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Home My WebLink About103-78 Ordinance -- - --- -- - - --- "T - . DEe 4 1978 ORDINANCE NO. 1()~..7B AN ORDINANCE DIRECTING THE MAYOR OF THE VILLAGE OF DUBLIN TO CAUSE NOTICE OF {l INTENT TO APPROPRIATE PROPERTY FOR THE DAVID . ROAD WATER DISTRIBUTION SYSTEM TO BE SERVED \.... UPON PROPERTY Ov.7NERS. WHEREAS, the Village of Dublin, Ohio, has duly enacted a Resolu- tion Declaring the Intent to Appropriate Property for the David Road Water Distribution System, and WHEREAS, there remains outstanding easements on property necessar for the David Road Water Distribution System, NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, ~ members concurring: I SECTION l. That the Mayor of the Village of Dublin be and hereby is directed to cause to be served by the Chief of Police of said Village or other suitable persons, the Notice to all affected Property Owners whose easements have not been obtained of the Intent to Appropriate attached hereto as Exhibit "A" and incor- porated herein by reference as if fully repeated. SECTION 2. That the said Notice shall be served upon the follow- I ing property owners: (' Moore, Floyd and Ima I I \1aI Schnell, Virgil S. and Ethel A. SECTION 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. I I I Passed this 1-n+ day of Jec&7vltt)~ , 1978. /f:?&<p,1~ Presi ent Pro Tempore Mafks/il;:tilicer ATTEST: f'. ~~ Clerk-Treasurer I wi i - -- -- -- -, ...-"" .. .! . ~. : DEED OFEAS~1ENT - K."tIiOH ALL HEN 1)Y THESE PRESENTS, that. Virgil S. and Ethel .t... Schnell . hereinafter called tlGr~ntorll, for and in consideration of One Dollar ($1. 00) , and other valuable considerations paid by the Village of Dublin, Ohio, a municipal corporation) the Grantee herein, receipt or which.is hereby acknowledged, hereby (""\ grants \-lith general warranty covenants to Grantee, its successors and assigns for- L-Jever, a permanent easement in, through, over, and under the following described real estate for the purpose of constructing, operating, installing, maintaining, removing or replacing water lines and tributary connections and appurtenant work in any part of said easement. The total width of the described easement may fall only in part on the Grantor's property. The intended easement is that portion falling \.:ithin the Grantor's property and all sidelines are extended to intersect the property lines. Said real estate is situated in the State .of Ohio, County of Franklin, Village of. Dublin, being also part of quarter Township 3, Township 2, Range 19', United States Military Lands - also being part of a 0.53 acre tract conveyed to . Virgil S. and Ethel A. Schnell by deed of record in. Deed Book 1768, page 15 , Recorder's Office, Franklin County, Ohio and being more particularly described as follows: Being a permanent easement 30 feet in width, same being the westerly. one-half or a private roadway (60 feet in width) on ~he easterly end of the Grantor's property and lying westerly of the f1 following described line: Beginning at the Grantor's southeasterly property corner in the I \ centerline of said private roadway; 1.J Thence northerly along said centerline and the Grantor's easterly property line a distance of 100 feet to the point of termination at the Grantor's northeasterly property.comer, containing 0.07 acre more or less. "- . ..' - \ (' t I .. r Construction Easement (None Required) .- Also a construction easement for and during the period of construction only, feet in \\Tidth, abutting on the . Grantor. his heirs and assigns hereby release the Village of Dublin from any further claims for compensation or claims for damages resulting from this grant or the construction of said project, except that contractors for the Village of Dublin shall not be released from liability for damage caused by their negligence. . The Village of Dublin, as soon as practicable after construction of said utility and all subsequent alterations and repairs thereto, shall cause all affected property of Grantor to be restored to the proper level. - - - . - - ,('\. . . , . -, . I The rights granted herein shall not be construed to interfere with or restrict the use of the premises \\lith ,respect to the' construction and maintenance of property improvements along and over the premises herein described so long as the same ar~ so constructed as not to impair the strength or interfere with the use and maintenance of said utility, or ingress and egress to or over the easement area. The easement:, how~ver, shall not be construed as giving to Grantee any right of ingress and egress to or over the remainder of said premises owned,by Grantor. (-" IN HITNESS HHEREOF, the said Grantor, l, who hereby release their respective rights of do,vcr have hereunto set their hands this day of , 19 . Signed and acknowledged in the presence of: . . STATE OF OHIO FRANKLIN COUNTY, ss: On this day of , 19___, before me, a Notary Public in and for the jurisdiction aforesaid, personally came the above named n :LJ . Grantor in the foregoing Deed or Easement and acknowledge the signing of the same to be a voluntary act and deed for the uses and purposes therein mentioned. IN 'i'ESTIH01'Y \'ffiEREOF, I have. here~nto subscribed my name and affixed my official seal on the date last above mentioned. . Notary Public This ir.strument prepared by: \ (1 I I \J .,' . 'e r ---- -- --- . , . ' . ) " "- -' J " " DEED OF EAs~mNT Ki~CW ~LL HE~ BY THESE PRESENTS, t.ha t. Floyd and lma Moore hcrE:inaf':cr called "Grantor:!, for and in consideration of One Dollar ($1. 00) , and ct~er v2~uable considerations paid by the Village of Dublin, Ohio, a municipal cor?oratiO::l, the Grantee herein, receipt of '-lhichis, hereby acknowledged, hereby rJ g"a~ts \'lith general "arranty covenants to Grantee, its successors and assigns for- I ever, a permanent easement in, through, over, and under the following described I real estate for the purpose or constructing, operating, installing, 'maintaining, removing or replacing water lines and tributary connections and appurtenant work in a~y part of said easement. The total width of the described easement may fall only in part on the Grantor's ~ro?a.rty. The intended easement is ~hat portion falling within the Grantor's property a~Q all sidelines are extended to intersect the. property lines. Said real eS1:ate is situated in the State .or O:-1io, County of Franklin, Village of D.:..blin, being also part of Q~arter Township 3, TOw"'nship 2, Range 19, United S1:a~es Y-ilitary Lands also being part of a 0.698 acre tract conveyed to Floyd and lma Moore by deed of record in Deed Book 3429, page 648 , Recorder's Office, Franklin County, Ohio and being more particularly described as follows~ Being a permanent easemen~ 30 feet in width, same being the westerly one-half of a private roadway (60 feet in width) on .the easterly end of the Grantor's property and lying westerly of the " following described line: Beginning at the Crantor's southeasterly property corner in the U centerline 'of said private roadway; Thence northerly along said centerline and the Grantor's easterly property line a distance of 130,86 feet to.the point of termination at the Grantor's northeasterly property corner, containing 0.09 acre more or less. "j . - - I n '" ~.. C~~s=ruction Easement (None Required) .- ~~so a construction easement ror and during the period of construction only, te.et in width, abutting on the . Grantor~ his heirs and assigns hereby release the Village of Dublin from any ~~rther claims ror compensation or claims ror damages resulting from this grant or =~e ~Jnstruction or said project, except that con~ractors fo~ the Village of Dublin 3~~~: Dot be released from liability for damage caused by .their negligence. \ . :h2 Village of Dublin, as soon as practicable nfter construction of said uti1ity _~~ a~~ s~bsequent alterations and repairs thereto, shall cause all affected pro;crty ::~ Gra11to~ ~J be restored to the proper i_veL. - - - - -- - -- - - - - - - - . r . .. . -' .! The ri~hts granted herein shall not be construed to interfere ~.;rith or restrict tne use or the premises with respect to Lhe construction and mainten~nce of property ~mprovements along and over the premises herein described so long as the same are so constructed as not to impair the strength ,or interfere with the use and maintenance 0':: said utility, or ingress and egress to or over the easement area. The easement, hm.Jever, shall not be construed as giving to Grantee any right of ingress and egress to or over the remainder of said premises owned by Grantor. .u III IHTNESS ,ffiEREOF, the said Grantor. . ,WhO hereby release their respective rights of dower have hereunto set their hands this day or , 19 . Signed and acknowledged in the presence of: . STATE OF OHIO FR...A..:i.~IN COUNTY, ss: On this day of , 19 , berore me, a Notary Public in and for the jurisdiction aforesaid, personally came the above named fl I , . ~U ! Grantor in the foregoing Deed of Easement and acknowledge the signing or the same to be a voluntary act and deed for the uses and purposes therein mentioned. I have hereunto subscribed my name and affixed my ;-. IN TESTIHO~"Y WHEREOF, official seal on the date last above mentioned. - Notary Public .This instrument prepared by: ('. I - " I ~ -' . \ \