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HomeMy WebLinkAboutOrdinance 047-17Dayton Legal Blank, Inc. Ordinance No. 47 -17 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.183 -ACRE, MORE OR LESS, PERMANENT EASEMENT FROM ASHLAND, LLC, FROM THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF RINGS ROAD AND BLAZER PARKWAY, FOR THE PUBLIC PURPOSE OF CONSTRUCTING AND MAINTAINING PUBLIC UTILITIES. WHEREAS, the City of Dublin (the "City's is preparing to extend a sanitary sewer line from Rings Road to the north for a new development on Blazer Parkway (the "Project"); and WHEREAS, the Project will be constructed and paid for by Tuttle Blazer Development, LLC, the developer that will be developing two office buildings on Franklin County parcel number 273 - 010750; and WHEREAS, the Project requires that the City obtain a permanent utility easement from Franklin County Parcel No. 273 - 000336 -00 owned by Ashland, LLC (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 Grantor participated in good faith discussions and the Grantor has agreed to donate the easement to the City at no cost; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transfer of the easement 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 0.183 -acre, more or less, permanent utility easement from Ashland, LLC, said easement located within Franklin County Parcel No. 273 - 000336 -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. Section 3. This Or-din, ce shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. P s d this day of 2017. y Mayor — Presiding 9fficer ATTEST: Clerk of Council Office of the • City Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 ty of Dublin Phone: 614.410.4400 e Fax: 614.410.4490 Cit To: Members of Dublin City Council From,: Dana L. McDaniel, City Mana Date.* July 27, 2017 InIftl"ated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Michael Hendershot, P.E., Civil Engineer II iu =0-tt,111WI, Tuttle Blazer Development LLC has proposed to develop two 60,000-SF omce-flex buildings on Franklin County Parcel Number 273-010750, which is located on the east side of Blazer Parkway north of Rings Road. Proposed construction on the first building is slated for fourth quarter 2017. The parcel does not currently have public sanitary sewer access. This project, identified as the Blazer Parkway Sanitary Sewer Extension project, consists of extending public sanitary sewer from Rings Road north along Blazer Parkway in order to provide public sanitary sewer access to the site. The project will be funded and constructed by Tuttle Blazer Development LLC. The City will need to acquire a 0.183-acre permanent utility easement for the construction and maintenance of the public sanitary sewer constructed as part of the Blazer Parkway Sanitary Sewer Extension project from Ashland, LLC, from property located at the northwest corner of Rings Road and Blazer Parkway. Ashland, LLC will be conveying the easement to the City at no cost. Staff recommends approval of Ordinance 47-17 at the second reading/public hearing on August 14, 2017. b r! 1 - Cityof Dublin OHIO, USA Utility Easement Utility Easement Blazer Parkway Sanitary Extension Project Ashland LLC Parcel LA %4 u 0 150 300 600 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use PERMANENT UTILITY EASEMENT THIS PERMANENT UTILITY EASEMENT (the "Easement ") is made and entered into this day of 2017, by and between LLL ( "Grantor ") whose tax mailing address is at , and the City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose mailin address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No. )7 3 - 06D 336 (the "Grantor's Property"); WHEREAS, Grantee desires a permanent utility 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 "); and WHEREAS, Grantor desires to grant a permanent utility 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, operate, maintain, repair, and replace public and private utilities, including, but not limited to (a) utility lines for gas, electric, water, sewer, cable, and communication services, and facilities and appurtenances incidental thereto, including, but not limited to, lines, wires, cables, conduits, anchors, circuits, equipment, meters, valves, regulators, manholes, drain pipes, fixtures, and other appurtenances and facilities and (b) drainage facilities (collectively, the "Facilities "); (ii) of ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area; (iii) construction, operation, and maintenance of service connections to all adjacent lots and lands, including the right of ingress and egress; and (iv) the right to do all things necessary, proper, or incidental to the successful operation and maintenance of such utilities is further reserved herein. 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. Grantee shall, as soon as reasonably practicable after completion of work on and in the Easement Area, cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantor has the right to enter on the Easement Area for any purpose whatsoever provided such entry by Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement. The above notwithstanding, Grantee acknowledges and agrees that Grantor makes no representation whatsoever concerning the fitness or suitability of the Easement for the aforementioned purposes, and that Grantee is solely responsible for determining the Easement's Page 1 of 4 fitness and suitability for such purposes. Should Grantee's use of the Easement Area cause any environmental conditions or change contrary to regulations and standards established by applicable governmental agencies having jurisdiction over such matters, or trigger remedial or compliance obligations of Grantor, Grantee hereby agrees and undertakes to perform and to pay the reasonable costs of any remedial action. In the event Grantor determines that Grantee has caused a condition that is harmful to the environment or may require corrective action under the existing requirements of Grantor's property, Grantor shall notify Grantee. If Grantee does not expeditiously complete the corrective action to Grantor's reasonable satisfaction, Grantor may undertake the work and hold Grantee responsible for the cost of such work. Grantee, shall during the term of this Easement, at its own cost and expense, promptly observe, perform, execute and comply with all laws, including but not limited to all environmental laws, rules, requirements, orders, ordinances and regulations of every lawful authority having jurisdiction to which Grantee or the Easement Area are subject in relation to the easement rights granted herein. Grantee shall not use the Easement Area for any purpose other than for the purposes aforesaid and this Easement does not create any rights other than as stated herein. Nothing contained in this Easement shall be construed or deemed to be a dedication of any easement to or for the use of the general public and the parties may take whatever steps may be necessary to avoid such dedication. Grantee shall indemnify and hold harmless Grantor from and against all losses, damages, demands, claims, suits, expenses and liabilities, including reasonable attorneys' fees and other expenses of litigation, incurred by Grantee because of bodily injury, including death, and the property damage resulting from any violation of applicable law, regulation and /or ordinance, or as a direct or indirect result of, or arising out of occurrences on or at the Easement granted to Grantee under this Easement. The rights granted herein are subject to all restrictions, easements, rights of way, exceptions, reservations and conditions contained in prior instruments of record, and which a physical inspection and/or accurate survey of the Easement Area would show. Grantee acknowledges that the Easement Area may be located in an existing utility corridor and that anything constructed or existing within such corridor may be damaged, destroyed or removed due to other users' activities or facilities in the corridor, and Grantee does and shall fully release Grantor from any liability arising from such damage, destruction or removal. 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 grantors and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a parry 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 Lisa 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. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. Page 2 of 4 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 grants the rights hereby conveyed to Grantee above. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth GRANTOR Ashland LLC, a Kentucky limited liability company Kraig A. Kunkemoeller, Director, Real Estate & Facilities STATE OF OHIO COUNTY OF FRANKLIN SS: GRANTEE: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager BE IT REMEMBERED, that on this _ day of , 2017, 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: Id fn BE IT REMEMBERED, that on thisday of :r e 2017 before e, the subscriber, a Notary Public in and for said county and state, personally came ke Grantor, who acknowledged the signing thereof to be his/her free act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 Page 3 of 4 N t ry Public H 11 I ffil'o" ►r••• s,� 012]206.060]929 4845- 93559834v2 Page 4 of 4 YG). UTILITY EASEMENT 0.183 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, in Virginia Military Survey Number 2419 (4852), being on, over, and across that 14.117 acre tract conveyed to Ashland Inc. by deed of record in Instrument Number 200903200039295 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, for reference, at a southerly corner of that 24.869 acre tract conveyed to Kendall - Dublin, LLC by deed of record in Instrument Number 200201160015573, the same being a corner of that tract conveyed to City of Dublin by deed of record in Official Record 20495G16, being in the easterly right -of -way line of Blazer Parkway; Thence South 53° 25' 15" West, crossing said Blazer Parkway, a distance of 65.00 feet to the westerly right -of -way line of said Blazer Parkway by Plat Book 62, Page 1, being the most northerly corner of that tract conveyed to City of Dublin in Official Record 20495G19, the TRUE POINT OF BEGINNING; Thence South 530 25' 15" West, with said westerly right -of -way line, a distance of 20.00 feet to a point; Thence with the arc of a curve to the right, continuing with said westerly right -of -way line, having a central angle of 140 37' 08 ", a radius of 442.00 feet, an arc length of 112.78 feet, a chord bearing of South 29° 16' 11" East and chord distance of 112.47 feet to a point; Thence South 050 21'01" East, crossing said 14.117 acre tract, a distance of 164.10 feet to a point; Thence South 31° 15' 33" East, continuing across said 14.117 acre tract, a distance of 24.00 feet to a point in the westerly right -of -way line of said Blazer Parkway of record in Instrument Number 200209050219852; Thence South 39° 40'48" West, with said westerly right of way line, a distance of 18.74 feet to a point in the northerly right -of -way line of Rings Road; point; Thence South 84° 38'49" West, with said northerly right -of -way line, a distance of 17.23 feet to a Thence across said 14.117 acre tract, the following courses and distances: North 05° 2P 01" West, a distance of 240.29 feet to a point; North 37° 03'49" West, a distance of 153.32 feet to a point; North 470 25'35" West, a distance of 9.09 feet to a point; and North 42° 34'25" East, a distance of 22.28 feet to the westerly right -of -way line of said Blazer Parkway; Thence with the are of a curve to the right, with said southerly right -of -way line, having a central angle of 12° 34'44", a radius of 462.00 feet, an arc length of 101.43 feet, a chord bearing of South 42° 52' 07" East and chord distance of 101.22 feet to the TRUE POINT OF BEGINNING containing 0.183 acre, more or less. EVANS, MECHWART, HAMBLETON r&, TILTON, INC. John C. Dodgion * r :'k � Date Professional Surveyor No. 8069 0_183 ac 20161248 VS ESMT- SSWR- 02.doc '• Q +'� . ■ ■ ■ ■ ■•' Evans, Mechwart, Hambleton S Tilton, Inc. Engineers • Surveyors • Planners • Scientists 5500 New Albany Road, Columbus, OH 43054 Phone: 61 A.775.4500 Toll Free: 888.775.3648 emht.com UTILITY EASEMENT VIRGINIA 'MILITARY SURVEY NUMBER 2419 (4852) CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO { Date: April 5, 2017 1 Job No: 2016 -1248 1 Scale: 1" =100' Revised: April 28, 2017 Revised: July 18, 2017 a s c 0 Z 0 0 0 9 o 'p- tip\° i °e P°,°° �� �� : . PG ��o ° /PQ L6 f�� �� ,� RPOB N i v Ca , I- TPOB 00 'L2 0o tn� LINE BEARING DISTANCE L1 S53'25'1 5"W 19I L2 S53'25' 15"W i, z� L3 S31'15'33 "E 24.00' A T S39'40'48 "W J L5 O 17.23' L6 N47'25'35 "W 9.09' CITY OF DUBLIN I.N. 200209050219852 —R/rW. O O rn r�L3 � �L5 �' PINGS ROAD 1 l 1 1 ti ,I i i LINE TABLE LINE BEARING DISTANCE L1 S53'25'1 5"W 65.00' L2 S53'25' 15"W 20.00' L3 S31'15'33 "E 24.00' L4 S39'40'48 "W 18.74' L5 S84'38'49 "W 17.23' L6 N47'25'35 "W 9.09' CURVE TABLE CURVE DELTA RADIUS ARC CH. BEARING I CH. DIST. C1 14'37'08" 442.00' 112.78' S29' 16' 11 "E 112.47' C2 12'34'44" 462.00' 101.43' S42'52'07 "E 101.22' 100' 0 100' 200' GRAPHIC SCALE (in feet) r C By Johv C. Dodgibn t Dl?, Professional Surveyor No. 8069 7 za /7 ate