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Home My WebLink About57-79 Resolution ~. , . -... RESOLUTION NO. 67- 71 PASSED DEe 1 7' 1979 19 C A RESOLUTION APPROVING AND ACCEPTING . AN EASEMENT FOR A WATER LINE NUNC PRO TUNC. BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, , of the elected members concurring: SECTION 1. That the easement obtained from SOUTHWICK, SOLOVE & COMPANY for a Water Line is hereby approved and accepted nunc pro tunc. I SECTION 2. That this Resolution shall take effect and be I I I in force immediately upon its passage. I I Passed this /7 day of )~())1~ , 1979. I I C I , ~~. . -' ),h,~ I I I I Pres i ent Pro Tempore . ! ~~~ I - ... l.ng ~cer ~~ I I I Clerk-Treasurer I i I I fi , I \.,' I I I I . 575 . . ... - ' VOL 3759 r~GE CONVEYANCE TAX /JEXEMPT. jJ ~ DEED OF EASEMENT --- ,y <.' ,; . ; ROGER W. TRACY JR : )1~'71. . ~ANI<LIN COUNTY AUDITOR KNOW ALL MEN BY THESE PRESENTS, that SOUTHWICK, SOLOVE & O. , an Ohio General Partnership, hereinafter called "Grantor" 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 of which is hereby acknowledged, hereby grants to Grantee, its successors and assigns forever, a perpetual B easement in, through, and under the following described real estate for the purpose of operating, maintaining or replacing ~ wate_~ltne and appurtenances thereto. Situated in the State of Ohio, County of Franklin, Village of Dublin and located in Virginia Military Survey No. 2542, and being part of a 12.496 Ac. tract of l&nd 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: Parcel 1 Beginning at a point in the center line of Frantz Road, said point being located S 050 01' 29"ifW a distance of 91.75-feet from the northwest corner of said 12.496 Acre parcel; Thence along --j-- the north line of the 20 "1'oot e asemen t S 890 58 ,. 31 n E'"11 di stance of 1028.66 feet to a point in Grantors easterly property line; Thence S 40 9' 37"----W a distance of 20.0S""feet to a point; Thence uJ N 890 58' 3l""""W a distance of 1028.96vfeet to a point; Thence N ~ Q 50 01' 29" E.....a distance of 20.0gVfeet to the place of Beginning. I~ 6 Containing 20576 square feet of land, more or less. =; >= "- ~- ~ 1- L) Ci z Parcel 2 . C> ~ ~::: r:' 0 ~- c5 L) ~~~~! eginning at a point in Grantors southerly property line, said ~~ ;.:! oint being located S 890 58' 31" E a distance of 20.08 feet from -13= he southwest corner of said 12.496 Acre parcel; Thence along a 0 ine 20 feet east of and parallel to the center line of Frantz > Cl oad N 50 01' 29" E a distance of 244.18 feet to a point; in the U..I Cl outh line of the above described Parcell; Thence S 890 58' 31" (~ 0 a distance of 20.08 feet to a point; Thence S 50 01' 29" W a L) U..I e;:: istance of 244.18 feet to a point; Thence N 890 58' 31" W .-'-.---- a distance of 20.08 feet to the point of beginning. Containing 4884 square feet of land, more or less. 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, privileges, 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 water line. Grantee further promises and agrees to repair said water line and to maintain the same in good condition. The Village of I~ 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 construction and maintenance of property improvements 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 of said water line. Grantee hereby further agrees that it will indemnify and save harmless the City of Columbus from any loss, cost, or expense of any . . c. ~ > VOL 3759 PAGE576 '" - .. . , ~ kind whatsoever arising out of the use, repair and maintenance of the water lines. 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 water line then it shall be lawful for the 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 V..,....'.... made and thereupon this grant shall be utterly void and of no effect. . IN WITNESS WHEREOF, said Southwick, Solove & Co. an Ohio General/Yartn~rshi~ has hereunto subscribed its name this ~~~)f~ day of(f/erH~ ,1979. In the presence of: ~C;dLY~d ~Ad2( :: State of Ohio County of Franklin, SS: O Before me, a notary public in and for said county, personally . appeared the above named Southwick, Solove & CO., an Ohio General .., Partnership, by Robert T. Southwick, by Richard J. Solove his .'.....~ attorney in fact; Betty J. Southwick, by Richard J. Solove l)er ;/" attorney in fact; Richard J. Solove and John J. Chester, R,artne.rs~,:. ... who ackno,:,ledge~ the signing of the foregoing instrumen~."'iz~?<:t:pa~~': ".' the same 1S the1r voluntary act and deed. / C:;.:", ,;.: <~:. " . }' ...~.:,.."t\\;::.< '~.:\." ;.... .;', IN TESTIMONY WHEREOF, I have hereunto subscribed ~Y:ir;ta)n~::'aIl4:::' ',,~:;. affixed my official seal on the day and year last af9r~p.?~',.>'. '~Y':'. :;,:.'.' :.~., ---:,... /f. :,,~.. -." :.". ~ '... '."..'.' ....j,. '...."........t.... . ~...'...."'........:....,..:, ..")".'.'~' ,,". ..r:7"7'-: '-'~ ,'.' c/ c::-- .' ~~~:,.r k' : .... ., . '~"'.~:!~ .:~..':..~:< h. . . LINDA L SMlnt T 1S 1nstrument prepared by. ffOTAR'(PUBUc,STATEOfOHlO John J. Che s ter, Lawye r MY cor:.r,~:SSION EXPIRES APRil 17, 19S5 8 East Broad Street columbus, Ohio 43215 A ~ ~~~ TRANSFER ~ NOT NECESSARY OCT2 5 1979 ROGER W. TRACY, JR. I\UD1TOR v............. FRA:-iKU'" CO~NTY. OHIO ... ... ------ Nero". ~ "/:':cJ 00 ecordV .......t ~ $ , OCr 2......./919 Re '. .9 1.0 '. /I ~.,., Corder tv/'~lq "d1/..~ 'ex.'O S fee f' 1..~1..1 ~~1,1.......19 .......o.C' P 'P.... II; "'!. ,,)~ ..... . .0.0 '. C"q0/'I..f] Fr:],?!... ......Al ...... 'I. l.. "'/I1C ". b :J,,~. .'. "Tee "oily Order -2-