The URL can be used to link to this page

Home My WebLink About44-10 ResolutionRECORD OF RESOLUTIONS Inc.. Fon No, X045 44 -10 Resolution No. Passed .20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.099 ACRE, MORE OR LESS, DRAINAGE EASEMENT DONATED BY PRAKASH R AND CHAITALI P. PATEL, LOCATED ON THE PROPERTY OF 7855 CALVERT COURT IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, AND STATE OF OHIO. WHEREAS, the City of Dublin is preparing to extend a 18 -inch storm sewer pipe at the rear of said property from the northeast property corner to the northwest property corner; and WHEREAS, said improvement requires the City of Dublin to obtain a drainage easement on the premises described in the attached Exhibits "A and B"; and WHEREAS, the City desires to receive as a donation from Prakash R. and Chaitali P. Patel, the drainage easement as described in the attached Exhibits "A and B ", located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, this donation will require Prakash R. and Chaitali P. Patel to execute a Grant of Drainage Easement to the City of Dublin without consideration or compensation being paid to them. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, —6-- of the elected members concurring, that: Section 1. The City Manager is hereby authorized to accept and receive the Grant of Drainage Easement related to the donations from Prakash R. and Chaitali P. Patel and to execute any necessary documents related to the easement. Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this AZ % day of '�e f j1j-yb(fs1 , 2010. �// aL�1 0 '/" Attest: o- Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 CITY OF DUBLIN. phone: 614 - 410 -4400 • Fax: 614- 410 -4490 Memo To: Members of Council From: Marsha Grigsby, Interim City Manager /Director of Finance �i'Nt��l1►.4G Date: September 23, 2010 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Todd A. Garwick, P.E., Civil Engineer Re: Resolution 44 -10 — Authorization to Accept and Receive a Drainage Easement Donated by Prakash R. and Chaitali P. Patel, 7855 Calvert Court Summary As part of the annual stormwater maintenance program, Engineering staff has been monitoring the condition of a drainage complaint from the Prakash R. and Chaitali P. Patel residence at 7855 Calvert Court. The existing 12 -inch public stormwater outlet from the Wyandotte Woods, Section 2, Part 2 detention basin discharges directly onto this property (see picture below). Over the past several years, this outlet has caused erosion problems and been a nuisance at the rear property line. This project will install 240 linear feet of 18 -inch stormsewer pipe across the rear property line, within the proposed 25 -foot drainage easement to promote better public drainage across this rear yard. This project will be accessed from Summit View Road through the reserve /open space in the Wyandotte Woods subdivision. The project will begin after October 1, 2010. George J. Igel & Co., Inc. will be installing the 18 -inch storm sewer extension. The project cost is approximately $5,000 and will be funded by the $300,000 budgeted annually for stormwater maintenance. This project requires that the 18 -inch pipe be installed outside the easements limits per the Wyandotte Woods, Section 2, Part 2 Plat. Engineering has worked with the property owner, and they have graciously agreed to donate the needed permanent drainage easement. Resolution 44 -10 is needed to acknowledge this donation and allow the City to accept the drainage easement. Recommendation Staff recommends Council approval of Resolution 44 -10 authorizing the City Manager to accept and receive donations of the drainage easement and to construct the 18 -inch stormsewer pipe across the rear property line of 7855 Calvert Court. Memo re Resolution 44 -10 -Patel Drainage Easement September 23, 2010 Page 2 of 2 STORM SEWER AND DRAINAGE EASEMENT This STORM SEWER AND AGE EASEMENT (the "Agreement') is made and entered into this `1 dray by and between Prakash R. and Chaitali P. Patel, husband an wife (collective y, "Grantor "), whose mailing address is 7855 Calvert Court, Dublin, Ohio 43016, and the City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee'), whose address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No. 273 - 011155 located at 7855 Calvert Court, Dublin, Ohio 43016 (the "Grantor Property'); and WHEREAS, Grantee desires an easement over those portions of the Grantor Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area ") for the purpose of constructing and maintaining storm sewer and drainage facilities thereon; and WHEREAS, Grantor desires to grant the storm sewer and drainage easement for the benefit of Grantee, upon the terms and conditions hereinafter set forth. STATEMENT OF AGREEMENT NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Storm Sewer Easement Grantor grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a perpetual, non - exclusive easement in, through, over and under the Easement Area for the following purposes: (i) to construct lines, conduits, valves, regulators and all other appurtenances necessary, in Grantee's sole discretion, for the operation of stone sewer and drainage facilities within the Easement Area (collectively "Facilities "); (ii) to add to, operate, maintain, repair, replace or remove any Facilities; and (iii) of ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably practicable after construction of the Facilities, including any alterations and repairs thereto, shall cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantee may remove any and all vegetation growing within the Easement Area as is reasonably necessary to facilitate Grantee's use of the Easement Area as permitted by this Agreement. Grantor has the right to enter on the Easement Area for any purpose whatsoever provided Grantor's entry does not in any way impair or hinder the rights granted to Grantee in this Agreement. 2. Relationship to 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 shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth in this Agreement. JH1991511 l 3. 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. 4. Severabili ty . In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 5. Captions The captions and section numbers in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement. 6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification This Agreement may not be amended or terminated except by a written instrument executed by the parties and recorded with the Recorder's Office, Franklin County, Ohio with reference made to this Agreement. 8. Benefit This Agreement shall run with the land and inure to the benefit of and be binding upon the parties and their respective heirs, executors, representatives, successors and assigns. (Signatures on the following page) JHI"14121 above. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth GRANTOR: Prakash R. Patel C.. �,' I d Chaitali P. Patel STATE OF OHIO ) )ss. FRANKLIN COUNTY ) GRANTEE: City of Dublin, Ohio, an Ohio municipal corporation By: Its: Print Name: BE IT REMEMBERED, that on this -7 �h day od before me, the subscriber, a Notary Public in and for said county and state, personally came Prakash R. Patel and Chaitali P. Patel, husband and wife, who acknowledged the signing thereof to be their free act and deed for the purposes set forth therein. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. — n public 40 P OM 0 11 ] qnd A=f4 dWVO •a WOr STATE OF OHIO ) jss. FRANKLIN COUNTY BE IT REMEMBERED, that on this _ day of , Poy' before me, the subscriber, a Notary Public in and for said county and state, personally came , the 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 said municipal corporation. 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: Lesley R. Avery, Esq., Schottenstein, Zox & Dunn, Co., LPA, 250 West Street, Columbus, Ohio 43215 (H1991513 EXHIBIT A DRAINAGE EASEMENT 0.099 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, located in Section 2, Township 2, Range 19, United States Military Lands being across Lot 87 of that subdivision entitled "Wyandotte Woods Section 2 Phase 2 and the Vacation of Portions of Eidsting 30' Waterline Easement" of record in Plat Book 101, Page 68 as conveyed to Prakash R. and Chaitali P. Patel by deed of record in Instrument Number 200505160092750 (all references, refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows: BEGINNING at a corner common to said Lot 87 and that 1.000 acre tract conveyed to Susan R. Kuhn by deed of record in Instrument Number 200804150056929 , and in the easterly line of that 1.004 acre tract conveyed to Susan R. Kuhn by deed of record in Instrument Number 200804150056930; thence South 86° 44' 39" East, with the line common to said Lot 87 and said 1.000 acre tract, a distance of 172.28 feet to a point the common comer to Lot 88 and 87; thence South 01° 40' 36" West, with the line common to said Lots 87 and 88, a distance of 25.01 feet to a point; thence North 86° 44' 39" West, across said Lot 87, a distance of 172.55 feet to a point in the easterly line of said 1.004 acre tract; thence North 02° 17' 50" East, with the line common to said Lot 87 and said 1.004 acre tract, a distance of 25.00 feet to the POINT OF kEGINNING and containing 0.099 acre of land, more or less. ,, , �� erraanq,, „ �,j E OF ILL Edward J. FS � .. Registered L SU HAMBLETON, & TILTON, INC. 13 1 L.71r 0 8250 E1M WAugurt 24, 2010 0 099 ac 20100090 woml DRAINAGE EASMENT Evans, MectnvW. HomMe a prom Inc. SECTION 2, TOWNSHIP 2, RANGE 19 Enoine s • Surveyors • Piann� • SeienO:ts UNITED STATES MILITARY LANDS 5500 New Nbany R000. Cdumbw, OH 43054 Phone: 614. Ta CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO I SUSAN R. KUHN 1.000 AC. I I.N. 200804150056929 =N86'44'39"W E 172.2 ,°� 0 8' N N 0.099 AC. 0 Z 172.55' SUSAN R. KUHN PRAKASH R. AND CHAITALI P. PATEL 1.004 AC. LOT 87 I.N. 200804150056930 I.N. 200505160092750 WYANDOTTE WOODS SECTION 2 PHASE 2 AND THE VACATION OF PORTIONS OF \ EXISTING 30' WATERLINE EASEMENT P.B. 101, P. 68 40' 0 40' 80' GRAPHIC SCALE (in feet) 90\2010009MVY MO\2010009OMff -ORN AGEOre 91nne6 b WXTM nOMM - BA412MO I I'M91 AM kM e..d by MA130 W W24/2010 1lakn M Date: August 24, 2010 Scale: 1" = 40' Job No. 2010 -0090 I RESERVE "D" '40'36 "W 25.0 —r ' JOSEPH W. EISEL AND RANDALL F. SAGLE LOT 88 I.N. 200509190194399 "NE'OF��''' EDWARD y J. MILLER By Professional Date Proposed Pipe Location 4146 Existing Detention Basin o� 7855 7a 16 11 7742 7734 772 771 775) 7710 4241 7 7848 � 7847 � 77 4201 7733 772 771 7839 7840 7766 775 i O 77 7831 777 7832 i I 7773 7782 7823 7824 7790 I' O 7781 O 4264 4266 4248 4240 4272 7815 O 7818 m 7789 7798 O dk7 O - — �� 7797 W E� 'TWnvnnunm 4'5 r. ) Calvert Court Storm Sewer Extension