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HomeMy WebLinkAbout68-74 Ordinance ---- - - - --~~---- v RECORD OF ORDINANCES OF I VILLAGE OF DUBLIN I National Graphics Corp,. Cols,. O. ~ Form No, 2806-A I Ordinance N 0 .___('1:-_~i_m____ p assedm_____m_____])~___IJ~~____m_____19 --It- I I AN ORDINANCE GRANTING AN EASEMENT I TO MUIRFIELD LTD. FOR CONS1RUCTION I I I AND MAINTENANCE OF SEWER FACILITIES I AND DECLARING AN EMERGENCY I Q I WHEREAS, the Village of Dublin has accepted easements from various parties for the construction, use, maintenance and repair of lift stations and sanitary sewers serving the Village of Dublin and by Ordinance Numbers 19-74 and 26-74 the Village officials were authorized to convey temporary easement rights to Muirfield Ltd. for the construction of such facilities. Through inadvertence, the deeds of temporary easements to Muirfield Ltd. , were not executed and delivered to Muirfield Ltd; and WHEREAS, after the passage of Ordinance Numbers 19-74 and 26-74, it was determined that an incorrect description was contained in one of the ease- ments to the Village'bf Dublih from one of the parties. Since then, a corrected easement to the Village of Dublin has been placed of record. 0 NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, , Ohio ~ of the elected members concurring: SECf ION l. That the Mayor , Village Administrator and Clerk-Treasurer be, and they hereby are authorized to execute and deliver the "Grant of I Easement" a copy of which is attached hereto, marked Exhibit A and made a part hereof; I SECT ION 2. That this Ordinance be declared an emergency measure I necessary for the preservation of the health, safety and welfare of the Village of Dublin, Ohio and that it take effect and be in force immediately upon its passage. Passed this 110 day of p~C ,1974. , I I Il /d LJ \0 r'''i ArrEST: ~~A.~ \ ..- (t~ Clerk - Treasurer - -- - ------ -- ----- ...------ -- --- - ... - - .-- - - -- - - - - \ v , ~ .. 1,..., '/ . GRANT OF EASEMENT BACKGROUND n A..s of January 14, 1974, the Village of Dublin entered into a Sewer Development Agreement (the I'SetITer Agreement") with Muirfield U Ltd. and certain other parties, pursuant to which Muirfield Ltd. was to act in its own behalf and as agent of the other parties there- to for ~~e purposes of constructing, or causing to be constructed, certain sewer facilities described therein. On or before April 1, 1974, easements were executed and de- livered by certain private parties to the Village of Dublin for the purpose of the construction and maintenance of the sewer facilities described in the Se\ver Agreement. The Council of the Village of Dublin, Ohio, met on P6.- 1<0 , 1911, and by action duly taken, authorized and directed the Village Mayor, Village Administrator, and Clerk-Treasurer to execute and de- liver to Muirfield Ltd. , acting in its own behalf and as agen t for the other parties to the Sewer Agreement, an ease~ent over the above- mentioned private properties, for the purpose of the construction of sewer facilities pursuant to the Sewer Agreement. EASE..MENT n The Village of Dublin, Ohio, a municipal corporation, (the "Grantor ") in consideration of One Dollar and other good and valu- I ~ able consideration, the receipt and sufficiency of which are hereby '-J acknovTledged, does hereby RE~lISE, RELEASE and QUIT-CLAPl to Muirfield Ltd. , (the "Grantee") , its. successors and assigns, an easement across real property located in Perry TO\IDship of Franklin County, and in the City of Columbus and in the Village of Dublin, Ohio, \-Thich rea I property is designated variously as "Temporary Easer:lent", "Permanent Feas emen t" , "Temporary Construction Easement", and "l\ccess Eas emen t " , on the, attacheq "Exhib~t A", (which Exhibit A is incorporated herein by this reference) for the purpose of L~e construction of the sewer facilities described in the above-described Sewer Agreeraen t, in- cluding '\vi thout limitation on the foregoing the rights to excavate, construct thereon, fill, and do all other things necessary or appro- priate for the construction of sewer facilities. TO HAVE A;~D TO HOLD such easement, to the Grantee, its succes- sors and assigns, until the completion of the construction of such sewer facilities pursuant to the provisions of the Sewer Agreemen t. GRANTEE'S OBLIGATII)NS For the purposes of the foregoing, "completion of the sewer fl facilities pursuant to the provisions of the Sewer Agreement" shall be deemed to have occurred 60 days after the same shall have become I l operational pursuant to ~8 (c) of the Sewer Agreement and the Village 'U Engineer shall have certified to the Village Administrator that the same has been completed. Grantee, for itself and its successors and assigns, hereby agrees to indemnify and save harmless the Grantor from and against any and all claims, liability, and damages of any nature whatsoever in connection with the construction activity and work performed pur- suant to the Sewer Agreement by or on behalf of the Grantee on or wi thin the boundaries of such easement and the ri.ghts of 'ITay herein- before' described. ,~,' ..:...:.ll...II_____1lt.-' ~ ,. ,...._ ~ ~M. _~..."...... ~ ~ ~ ~ - ~ ~ - - - --- -- - -- - - - - - - ---.-- I \ , V '" . \..r Grantee, also, shall restore all areas within the easement areas and rights of way hereinbAFore described in which construction acti- vity or work is performed pursuant to the Sewer Agreement to substan- tially as good, or better condition, than existed' at the time of com- mencement of such construction activity or work. IN WITNESS WHEREOF, the Village-of Dublin, Ohio, a municipal corporation, pursuant to authority ana direction set forth in Ordinance No. , duly adopte~ by its Council on , 19 , has caused this inst.rument to be executed on its behalf on the - day of 1974, by its Village Mayor, n r Village Administrator, and Clerk-Treasurer. ( , Signed and Acknowledged by ~ all three in the presence of: VILLAGE OF DUBLIN By Village ~ayor By Village Administrator By Clerk-Treasurer STATE OF OHIO FRP<.!'IKLIN COillJTY, 58: Before me, the subscriber, a Notary Public in and for said () County, personally appeared Joseph R. Dixon, Sherman Sheldon, and Richard Termee~, the Village Mayor, Village Administrator and Clerk- U Treasurer, respectively, of the Village of Dublin, Ohio, the Grantor in the foregoing instrlli~ent, who acknowledged the signing of the foregoing instrument to be their free acts and deeds in behalf of . the Grantor for the uses and purposes set forth therein. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my official seal on the day of , 1974. n U -2-