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HomeMy WebLinkAboutOrdinance 007-17RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 07 -17 Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.002 -ACRE, MORE OR LESS, PERMANENT EASEMENT FROM CYNTHIA A. SOURS- KOREHART, FROM THE PROPERTY LOCATED AT 98 GRANDVIEW DRIVE FOR THE PUBLIC PURPOSE OF CONSTRUCTING STORM WATER AND DRAINAGE IMPROVEMENTS. Form No. 30043 20 WHEREAS, the City of Dublin (the "City ") is preparing to construct storm water and drainage improvements in the Mid - Century neighborhood (the "Project "); and WHEREAS, the Project requires that the City obtain a permanent easement from Franklin County Parcel No. 273 - 000237 -00 owned by Cynthia A. Sours- Morehart (the "Grantor "), said easement more fully described in the attached Exhibit A and depicted in the attached Exhibit B; and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the donation of the necessary easement; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transaction between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documents to acquire a 0.002 -acre, more or less, permanent easement from Cynthia A. Sours- Morehart, said easement located within Franklin County Parcel No. 273- 000237 -00, and more fully described and depicted in the attached Exhibits A and B. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance. -- ;e with 4.04(b) of the Dublin Clerk of Council , 2017. ,AIN ZAP ."0'1* AryC 1A.,,,j o ub C.1 Office of the Cit­yr Manager 5200 Emerald Parkway # Dublin, OH 43017-1090 Phone: 614-410-4400 * Fax: 614-410-4490 L To,: Members of Dublin City Council From: Dana L. McDaniel, City Mana 1�4�a Date: March 9, 2017 InKI"ated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Michael S. Sweder, PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director Re.: Ordinance 07-17 - AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.002-ACRE, MORE OR LESS, PERMANENT EASEMENT FROM CYNTHIA A. SOURS-MOREHART, FROM THE PROPERTY LOCATED AT 98 GRANDVIEW DRIVE FOR THE PUBLIC PURPOSE OF CONSTRUCTING STORM WATER AND DRAINAGE IMPROVEMENTS. The City of Dublin (the "Clty'� is preparing to construct street improvements in the Mid-Century neighborhood (the "'Project'� including storm water and drainage improvements. The City is obtaining easements from various landowners to construct the Project. This Project requires that the City acquire a permanent easement from Cynthia A. Sours-Morehart (the "Grantor") from the property located at 98 Grandview Drive, identified as Franklin County Parcel Number 273-000237-00. [-he City and the Grantors participated in good faith discussions and the Grantors have agreed to donate the easement to the City. The appropriation consists of a 0.002-acre, more or less, permanent easement. Ordinance 07-17 would authorize the City Manager to execute all necessary conveyance filocuments to formally acquire the necessary easement described above. Staff recommends that Council approve Ordinance 07-17 at the second reading/public hearing on March 20, 20179 Parcel 74 Iof Dublin OHIO, USA Cynthia A. Sours- Morehart 98 Grandview Drive Dublin, OH 43017 o zs so 100 Feet 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 74 -S GPD GROUP® MID - CENTURY NEIGHBORHOOD STREET IMPROVEMENTS FRANKLIN COUNTY LEGEND: WASHINGTON TOWNSHIP P.O.B. POINT OF BEGINNING 7q CITY OF DUBLIN P.O.C. POINT OF COMMENCEMENT SOURCYNTHIA A. SURVEY NO. 2419 O° P.F. 314' PIPE (FOUND) 273- 000237 -00 VIRGINIA MILITARY 01.P.F. 518'REBAR (FOUND) LOT 5 INST. •20I4 0 6130 0 74458 DISTRICT 20 D iD 20 1 INCH = 20 FT. N COULD ADDITION NO. 2 P.B. 27, PG. 73 DOUGLAS R. DANFORTH 74 273 - 000238 -00 CYNTHIA A. SOURS- MOREHART LOT 6 273- 000237 -00 INST. *200411160262767 LOT 5 9 O.R. 18211, PG. J20 INST. #201406130074458 3/4' N 86 N 87 °35'03" W �LP F PERTINENT DOCUMENTS USED: 1. GOULD ADDITION NO. 2 - P.B. 27, PG. 73 BASIS OF BEARINGS: S 87 °35'03' E 10.00' N 02'2457'E 10.00' S 87 30.00' 0.002 ACRES 74 -S 5 02 °24'57' W 10.00' N 10. GRAND VIEW DRIVE - 50' R/W P.B. 27, PG. 73 BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEERS MONUMENT 'FRANK73' AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT NUMBER 7764 BEING S 08 °04'15' W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (2011). Ex R /W- SOF f✓} STEVEN Q L. MULLANEY ,0. 7900 .c) vIS� `_ DA TE GPO JOB NO.2016085.02 EXHIBIT A Page 1 of 1 CIP 16- 014 -CIP PARCEL 74 -S PROJECT MID- CENTURY Version Date 09/13/2016 PARCEL 74 -S DESCRIPTION OF A PERMANENT STORMWATER AND DRAINAGE EASEMENT Situated in the State of Ohio, County of Franklin, Washington Township, City of Dublin, Survey Number 2419, Virginia Military District and being part of Lot 5 of Gould Addition No. 2, as recorded in Plat Book 27, Page 73, said Lot 5 being in the name of Cynthia A. Sours - Morehart, as recorded in Instrument Number 201406130074458, all references being to those of record in the Recorder's Office, Franklin County, Ohio, and being more particular described as follows: Commencing, for reference, at the southwesterly corner of said Lot 5 and the southeasterly corner of Lot 6 of said Gould Addition No. 2, said Lot 6 being in the name of Douglas R. Danforth, as recorded in Instrument Number 200411160262767 and Official Record 18211, Page J20, said comer being on the northerly existing right of way line of Grandview Drive (50' right of way) as shown in Plat Book 27, Page 73 and also being witnessed by a 3/4 inch pipe (found), bearing North 86 degrees 04 minutes 38 seconds West, a distance of 0.31 feet from said corner; thence, along said existing right of way line, South 87 degrees 35 minutes 03 seconds East, a distance of 30.00 feet to the Point of Beginning of the easement herein described; Thence, clockwise along the following four (4) courses: 1. Thence, leaving said existing right of way line, North 02 degrees 24 minutes 57 seconds East, a distance of 10.00 feet to a point; 2. Thence, parallel with said existing right of way line, South 87 degrees 35 minutes 03 seconds East, a distance of 10.00 feet to a point; 3. Thence, South 02 degrees 24 minutes 57 seconds West, a distance of 10.00 feet to a point on said existing right of way line; 4. Thence, along said existing right of way line, North 87 degrees 35 minutes 03 seconds West, a distance of 10.00 feet to the Point of Beginning, containing 0.002 acres, and is contained within Franklin County Auditor's Permanent Parcel No. 273 - 000237 -00. The bearings for this description are based on the bearing between Franklin County Engineer's Monument "FRANK73" and Franklin County Geodetic Survey Monument Number 7764 being South 08 degrees 04 minutes 15 seconds West, as measured with GPS Methods using Grid North, of the Ohio State Plane Coordinate System, South Zone (2011). This description was prepared and reviewed under the supervision of Steven L. Mullaney, Professional Surveyor No. 7900 from a survey conducted for the City of Dublin, Franklin County, Ohio in March, 2016. r��tMSTEVEN of oO r� �� 20) �p S��l��,,��/l�- L. Mu laney, P.S. Date R Y L ional Surveyor No. 7900 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use PERMANENT STORM WATER & DRAINAGE EASEMENT THIS PERMANENT STORM, WATER AND DRAINAGE EASEMENT (the "Easement ") is made and entered into this 9 day of b e c e Wk � e c- 2016, by and between CY NTMA A. SOURS- MOREHART ( "Grantor "), whose mailing address is 98 Grandview Drive, Dublin, Ohio 43017, and the CITY of DUBLIN, Omo ( "GRANTEE "), an Ohio municipal corporation, whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No. 273- 000237 -00 (the "Grantor's Property"); WHEREAS, Grantee desires a permanent easement over those portions of the Grantor's Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area ") for storm water and drainage purposes; and WHEREAS, 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. STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non - exclusive easement in, through, over and under the Easement Area for the following purposes: (i) to construct lines, conduits, valves, regulators and all other appurtenances necessary, in Grantee's sole discretion, for the operation of drainage facilities (collectively "Facilities ") and the orderly flow of storm water within the Easement Area; (ii) to add to, operate, maintain, repair, replace or remove any Facilities; and (iii) of ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably practicable after completion of the drainage facilities and storm water work, including any alterations and repairs thereto, and completion of the grading work shall cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantee shall have the right to remove any and all vegetation growing within the Easement Area as is reasonably necessary to facilitate Grantee's use thereof as permitted by this Easement. Grantor has the right to enter on the Easement Area for any purpose provided such entry by Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement. 2. 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 venture 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 relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. 4. Severability. In the event any provision of this Easement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 5. Captions and Pronoun Usage. 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 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. 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. Authority. Grantor represents and warrants that it has the full right and authority to enter into this Easement and grant the rights hereby conveyed to Grantee. 2 The parties hereto have executed this Easement as of the date(s) set forth below. GRANTOR: CYNTHIA A. SOURS- MOREHART GRANTEE: CITY OF DUBLIN, OHIO, AN OHIO MUNICIPAL CORPORATION DANA L. MCDANIEL, CITY MANGER {ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) 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 corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public STATE OF OHIO COUNTY OF FRANKLIN) SS: BE IT REMEMBERED, that on this ' - day of Cyq, , 2016, before me, the subscriber, a Notary Public in and for said County, personally came the above -named Cynthia A. Sours- Morehart, Grantor in the foregoing Easement, and acknowledged the signing of the same to be her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Z} /f _,;, 141 "1;11 This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607928 4818 - 3499- 2189v2 �y �, � no expf�atlon dale Sec.141.03 R.C.