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HomeMy WebLinkAbout04-86 ResolutionRECORD OF RESOLUTIONS ~ ~ nati~~ ~ Form No. 6233-A National Graphics Corp., Cols., O. ~.~~ 9 M "~ Resolution No. 04-86 Passed -----------------------------------------------19-------- A RESOLUTION ACCEPTING A DEED OF EASEMENT FROM THE DUBLIN BAPTIST CHURCH, AND THE CONDITIONS OF SAID DEED REQUIRED FOR THE CONSTRUCTION OF THE COFFMAN ROAD WATERLINE. WHEREAS, this easement is required for the construction of the Coffman Road waterline; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the Deed of Easement hereto attached as Exhibit "A" and, conditions of same, are hereby approved and accepted. Section 2. That this Resolution is hereby declared an emergency measure necessary for the preservation of the public peace, health and safety and for the further reason that the construction of the Coffman Road Waterline is imminent and necessary and, therefore this Resolution shall take effect and be in force immediately upon its passage. Passed this 3rd day of March 1986. Mayor - Presiding Officer Attest: ~ ~ ~i ,l~~G'~% Jerk of Council 1 hereby certify that copies of this Ordinance/Reso{ution were posted in the Vilia;e of Pu``f~a in accordance with Section 7.;1.25 of tha GhiO I:et~iced Code. Clerk cf Council V V V V ~f ~ ~ O 12~2~- DEED OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, That DUBLIN BAPTIST CHURCH, an Ohio corporation not for profit, (hereinafter called "Grantor") for and in consideration of One Dollar ($1.00), and other valuable considerations paid by the VILLAGE OF DUBLIN, OHIO, a municipal corporation, Grantee herein, receipt of which is hereby acknowledged, hereby grants with general warranty covenants to Grantee, its successors and assigns forever, a perpetual non-exclusive easement, in, through, over and under the following described 10 foot wide strip of land for the purpose of constructing, operating, maintaining, and replacing a water main and appurtenances thereto. Situated in the State of Ohio, County of Franklin, Village of Dublin and in Virginia Military Survey No. 2543, being a strip of land, 10 feet in width, within and abutting the entire easterly line of that 5.904 acre tract of land described in the deed to the Lane Avenue Baptist Church of record in Official Record Vol. 727 Page B-12 and that 3.014 acre tract of land described in the deed to the Dublin Baptist Church of record in Official Record Vol.(p~ Page ~ 1~ Recorder's Office, Franklin County, Ohio, the westerly line of said 10 foot wide strip being 50 feet westerly from and parallel with the centerline of Coffman Road. - Together with the right to use, only during the period of construction of the water main and appurtances thereto herein provided for, an additional area of land, 20 feet in width, located west of and abutting the entire westerly line of the above described 10 foot wide strip being coincident with the westerly lire of said 10 foot wide easement. The Grantee, as soon as practicable after construction of said water main and all subsequent alterations and repairs thereto, shall cause the property of Grantor located within the easement herein described to be restored to the same condition said property was in prior to said installation, maintenance or replacement as nearly as is reasonably possible. Grantee shall take care not to damage the Grantor's sign or its foundation or any of Grantor's trees and shall as soon as practical after any such damage repair or replace same as necessary. Grantee shall, during said installation, maintenance or replacement, always provide ingress and egress for automobile traffic over at least a portion of the driveway that intersects said easement. Grantee shall restore the driveway to original grade and replace the asphalt to a smooth state as soon as practical after said installation, maintenance or replacement. The rights granted herein shall not be construed to interfere with or restrict the use of the Grantor, its successors and assigns forever, of the premises with respect to the construction and maintenance of property improvements along and over the premises herein described so long as the same are constructed as not to impair the strength or interfere with the use and maintenance of said water main, or to convey to Grantee any right whatsoever to the surface of the land over the above described easement except during the construction, maintenance, repair, operation, renewal, removal and/or inspection thereof. FRANKLIN COUNTY, OHIO ~:....~~:~....7.~986.....~~~:..3..~~...~ ~-"~ TR~NSFER~ .105EPH ~i. z~s~A, Recorder NC~T NECESSARY FE6 071986 l~ecordev's Fee $.. ~o r , ~ ... _ PALMER C. McNEAL 00934' i~;i. TO HAVE AND TO HOLD said premises unto said Grantee, its successors and assigns forever, for the uses and purposes hereinbefore mentioned. IN WITNESS WHEREOF, The Grantor herein, DUBLIN BAPTIST CHURCH, has caused its name to be signed to these presents by its Trustees JAMES B. DOBBS, BOBBY WILLIAMSON, AND VIRGIL PITTMAN, who hereby certify that this Deed of Easement is executed pursuant to authority lawfully and regularly bestowed upon them. SIGNED AND ACKNOWLEDGED this :~'y~day of ~~w-~~«r , 1986. t Signed and acknowledged in the pres r~ce of Witness '} i ~~~ / e t~ ~/f ~-~-(:~C~ ~( witness DUBLIN BAPTIST CHURCH ~(~p ~ ~ ~~ s~ ~ ~~ James B. Dobbs, Trustee Bobby W'il iamson, Trustee By : l/ Vir it Pittman, Trustee STATE OF OHIO, COUNTY OF FRANKLIN, ss: The foregoing instrument was acknowledged before me this~~day of '~; ,:v ~~ ~,' 1985, by James B. Dobbs, Bobby Williamson and Virgil Pi~tman,.~rustees of the Dublin Baptist Church, an Ohio corporation not for profit, on behalf of the corporation. tary Publi MAIL ENVELQP~ rU~P11aHED ~f~ ~ ~ ~ l r~ ~ ~,~r, ~ L