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Home My WebLink AboutOrdinance 16-25RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 16-25 Ordinance No. 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”) owns the real property Known as Franklin County Auditor’s Parcel No 273-009075 and 273009076 (the “Grantor's Property”); 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, / 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 Le day of a) —_ , 2025. Mayor - Presiding Officer ATTEST: a, (hut 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 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 Summary 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. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo 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. 2 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. 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. 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] 3 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 4 GRANTEE: City of Dublin, Ohio By: _________________________ Printed: Megan O’Callaghan 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 Exhibit B Quarry Place Owners Association Construction and Maintenance Easement