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Home My WebLink About47-05 Resolution RECORD OF RESOLUTIONS __ _____l?a~t~n Legal~~_~~:_lnc., Form J"!()_~~~ __________ - ---...---------." --.....------.--------- -,.--,---------- ---------...--.-----.--------.---- -----...- - .-----------------..-- Resollltion No. 47-05 Passed ,20 - - - - ----.."'----..-- ..---- _____'0.------ - ------ -- - ----.----.-----..--.-----.-......-----.....-------..----- ,----,._,------ --------- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH BUCKEYE CHECK CASHING FOR A 10-FOOT WIDE SANITARY SEWER EASEMENT WHEREAS, the City of Dublin has received a request from Buckeye Check Cashing for a sanitary sewer easement; and WHEREAS, the easement is to provide access to the public sanitary sewer system; and WHEREAS, the location is a 10- foot wide sanitary sewer easement, which extends west, as depicted on the attached Exhibit on property owned by the City of Dublin; and WHEREAS, the Parcel numbered 200503170049514, where the easement will be located, is city-owned property. NOW, THtREFORE, BE IT ORDAINED by the Council ofthe City of Dublin, State of Ohio, of the elected members concurring: Section 1. The City Manager is hereby authorized to execute an agreement with Buckeye Check Cashing for an easement. The easement is located south of Post Road, west of Eiterman Road. Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this A Of h day of r ,2005. Attest: ~~~ Clerk of Council I hereby certify that copIes of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Office of the City Manager 5200 Emerald Parkway. Dublin, OH 43017 CITY OF DUBLIN. Phone: 614-410-4400 · Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manager ~ ~ Date: June 20, 2005 Initiated By: Paul A. Hammersmith, P.E. - Director of Engineer/City Engineer Kristin K. Yorko, P.E. - Civil Engineer~ Re: Resolution No. 47-05 Authorizing the City Manager to Execute an Easement with Buckeye Check Cashing for a 10-foot wide Sanitary Sewer Easement on Parcel Number 200503170049514 Summary The Division of Engineering has received a request from Buckeye Checx Cashing for an easement necessary to tap into the public sanitary sewer. This easement is for the installation of a sanitary service for a new accessory building that will house company and personal vehicles as well as company documents. which. are required to be kept separate from the corporate office. The sanitary Sew.5I' Jalc;"'2.J is to be located within a 10- foot wide easement, which extends west, as depicted or. Exb ihit A, There is no negative impact to the land in this area and staff has no objections to the granting of this easement. Buckeye Check Cashing will completely restore the area to .its original condition, or better, once the installation of their service lateral is complete. Recommendation Staff recommends approval of Resolution 47-05 authorizing the City Manager to execute the easement with Buckeye Check Cashing that is necessary to provide sanitary sewer service to a new accessory building on their property. GRANT OF SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS that City of Dublin, an Ohio municipal corporation, hereinafter called "Grantor", whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, for and in consideration of One Dollar ($1.00) and other valuable considerations paid by the Buckeye Check Cashing, hereinafter called "Grantee", receipt of which is hereby acknowledged, hereby grants to Grantee, their successors and assigns forever, a perpetual easement in, through, over and under the real estate described in "Exhibit A" attached hereto <.lnc: made a part hereof, for a permanent sanitary sewer easement, together with the right of Grantee and its agents, independent contractors, or successors, the right to construct underground lines, conduits, valves, regulators and all other appurtenances (collectively "Facilities"), and the right to add to, operate, maintain, repair, replace or remove any Facilities, through the following described real property: Situated in the City of Dublin, in the County of Union, and in the State of Ohio: See "Exhibit A" attached hereto and incorporated therein. Grantee, as soon as practicable after construction of the utilities, including but not limited to alterations and repairs thereto, shall cause the property of Grantor located within the easement herein described to be restored to its former condition as nearly as is reasonably possible. Grantor, its successors and assigns, hereby release the Grantee from any further claims for compensation or claims for damages resulting from this grant, except that Grantee shall not be released from liability for damage caused by their negligence or that of their employees, agents or contractors. The agreements in this Grant of Easement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the Grantor and the Grantee. {H0558638.1 l lof3 IN WITNESS WHEREOF, the said Grantor, City of Dublin, and the said Grantee, Buckeye Check Cashing, have hereunto set their hands this _ day of ~ 2005. GRANTOR: CITY OF DUBLIN By: Its: GRANTEE: BUCKEYE CHECK CASHING By: Its: STATE OF OHIO, COUNTY OF FRANKLIN, ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared City of Dublin, by , its , to me known and known to be the person described in and who executed the foregoing instrument as the Grantor for the uses and purposes herein described. WITNESS my hand and official seal in the county and state last aforesaid this day of ,2005. Notary Public {H0558638.1 } 20f3 STATE OF OHIO, COUNTY OF FRANKLIN, ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared Buckeye Check Cashing, by , its , to me known and known to be the person described in and who executed the foregoing instrument as the Grantee for the uses and purposes herein described. WITNESS my hand and official seal in the county and state last aforesaid this day of ,2005. Notary Public This Instrument Prepared By: Schottenstein, Zox & Dunn A Legal Professional Association 250 West Street Columbus, Ohio 43215 {H0558638.1 } 30f3 f.XH 15rr A Page 1 of 1 PAbe I O~ Z. SANITARY SEWER EASEMENT - DESCRIPTION OF'A 0.025 ACRE STRIP OF LAND LOCATED ALONG THE SOUTH SIDE OF POST ROAD, WEST OF EITERMAN ROAD AND U.S. ROUTE 33 CITY OF DUBLIN, UNION COUNTY, OHIO SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NUMBER 6748, AND BEING A 10 FOOT WIDE STRIP OF LAND ACROSS THAT 74.503 ACRE TRACT OF LAND AS CONVEYED TO THE CITY OF DUBLIN BY DEEDS OF RECORD IN INSTRUMENT NUMBER 200503170049514 (FRANKLIN COUNTY) AND OFFICIAL RECORD 600, PAGE 440 (UNION COUNTY), SAID 0.025 ACRE EASEMENT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE, AT A :y.j" IRON PIN FOUND ATA NORTHWESTERLY CORNER OF SAID 74.503 ACRE TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT 1.187 ACRE TRACT (WATER TO\VER) AS CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN DEED VOLUME 285, PAGE 585, AND BEING IN THE EASTERLY LINE OF THAT 61.7701 ACRE TRACT AS CONVEYED TO PEWAMO LTD. BY DEED OF RECORD IN INSTRUMENT NUMBER 200410120236071 (FRANKLIN COUNTY) AND OFFICIAL RECORD 579, PAGE 727 (UNION COUNTY); THENCE S 04039' 36" E, WITH THE COMMON LINE BETWEEN SAID 74.503 AND 61.7701 ACRE TRACTS, A DISTANCE OF 369.58 FEET TO A POINT IN THE FRANKLIN/UNION COUNTY LINE; THENCE S 870 55,' 11" E, ACROSS SAID 74.503 ACRE TRACT, WITH SAID COUNTY LINE, A DISTANCE OF 470.92 FEET TO A POINT IN AN EASTERLY LINE OF SAID 74.503 ACRE TRACT, BEING A WESTERLY LINE OF THAT 14.847 ACRE TRACT AS CONVEYED TO 7001 POST ROAD, LLC BY DEEDS OF RECORD IN INSTRUMENT NUMBER 200412290293375 (FRANKLIN COUNTY) AND OFFICIAL RECORD 586, PAGE 945 (UNION COUNTY); THENCE N 140 51' 10" W, WITH THE COMMON LINE BETWEEN SAID 74.503 AND 14.847 ACRE TRACTS, A DISTANCE OF 169.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 860 52' 43" W, ACROSS SAID 74.503 ACRE TRACT, A DISTANCE OF 109.50 FEET TO A POINT IN THE EASTERLY LINE OF THAT EXISTING 10 FOOT WIDE SANITARY SEWER EASEMENT AS CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 2654120; THENCE N 030 15' 52" W, CONTINUING ACROSS SAID 74.503 ACRE TRACT, AND WITH THE EASTERLY LINE OF SAID EASEMENT, A DISTANCE OF 10.00 FEET TO A POINT; THENCE N 860 52' 43" E, CONTINUING ACROSS SAID 74.503 ACRE TRACT, A DISTANCE OF 107.45 FEET TO A POINT IN THE COMMON LINE BETWEEN SAID 74.503 AND 14.847 ACRE TRACTS; THENCE S 140 51' 10" E, WITH SAID COMMON LINE, A DISTANCE OF 10.21 FEET TO THE TRUE POINT OF BEGINNING, AND CONTAINING 0.025 ACRES OF LAND, MORE OR LESS, AS CALCULATED BY THE ABOVE COURSES. SUBJECT, HOWEVER, TO ALL LEGAL HIGHWAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. THE ABOVE DESCRIPTION WAS PREPARED BY CLARK E. WHITE, P.S. #7868 ON APRIL 20,2005. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE A PART THEREOF. ALL REFERENCES USED IN THIS DESCRIPTION CAN BE FOUND AT THE FRANKLIN AND UNION COUNTY RECORDER'S OFFICES, FRANKLIN AND UNION COUNTIES, OHIO. THE BASIS OF BEARINGS USED IN THIS DESCRIPTION WAS TRANSFERRED FROM A GPS SURVEY OF FRANKLIN COUNTY MONUMENTS "FRANK 72" AND "FRANK 172" PERFORMED BY THE FRANKLIN COUNTY ENGINEER'S OFFICE, AND IS BASED UPON THE NAD83 OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, AND DETERMINES THE BEARINq"l?fl.J.},V,H,EN SAID MONUMENTS AS N 060 24' 34" W. ""~ 'C....9.E. O~;;;;; ",^,- ,'.... .... / ~ .,:, ... ... 0 ~ ~0.., -.,' :: ... CLARK E.... s ADVANCED CIVIL DESIG~JfC. ~~~E ) * ~ A !;.", 1 "'2 ,f -:. ~ V~ {v.QI E:: ~ C' UH r~<?~~ "<P~'''~/ST€.f.....'".<V/ -''''; 8s-: .......... ':\J<<:- "" ;;j tONAL CO \" CLARK E. WHITE, OHIO P.S. #7868 DATE: """""'1\\11"'\ Z:\O'i-OOOl-119\STJRVFY\002'iA~ F:l.~e SHn cle.~~.f)or SANITARY SEWER EASEMENT EXHIBIT EXHJf6'~ PRI:e Z~ LOCA TED IN VIRGINIA MILITARY SURVEY NUMBER 6748 CITY OF DUBLIN, UNION COUNTY, OHIO GRAPHIC SCALE 100' 0 50' 100' 200' . ~ I I I -'~\) -' 1" = 100' ~ -' 1) 1:' %(0) ~ -' '!>y /' OS~ ~V /' ~ ~,/' ~ ./ '2..0.'2.. /' I~ ~V;~~"~ ~~./ l~ /' /' \ /' /' \ /'" \ ~I~ \ ~ /' / , I , City of Dublin I I I , 1.187 Ac. , D. V. 285, Pg. 585 (Water Tower) 3/4" IPF 3/4" IPF ---- ~~~ 7001 Post Road, LLC 14.847 Ac. City of Dublin I.N. 200412290293375 (Franklin County) O.R. 586, Pg. 945 (Union County) Z 74.503 Ac. 9~ ,(J) I.N. 200503170049514 (Franklin County) \ I~ \ ?Co O.R. 600, Pg. 440 (Union County) \ 0 Ie; \ Proposed 10' Sanitary ~~ ,10. Sewer Easement VI 100 en 0.025 Ac. . ..... . N fT1 '"U 0 en '"U tON.....<1> . VI' ~ ~en~o No~3 ~ ::: 9. s> N03'S'S2.W '2->\: VI 10.00' ::l~P?- -' 0 en \ o ::l ,10 ::l ~ Ie." () -' ,co. o ::l C() , City of Dublin 4 ::l 0 Existing 10' Sanitory Sewer Ease. "'c ~::l O.R. 2654120 \ \ ... ~ -l- - ----2B~E_ ~ 4701J2' UNION COUNTY Ii-- --- FRANKLIN COUNTY \ \ \ \ \ \ \ \ \ The Basis of Bearings shown hereon were transferred from a GPS survey of Franklin County Monuments "Frank 72" and "Frank 172" performed by the Franklin County Engineer's DRAWN BY: CEW JOB NO.: 05-0001-119 Office. and is based upon the NAD83 Otlt9.lIl~t~~~ Plane Coordinate System, South Zone. and det~m'i~en~eOtse~rlng DATE: 04 20 05 CHECKED BY: DRH between sold monuments as N06'24'34"~' 'Y"-<" .............. ,y ";.. '", .e. _.' / ~ ~ .$' .... .... 0 ~ E 0/ CLARK E. \ ~ :: : WHITE \ ~ :: i '*= 4605 Morse Road : * i 7868 i:: Suite 101 :..-0 \ ;,ct:$ ~ ~ o ~ ;11\'5>~ rf}/E. ADVANCED Columbus, Ohio 43230 "\ ~ O~ ..... <iS1 ..~"~(q $ ph 814.428. 77!SO By ~ C u, """""~~o;f,,""" C I V I L DESIGN fax 614.428.7755 Clark E. White. Ohio P.S. #7868 Date"""'" L " (, I N I' 1 R S I S {} R \' L Y 0 R S