'�F'r .�K,c��,� � %,rii; yf f,4ai,fi 1. i, ^,; 1. C,'Und ! f i�li� / %v'f.. L + `S cif r 1 uL PUB/ :: JI 0 1114, ONUVEIV T.S "k)04V .:. A,��E; ,.• j FZI ; ,.,. ��► � • BRIAN P. T' �� �� v j► r l BINGHAM r /- r7 L7 CC' ; r.^ j j n � , T C' �` � r �• J r J �, � J r t -I G . .. .) I �, W ! I �: / I r l + , / _.) + 1. r 1 [.. , i. , _ t L fa J a l� I �J A L I JL L l� _ � ,,,/,K �• L Y • • �. 01;" TH'- R f: J wF' L- ? [. l A I I �i • r f UH L+ -• f N I , ! V� .. A VL � ♦ •• .. r .ter _ ti!� .J ....a � f.'RF .:1F.M�. L� B ►' J'1,tily N, G AJ J ., , I �; , c 1 !` P �w 843$ • � i i NL! A4 (, i .'F'4!- l- i j.+ �� T �F � a Y' r ') ► E' 7� "E AND Rh j rF �- �, 9 Q ••� 00 &'ONAL .Ftjr�!`J F'. t�INl.N t►!, R. i. Nf.�. ,AS' i tirr� - -- ,7. f C u 1 ' ` ! 1 L 1 l V %� r 1 EXHIBIT "A" 22 -T DESCRIPTION OF A 0.076 ACRE TEMPORARY CONSTRUCTION EASEMENT TO PERFORM GRADING Situated in the State of Ohio.. County of Franklin, City of Dublin, located in Virginia Military Survey (VMS) number 3453, being part of that original 31.2167 acre tract of land described in a deed to Board of Education of the Hilliard City School District, of record in Instrument Number 200111140263522, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, said parcel being more particularly bounded and described as follows: Commencing for reference at a MAG nail set on the existing centerline of right -of -way for Rings Road, being the southwest corner of the Roadway Dedication Plat of Eiterman Road, Rings Road, Easements, and the vacation of a 20 foot Storm Sewer Easement, as recorded in Plat Book 111, page 46, and being the southeast corner of that 10.000 acre tract of land described in a deed to Northwest Chapel Grace Brethren Church, of record in Official Record 8660 G12; Thence North 02 degrees 01 minute 30 seconds West, along the west line of said Dedication Plat and along the east line of said 10.000 acre tract, (passing at a distance of 35.00 feet the north right -of -way line for said Rings Road and the southwest corner of the grantor's land), a total distance of 45.02 feet to an iron pin set on a proposed path easement for said Rings Road, said point being said iron pin set being the TRUE POINT OF BEGINNING for the herein described temporary easement; Thence North 02 degrees 01 minute 30 seconds West, continuing along the west line of the grantor's land and continuing along the east line of said 10.000 acre tract, a distance of 11.00 feet to a point; Thence across the across the grantor's land along the following three (3) described courses: 1. North 88 degrees 00 minutes 41 seconds East, a distance of 211.00 feet to a point; 2. North 01 degree 59 minutes 19 seconds West, along a line perpendicular to the previous course, a distance of 5.00 feet to a point; 3. North 88 degrees 00 minutes 41 seconds East, along a line perpendicular to the previous course, a distance of 109.06 feet to a point on the existing west right -of -way line for Eiterman Road, as established by said Dedication Plat; Thence South 05 degrees 44 minutes 56 seconds East, along the existing west right -of -way line for said Eiterman Road, a distance of 5.97 feet to an iron pin set on a proposed path easement for said Rings Road; Thence across the grantor's land and along a proposed path easement along the following four (4) described courses: 1. South 88 degrees 00 minutes 41 seconds West, a distance of 58.00 feet to an iron pin set; 2. South 72 degrees 11 minutes 19 seconds East, a distance of 36.84 feet to an iron pin set; 3. South 88 degrees 00 minutes 41 seconds West, a distance of 228.00 feet to the TRUE POINT OF BEGINNING for the herein described temporary easement. The above described temporary easement contains a total area of 0.076 acres is located within located within Franklin County Auditor's parcel number 274 - 000121. Page 1 of 2 The bearings described herein are based on Grid North (reference North 83 degrees 49 minutes 54 seconds East for the centerline of Rings Road between Franklin County Geodetic Survey monuments 0049 and 7747) as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey. Iron pins set are 30" by 5/8" diameter rebar with caps stamped "Structurepoint -PS 8438 ". The above described temporary easement was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438 on July 13, 2015, is based on an actual survey performed by American Structu repo int, Inc., and is true and correct to the best of my knowledge and belief. American Structurepoint, Inc. w rian P. Bing am, PS Registered Professional Surveyor No. 8438 %0% %11111088,0 %S a 4 BRIAN P. • BINGHAM - . cc 8438 AL r � • i ate Page 2 of 2 'ROJ . NO. 13.517 EXHIBIT " )RAWN BY: MJW p 22 -T AMERICAN 255o CORPORATE EXCHANGE M. sTE 300 0.07 6 AC. TEMP E A S E M E N 1 I ■ STRUCTUREPOINT COLUMWS. OH 43231 :NECKED BY BPB . TEL814.901.2M FAX614.o01.Z238 ACQUIRED FROM wstucw"°� c^ BOARD OF EDUCATION OF THI - I ►ATE: 7ezezols "'" HILLIARD CITY SCHOOL DIST SITUA TED IN THE STATE OF OHIO, COUNTY OF FRANKLIN CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SUR VE Y NUMBER 3453 PID: 2 74- 000121 1 BOARD OF ED UCA TION OF THE HILLIARD CITY SCHOOL DISTRICT I.N. 200111140263522 Z-Z rri 31-2167 AC. (ORIGINAL) r U, Z --Tj DD p �` O ° t) cn - PID: 2 ?4- 000116 -� NORTHWEST CHAPEL -p 0.0 76 A C . GRACE BRE FEREN CHURCH cn O.R. 8660 G12 TEMP EASE. --� o, 10.000 AC. I 110.06' N 880 00' 41" E 5.00' X POINT OF N 01° 59' 19" W x BEGINNING 11.00/ N 020 01' 30" W .97' N 880 0 0' 41" E 211.0 0 I.P.S. 0o' 41" W 228.00' -s E R/W Ex 10 . o o' RING-7S �s Pc ° 6 P.B. P �5 . N 020 01' 30" W X60 R ;�w WIDTH) 36.84' 35.00' S 72° 11' 19" W N 020 01' 30" W 58.00' POINT OF 5 880 00' 41" W REFERENCE • M.N.S. MAC NAIL SET 5/8" IRON PIN SET WITH CAP I.P.S. "STRUCTUREPOINT -PS 8438" (j I .P .F . IRON PIN FOUND ' @ P.F. IRON PIPE FOUND 50' 0 l 50' ® FRANKLIN COUNTY GEODETIC SUR VE Y MONUMEN T BASIS OF BEARING= Scale: Y/ = 50/ THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING OF N 830 49' 54" E FOR THE CENTERLINE OF RINGS ROAD, AS REFERENCED TO THE OHIO S TA TE PLANE COORDINA TE SYSTFM (SOUTH ?ONE1 AND THE NORTH AMERICAN DA TUM OF 1983 (2007 % � P/VF ��� P.l;.OF ADJUSTMENT) AS ESTABLISHED UTILIZING A CPS SURVEY ORIGINATING ON FRANKLIN �� °6 ��•'• '• /V COUNTY ENGINEER'S OFFICE. PUBLISHED MONUMENTS "0049" AND 17747 ". ,•. BRIAN P, dp I HEREB Y CER TIF Y THA T. GH GINGHAM GIN THIS DRAWING REPRESENTS THE RESUL TS OF AN ACTUAL FIF. 1_D SURVEY ` OF THE PREMISES PERFORMED B Y AMERICAN S TRUC TURE_POI�d T, INC., AND IS TRUE' AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ,. 4+ 0 .. �'� •''��Q�8T���O'• �� 100 •ItI1 ��� RIAN P. BIN NAM, P.S. 8438 DA TE AMERICAN STRUCTUREPOINT, INC. SHEET I OF I WHEREAS, Purchaser is preparing to construct Phase 2 of the Churchman Road roadway project. which will include the construction of a roundabout at Churchman Road and 1W Rlmzs Road, and related improvements (the "Project"), which necessitates the acquisition of a 6-11 1 permanent easement and temporary easement over property owned by Seller, as more particularIv described herein', and WHEREAS, a rom Seller a permanent easemnt an Purchaser grees e to purchase f temporary easement for eighteen (1, 8) months, commencing on the date construction begins (th *igEasements"'), for construction of the Project as described in Exhibits A and depicted in Exhib"it B, and Seller agrees to sell the Easements to Purchaser pursuant to the terms set forth in thR, Agreement. NOW.. TIJEREFORE!, in consideration of the mutual promises, agreements and covenants herein contained., the Parties agree as follows.- Price and Consideration fA Purchaser shall pay to Seller the sum of $6,875.00 (the "Easement Payment"), whic W Easement Payment shall constitute the entire amount of compensation due to Seller for.- (a) th I Easements; (b) any and all damages to any residual lands of Seller; and (c) Seller's covenants s forth herein. I 2. Deed of Easement Seller shall, within five ( ' 5) business days after the execution of this Agreement,, execut and deliver to Purchaser a permanent easement and a temporary easement. The easements sha be by good and sufficient easement instrument regularly and ordinarily used to transfer suc rights, titles, and estates, with if applicame, f fll release of dower. The Easements shall b su�ject to a reservation of any existing access to the Sellers' , s property. 3. Supplemental Instruments Seller agrees to execute any and all supplemental instruments or documents necessary to vest Purchaser with the ricyhts., titles, and interests described. in ExhibitsA and depicted in Exhibits B. Warranty of Title Condition Precedent IN WITNESS WHEREOF, the Parties hereto have executed thi's Agreement on the date(s) indicated immediately below their respective signatures. PURCHASER THE CITY OF DUBLIN, OHIO Dana L. McDaniel, City Manager STATE OF OHIO couNTY OF FRANKLIN ) SS: BE rr REMEMBERED, that on this day of 42*10 16, before Mel the subscriber, a Notary Public in and for said countv and state, personally cai-n.e Dana L. McDaniel, City Manager of the CITY OF DUBLIN, 01-110, an Ohio municipal corporation, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal. corporration. INTESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. SJGN,4 TURE & ACKNOWLEDGEMP-Ar-T ON 17JE ,rte 4"ELLER Z� Board of Education of the Hilliard City School District By-_ Its Print Name: Date: COUNTY OF FRANKLIN' ) SS: 0127206.0607928 4815-0045-7257vl