HomeMy WebLinkAboutOrdinance 16-25RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No.
16-25
Passed
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AND MAINTENANCE EASEMENT AND
ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND
CONTRACTS FOR PARCELS LOCATED AT THE QUARRY
PLACE OFFICE PARK ASSOCIATION RESERVE ALONG
RIVERSIDE DRIVE
WHEREAS, Quarry Place Owners Association, (the "Grantor's owns the real property
known as Franklin County Auditor's Parcel No 273-009075 and 273009076 (the
"Grantor's Properly'; and
WHEREAS, the City of Dublin (the "Grantee') desires a permanent construction,
maintenance and access easement over those portions of the Quarry Place Owners
Association property on Riverside Drive; and
WHEREAS, Grantor desires to grant an easement over and through the Easement
Area for the Grantee for those purposes upon the terms and conditions set forth in the
Construction, Maintenance and Access Easement at the request of the Grantor; and
WHEREAS, Grantee is to take over the responsibility to maintain the entry drive,
parking lot and vegetation of two parcels that serve as the primary access to Kiwanis
Riverway Park; and
WHEREAS, the easement will also allow for future improvements to the pathway into
the park to ensure compliance with federal ADA accessibility requirements.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, 2 of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute an easement and
accept necessary conveyance documents and contracts for the parcels noted above
located at the Quarry Place Office Park Association Reserve located at 6289 Riverside
Drive. The approval of changes thereto by those officials, and their character as not
being substantially adverse to the City, shall be evidenced conclusively by their
execution thereof.
Passed this day of ,. 2025.
Mayor - Presiding Officer
A
of
rclityof Dublin
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Megan D. O'Callaghan, P.E., City Manager
Date: May 27, 2025
Initiated By: Matt Earman, Director of Parks and Recreation
Summary
Memo
Re: Update to Ordinance 16-25 — Authorizing the City Manager to Execute a
Construction and Maintenance Easement and Accept Necessary Conveyance
Documents and Contracts for Parcels Located at the Quarry Place Office Park
Association Reserve along Riverside Drive
At the May 19, 2025 meeting, staff presented the first reading of Ordinance 16-25 to City
Council for consideration to authorize the City Manager to execute a construction and
maintenance easement for parcels located at the Quarry Place Office Park Association Reserve.
The staff report and supporting documents pertaining to this easement from the May 19
meeting are attached for reference.
During the discussion, a Council member asked about adding language to the proposed
easement to allow a park sign to be installed along Riverside Drive, at the entrance to the office
park. Staff researched this topic and determined that this area along Riverside Drive would not
be a permitted location, as the property is not part of the park and would be considered an off -
premises sign, which is not permitted by the Zoning Code. An existing sign is located on park
property at the current entrance to the park, which is consistent with other city park signage.
Additionally, the property owner does not support placing additional signage at the office park
entrance.
At the request of the property owner, and following further review of the originally proposed
easement language, staff added clarifying language to explicitly define the City's responsibility
for maintaining vegetation within the parcels.
Recommendation
Staff recommends approval of Ordinance 16-25, authorizing the City Manager to execute an
easement and accept necessary conveyance documents and contracts for the parcels noted
above located at the Quarry Place Office Park Association Reserve located at 6289 Riverside
Drive.
Portion above reserved for County Recorder, Engineer and Auditor's Offices Use
CONSTRUCTION, MAINTENANCE, AND ACCESS EASEMENT
THIS CONSTRUCTION, MAINTENANCE, AND ACCESS EASEMENT (the "Easement") is
made and entered into this day of , 2025, by and between Quarry Place
Owners Association, Inc., whose mailing address is 580 North Fourth Street, Suite 120,
Columbus, Ohio 43215 ("Grantor"), and the City of Dublin, Ohio, an Ohio municipal corporation
whose mailing address is 5555 Perimeter Dr., Dublin, Ohio 43017 ("Grantee").
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property identified as Franklin County parcel numbers
273-009075-00 and 273-009076-00 ("Grantor's Property");
WHEREAS, Grantee desires a permanent construction, maintenance, and access 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") across Grantor's Property; and
WHEREAS, Grantor desires to grant an easement over and through the Easement Area for
the benefit of Grantee for those purposes 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 Easement. Grantor grants to Grantee, its agents, employees, independent
contractors, and successors and assigns, a permanent, non-exclusive access Easement in, through,
and over the Easement Area for the following purposes: a. General ingress and egress to and from
Kiwanis Riverway Park; b. Construction of an ADA-compliant accessibility path between the
existing driveway and parking area and Kiwanis Riverway Park; c. Use, maintenance and any
necessary construction of the existing paved parking lot, drive aisle through which Grantee will
travel consistent with Paragraph 2 below; and d. maintaining all vegetation within the parcels,
excluding turf grass. Grantor remains responsible for all other aspects of Grantor's Property,
including, but not limited to, maintenance of any underground utilities, maintenance of Grantor's
privately owned entry sign, lighting, mowing and snow removal.
2. Easement Area Repaving and Maintenance. Within a reasonable time after the
recording of this Easement, Grantee shall, one time and at Grantee's cost, repave the existing
asphalt within the Easement Area. Grantee shall, at Grantee's cost, regularly maintain in
reasonable condition the portion of the Easement Area that is currently paved with asphalt at
Grantee's costs and discretion.
3. Successors and Assigns. This Easement shall run with and shall be appurtenant to
the land that is burdened by this Easement, shall inure to the benefit of the Grantee and its
respective heirs, executors, representatives, successors and assigns.
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. Counterparts. This Easement may be executed in one or more counterparts, each of
which shall be deemed to be a duplicate original, but all of which, taken together, shall constitute
a single instrument.
6. Captions. The captions contained in this Easement are included only for
convenience of reference and do not define, limit, explain or modify this Agreement or its
interpretation, construction or meaning and are in no way to be construed as a part of this
Easement.
7. Severability. If any provision of this Easement or the application of any provision
or any circumstance shall be determined to be invalid or unenforceable, then such determination
shall not affect any other provision of this Easement or the application of said provision to any
other person or circumstance, all of which other provisions shall remain in full force and effect.
8. Amendments in Writing. No change, amendment, termination or attempted waiver
of any of the provisions of this Easement shall be binding upon any party unless made in writing,
signed by both of the parties hereto with reference to this Easement, and recorded with the County
Recorder's Office.
9. Venue. The parties hereto hereby consent to the exclusive jurisdiction of the courts
of the State of Ohio in Franklin County, and the United States District Court for the Southern
District of Ohio, and waive any contention that any such court is an improper venue for
enforcement of this Easement.
10. Governing Law. This Easement shall be governed by and construed in accordance
with the laws of the State of Ohio.
11. Authorily. 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.
12. Indemnification. Grantor agrees to indemnify, defend, and hold harmless Grantee
from and against any and all losses, liabilities, claims and damages, costs and expenses (including
reasonable attorneys' fees and costs) arising from Grantee's exercise of rights under this Easement.
[signatures on the following pages]
2
IN WITNESS WHEREOF, the parties have caused this Easement to be executed by their
duly authorized representatives, to be effective as of the date first above written.
GRANTOR:
Quarry Place Owners Association, Inc.
By: _
Printed:
Title:
Date:
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2025, before me, the
subscriber, a Notary Public in and for said County, personally came the above named Quarry
Place Owners Association, Inc., by , its ,
and acknowledged the signing of the same to be her voluntary act and deed, and the voluntary act
and deed of said municipal corporation, for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal, on the day and year last aforesaid.
Notary Public
GRANTEE:
City of Dublin, Ohio
By:
Printed: Megan O'Calla hg_an
Title: City Manager
Date:
APPROVED AS TO FORM:
By:
Printed:
Title:
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2025, before me, the
subscriber, a Notary Public in and for said County, personally came the above named City of
Dublin, Ohio, by Megan O'Callaghan, its City Manager, and acknowledged the signing of the
same to be her voluntary act and deed, and the voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal, on the day and year last aforesaid.
Notary Public
Exhibit A
LDGL Consulting Engineers, LLC
Providing civil engineering solutions since 1926.
Construction and Maintenance Easement
Situated in the State of Ohio, County of Franklin, City of Dublin, being within Section 3, Township
2, Range 19, United States Military Lands, being part of Lot H and Association Reserve (Common
Property) as delineated upon the record plat of Quarry Place Office Park, of record in Plat Book
68, Page 03, both of which being as described in deed to Quarry Place Owners Association, Inc.,
of record in Instrument 201210090150686, all being of record in the Recorder's Office, Franklin
County, Ohio and being further bounded and described as follows:
Commencing at a 3/-inch iron pipe found at the common corner of said Association Reserve and
Lot A of said Quarry Place Office Park, also being in the east line of that tract of land described
in deed to the City of Columbus, Ohio, of record in Deed Book 314, Page 588;
Thence North 12°42'24" West, a distance of 160.00 feet, with the common line of said Association
Reserve and said City of Columbus, Ohio tract of land, to a 1-inch iron pipe found at the common
corner of said Lot H, said Association Reserve tract and said City of Columbus, Ohio tract of land;
Thence North 25015'10" East, a distance of 140.03 feet, with the common line of said Lot H and
said City of Columbus, Ohio tract of land, to a 5/8-inch iron pin found in the south line of that 0.38
acre tract described in deed to MRW Investments, LLC, of record in Instrument
200206120145939;
Thence South 89055'45" East, a distance of 66.16 feet, with the common line of said Lot H and
said 0.38 acre tract, to a point at a corner of an easement for highway purposes for the State of
Ohio, of record in Deed Book 1208, Page 190;
Thence through said Lot H and said Association Reserve, with the west line of said easement for
highway purposes, and with the arc of a curve to the right having a radius of 2808.93 feet, a delta
angle of 03°00'59", an arc length of 147.87 feet, a chord bearing of South 14°19'54" East, and a
chord distance of 147.86 feet, to a point of tangency;
Thence South 12049'24" East, a distance of 107.89 feet, through said Association Reserve and
with the west line of said easement for highway purposes, to a point in the common line of said
Association Reserve and said Lot A;
Thence South 771736" West, a distance of 155.06 feet, with the common line of said Association
Reserve and said Lot A, to the POINT OF BEGINNING, containing 0.835 acres of land more or
less.
NOTE: The bearings in this legal descri
Time Network of the Ohio Departmegt�
Coordinate Syste nSouth Zone.�`,C
Mark Alan SmiTh, PS
Ohio Professional Surveyor #8232~".Ok
DGL Consulting Engineers, LLC I.
,AomisrMased on GPS observations utilizing the Real
N:J& tlon as referenced to the Ohio State Plane
Mp,FZ�
Ste. R232 ,. Date: dzrlu 2
REG IS'� SJ��
III
5940 Venture Drive, Suite 0 1 Dublin, Ohio 43017 1614.356.7150 1 www.dg[-Itd.com
S 89' 55' 45'
66.1
IRON PIN 5/8 IN
273-009075-00
QUARRY PLACE OWNERS
ASSOCIATION INC
INST 201210090150686
LOT H
N 25' 15' 10' E
0.835 ACRE EASEMENT
IRON PIPE 1 IN
273-OOB373-00
CITY OF COLUMBUS, OHIO
D.B. 314, PG. 588
273-009076-00
QUARRY PLACE OWNERS
ASSOCIATION INC
ASSOCIATION RESERVE
(COMMON PROPERTY)
INST 201210090150666
273-OOB357-00
MRW INVESTMENTS LLC
0,36 ACRE
INSf 200206720145939
��7'
„t1 P.O.B.
QUARRY PLACE
OFFICE PARK
P.B. 68, PG. 03
273-009068-00
OHIO ASSOCIATION OF
CHIEFS OF POUCE INC
LOT A
REFERENCES:
-COUNTY DEED/OFFICIAL RECORD BOOKS
AND PAGES AS SHOWN.
BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS OBTAINED FROM
THE REAL TIME NETWORK OF THE OHIO DEPARTMENT OF TRANSPORATION AS
REFREENCED TO OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE.
CERTIFICATION:
I HEREBY CERTIFY THE EASEMENT SHOWN ABOVE AND SHOWN HEREON WAS
PREPARED FROM AN O THE GROUND SURVEYAND RECORD INFORMATION, WAS
MADE UNDER MY S P VISION AND THAT ITAND THE INFORMATION, COURSES
A VISLTESWN ARECORRECTTO THE BEST OF MY KNOWLEDGE.
MITFYP.S. DATE
OHIO PROFESSIONAL SURVEYOR NO.8232
o�
SCALE: 1" = 60'
�GL
DGL CONSULTING ENGINEERS, LEE
5940 VENTURE DRIVE, SUITE D
DUBLIN,OHI043017
PHONE: 614.356.7150
w .agktdxom
R=2808.93'
D=03'00'59'
S 14' 19' S4' E
147.86'
EASEMENT FOR
HIGHWAY PURPoSES
STATE OF OHIO
D.B. 1208, PG. 190
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1111111 /,�
QUARRY
SECTION 3, TOWNSHIP
PLACE F2W06-E5mT-WDrkO
2, RANGE 19, JOB NO.:
UNITED STATES MILITARY LANDS DRAWN BY:
CITY OF DUBLIN, SSUED:
FRANKLIN COUNTY, OHIO 1/1
EASEMENT
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