HomeMy WebLinkAboutOrdinance 013-20RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO
Ordinance No. 13-20 Passed ,
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS
AND CONTRACTS TO ACCEPT A 0.068 -ACRE, MORE OR LESS,
SANITARY SEWER EASEMENT FROM DARSHAN SHAH FOR
PROPERTY OWNED AND LOCATED AT 8700 HYLAND CROY
ROAD, UNION COUNTY, PARCEL NUMBER 1700240390000.
WHEREAS, Darshan Shah (the "Grantor's is constructing a house (the "Project') at
8700 Hyland -Croy Road, on a parcel owned by the Grantor and identified as Union
County Parcel No. 1700240390000 (the "Property'); and
WHEREAS, the Project requires a public sanitary sewer easement (the "Easement'
from the Grantor on the Property to the City of Dublin (the "City's for the proposed
Project, said Easement being more fully described in the attached Exhibit "A" and
depicted in the attached Exhibit "B"; 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 Easement 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 conveyance documents to accept the Easement from the Grantor on the
Property, at no cost to the City.
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 ,�2 6 A day of 12020.
7
Mayor —Presiding Officer
ATTEST:
Clerk of Coouncil
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: May 5, 2020
Memo
Initiated By: Megan D. O'Callaghan, PE, Deputy City Manager/Chief Operating Officer
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Todd A. Garwick, PE, Senior Civil Engineer
Re: Ordinance No. 13-20 — Acceptance of a Sanitary Sewer Easement from Darshan
Shah for Property Owned and Located at 8700 Hyland -Croy Road, Union County
Parcel No. 1700240390000
Summary
On September 23, 2019, Dublin City Council adopted Ordinance No. 44-19 accepting the annexation
of 1.29 acres, more or less, from Jerome Township, Union County to the City of Dublin (Dublin). The
petitioner for the annexation, Mr. Darshan Shah (Shah), owns the 1.29 -acre parcel (Union County
Parcel No. 1700240390000) located at 8700 Hyland -Croy Road where a pre-existing barn is located.
Mr. Shah has been constructing a single-family house for his private residential use on the parcel
under the jurisdiction of the Union County Building Department. As part of the house construction,
Shah desired public utility services (water and sanitary sewer) available from Dublin, which
necessitated the annexation to Dublin.
Existing public water service is located along the east side of Hyland -Croy Road from a 16 -inch water
main. The existing public 8 -inch sanitary sewer is located near the southern property line of City of
Dublin Parcel No. 3900240401630 that is directly north of the Shah property. In order to provide
sanitary sewer service to the new house, the public sanitary sewer was extended south onto the
Shah property.
In order to provide for a future public sanitary sewer extension to the existing parcel located at 8698
Hyland -Croy Road (located immediately south of the Shah property), Dublin requires a permanent
sanitary sewer easement on the 1.29 -acre Shah parcel for the future construction and perpetual
maintenance of the public sanitary sewer infrastructure. Shah is conveying the sanitary sewer
easement to the City at no cost.
Recommendation
Staff recommends adoption of Ordinance No. 13-20 at the second reading/public hearing on May
26, 2020, as this ordinance authorizes the City Manager to execute all necessary conveyance anc
contract documents formally accepting the sanitary sewer easement as necessary and described.
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SANITARY SEWER EASEMENT
THIS SANITARY SEWER EASEMENT (the "Easement") is made and entered into this day
of 2020, by and between DARSHAN SHAH ("Grantor"), whose tax mailing
address is 4581 Huntwicke Drive, Hilliard, Ohio 43026, and the CITY OF DUBLIN, 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 Union County Parcel No. 17-
0024039.000 and Map Number 137-00-00-038.000, 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, 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
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
1
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. 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 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.
9. Authoritv. 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]
2
GRANTOR:
GRANTEE:
City of Dublin, Ohio, an Ohio Municipal
Corporation
Darshan Shah Dana L. McDaniel, City Manager
STATE OF OHIO
COUNTY OF FRANKLIN SS:
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.
McDANIEL, 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.
STATE OF OHIO
COUNTY OF
SS:
Notary Public
BE IT REMEMBERED, that on this day of 2020, before me, the
subscriber, a Notary Public in and for said County, personally came the above named Darshan
Shah, Grantor in the foregoing Easement, and acknowledged the signing of the same to be his
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.
Notary Public
This Instrument Prepared By:
Frost Brown Todd LLC
One Columbus
10 West Broad Street
Columbus, Ohio 43215
0127206.0607928 4849-7715-9345v1