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HomeMy WebLinkAbout26-92 Resolution RECORD OF RESOLUTIONS Dayton Legal Blank Co" form No. 30045 _____, '_'__'_".~____._~_.__.________._____.._'___M__.._~._._'__'_'___" _,___.__...... . . ~_.._._--_.._._._.___~_._.~ _____.___,_______._.__ ____'u____..__._._____.__ ResolutiO/l Xo. 26-92 Passed 19 A RESOLUTION OF INTENT TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 6,000 SQUARE FOOT PARCEL OWNED BY R.C. SMITH, LOCATED AT 32 WEST BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, the city of Dublin is preparing to improve SR 161jBridge street; and, WHEREAS, said improvement will require the City of Dublin Obtaining a fee simple interest in and to the premises described in the attached Exhibits "A" and "B", located in the City of Dublin, state of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, state of Ohio, 7 of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate for the purpose of improving SR 161jBridge street, a fee simple interest and a temporary construction easement in and to the premises located in the City of Dublin, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A" and "B". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This resolution is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of SR 161jBridge Street is necessary due to the condition of an increased traffic flow on SR 161jBridge Street. Therefore, this resolution shall go into immediate effect. Passed this t:t:l::::- )day of ~ - , 1992. / ~..,--/ / / 1;:(>. ~'-7>~ /or - presid~~ Officer ATTEST: Q/j/{ /VI --Z t.!-. ~c-A-.L Clerk of Council I hereby certify that copies of this 9rdiRsAreIResolution were posted in the City of Dub!:n in accordance with Section 731.25 of the Ohio Revised Code. /) (17 C!!. L /J/l/V1 fi: ? l ~/<--f ./~- Clerk of Council, Dublin, Ohio Re.s , l~ - 91.- t; x.h\6; + II fl " TEMPORARY RIGHT TO WORK GRANT R.C. Smith: of the City of Dublin. County of Franklin. State of Ohio. as Grantors. for the sum of one dollar ($ 1.00) the receipt and sufficiency of which is hereby acknowledged. does hereby grant to the City of Dublin. Ohio their respective employees. agents and contractors. as Grantees. the right and easement to enter upon property owned by Grantors which is located at 32 West Bridge Street. Dublin. Ohio and described in Deed Book 2706, Page 39. Recorder's Office. Franklin County. Ohio, to construct and install on said property the improvements to said West Bridge Street. including but not limited to regrading for the construction necessary to complete the improvements as shown on the approved plan STREET AND STORM mPROVEMENT for BRIDGE STREET (S.R. 161), on file in the Division of Engineering, City of Dublin, Ohio and being a Ten (10) foot strip located adjacent to and north of the northerly right-of-way line of West Bridge Street. extending from centerline station 7+37 +1- to station 7+67 +1-. as delineated on said street improvement plans and as shown on the attached exhibit. The City of Dublin shall indemnify, defend and hold harmless said Grantors form and against any and all suits or c1airns by third parties for personal injury as a result of work by the City of Dublin, as described in this grant. (a) This indemnity does not cover any injuries or damages occurring after the completion of construction of the improvements by the City of Dublin or its agents or employees. (b) This indemnity does not cover lIny injuries or dllmages lIrising out of the actions or inactions of owners or the actions or inactions of persons other than the City of Dublin or its agents or employees. The rights granted herein will expire one hundred eighty (180) days from the date of completion of the aforesaid improvements to,said Bridge Street (S.R. 161). : : , I IN WITNESS WHEREOF. the Grantors have executed this TJmporary Right To Work Grant on thi s day of , .1991. : Signed in the presence of: 1 ! I I Witness: Grantors: I 1 i I STATE OF OHIO: SS BE IT REMEMBERED, that on this day of . 1991. before me, a notary public in and for said State. personally appeared the Grantors in the foregOing Temporary Right To Work Grant. and acknowledged the signing of the same to their free and voluntary act and deed for the purposes and uses therein described. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seas on the day and year last aforesaid. Notary Pub lic 100191.1 ';. K es . Llo-9~ . - - f: xh;bii \IB,1 Revised February 18. 1991 '. . i, Revised October 19. 1990 ! ,.. j I Description of a Walkway and Utility Easement .West of High Street. North of ~ridgeiStreet . Dublin. Ohio I I Situated in the State of Ohio. County of ~ranklir' City of Dublin, being a six (6) foot wide walkway and utility easement out of that tract of land as conveyed to R~C..Smith'of Record in Deed Book 2706. Page 39, Recorder's Office. Frankl in County. Ohi". said six (6) foot wide walkway and util ity easement being more particularly described as follows: , Beginning at the southeast corner of sai~ tract; I Thence Westerly. along the southerly line of said tract, the northerly right-of-way of Bridge Street (66'), a distance of 30.00 feet to the southwest corner of said tract; Thence Northerly, along the westerly line of said tract. a distance of 6.00 feet to a point; Thence Easterly, parallel with and 6.00 feet northerly from (as measured ,I at right angle). the southerly line of said tract, a distance of 30.00 feet '.:~ . to a point in the easterly line of said tract; Thence Southerly. along the easterly line of said tract. a distance of i .. 6.00 feet to The Point of Beginning. containing 180 square feet of land, more ,. or less Purpose: , For . the purpose of constructing, using. and maintaining a walkway, street lighting and appurtenant works in said strip, including the right to repair and care for said walkway and street lighting, and access to said strip for s~id purpose. The above described purposed easement strip overlaps part of an existing easement. It is not the intent of said proposed easement to limit the use of the existing easement in any manner. .., j i I i j . j I i I I I i I ! !