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HomeMy WebLinkAboutOrdinance 012-20RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Ordinance No. 12-20 Passed AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACCEPT A SANITARY SEWER EASEMENT FROM CARMEN MICHAEL VILLOPOTO FOR PROPERTY OWNED AND LOCATED AT 7685 DUBLIN PLAIN CITY ROAD, FRANKLIN COUNTY PARCEL NUMBER 274-001453-00, WHEREAS, Urban Air is a development (the "Project's on the south side of SR 161 (Dublin Plain City Road), located just east of the Command Alkon Site, on the parcels identified as Franklin County parcel numbers 274-001453-00 and 274-012136-00 (the "Property'), owned by Carmen Michael Villopoto (the "Grantor'; and WHEREAS, the Project requires the a public sanitary sewer easement from the Grantor on the Property to the City of Dublin (the "City's for the proposed Project; and WHEREAS, the Grantor has agreed to convey the necessary easement to the City at no cost; and WHEREAS, the City desires to execute and accept necessary documents to complete the conveyance from the Grantor to the City in furtherance of the Project. 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 and accept all necessary documents to accept the sanitary sewer easement from the Grantor for the property located at Franklin County parcel number 274-001453-00, at no cost. 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 without further legislation being required. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Passed this A r7 day of 12020. Mayor —Presiding Officer ATTEST: ( (y Clerk of Council Form 6220S 7City of Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: April 7, 2020 Memo Initiated By: Megan D. O'Callaghan, PE, Deputy City Manager/Chief Operating Officer Paul A. Hammersmith, PE, Director of Engineering/City Engineer Michael Hendershot, PE, Civil Engineer II Re: Ordinance No. 12-20 — Acceptance of a Sanitary Sewer Easement from Carmen Michael Villopoto for Property Owned and Located at 7685 Dublin Plain City Road, Parcel No. 274-001453-00 Summary Urban Air is a development for the construction of two buildings for entertainment and recreation uses and associated site improvements on two previously vacant parcels located at 7685 Dublin Plain City Road. The development will be constructed in two phases; the first phase is located on Franklin County Parcel No. 274-012136-00 with the second phase being located on Franklin County Parcel No. 274-001453-00. Existing public sanitary sewer is located near the east property line of the Command Alkon site (6750 Crosby Court) that is directly west of Franklin County Parcel No. 274-001453-00. Public sanitary sewer has been extended in order to provide sanitary sewer access to the Urban Air development. For the public sanitary sewer extension, the City requires a permanent sanitary sewer easement on Franklin County Parcel No. 274-001453-00, presently owned by Carmen Michael Villopoto, for the construction and perpetual maintenance of the public sanitary sewer constructed as part of the Urban Air. Mr. Villopoto is conveying the easement to the City at no cost and is responsible for all construction costs of the sanitary sewer improvements associated with the Urban Air project. Recommendation Staff recommends adoption of Ordinance No. 12-20 at the second reading/public hearing on April 27, 2020, as this ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally accept the sanitary sewer easement as necessary and described above. RT 271000004 PULKKENNETH # WTR SHIRLEY STEE 44- 271000011 BENNINGTON KEVIN G SU TR BRYANT MARK A SU TR, CLARKE LARRY D SU TR, PALMER MARC A SU TR 275000001' - CITY OF �- DUBLIN OHIO 275000009 DBS CA LLC ' 274001453..E VI LLO POTO CARMEN MICHAEL 4 4011991 WE LAND DINGS LLC 272000628 KWESTPRO,PERTIES ;y LLC ry4 D440000 1 00 150031016000 1500310180040 W RR8 �snnz� 1060000,.SI14L1CKER RAL E 1.. Jerome I AssoCiates LTD on Kevin -. 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COUNTRY CLUB GARAGES OfOHIO LLC 272000301 { BECKMAN 4 ` JEFFREY e. 272000593 GEITGEY CO ei t 1 Flenel DrN Portion above reserved for County Recorder, Engineer and Auditor's Offices Use SANITARY SERER EASEMENT THIS SANITARY SEWER EASEMENT (the "Easement") is made and entered into this S" day of b01 2020, by and between CARMEN MICHAEL VILLOPOTO, unmarried ("Grantor"), whose tax mailing address is 220 Lake Manor Rd., Chapel Hill, NC 27516, and the CrrY OF Dunn, OHIO, ("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 Parcel No. 274- 001453-00, as described and depicted on the attached exhibits (the "Grantor's Property"); and WHEREAS, Grantee desires a sanitary sewer 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 the purpose of constructing and maintaining sanitary sewer improvements, utilities, grading, and related work; 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 conveys and 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, manholes, valves, regulators and all other appurtenances necessary, in Grantee's sole discretion, for the operation of sanitary sewer and facilities within the Easement Area (collectively "Facilities"); (ii) to add to, operate, maintain, repair, replace or remove any Facilities, utilities, and storm drainage improvements; and (iii) of ingress and egress over those 1 portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably practicable after installation of the sanitary sewer, including any alterations and repairs thereto, and completion of related work, including 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, Union 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. 2 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. [signatures and acknowledgments on following page] GRANTOR: Carmen Michael Villopoto STATE OF OHIO ) COUNTY OF FRANKLIN ) SS: City of Dublin, Ohio, an Ohio Municipal Corporation Dana L. McDaniel, City Manager BE IT REMEMBERED, that on this _ day of 2020, before me, the subscriber, a Notary Public in and for said county and state, personally came DANA L. McDANNIEL, City Manager of the CITY OF DUBLIN, 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 NORTH CAROLINA ) COUNTYOF (7(A.✓`4�r ) SS: BE IT REMEMBERED, that on this 7-7j�-day of2020, before me, the subscriber, a Notary Public in and for said County, personally came the above named Carmen Michael Villopoto, Grantor in the foregoing Easement, and acknowledged the signing of the same to be his voluntary act and deed. IN TESTIlVI,A➢Y"Wj#REOF, I have hereunto subscribed my name and affixed my official seal, on the da Qar lash' fpresaid. cs ! ay o Notary Public yV. 1'3 a--, e� r ` . 53L44 This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607928 4818-3929-6695v2 sITE ENGINEERING 7453 East Main Street Reynoldsburg, OH 43068 Incorporated. Phone: 614-759-9900 fax: 614-759-9902 Civil Engineers & Surveyors email: siteeng@ameritech.net EXHIBIT "A" PROPOSED SANITARY SEWER EASEMENT DESCRIPTION May 29, 2018 Revised Nov. 21, 2018 Situated in the State of Ohio, County of Franklin, City of Dublin, in Virginia Military Survey No. 6748, and being a Proposed Sanitary Sewer Easement across part of that 4.888 acre (original) tract conveyed to Carmen Michael Villopoto, as recorded in Instrument Number 201611170158531, in the Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Beginning, for reference, in the centerline of State Route 161 (Plain City -Dublin Road) at the intersection with the centerline of Fulk Road, and marking the northwest corner of a 1.154 acre tract conveyed to the City of Dublin as recorded in Instrument Number 201002100016822; Thence South 04° 49' 41" East 70.43 feet, along the west line of said 1.154 acre tract to the northeast corner of Lot 2 of Crosby Business Park as recorded in Plat Book 118, Page 41, and the northwest corner of said 4.888 acre tract; Thence continuing South 04° 49' 41" East 213.55 feet, along the east line of said Lot 2 and the westerly line of said 4.888 acre tract to the TRUE POINT OF BEGINNING for the herein described easement area; Thence the following three (3) courses being across said 4.888 acre tract: 1) North 85° 10' 19" East 20.00 feet to a point; 2) Thence South 04° 49' 41" East 20.00 feet to a point; 3) Thence South 85° 10' 19" West 20.00 feet to a point on the easterly line of said Lot 2, the westerly line of said 4.888 acre tract and being North 04° 49' 41" West 10.50 feet from the southwesterly corner of said 4.888 acre tract: Thence North 04° 49' 41" West 20.00 feet, along said line, to the Point of Beginning, containing 400 square feet, more or less and being subject to any easements of previous record. The bearings shown are for the determination of angles only, for the purpose of this description a bearing of N 4° 49'41 " W was used on the west line of said 4.888 acre tract as determined from GPS observation. The above description was prepared by Site Engineering, Inc. from an actual field survey during February 2017. \�j tIIfIfIII SITE ENGINEERING, INC. ����� © 0��� Al w MA A. B//'Z�'�� a HAZEL y IfIA-4 M Mark A. Hazel Date f ` /ONs��- ��•`��` Professional Surveyor No. 7039 111M a°° SITE ENGINEERING, INC. 7453 EAST MAIN STREET REYNOLDSBURG, OHIO 43068 FILE 3917 PHONE: (614) 759-9900 # DATE:MAY 17 SCALE: 1 "=100' EXHIBIT "8" Rev 1 1-21-18 Situated in the State of Ohio, County of Franklin, City of Dublin, in Virginia Military Survey No. 6748, and showing a Proposed Sanitary Sewer Easement across that 4.888 acre (Original) tract of land described in a deed to Carmen Michael Villopoto, as recorded in Instrument Number 201611170158531 in the Recorder's Office, Franklin County, Ohio. Basis of bearings from GPS observation (Ohio SPC South Zone), based on the west line of the 4.888 acre tract as being North 04' 49' 41" West. 161N� �g ��� Tp1E B��N RE)--- g�� _ - N civ Op2100o S4 49 41 E / PLAIN 201 70.43'% - R#-�-- p,C IN5 �O 1.154 OF 8 0 --- '-� to -_— � — VILLOPOTO � • � c i ____----- CARMEN MICHAEL 4.8 ' 88 AC. Orig) 4 0 0 ' 201611170158531 INST MMog H PAR #274-001453 v C p 0 P.O.B. zCQ 1g"E a Ng5° 0.00' 41„E 20.00' 1 U PROPOSED SANITARY S40 49 SEWER EASEMENT„ -11 S85° 10' 19 W N40 49' 41"W 20.00' S84° 54' 19'� 20.00' a•�' � LOT 9 Ivo1 N0. CO o LO FISHEL INDUSTRIAL PARE PLAT zCQ �' � C o THIRD AMENDED SUBD E-4 o U o P.B. 77, PG. 79 o pq A O 0' 100' 200' x ” GRAPHIC SCALE The above Exhibit "B” and attached Exhibit "W' were prepared from an actual field survey during February, 2017 by Site Engineering, Inc. SITE ENGINEERING, INC. A.HAZEL By µ 0 Mark A. Hazel Date Professional Surveyor No. 7039 f�€� f t 8 1 a1�