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Home My WebLink About56-79 Resolution # . ~ ., . RESOLUTION NO. ~.11 PASSED DEe 1 7' 1979 19 A RESOLUTION APPROVING AND ACCEPTING AN EASEMENT FOR SANITARY SEWER LINE NUNC PRO TUNC. [ BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, f, of the elected members concurring: SECTION l. That the easement obtained from SOUTHWICK, SOLOVE & COMPANY for a Sanitary Sewer Line is hereby approved and accepted nunc pro tunc. SECTION 2. That this Resolution shall take effect and be in force immediately upon its passage. Passed this /7 day of ])U6711 ~ l1\... , 1979. ( ~~ fad;. ~ -J ~4~"~ President Pro/Tempore Mayor - Presid ng Officer ATTEST: .~) /l::!~;t:irer ~ ;1 ~ (rj L , , 'r' ve~3r(59 fAC.E.~ ii ~4 . ~ . .' '>l')r~ . - , I'" .-<",) . . ~ . ~""""-_.""""""''''''--'_Z'<-__ . ~ . ~..,; CONVEYAi\iCE TAX . . - /pEMPT /} . "0 / . / (:.-' DEED OF EASEMENT -or ~.J__._ ROGER \~. TRACY, JR. FRANKLlr:rCOUNTY AUDITO~ ..~---.".....""",,-- ~'" ""'-...~~......~. KNOW ALL MEN BY THESE PRESENTS, that SOUTHWICK, SOLOVE & CO., an Ohio General Partnership, hereinafter called "Grantor" for and in consideration of One Dollar ($1.00), and other valuable consid- erations paid by the Village of Dublin, Ohio, a municipal corporation, the Grantee herein, receipt of which is hereby acknowledged, hereby V grants to Grantee, its successors and assigns forever, a perpetual .,easement in, through, and under the following described real estate for the purpose of operating, maintaining or replacing a sEnitarJ " sewer line, and appurtenances thereto. ""- Situated in the state of Ohio, County of Franklin, ViJ.la<.:e of Dublin and located in Virginia Military Survey No. 2542, and being part of a 12.496 ac. tract of land deeded to Southwick, Solove, and Company, as described in Deed Book 3659, Page 236 of record in the Recorders Office, Franklin County, Ohio, and being more fully described as follows: Beginning for reference at the northeast corner of said property, Thence along the East property line S 40 9 ' 3711 W a distance of 190.41 feet to the TRUE POINT OF BEGINNING of the herein described Easement; Thence along the north line of said 20 foot easement S 700 12' 0811 W a distance of 224.51 feet to a point; Thence N 890 58' 31 ~W a distance of 64l.03V-feet to a point; Thence S 000 01' 2911 W a distance of 20.00 ~eet to a point; Thence along the south line of , easement S 890 58' 3111 E a distance of 644.52 feet to a point; Thence N 700 12' 0811 E a distance of 2l9.l2-feet to a point in grantors east line; Thence N 40 9' 3711 E a"""- distance of 2l.89JEeet to the point of beginning. D Grantor claims title by instrument of record in Deed Book 3659, Page 236, County Recorder's Office. TO HAVE AND TO HOLD the real estate with all the rights, pri- vileges, and appurtenances thereto belonging to the Grantee, its successors and assigns forever. And the Grantee hereby agrees that the Grantor, its successors and assigns, agents, tenants, lessees and all other persons for the advantage of the Grantor may tap and use said sewer. Grantee further promises and agrees to repair said sewer and to maintain the same in good condition. The Village of Dublin, as soon as practicable after all alterations and repairs thereto, shall cause all affected property of Grantor to be restored to its original condition as nearly as is reasonably possible. This covenant to run with the land. The rights granted herein shall not be construed to interfere with or restrict the use of the premises with respect to the con- struction and maintenance of property improvements along and over the premises herein described so long as the same are so construc~ed as not to impair the strength or interfere with the use and maintenance of 0 said sewer. Grantee hereby further agrees that it will indemnify and save harmless the City of Columbus from any loss, cost, or expense of any kind whatsoever arising out of the use, repair and maintenance of the sewer. If said easement shall at any time be used for any purpose other than as hereinbefore provided or if the Grantee shall fail to perform and fulfill its promises on its part to be performed and fulfilled hereunder or abandons said sewer then it shall be lawful for the [-.- 'H_' '-~-~'l i- ; ~.. ., , ; ~ ~_ ~.~ : ~ ~ ? TRANSFER e'L'.'" D"T j 2. /2 2J NOT NECESSARY I '. ,,,,,' ,'~ _. - --==-- --~._._.. .. I , ~"'r.-D \'" 't F"'-~ s-r OCT251979 ; .:.....v \_~ l"-H .~__,__.___ ,'I..:t. C \.: '.: .. .. :i~L ROGER W. TRACY, JR. .' ..., , II H:D:TOR . ""'i(' ., ~.f"; !~.~.: ::.l_'!~~'t-, \,,~~;I,) ... .. vOL3159 PAGE572 . . . ~ ~ . . . Grantor, its successors and assigns to enter upon the easement hereby granted and repossess and enjoy the same as if this Grant had not been made and thereupon this grant shall be utterly void and of no effect. IN WITNESS WHEREOF, said Southwick, So love & Co. an Ohio V General ~~rshiP' has hereunto subscribed its name this ~~ day of ~ , 1979. :;;;;~N/k~ S~HC,K. ~~~~~ BY~S~4 ~~J2{ ~ BY'. '/'~7/d4j~6~ BY~~~ r / - , --L-' I ( By _ ,.:L..' '-________-/--'--"-,..-,..... ( i '- , ,I STATE OF OHIO COUNTY OF FRANKLIN, ss: Before me, a notary public, in and for said county, personally appeared the above named Southwick, Solove & Co., an Ohio General C Partnership, by Robert T. Southwick, by Richard J. Solove his attorney in fact, Betty J. Southwick, by Richard J. Solove her at- torney in fact, Richard J. Solove and John J. Chester, Partners, who acknowledged the signing of the foregoing instrument;"and.t..hat' the same is their voluntary act and deed ."\.-.; I' ::,':.".,-/:/ .' l;'}<"":';~'_ ',' IN TESTIMONY \'JHEREOF, I have hereunto subscribe..~~':l}l~\\'name~~'.ahd: affixed my official seal on the day and year last af.:-ore~,aid. ,,".:,! '. c~ lO~~ ".>':.:l:"':". "~.:~,,,:-...,., " .-: "c ~~., . ~ .'.t,.,:" i ,'. , Notary Pub1i~.,;"~,", .'.~ ',:..:. - -'. ," ~ 0';' LINDA L SM'i'fK':,' .' WOTARY PUBUC. STATE OF OlftO' This instrument prepared by: NY COMMISSION EXPIRES APRil 17, 1", : John J. Chester, Lawyer 8 East Broad Street Columbus, Ohio 43215 4z ~~ D ~eC., a el)/(9rf '(] r ~eC. " .2 O'rJ. ", $ , C(/ 0 " /; ..,prE'B" ~~9 I?~ ". ". 1 COret . ...,.. 7(;~9.. ~ ers I; I".:.... /f') .....4t ~ ee '/l./.. '>'" .....: () I... ~.'" ..../9 .... , fJ ", I, /:.1' '.0"1 ", ~ C"'" l.o"',f '. ,f) , 4'. '?F; '. .... ~ ~/!-~l. r,~.. ". t1I ...... 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