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
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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")
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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
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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.
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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
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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',,)
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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.
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Brian P. Bingham, PS
Registered Professional Surveyor No. 8438
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Page 2of2
PROJ. NO. _ _1.3.517 ■� EXHIBIT "B"
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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)
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36.84' rn
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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'
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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.
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rian P. Bing am, PS
Registered Professional Surveyor No. 8438
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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
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- 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
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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