HomeMy WebLinkAboutOrdinance 19-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: April 20, 2021
Initiated By: Megan D. O’Callaghan, PE, Deputy City Manager/Chief Finance and
Development Officer
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Michael S. Sweder, PE, Interim Deputy Director of Engineering
Re: Ordinance 19-21 – Authorizing the City Manager to Execute and Accept
Necessary Conveyance Documents and Contracts to Acquire the Property and
Easements Located at 6371 Shier Rings Road, Identified as Franklin County
Parcel Number 274-000157-00 from The Board of Education of the Dublin City
School District, for the Public Purpose of Constructing a New Roadway and
Related Infrastructure Which Shall Be Open to the Public Without Charge
Update
City Council reviewed the conveyance documents and contracts associated with the acquisition of
easements from the Board of Education of the Dublin City Schools and requested an exhibit
identifying the proposed access drive for the Board’s Operations Center located at 6371 Shier Rings
Road. The requested exhibit is attached to this memorandum for Council’s reference (see Exhibit D).
Background
The City of Dublin ("City") has started construction of University Boulevard – Phase 2 / Shier Rings
Road & Avery Road Intersection Improvement (the “Project”). This project is identified as the Shier
Rings Road Realignment - Eiterman Road to Avery Road and the Avery and Shier Rings Road
Intersection Improvement in the adopted 2021-2025 Capital Improvements Program (CIP). In the
CIP, site acquisition and utility relocation were programmed in 2020 with construction programmed
in 2021.
The budgeted funds for the University Boulevard – Phase 2 / Shier Rings Road & Avery Road
Intersection Improvement project in the 2021-2025 CIP are $10,190,000.00 in account ET517 and
$7,020,000.00 in account ET811.
The Project requires the acquisition of property interests from thirteen (13) property owners. The
City participated in good faith discussions with each property owner and to date has come to mutually
agreeable terms with eleven (11) property owners. The remaining two (2) properties involved with
the project, for which staff have been unable to reach mutual agreement with the property owners,
have separate legislation to appropriate the necessary property rights.
Acquisition
This property acquisition consists of the property interests listed below and as depicted in the exhibits
attached hereto:
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo
Ordinance 19-21 – Acquisition of Easements from Dublin City School District for University Blvd – Phase 2
April 20, 2021
Page 2 of 2
Property Owner Property Interests and
Acreage
Auditor Parcel ID
Number Acquisition Price
The Board of
Education of the
Dublin City School
District
0.043 acre utility easement
274-000157-00 $94,300
0.293 acre conservation
easement
1.391 acre temporary
construction easement
0.197 acre temporary
construction easement
The City participated in good faith discussions with The Board of Education of the Dublin City School
District (“Board”). The property is located at 6371 Shier Rings Road, Dublin, Ohio, 43016. The parties
have come to mutually agreeable terms for the acquisition of the property interests from the Board
for $94,300, which is the appraised value. As part of the consideration related to the easements, the
City will also provide an alternate bus access drive for additional access in and out of the Board’s
Operations Center across the adjacent property owned by the City and located at 6555 Shier Rings
Road (also referred to as the Service Center). The City will grant the Board an easement for any
portion of the new bus access drive that crosses the City’s property.
The Board of Education approved the easements and documents on March 22, 2021. This Ordinance
authorizes the City Manager to execute all necessary conveyance documents to formally acquire the
necessary property interests from The Board of Education of the Dublin City School District.
Recommendation
Staff recommends adoption of Ordinance No. 19-21 at the second reading/public hearing on April
26, 2021, as this ordinance authorizes the City Manager to execute all necessary conveyance
documents and formally accepts the necessary property interests described above.
Shier Rings Road
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DUBLIN CITY SCHOOLS PROPERTY MAP0Hori: 1 inch = 50 feet1002550UNIVERSITY BLVD-PHASE 2/SHIER RINGS RD & AVERY RDINTERSECTION IMPROVEMENT
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CONTRACT FOR SALE AND PURCHASE
OF EASEMENT RIGHTS
This Contract For Sale and Purchase of Real Property (this “Agreement”) is by and
between the City of Dublin, Ohio, an Ohio municipal corporation (hereinafter referred to as
“Purchaser”), with offices located at 5555 Perimeter Drive, Dublin, Ohio 43017, and the Board of
Education of the Dublin City School District (“Seller”), an Ohio public school district and
political subdivision of the State of Ohio, whose tax mailing address is 5175 Emerald Parkway,
Fourth Floor, Dublin, Ohio 43017. Purchaser and Seller are referred to individually herein as
“Party” and collectively as “Parties.”
Recitals
WHEREAS, Seller owns the real property identified as Franklin County parcel number
274-000157-00, having a physical address of 6371 Shier Rings Road, Dublin, Ohio (the “Seller’s
Property”); and
WHEREAS, Purchaser is preparing to construct roadway and infrastructure improvements
in connection with the University Blvd. – Phase 2 / Shier Rings Rd & Avery Rd Intersection
Improvement Project (the “Project”), which necessitates the acquisition of: (1) a permanent utility
easement; (2) a permanent conservation easement; and (3) temporary easements from Seller over
portions of Seller’s Property, as more particularly described herein; and
WHEREAS, Purchaser agrees to purchase from Seller the following: (1) a permanent
utility easement; (2) a permanent conservation easement; and (3) temporary easements
(collectively, the “Property Interests”), and Seller agrees to sell the Property Interests to Purchaser
pursuant to the terms set forth in this Agreement; and
NOW, THEREFORE, in consideration of the mutual promises, agreements, and covenants
herein contained, the Parties agree as follows:
Provisions
1. Price and Consideration
Purchaser shall pay to Seller the sum of $94,300.00 (the “Payment”), which Payment shall
constitute the entire amount of compensation due to Seller for: (a) the Property Interests; (b) any
and all damages to any residual lands of Seller; (c) any costs or fees incurred by Seller, including,
but not limited to, attorney’s fees; and (d) Seller’s covenants set forth herein. The Payment shall be
made by Purchaser to Seller in cash or other immediately available funds no later than thirty (30)
business days after the Parties execute and deliver to each other this Agreement and the Easement
Agreements (hereinafter defined).
2. Easement Agreements
Seller shall, within ten (10) business days after the execution of this Agreement, execute
and deliver to Purchaser: (1) a permanent utility easement agreement; (2) a permanent
conservation easement agreement; and (3) a temporary easement agreement (“Easement
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Agreements”) with respect to the Property Interests, which Easement Agreements are attached
hereto as Exhibit “A”, Exhibit “B” and Exhibit “C”, respectively.
3. Supplemental Instruments
Seller agrees to execute any and all supplemental instruments or documents reasonably
necessary to vest Purchaser with the Property Interests.
4. Warranty of Title
Seller shall, and hereby does, warrant that Seller is the true and lawful owner of the
property identified as Franklin County Parcel No. 274-000157-00, subject to (a) easements,
restrictions, conditions, and covenants of record; (b) all legal highways; (c) zoning and building
laws, ordinances, rules, and regulations; (d) any and all real estate taxes and assessments not yet
due and payable and (e) any encroachments, encumbrances or circumstances that would be
disclosed by an accurate and complete land survey and inspection of the land that is the subject of
the Property Interests. Seller represents and warrants that Seller has the full and complete
authority to transfer the Property Interests as set forth in this Agreement. Purchaser acknowledges
that it is responsible for obtaining title insurance or otherwise confirming the condition of title to
Seller’s property that is the subject of the Easement Agreements.
5. Future Bus Circulation and Access
Purchaser and Seller agree to work together to determine the best means to enable
designated school buses to access the entrance/exit drive of 6555 Shier Rings Road (City of Dublin
Service Center) (the “New Bus Drive”), but Purchaser and Seller agree that the New Bus Drive
will be located as set forth in Exhibit D attached hereto and incorporated by reference herein or in
a substantially similar location. Such determination will be made no later than April 1,
2021. Purchaser shall grant Seller a non-exclusive easement for any portion of the New Bus Drive
that crosses Purchaser’s Property. The New Bus Drive shall be constructed no later than August 1,
2021. Seller will perform the fence cut to its existing fence to provide access to the New Bus Drive
from its fenced bus parking lot, but Purchaser shall be responsible for all other construction related
to the New Bus Drive.
6. Binding Agreement
Any and all of the terms, conditions, and provisions of this Agreement shall be binding
upon and shall inure to the benefit of the Parties, and their respective heirs, executors,
administrators, successors, and assigns.
7. Multiple Originals
This Agreement may be executed in two or more counterparts, each of which will be
deemed an original, but all of which together shall constitute but one and the same instrument.
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8. Entire Agreement
This Agreement, together with the Easement Agreement, contain the entire agreement
between the Parties, and it is expressly understood and agreed that no promises, provisions, terms,
warranties, conditions, or obligations whatsoever, either expressed or implied, other than herein
set forth, shall be binding upon either Seller or Purchaser.
9. Amendments and Modifications
No amendment or modification of this Agreement shall be valid or binding upon the Parties
unless it is made in writing, cites this Agreement and is signed by the Parties.
10. Governing Law
This Agreement shall be governed by the laws of the State of Ohio, and the venue for any
claim relating to said Agreement shall be an applicable Court in Franklin County, Ohio.
The Parties hereto have executed this Agreement on the date(s) indicated immediately
below their respective signatures.
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{Signatures on the following page}
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SELLER:
Board of Education of the Dublin City School
District, an Ohio school district
Brian Kern, Treasurer
__________________________________
Date
Chris Valentine, Board President
__________________________________
Date
PURCHASER:
City of Dublin, Ohio, an Ohio Municipal
Corporation
__________________________________
Dana L. McDaniel, City Manager
__________________________________
Date
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EXHIBIT “A”
(SEE ATTACHED UTILITY EASEMENT)
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EXHIBIT “B”
(SEE ATTACHED CONSERVATION EASEMENT)
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EXHIBIT “C”
(SEE ATTACHED TEMPORARY EASEMENTS)
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EXHIBIT “D”
(SEE ATTACHED DEPICTION OF NEW BUS EXIT POINT AND NEW BUS EXIT ROUTE)
0127206.0607928 4815-3098-8767v1
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Portion above reserved for County Recorder, Engineer and Auditor’s Offices Use
PERMANENT UTILITY EASEMENT
FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, STORM
DRAINAGE, AND GRADING
THIS PERMANENT UTILITY EASEMENT FOR CONSTRUCTION AND MAINTENANCE
OF PUBLIC UTILITIES, STORM DRAINAGE, AND GRADING (the "Easement") is made and
entered into this ____ day of __________________ 2021, by and between BOARD OF EDUCATION
OF THE DUBLIN CITY SCHOOL DISTRICT, an Ohio school district and political subdivision of
the State of Ohio (“Grantor”), whose tax mailing address is whose tax mailing address is 5175
Emerald Parkway, Fourth Floor, Dublin, Ohio 43017, and the CITY OF DUBLIN, OHIO,
("Grantee"), an Ohio municipal corporation whose tax mailing address is 5555 Perimeter Drive,
Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property identified as Franklin County parcel number
274-000157-00, having a physical address of 6371 Shier Rings Road, Dublin, Ohio (the
"Grantor’s Property"); and
WHEREAS, Grantee desires a permanent easement for the construction and maintenance of
public utilities, storm drainage, and grading over, under, and through 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 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:
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1. Grant of Permanent Easement. Grantor conveys and grants to Grantee, its
successors and assigns, a permanent and perpetual, non-exclusive easement in, through, over,
and under the Easement Area for the following purposes: (i) to construct, install, operate,
maintain, repair, and replace (a) utility lines for water, sewer, and facilities and appurtenances
incidental thereto, including, but not limited to, conduits, equipment, meters, valves, regulators,
manholes, drain pipes, fixtures, and other appurtenances and facilities and (b) drainage
improvements and related facilities (collectively, the “Facilities”); (ii) for other construction
purposes related to the project, including, but not limited to, grading and slope construction; (iii)
ingress and egress over those portions of Grantor’s Property adjacent to the Easement Area that
are reasonably necessary to facilitate Grantee’s use of the Easement Area; and (iv) the right to do
all things necessary, proper, or incidental to the successful operation and maintenance of such
utilities and Facilities. 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, as soon as reasonably practicable after installation of the
Facilities and utilities, including any maintenance of and alterations and repairs thereto, and
completion of related work, including grading work, shall cause the Easement Area to be
restored to its former condition (including replacement of landscaping) as nearly as is reasonably
practicable. Grantor has the right to enter on and use the Easement Area for any purpose
provided such entry or use by Grantor does not in any way impair or hinder the rights granted to
Grantee in this Easement.
2. Access to Easement Area/Obligations of Grantee. Grantor understands and
agrees that, with Grantee’s consent, Grantee’s agents, employees, and independent contractors
are permitted to work in the Easement Area within the scope of the rights granted under this
Easement. Grantee, its agents, employees, independent contractors, and successors and assigns,
release Grantor from any and all claims, actions, or damages related to the use and enjoyment by
Grantee, its agents, employees, independent contractors, and successors and assigns, of the
Easement Area. Grantee, its agents, employees, independent contractors, and successors and
assigns also release the Grantor from any and all claims, actions, or damages arising out of
Grantor’s use of Grantor’s Property consistent with its intended purpose as a transportation
facility, so long as such use does not constitute negligence, or willful or wanton misconduct.
Grantee agrees that when it performs work in the Easement Area, or when Grantee’s agents,
employees, independent contractors, and successors and assigns perform work in the Easement
Area, Grantee, its agents, employees, independent contractors, and successors and assigns shall
maintain commercial general liability insurance in an amount of at least $1,000,000 per
occurrence and $1,000,000 in the aggregat e, and shall list Grantor as an additional insured
consistent with the terms of this Easement. Grantee may assign its rights under this Agreement,
but Grantee shall not be relieved of its obligations under this Agreement.
3. 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
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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.
4. 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.
5. 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.
6. 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.
7. Governing Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
8. 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.
9. 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.
10. 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.
Executed this _____ day of ________________________, 2021.
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{Signatures on the following page}
GRANTOR:
Board of Education of the Dublin City School
District, an Ohio school district
Brian Kern, Treasurer
Chris Valentine, Board President
GRANTEE:
City of Dublin, Ohio, an Ohio Municipal
Corporation
__________________________________
Dana L. McDaniel, City Manager
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{Acknowledgments on the following page}
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STATE OF OHIO )
COUNTY OF FRANKLIN ) SS:
BE IT REMEMBERED, that on this ____ day of _________, 2021, 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.
The notarial act certified hereby is an acknowledgment. No oath or affirmation was
administered to the signer with regard to the notarial act certified to hereby.
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 ) SS:
BE IT REMEMBERED, that on this _____ day of _________________, 2021, before me,
the subscriber, a Notary Public in and for said county and state, personally came Brian Kern, the
Treasurer of Grantor Board of Education of the Dublin City School District, who acknowledged
the signing thereof to be his/her free act and deed for and on behalf of Grantor. The notarial act
certified hereby is an acknowledgment. No oath or affirmation was administered to the signer
with regard to the notarial act certified to hereby.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
Notary Public
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STATE OF OHIO )
COUNTY OF ) SS:
BE IT REMEMBERED, that on this _____ day of _________________, 2021, before me,
the subscriber, a Notary Public in and for said county and state, personally came Chris Valentine,
the Board President of Grantor Board of Education of the Dublin City School District, who
acknowledged the signing thereof to be his/her free act and deed for and on behalf of Grantor.
The notarial act certified hereby is an acknowledgment. No oath or affirmation was
administered to the signer with regard to the notarial act certified to hereby.
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
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Exhibit A
Legal Description
PARCEL 3-U
0.043 ACRE
PERMANENT EASEMENT
A permanent easement in, upon and over the described real estates. Grantor/Owner herein retains
the right to use said real estate for any and all other purposes provided that such use does not
interfere with nor impair the exercise of the easement herein granted (as used herein, the
expression “Grantor/Owner” includes the plural, and words in the masculine include the
feminine or neuter).
[Surveyor’s description of premises follows]
Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia
Military District Survey Number 3452, being on, over, and across that 17.82 acre tract conveyed
to The Board of Education, Dublin City School District by deed of record in Instrument Number
199709170095760, (all references are to the records of the Recorder’s Office, Franklin County,
Ohio) being more particularly described as follows:
BEGINNING in the southerly right-of-way line of Shier-Rings Road (C.R. 42), in the
southerly line of that 1.215 acre tract conveyed to the City of Dublin, Ohio by deed of record in
Instrument Number 201608030101293, at the common corner of said 17.82 acre tract and that
16.11 acre tract conveyed to The City of Dublin, Ohio by deed of record in Instrument Number
199709170095761;
Thence South 18° 37' 24" East, with the line common to said 17.82 and 16.11 acre tracts,
a distance of 3.74 feet to a point;
Thence South 82° 24' 43" West, across said 17.82 acre tract, a distance of 122.46 feet to a
point of curvature;
Thence continuing across said 17.82 acre tract, with the arc of a curve to the right, having
a central angle of 14° 50' 11", a radius of 515.00 feet, an arc length of 133.36 feet, a chord
bearing of South 89° 49' 49" West and chord distance of 132.98 feet to a point in the southerly
right-of-way line of said Shier-Rings Road, in the line common to said 17.82 and 1.215 acre
tracts;
Thence North 85° 27' 30" East, with the southerly right-of-way line of said Shier-Rings
Road, said common line, a distance of 253.97 feet to the POINT OF BEGINNING, containing
0.043 acre, more or less.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Heather L. King Date
Professional Surveyor No. 8307
HLK: ap
0_043 ac 20190835-VS-ESMT-PERM-03.doc
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Exhibit B
Survey
0127206.0607928 4847-0735-0992v2
SHIER RINGS ROAD (C.R. 42)CLHeather L. KingBy ________________________________ ____________DateProfessional Surveyor No.8307hking@emht.comPERMANENT UTILITY EASEMENTVIRGINIA MILITARY DISTRICT SURVEY NUMBER 3004CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
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DEED AND AGREEMENT OF
CONSERVATION EASEMENT
This Deed and Agreement of Conservation Easement (the “Conservation Easement”) is
made and entered into this day of 2021, by and between Board of Education of the
Dublin City School District, an Ohio school district and political subdivision of the State of Ohio
(“Grantor”), whose tax mailing address is 5175 Emerald Parkway, Fourth Floor, Dublin, Ohio
43017, and the City of Dublin, Ohio, ("Grantee"), an Ohio municipal corporation whose tax
mailing address is 5555 Perimeter Drive, Dublin, Ohio 43017.
WHEREAS, Grantor owns the real property identified as Franklin County parcel number
274-000157-00, having a physical address of 6371 Shier Rings Road, Dublin, Ohio (the "Grantor’s
Property"); and
WHEREAS, the Grantee has proposed to construct a portion of the University Blvd. –
Phase 2 / Shier Rings Rd & Avery Rd Intersection Improvement Project (the “Project”), which
Project may have environmental impacts to certain surface water bodies located on certain other
real property (“Project Property”) and required the Grantee to obtain 401 Water Quality
Certification (“401 WQC”) from the Ohio Environmental Protection Agency Ohio EPA (ID No.
196456); and
WHEREAS, in order to protect the quality of the surface waters located on the Project
Property, the Ohio EPA has required Grantee, as a condition of being issued the 401 WQC, to
mitigate for its environmental impacts associated with the Project. As part of this required
mitigation associated with Grantee’s 401 WQC, Grantee has requested that Grantor grant to
Grantee a perpetual conservation easement in and to a portion of the Grantor’s Property, which is
more specifically identified on Exhibits A and B attached hereto (the “Property”); and
WHEREAS, Grantee is an entity qualified to hold a Conservation Easement in accordance
with Ohio Revised Code § 5301.69; and
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WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor
stated herein and to preserve and protect the conservation values of the Property for the benefit of
this generation and generations to come.
NOW THEREFORE, in consideration of the foregoing premises, the mutual promises
and covenants contained herein, and for valuable consideration paid, the parties hereto agree as
follows:
1. Grant of Easement: Grantor hereby grants and conveys to Grantee, its successors
and assigns, an estate, interest, easement, and servitude in and to the Property of
the nature and character and to the extent hereinafter expressed, to be and to
constitute a servitude upon the Property, which estate, interest, easement and
servitude will result from the covenants and restrictions set forth herein and hereby
imposed upon the use of the Property by Grantor, and, to that end and for the
purpose of accomplishing the intent of the parties hereto, Grantor covenants on
behalf of itself, its heirs, successors and assigns with Grantee its successors and
assigns to do and refrain from doing, severally and collectively, upon the Property,
the various acts hereinafter described, it being hereby agreed and expressed that the
doing and the refraining from said acts, and each thereof, is and will be for the
benefit of Grantee.
2. Term of Easement: The easement granted hereunder shall be perpetual and shall
have no expiration date.
3. Conservation Values: The Property possesses substantial value in conserving and
protecting the physical, biological and chemical integrity of the Cosgray Ditch and
is important in the protection of the existing or designated use of the waters of the
state pursuant to §303 of the Clean Water Act, 33 U.S.C. §1313 and §6111.041 of
the Ohio Water Pollution Control Act. The specific conservation values
(hereinafter "Conservation Values") of the Property have been documented in a
document entitled “Cosgray Ditch Restoration Mitigation Plan, City of Dublin,
Ohio, Revised March 6, 2020 (the “Mitigation Plan”).
4. Prohibited Actions: Any activity on or use of the Property inconsistent with the
purposes of this Conservation Easement or detrimental to the conservation values
expressed herein is expressly prohibited. By way of example, and not of limitation,
the following activities and uses are explicitly prohibited on the Property:
a. Division: Any division or subdivision of the Property is prohibited;
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b. Commercial Activities: Commercial development or industrial activity is
prohibited;
c. Construction: The placement or construction of any man-made
modifications such as buildings, structures, fences, roads and parking lots
is prohibited;
d. Cutting and Other Control of Vegetation: Any cutting of trees, ground
cover or vegetation, or destroying by means of herbicides or pesticides on
the Property is prohibited, other than the removal or control of invasive and
noxious species or the implementation of the Project authorized by the 401
WQC;
e. Land Surface Alteration: The removal of soil, sand, gravel, rock, minerals
or other materials from the Property, or doing any act that would alter the
topography of the Property shall be prohibited, except as authorized by the
401 WQC;
f. Dumping: Waste, garbage, and unsightly or offensive materials are not
permitted and may not be accumulated on the Property;
g. Water Courses: Natural water courses and streams and adjacent riparian
buffers may not be dredged, straightened, filled, channelized, impeded,
diverted or otherwise altered, except as authorized by the 401 WQC;
h. Recreational Trails and Vehicles: Recreational uses that disturb or
compact the soils or destroy or inhibit growth of vegetation are prohibited;
i. Utilities: The Parties acknowledge that certain Grantee-operated and
maintained public utilities presently exist within the Property, as identified
in the attached Exhibits. Grantor hereby conveys any and all necessary
rights to service, maintain, operate, and replace the existing public utilities,
which include a sanitary sewer line and a water main as depicted on the
attached Exhibit C as the 30’ Permanent Easement Cosgray Trunk Sewer
1988. New construction of utilities on the Property, however, shall be
prohibited. Underground or above-ground utilities may only be constructed
if no other alternative are available and Ohio EPA has approved the
exception. Ohio EPA is aware of and has approved Grantor’s rights
conveyed herein to the currently existing public utilities;
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j. Other Activities: Each and every other activity or construction project
which might endanger the natural, scenic, biological, ecological integrity of
the Property shall be prohibited.
5. Rights of Grantee: Grantor confers the following rights upon the Grantee to
perpetually maintain the conservation values of the Property:
a. Right to Enter: The Grantee has the right to enter the Property at reasonable
times to monitor or to enforce compliance with this Conservation Easement,
or to service, maintain, operate, and replace the existing public utilities,
which include a sanitary sewer line and a water main as depicted on the
attached Exhibit C as the 30’ Permanent Easement Cosgray Trunk Sewer
1988. Such entry shall be upon prior reasonable notice to Grantor. Grantee
may not, however, unreasonably interfere with Grantor’s use and quiet
enjoyment of the Property. The Grantee has no right to permit others to enter
the Property. The general public is not granted access to the Property under
this Conservation Easement.
b. Right to Preserve: The Grantee has the right to prevent any activity on or
use of the Property that is inconsistent with the terms or purposes of this
Conservation Easement.
c. Right to Require Restoration: The Grantee shall have the right to require
the restoration of the areas or features of the Property which are damaged
by any activity inconsistent with this Conservation Easement.
d. Signs: The Grantee shall have the right to place signs on the Property which
identify the land as being protected by this Conservation Easement. The
number, size, design, and content of any such signs are subject to the
Grantor’s prior approval.
e. Assignment: This Conservation Easement is transferable, but the Grantee
may assign it rights and obligations under this Conservation Easement only
to an organization or entity that is qualified to hold conservation easements
under Ohio law, and any applicable federal tax law, at the time of transfer;
and only to an organization that is approved by the Ohio EPA and US Army
Corps of Engineers. Any transfer shall remain subject to the terms and
5
conditions of this Conservation Easement and the subsequent easement
holder shall be bound by the terms and conditions hereof, subject to
amendment or termination as set forth herein.
Grantee agrees to give written notice to Grantor, Ohio EPA, and the US
Army Corps of Engineers of the transfer of any interest at least 60 days prior
to the date of such transfer. Grantee’s notice shall include the name, address,
and telephone number of the transferee and a copy of this Conservation
Easement.
6. Rights Reserved to Grantor: Grantor reserves to itself, and to its personal
representatives, heirs, successors and assigns, all rights accruing from its ownership
of the Property, including the right to engage in or permit or invite others to engage
in all uses of the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the
generality of the foregoing, the following rights are expressly reserved:
a. Right to Convey: The Grantor retains the right to sell, mortgage, bequeath,
donate or otherwise convey the Property. Any conveyance shall remain
subject to the terms and conditions of this Conservation Easement and the
subsequent interest holder shall be bound by the terms and conditions
hereof.
Grantor agrees to give written notice to Grantee, Ohio EPA, and the US
Army Corps of Engineers of the conveyance of an interest in any portion of
the Easement Area at least 60 days prior to the date of such conveyance.
Grantee’s notice shall include the name, address, and telephone number of
the transferee and a copy of this Conservation Easement.
b. Right to Maintain: The Grantor retains the right to maintain, renovate and
replace any existing structure(s), if any, on the Property, in substantially the
same location and size. Any expansion or replacement may not substantially
alter the character or function of the structure, and requires the Grantee’s
prior written approval.
c. Right to Access: The Grantor shall retain the right of unimpeded access to
the Property.
6
7. Grantee’s Remedies: In the event of a breach of this Conservation Easement,
Grantee shall have the following remedies and shall be subject to the following
limitations:
a. Delay in Enforcement: A delay in enforcement shall not be construed as a
waiver of Grantee’s right to enforce the terms of this Conservation
Easement.
b. Acts Beyond Grantor’s Control: Grantee may not bring an action against
the Grantor for modifications occurring to the Property which result from
causes beyond the Grantor’s control. Examples include, without limitation:
unintentional fires, storms, natural earth movement, trespassers or the
Grantor’s well-intentioned actions in response to an emergency which result
in changes to the Property. Grantor has no responsibility under this
Conservation Easement for such unintended modifications. Grantee may,
however, bring an action against another party for modifications that impair
the conservation values identified in this Conservation Easement.
c. Notice and Demand: If Grantee determines that Grantor is in violation of
this Conservation Easement, or that a violation is threatened, Grantee shall
provide written notice to Grantor unless the violation constitutes immediate
and irreparable harm. The written notice shall identify the violation and
request corrective action to cure the violation or restore the Property.
d. Failure to Act: If, for a twenty-eight (28) day period after the date of written
notice provided pursuant to subparagraph c., above, Grantor continues
violating this Conservation Easement, or if Grantor does not abate the
violation or begin to implement corrective measures within the foregoing
twenty-eight (28) day period requested by Grantee, or fails to continue
diligently to cure such violation until finally cured, Grantee may bring an
action in law or in equity to enforce the terms of the Conservation Easement
and recover any damages for the loss of the conservation values protected
hereunder. Grantee is also entitled to enjoin the violation through injunctive
relief, seek specific performance, declaratory relief, restitution,
reimbursement of expenses or an order compelling restoration of the
Property.
e. Unreasonable Litigation: If Grantee initiates litigation against Grantor to
enforce this Conservation Easement, and if the court determines that the
7
litigation was without reasonable cause or in bad faith, then the court may
require Grantee to reimburse Grantor’s reasonable costs and attorneys’ fees
incurred in defending the action.
f. Grantor’s Absence: If Grantee determines, in its reasonable judgment, that
this Conservation Easement is, or is expected to be, violated, Grantee will
make a good faith effort to notify Grantor. If, through reasonable efforts,
Grantor cannot be notified, and if Grantee determines that circumstances
justify prompt action to mitigate or prevent impairment of the Conservation
Easement, then Grantee may pursue its lawful remedies without prior notice
and without awaiting Grantor’s opportunity to cure.
g. Actual or Threatened Non-Compliance: Grantor acknowledges that
actual or threatened events of non-compliance under this Conservation
Easement constitute immediate and irreparable harm. Grantee is entitled to
invoke the equitable jurisdiction of the court to enforce this Conservation
Easement.
h. Cumulative Remedies: The preceding remedies of Grantee are cumulative.
Any, or all, of the remedies may be invoked by Grantee if there is an actual
or threatened violation of this Conservation Easement.
8. Ownership Costs and Liabilities: In accepting this Conservation Easement,
Grantee shall have no liability or other obligation for costs, liabilities, taxes or
insurance of any kind related to the Property, except as otherwise agreed to between
Grantor and Grantee. Grantee and its trustees, officers, employees, agents and
members have no liability arising from injury or death to any person or from
physical damage to any other property located on the Property or otherwise.
9. Cessation of Existence: If Grantee shall cease to be authorized to acquire and hold
conservation easements, then this Conservation Easement shall become vested in
another qualified entity that is eligible to acquire and hold a conservation easement
under Ohio law, upon the mutual consent of Grantor and Ohio EPA.
10. Termination: This Conservation Easement may be extinguished only by an
unexpected change in condition which causes it to be impossible to fulfill the
Conservation Easement’s purposes, or by exercise of eminent domain.
8
a. Unexpected Change in Conditions: If subsequent circumstances render
the purposes of this Conservation Easement impossible to fulfill, then this
Conservation Easement may be partially or entirely terminated only by
judicial proceedings. Grantee will then be entitled to compensation in
accordance with applicable laws and in proportion to Grantee’s interest in
the Property at the effective date of this Conservation Easement.
b. Eminent Domain: If the Property is taken, in whole or in part, by power of
eminent domain, then Grantee will be entitled to compensation in
accordance with applicable laws and in proportion to Grantee’s interest in
the Property at the effective date of this Conservation Easement.
11. Recordation: Grantee, at its sole cost and expense, shall record this instrument in
a timely fashion in the official records of Franklin County, Ohio and may re-record
it at any time as may be required to preserve its rights in this Conservation
Easement.
12. Liberal Construction: This Conservation Easement shall be liberally construed in
favor of maintaining the conservation values of the Property. The section headings
and subheadings identified herein are for reference purposes only and shall not be
used to interpret the meaning of any provision hereof.
13. Notices: For purposes of this Conservation Easement, notices may be provided to
either party, by personal delivery or by mailing a written notice to that party at the
address shown at the outset of this agreement, or at the last known address of a
party, by overnight delivery, postage prepaid. Delivery will be complete upon
receipt as evidenced by the properly addressed notice with the overnight courier’s
records of delivery.
14. Severability: If any portion of this Conservation Easement is determined to be
invalid or unenforceable, the remaining provisions of this agreement will remain in
full force and effect.
15. Subsequent Transfers: This Conservation Easement shall be a covenant running
with the land and shall constitute a burden on the Property and shall run to the
benefit of the parties hereto and their successors in interest. All subsequent owners
of the Property shall be bound to all provisions of this Conservation Easement to
the same extent as the current parties. Grantor shall incorporate the terms of this
Conservation Easement in any deed or other legal instrument by which they divest
9
themselves of any interest in all or a portion of the Property, including, without
limitation, a leasehold interest. Grantor further agrees to give written notice to
Grantee and Ohio EPA of the transfer of any interest at least thirty (30) days prior
to the date of such transfer.
16. Termination of Rights and Obligations: A party’s future rights and obligations
under this Conservation Easement shall terminate upon the transfer of that party’s
interest in the Property. Liability for acts or omissions occurring prior to transfer
shall survive any such transfer.
17. Applicable Law: This agreement shall be governed by, and construed in
accordance with the substantive law of the State of Ohio, irrespective of its conflicts
of laws rules.
18. Entire Agreement: This Conservation Easement sets forth the entire agreement of
the parties and supersedes all prior discussions and understandings.
19. Effective Date: The effective date of this Conservation Easement shall be the date
of recording in the official records of Franklin County, Ohio.
Executed this _____ day of ________________________, 2021.
{Remainder of page intentionally left blank}
{Signatures on the following page}
10
GRANTOR:
Board of Education of the Dublin City
School District, an Ohio school district
Brian Kern, Treasurer
Chris Valentine, Board President
GRANTEE:
City of Dublin, Ohio, an Ohio Municipal
Corporation
__________________________________
Dana L. McDaniel, City Manager
{Remainder of page intentionally left blank}
{Acknowledgments on the following page}
11
STATE OF OHIO )
COUNTY OF FRANKLIN ) SS:
BE IT REMEMBERED, that on this ____ day of _________, 2021, 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. The notarial act certified
hereby is an acknowledgment. No oath or affirmation was administered to the signer with regard
to the notarial act certified to hereby.
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 ) SS:
BE IT REMEMBERED, that on this _____ day of _________________, 2021, before me, the
subscriber, a Notary Public in and for said county and state, personally came Brian Kern, the
Treasurer of Grantor Board of Education of the Dublin City School District, who acknowledged
the signing thereof to be his/her free act and deed for and on behalf of Grantor. The notarial act
certified hereby is an acknowledgment. No oath or affirmation was administered to the signer
with regard to the notarial act certified to hereby.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
Notary Public
12
STATE OF OHIO )
COUNTY OF ) SS:
BE IT REMEMBERED, that on this _____ day of _________________, 2021, before me, the
subscriber, a Notary Public in and for said county and state, personally came Chris Valentine, the
Board President of Grantor Board of Education of the Dublin City School District, who
acknowledged the signing thereof to be his/her free act and deed for and on behalf of Grantor. The
notarial act certified hereby is an acknowledgment. No oath or affirmation was administered to
the signer with regard to the notarial act certified to hereby.
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 was prepared by the Ohio Environmental Protection Agency and: Frost Brown
Todd LLC, 10 W Broad St., Suite, 2300, Columbus, OH 43215
16100255v1
Exhibit A
Legal Description of Property
PARCEL 3-C
0.293 ACRE
CONSERVATION EASEMENT
A conservation easement in, upon and over the described real estates. Grantor/Owner herein
retains the right to use said real estate for any and all other purposes provided that such use does
not interfere with nor impair the exercise of the easement herein granted (as used herein, the
expression “Grantor/Owner” includes the plural, and words in the masculine include the
feminine or neuter).
[Surveyor’s description of premises follows]
Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia
Military District Survey Number 3004, being on, over, and across that 17.82 acre tract conveyed
to The Board of Education Dublin City School District by deed of record in Instrument Number
199709170095760, (all references are to the records of the Recorder’s Office, Franklin County,
Ohio) being more particularly described as follows:
Beginning, for reference, in the southerly right-of-way line of Shier-Rings Road (C.R.
42), in the southerly line of that 1.215 acre tract conveyed to the City of Dublin, Ohio by deed of
record in Instrument Number 201608030101293, at the common corner of said 17.82 acre tract
and that 16.11 acre tract conveyed to The City of Dublin, Ohio by deed of record in Instrument
Number 199709170095761;
Thence South 18° 37' 24" East, with the line common to said 17.82 and 16.11 acre tracts,
a distance of 3.74 feet to the TRUE POINT OF BEGINNING;
Thence South 18° 37' 24" East, continuing with said common line, a distance of 38.72
feet to a point;
Thence across said 17.82 acre tract, the following courses and distances:
South 82° 24' 43" West, a distance of 129.87 feet to a point of curvature;
With the arc of a curve to the right, having a central angle of 19° 21' 08", a radius of
553.00 feet, an arc length of 186.78 feet, a chord bearing of North 87° 54' 43" West and chord
distance of 185.89 feet to a point of tangency; and
North 78° 14' 09" West, a distance of 94.82 feet to a point in the southerly right-of-way
line of said Shier-Rings Road, the line common to said 17.82 and 1.215 acre tracts;
Thence North 85° 27' 30" East, with the southerly right-of-way line of said Shier-Rings
Road, said common line, a distance of 141.04 feet to a point on the arc of a curve;
Thence across said 17.82 acre tract, with the arc of a curve to the left, having a central
angle of 14° 50' 11", a radius of 515.00 feet, an arc length of 133.36 feet, a chord bearing of
North 89° 49' 49" East and chord distance of 132.98 feet to a point of tangency;
Thence North 82° 24' 43" East, continuing across said 17.82 acre tract, a distance of
122.46 feet to the TRUE POINT OF BEGINNING, containing 0.293 acre, more or less.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Heather L. King Date
Professional Surveyor No. 8307
HLK: ap
0_293 ac 20190835-VS-ESMT-CVNT-03.doc
16100255v1
Exhibit B
Survey
SHIER RINGS ROAD (C.R. 42)CLHeather L. KingBy ________________________________ ____________DateProfessional Surveyor No.8307hking@emht.comPERMANENT CONSERVATION EASEMENTVIRGINIA MILITARY DISTRICT SURVEY NUMBER 3004CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIODRAFT
16100255v1
Exhibit C
Aerial Image
SHIER RINGS ROAD (C.R. 42)CLPERMANENT CONSERVATION EASEMENTVIRGINIA MILITARY DISTRICT SURVEY NUMBER 3004CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
1
Portion above reserved for County Recorder, Engineer and Auditor’s Offices Use
TEMPORARY EASEMENT
THIS TEMPORARY EASEMENT (the "Easement") is made and entered into this ____ day of
__________________ 2021, by and between BOARD OF EDUCATION OF THE DUBLIN CITY
SCHOOL DISTRICT, an Ohio school district and political subdivision of the State of Ohio
(“Grantor”), whose tax mailing address is whose tax mailing address is 5175 Emerald Parkway,
Fourth Floor, Dublin, Ohio 43017, and the CITY OF DUBLIN, OHIO, ("Grantee"), an Ohio
municipal corporation whose tax mailing address is 5555 Perimeter Drive, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property identified as Franklin County parcel number
274-000157-00, having a physical address of 6371 Shier Rings Road, Dublin, Ohio (the
"Grantor’s Property"); and
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 twenty-four (24) months, commencing on the date construction
begins, for the purpose of construction and grading in connection with the University Blvd. – Phase
2 / Shier Rings Rd & Avery Rd Intersection Improvement Project (the “Project”); and
WHEREAS, as described on Exhibit A and depicted on Exhibit B, the Easement Area is
comprised of two separate locations: 3-T1, containing 1.391 acres (“3-T1”) and 3-T2, containing
0.197 acres (“3-T2”) in which Grantee shall create an access drive onto Grantor’s Property from
Fleet Drive; and
WHEREAS, 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.
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:
2
1. Grant of Temporary Easement/T-1 Portion of Easement Area. Grantor grants to
Grantee, its successors and assigns, a temporary, non-exclusive easement in gross in, through,
over and under the T-1 portion of the Easement Area for a period of twenty-four (24) months,
commencing on the date construction begins on Grantor’s Property as part of the Project, for the
purpose of construction, grading, and access as part of the Project. Grantee, its agents, employees
and independent contractors shall have the right to enter on and use the Easement Area in
connection with the performance of certain work on the Grantor’s Property, including, but not
limited to, construction, grading, utility work, sewer work, and for any other purpose reasonably
necessary in connection with the same. Upon termination of the aforementioned activities,
Grantee shall, at its sole cost and expense, restore the Easement Area as nearly as reasonably
practicable to the condition that existed prior to the entry thereon by Grant.
2. Grant of Temporary Easement/T-2 Portion of Easement Area. Grantor grants to
Grantee, its successors and assigns, a temporary, non-exclusive easement in gross in, through,
over and under the T-2 portion of the Easement Area for a period of twenty-four (24) months
commencing on the date construction begins on Grantor’s Property as part of the Project, for the
purpose of constructing a new access drive to Grantor’s Property from Fleet Drive to help
alleviate the impact of the construction work for the Project on Grantor’s operations on Grantor’s
Property. Grantee, its agents, employees and independent contractors shall have the right to
enter on and use the Easement Area in connection with the performance of certain work on the
Grantor’s Property, including, but not limited to, construction, grading and for any other purpose
reasonably necessary in connection with the same.
3. Access to Easement Area/Obligations of Grantee. Grantor understands and
agrees that, with Grantee’s consent, Grantee’s agents, employees, and independent contractors
are permitted to work in the Easement Area within the scope of the rights granted under this
Easement. Grantee, its agents, employees, independent contractors, and successors and assigns,
release Grantor from any and all claims, actions, or damages related to the use and enjoyment by
Grantee, its agents, employees, independent contractors, and successors and assigns, of the
Easement Area. Grantee, its agents, employees, independent contractors, and successors and
assigns also release the Grantor from any and all claims, actions, or damages arising out of
Grantor’s use of Grantor’s Property consistent with its intended purpose as a transportation
facility, so long as such use does not constitute gross negligence, or willful or wanton
misconduct. Grantee agrees that when it performs work in the Easement Area, or when
Grantee’s agents, employees, independent contractors, and successors and assigns perform work
in the Easement Area, Grantee, its agents, employees, independent contractors, and successors
and assigns shall maintain commercial general liability insurance in an amount of at least
$1,000,000 per occurrence and $1,000,000 in the aggregate, and shall list Grantor as an
additional insured consistent with the terms of this Easement. Grantee may assign its rights
under this Agreement but Grantee shall not be relieved of its obligations under this Agreement.
3
4. 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.
5. 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.
6. 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.
7. 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.
8. Governing Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
9. 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 with reference made to this Easement.
10. 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.
11. 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.
Executed this _____ day of ________________________, 2021.
4
GRANTOR:
Board of Education of the Dublin City School
District, an Ohio school district
Brian Kern, Treasurer
Chris Valentine, Board President
GRANTEE:
City of Dublin, Ohio, an Ohio Municipal
Corporation
__________________________________
Dana L. McDaniel, City Manager
{Remainder of page intentionally left blank}
{Acknowledgments on the following page}
5
STATE OF OHIO )
COUNTY OF FRANKLIN ) SS:
BE IT REMEMBERED, that on this ____ day of _________, 2021, 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.
The notarial act certified hereby is an acknowledgment. No oath or affirmation was
administered to the signer with regard to the notarial act certified to hereby.
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 ) SS:
BE IT REMEMBERED, that on this _____ day of _________________, 2021, before me,
the subscriber, a Notary Public in and for said county and state, personally came Brian Kern, the
Treasurer of Grantor Board of Education of the Dublin City School District, who acknowledged
the signing thereof to be his/her free act and deed for and on behalf of Grantor. The notarial act
certified hereby is an acknowledgment. No oath or affirmation was administered to the signer
with regard to the notarial act certified to hereby.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
Notary Public
6
STATE OF OHIO )
COUNTY OF ) SS:
BE IT REMEMBERED, that on this _____ day of _________________, 2021, before me,
the subscriber, a Notary Public in and for said county and state, personally came Chris Valentine,
the Board President of Grantor Board of Education of the Dublin City School District, who
acknowledged the signing thereof to be his/her free act and deed for and on behalf of Grantor.
The notarial act certified hereby is an acknowledgment. No oath or affirmation was
administered to the signer with regard to the notarial act certified to hereby.
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
7
Exhibit A
Legal Descriptions
PARCEL 3-T2 0.197 ACRETEMPORARY EASEMENTA temporary easement in，upon and over the described real estates. Grantor/Owner herein retains the right to use said real estate for any and all other purposes provided that such use does not interfere with nor impair the exercise of the easement herein granted (as used herein, the expression ‘‘Grantor/Owner’’ includes the plural, and words in the masculine include the feminine or neuter).J_Survevor’s description of premises follows丄Situated in the State of Ohio, County of Franklin, City of Dublin, lying in Virginia Military District Survey Number 3452, being on，over，and across that 17.82 acre tract conveyed to The Board of Education, Dublin City School District by deed of record in Instrument Number 199709170095760, (all references are to the records of the Recorder’s Office, Franklin County, Ohio) being more particularly described as follows:Beginning, for reference, in the northeasterly comer of said 17.82 acre tract, in the northwesterly comer of that 10.11 acre tract as conveyed to The City of Dublin, Ohio by deed of record in Instrument Number 199709170095761 and m the southerly line of that 1.215 acre tract as conveyed to City of Dublin, Ohio by deed of record in Instrument Number 201608030101293;Thence South 18° 37’ 24” East, with the line common to said 17.82 acre and 16.11 acre tracts, a distance of 347.35 feet to the TRUE POINT OF BEGINNING;Thence South 18° 37’ 24’’ East，continuing with said common line, a distance of 26.02 feet to a comer thereof;Thence South 41° 59’ 49” West, with the southeasterly line of said 17.82 acre tract and with the northwesterly line of said 16.11 acre tract, a distance of 59.67 feet to a point;Thence across said 17.82 acre tract，the following courses and distances:North 48o 04’ 31” West, a distance of 130.12 feet to a point;North 42° 06’ 30” East，a distance of 59.20 feet to a point; andSouth 55ᄋ07’ 02” East, a distance of 108.17 feet to the TRUE POINT OF BEGINNING, containing 0.197 acre，more or less.EVANS，MECHWART，HAMBLETON & TILTON，INC.Heather L. King Professional Surveyor No. 8307DateHLK: td0_197 ac 20190835-VS-ESMT-TEMP-03.doc
8
Exhibit B
Surveys
0127206.0607928 4814-1370-8496v2
SHIER RINGS ROAD (C.R. 42)CLHeather L. KingBy ________________________________ ____________DateProfessional Surveyor No.8307hking@emht.com TEMPORARY EASEMENTVIRGINIA MILITARY DISTRICT SURVEY NUMBER 3004CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
SHIER-RINGS ROAD (C
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.
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2
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TEMPORARY EASEMENT
VIRGINIA MILITARY DISTRICT SURVEY NUMBER 3004
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
Heather L. King
By ________________________________ ____________
Date
Professional Surveyor No.8307
hking@emht.com
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SHEET EXHIBIT DDUBLIN SCHOOLS -NEW BUS ACCESS DRIVEGRAPHIC SCALE01 inch = 60 feet12030601/1
20181446
APRIL, 2021
As Noted Above