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Home My WebLink About58-07 ResolutionRECORD OF RESOLUTIONS 1 1 Dayton Legal Blank, Inc ,Form No 30045 Resolution No. 58-0 / Passed . 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.115 ACRES, MORE OR LESS, ACCESS EASEMENT, DONATED BY THE VINEYARD CHRISTIAN FELLOWSHIP AT TUTTLE CROSSING, LOCATED ON AVERY ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, the Vineyard Christian Fellowship at Tuttle Crossing is the owner in fee simple of the real property located at 5400 Avery Road, Dublin, Ohio; and WHEREAS, said real property contains an emergency warning siren to which the City of Dublin ("City") desires to gain access for maintenance purposes; and WHEREAS, in order to gain access to the emergency warning siren, the City must obtain an Access Easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Franklin County, Ohio; and WHEREAS, the City desires to receive as a donation from Vineyard Christian Fellowship at Tuttle Crossing an Access Easement described in the attached Exhibit "A" located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, this donation will require Vineyard Christian Fellowship at Tuttle Crossing to execute an Access Easement to the City of Dublin without consideration or compensation being paid to Vineyard Christian Fellowship at Tuttle Crossing. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~~ of the elected members concurring that: Section 1. The City Manager is hereby authorized to accept and receive an Access Easement related to the donation from Vineyard Christian Fellowship at Tuttle Crossing. Section 2. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~ day of <J ~ ~!n ~~/, 2007. Mayor -Presiding Officer ATTEST: Clerk of Council 1 SCHOTTENSTEIN ZOX&DUNN , MEMORANDUM TO: Dublin City Council Jane S. Brautigam Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Tricia C. Bell DATE: August 31, 2007 RE: Resolution 58-07 -Easement fi~om Vineyard Christian Fellowship Access for Emergency Warning Sirens. PROJECT BACKGROUND The Vineyard Christian Fellowship at Tuttle Crossing ("Vineyard") owns certain real property located at SA00 Avery Road, City of Dublin, which contains an emergency warning siren. The City of Dublin ("City") desires to gain access to this siren for maintenance and repair purposes. In order for the City to have said access, the City must receive an access easement in and to the premises. The above property owner has been contacted and they are prepared to donate the necessary land in order to provide the City with access to the siren. PROPOSED LEGISLATION: The City needs to acquire a 0.115 acre, more or less, access easement from the Vineyard Christian Fellowship at Tuttle Crossing. After discussions between representatives of Vineyard and City staff, Vineyard agreed to donate the necessary easement at no cost to the City. In order to accept this donation, the Law Department has prepared the attached Resolution providing for the acceptance of the donation and will facilitate the execution of the easement to be recorded. A drawing of the proposed easement is attached thereto for your reference. RECOMMENDATION: Legal Staff recommends approval of Resolution 58-07 accepting the donated easement from Vineyard Christian Fellowship at Tuttle Crossing, which is necessary for the City to have access to the emergency warning siren for maintenance and repair purposes. EXHIBIT "A" DESCRIPTION OF A 0.115 ACRE PERMANENT ACCESS EASEMENT LOCATED EAST OF AVERY ROAD AND THE SOUTH CARA ROAD, FRANKLIN COUNTY, OHIO. SITUATED IN THE STATE OF OHIO. COUNTY OF FRANKLIN, CITY OF DUBLIN, VIRGINA MILITARY SURVEY NUMBER 3004. AND BEING OUT OF A 6.303 ACRE TRACT AS CONVEYED TO VINEYARD CHRISTIAN FELLOWSHIP AT TUTTLE CROSSING, OF RECORDED IN GFFICIAL RECORD VOLUME 8491. PAGE 601 AND KNOWN AS PARCEL "B" (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY. OHIO) SAID 0115 ACRE EASEMENT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE AT A POINT IN THE NORTHERLY LINE OF SAID PARCEL "B", AT A SOUTHWESTERLY CORNER OF A 5.032 ACRE TRACT AS CONVEYED TO WASHINGTON TOWNSHIP TRUSTEES OF RECORD IN OFFICIAL RECORD 3714, PAGE 662: THENCE NORTH 83`29'2"' EAST. WITH THE NORTHERLY LINE OF SAID PARCEL "B" AND THE SOUTHERLY LINE OF SAID 5.032 ACRE TRACT, A DISTANCE OF 80.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING FOR THE HEREIN INTENDED 0.115 ACRE EASEMENT: THENCE NORTH 83°29'21" EAST, CONTINUING WITH THE NORTHERLY LINE OF SAID PARCEL'S" AND THE SOUTHERLY LINE OF SAID 5.032 ACRE TRACT, A DISTANCE OF 250.00 FEET TO A POINT. THENCE FROM SAID POINT, OVER AND ACROSS SAID PARCEL "B" THE FOLLOWING THREE (3) COURSES: 1. NORTH C6`30'39" WEST, 20.00 FEET, TO A POINT: 2. SOUTH 83`29'21" WEST, 250.00 FEET, TO A POINT 3, SOUTH 06°30'39 EAST, 20.00 FEET. TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL B" AND TO THE POINT OF BEGINNING. CONTAINING 0,115 ACRES OF LAND. MORE OR LESS: A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF, THE BASIS OF BEARING USED IN THIS DESCRIPTION IS NORTH 83'29'21" EAST FOR THE NORTH LINE OF PARCEL "B" AS DELINEATED IN OFFICIAL RECORD VOLUME 8491, PAGE 801 AND ALL OTHER BEARINGS CALCULATED FROM THIS MERIDIAN. THIS DESCRIPTION WAS PREPARED FROM AVAILABLE RECORDS ONLY. / •~~,,,, ~, n„q. ;~R L. RYSER. P.S. DATE = ° JERRY L. ~~; ~c ~: PROFESSIONAL SURVEYOR NO. 7599 * RYSER, P.$. ~-o 7599 0:0 :~~ Q`~;c ~. . • 7 ~, cc, SS~ONAI•S~~•. CITY OF DUBLIN PREPARED BY THE CITY OF DUBLIN, DIVISION OF ENGINEERING 5800 Shier Rings Road • puhlin, Ohio 43018-1238 Phnnw (R7 d1d1M4R(I(1 • Fwi (RI117R1-6506 1 I 1 1 11 1 •I PARCEL "B" j 6.303 ACRES III 1 II POINT OF I REFERENCE' ~I S 06'30'39" E ~ 20.00' i 11 VINEYARD CHRISTIAN FELLOWSHIP AT TUTTLE CROSSING ORV 8491, PAGE BO1 II N 06'30'39 I 20.00'- PARCEL "A" I~~ 5.352 ACRES 1 ,I 1 I II I I I I 1 ~~ PERMANENT ACCESS EASEMENT EAST OF AVERY ROAD AND SOUTH OF CARA ROAD D>rBLIN, OHIO I I z DANIEL M. & ANGELA M. I KATONA 1 ~ 0.861 ACRES IN INST. 200510050209647 _ . I~ I rn ~ ~ C1 0 9 ~ o JOHN S. & DEBRA L KUNZE 9 .~ 0.861 ACRES ~ ORV 3671, PAGE 311 ~ ~ dl i9.98' 319.98' TOTAL I N 06'18' 36" W ~ POINT OF WASHINGTON TOWNSHIP TRUSTEES 5.032 ACRES OR 3714, PAGE 662 n<1 !~I Cpl N O O 1 - I I _=J BASIS OF BEARING: N83'29'21 "E FOR THE NORTH LINE OF PARCEL "B" PER ORV 8491, PG. 801 AND ALL OTHER BEARINGS CALCULATED FROM THIS MERIDIAN. 15 ACRES SCALE: t" = 100' 100' S0' 0 100' ~p~~nuu~gi o•S.~QSE OF py~%~ RYSER, P.S. ~ ~~~ 7599 ~°r~o r ''~. S~pNAI S~ •~` ~ I HEREBY CERTIFY THAT: THE FOREGOING DRAWING REPRESENTS THE RESULTS OF RECORDED DOCUMENT AND NO FIELD SURVEY NG OF THE PREMISES WAS PERFORMED AND THAT SAID DRAWING IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. R L. RYSER OHIO PROFESSIONAL SURVEYOR N0. 7599