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HomeMy WebLinkAbout04-80 Resolution . ."r' . , 4:."'. MAR 3 1980 RESOLUTION NO. D'I- 80 A RESOLUTION DECLARING THE INTENT TO APPROPRIATE CERTAIN PROPERTY FOR THE IMPROVEMENT AND REPAIR OF A CERTAIN C BRIDGE ON BRIGHT ROAD WITHIN THE VILLAGE OF DUBLIN. NOW THEREFORE Be It Resolved by the Council of the Village of Dublin, '1 members concurring that: Section 1. There be and hereby is declared an intent by the Village of Dublin an easement in, over and upon certain property within the Village as is more fully described in Section 4 hereof. Section 2. Names and addresses of the owners of properties affected by this improvement insofar as they can be ascertained are: l. John B. Thomas and Helen M. Thomas 4321 Bright Road Dublin, Ohio 43017 Hannah Alberta Pumphrey 4295 Bright Road D Dublin, Ohio 43017 Lowell R. Quenemoen and Helen M. Quenemoen 4338 Bright Road Dublin, Ohio 43017 Section 3. The purposes of this easement are to effectuate the construction, repair, and improvement and a permanent slope easement for a certain bridge located on Bright Road within the Village of Dublin, Ohio. Section 4. The interests of the various owners in Section 2 hereof shall be as described on the attached Exhibits A, B, and C, respectively, which are made a part hereof as fully as if repeated herein. Section 5. The Mayor of the Village of Dublin is hereby authorized and directed to cause a copy of this Resolution and Notice to be served upon the affected property owners in accordan e with Section 719.05 Revised Code. Section 6. That this Resolution shall become effective from C and after the earliest period permitted by law. Passed this 1,. day of m~ , 1980. , , '.. . - , ~,~- Mayor - Presl.d ng 0 icer Attest: ~-~ I 1 ~, " C, ( .,. . EXHIBIT A , 0 Beginning at a point in the southerly lino of Brip;bt. Hoad., 05 ft.. i.n lYidth) said point 'al{;o being located at the nort.heasterly corn(::c of th0 above mentioned 00826 acre tracts. thence and. i"rith the cClsterly line of tJ-.:.J said 0.826. acre tract, South 9 degrees 09 minutCls 11 seconds West, a dist- :mce of 12.50 ft. to a point; Thence North 76 degrees $5 minutes 20 seconds West, a dist~nc~ of . 109S8 ft. to a point; Thence North 9 degrees 09 minutes 11 second.s :B:nst., a distmlcC oi' 5.00 ft. to a point in the southerly lin1.-1 of Bright Rood; Thence and with the southerly line of B:"1ight }load, SO'i.l:lih eo degr(;c:~ $0 minutes 1.9 seconds East, a distance of 109.32 ft.. to tho poi:nt of begi~'1- ning, containing 9$6.6 sq. ft. or 0.021 acres, more or lasso The abOve description was prepared by Harry L. Greene, Hegistered Surveyor No. 4058, 2160 Tremont Center, Columbus, Ohio 43221. C " , . John B. Thomas and Helen ,M. Thomas C . . ., j ..., .. " . l,!. I "; i EXHIBIT A .' DEED OF EASEHENT " ~ I ! I I I II KNm~ ALL NEN BY THESE PRESENTS, that V John B. Thomas and Helen M. Thomas, Husband and Wife, hereinafter called "Grantor", for and in consideration of One Dollar ($1.00) and other good and, valuable consideration paid by the Village of Dublin, Ohio, a municipal corporation, the Grantee herein ,receipt of whicl1 is hereby acl<.nowledged, hereby grants with general warranty covenants to Grantee, i~s successors and assigns forever, a permanent easement in, through, over, and under the following described real estate for the purpose of a temporary construction easement and permanent slope easement in, over, and uPon the real estate described herein. The total width of the described easement may fall only in part on the Grantor's property. The intended easement is that portion falling within 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 and in the Township of Perry : C Being in the Second Quarter of the Second Township, Range 19, United States Military Lands, and being part of a 0.826 acre tract of land conveyed to John B. Thomas and Helen M. Thomas by deed of record in Deed Book 2601 , page 213 ~ecorder's Office, Franklin County, Ohio, and being more particularly described as follows: Description of Property attached as "Exhibit A",. . C \ . . 1 . ' . " r . Grantor, his heirs and ass~gns 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 con- I.. tractors 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. 'Ii( 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 utility, ,or ingress and egress' to or over the easement area. This easement, however, shall not be construed as giving to Grantee any right of ingres and egress to or over the remainder of said premises owned by Grantor. IN WITNESS WHEREOF, the said Grantor(s), John B. Thomas and Helen M. Thomas who hereby release~s:) their right s, of dower have hereunto set their hand s this' day of ' . , , ' , " ,19 '80 . Signed and acknowledged in the presence of: John B. Thomas lit . . . . . . . . .. ........ ..... Helen M. Thomas STATE OF OHIO FltANKLIN COUNTY, ss: On this day of ' ., 1980 , before me, a Notary Public in and for the jurisdiction aforesaid, personally came the above-named John B. Thomas and Helen ~. Thomas ... " 'I' .1'" ," I'. '.. . .':. . . r ',' ," Grantor(s) in the foregoing Deed of Easement and acknowledge the signing of the same to be a volun.tary act and deed for the uses and purposes t?erein mentioned. D........ IN TESTIMONY WHEREOF, I. have hereunto subscribed my name andaffixec . ... . my official seal on the date last above mentioned. Notary Public This Instrument Prepared By: SMITH & GUNNER, ATTORNEYS AT LAW I 5354 Cemetery Road Hilliard, Ohio 43026 Telephone: ,(614) 876-1220 ~,:. -~ , , - ~;~ \ Ill' <e."" ,~- ,. .. EXHIBIT B, DEED OF EASEMENT KNOW ALL HEN BY THESE PRESENTS, that Hannah Alberta Pumphrey, Widowed and Unremarried, 0 h.ereinafter called "Grantor", for and in consideration of One Dollar ($1.00) and other good and valuable consideration paid by the Village of Dublin, Ohio, a municipal corporation, the Grantee herein, receipt of which is hereby acknowledged, hereby grants with general warranty covenants to Grantee, its successors and assigns forever, a permanent easement in, through, over, and under the following described real estate for the purpose of a temporary constructio-;:l easement and permanent slope easement in, over, and upon the real estate described herein. The total width of the described easement may fall only in part on the Grantor's property. The intended easement is that portion falling within 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, and in the Township of Perry . . Being parts of Lots Nos. 12 and 13 of the Second Quarter of the C Second Township, Range 19, United States Military Lands, and being a part of a 19.62 acre tract of land in the ,name of Hannah Alberta Pumphrey, conveyed to Hannah Alberta Pumphrey 'by deed of record in Deed Book 2870 , page 93 ~ecorder's Office, Franklin County, Ohio, ,and being more par.ticularly described as follows: . Description of Property attached as "Exhibit A"'. . ' , ,0 \ . .' Grantor. his heirs and assigns hereby release the Village of Dublin . from any further claims for compensation of, elaims, for damages r~sultit\g from this grant or the 'construction of said project. except that eon- tractors for the Village of Dublin shall not be released from liability for damage caused by their negligerice. 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. II 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 utility, or ingress and egress to or over the easement area. This easement, however, shall not be construed as giving to Grantee any right of ingres and egress to or over the remainder of said premises owned by Grantor. IN WITNESS WHEREOF, the said Grant<?r W , Hannah Alberta Pumphrey xxk1€k~x~k~KIX~R~XXXxxxxx.xxn~nX:KX~~ ha s hereunto set her hand this'" day of .....,..... " , 19"80 . Signed and acknowledged in the presence of: . , . . . . , . , , " .,.., Hannah Alberta Pumphrey I STATE OF OHIO FRANKLIN COUNTY, ss: On thi~. day of .... . ., 19RO , before me, a Notary Publ~c ~n and for the Jur~sd~ct~on aforesaid, personally came · the above-named i Hannah Alberta Pumohrey . ..l' '''''- ......". ( . &.., ,- _ '. ',_,,, ' " :': ~ ~t \ j '\ 1 (,...,,', . ",:. -', Grantor~) in the foregoing Deed of Easement and acknowlecig~ the signing of the same to be a voluntary act and deed for the uses and purposes therein mentioned. IN TESTIMONY ~rnEREOF, I have hereunto subscribed my name and affixec 1[) : my official seal on the date last above mentioned. . Notary Public' This Instrument Prepared By: SMITH & GUNNER, ATTORNEYS AT LAW 5354 Cemetery Road Hilliard, Ohio 43026 Telephone: (614) 876-1220 l.~ ~t -c~ .~. , ~ ; <. ~ , . . " ," " ... ~ 0( .. . EXHIBIT A 0 DocinninlI nt 11 point in tr...J ccn't,crlir.o of B:L~igh'(j noaa, sr.ici po:i.~l'(j ;j,J.Jv being located, at tho north'\'l'~st co:..~m-~l" of thE: noovo .~.cntio:jQd 19.(,:~ aCl"(} tl"<:ict, thenco and with t."le centc::.~lim 0::: Bright Ro.:.d, South 7> doert:lI::s 12 minutes 49 seconds East, a distanco of 75.68 ft. to a point; Thence South Ih dcgr(.~es 47 "l.inutos 11 s';;CO...Q.3 i!i'::lS'''1 .i: dist..ncc of 22.50 f~. to a point; Thence North 80 degre~s 59 ~inutcs 16 seconds West, a distoncc of 73.11 ft. to a point in the wast.erl;'/' line 0:;." the abov.;.; ril.(mtio~1od 19.62 acrc tract; Thence and wi th th~) YtcGturly line of t.he ....bolo r,llmt:joncd. 19 .62 ;",(;~"L t:L'act, North 9 dcr,l"'cos 09 \':4ir.utcs 11 s.:;;c-:md:; East, [. ci:i_Gt;:r.cc c;;.1' JO..OC j"';'o to the point of boginning, cor~t",ining 1948 ;::;'1.. t'Vtl 0........ 0.044 ;.c:r,~;,,;~ I".,u...,; or less. C lbe above description was prepared by Har.cy L. Greene, I{egis tered Surveyor No. 4058, 2160 Tremont Center, Columbus, Ohio 43221. . . Hannah Alberta Pumphrey C . . . . , , ) ~ "'- .. -.. .; .l'" EXHIBIT C DEED OF EASEt.1ENT KNOW ALL HEN BY THESE PRESENTS, that Lowell R. Quenemoen and Helen M. Quenemoen, Husband and Wife D hereinafter called "Gran,tor", for and in consideration of One Dollar ($1.00) and other good and valuable consideration paid by the Village of Dublin, Ohio, a municipal corporation, the Grantee herein, receipt of which is hereby acknowledged, hereby grants with general warranty cov<imants to Grantee, its successors and assigns forcvc~, a permancne easement in, through, over, and under the following described real estate for the purpose of a temporary construction easement in, over, and upon the real estate described herein. The total width of the described easement may fall only in part on the Grantor's property. The intended easement is that portion falling within 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, and in the Village of Dublin : C Being part of Lot 13, of a subdivision of Section Two (2) Township Two (2), Range Nineteen (19), United States Military Lands, and being part of an 11.9 acretract conveyed to Lowell R. Quenemoen and ,Helen M. Quenemoen 'by deed of record in Deed Book 3507 , page 943 Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: pescription of Prop~rty attached as "Exhibit A",. C \ . '.i. I , -" l ,., , '.., " ".1 . . . --, , , 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 con- tractors 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 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 utility, , or ingress and egress to or over the easement area. This easement, however, 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 WITNESS WHEREOF, the said Grantor(s), Lowell R. Quenemoen and Helen M. Quenemoen who hereby release ~ their rights, of dower ha ve hereunto set their hand s this day of " , . . , 1980 , . j Signed and acknowledged in the presence of: , , . . . . . . . . . . ". , . , . , . I ~owell R. Quenemoe~ 8 Helen M. Quenemoen. STATE OF OHIO FRANKLIN COUNTY, ss: , On this day of " 19 to. , before me, a Notary Public in and for the jurisdiction aforesai , personally came the above-named Lowell R.' Quenemoen and Helen M. Quenemoen t: . . . .; . '.,.-,' I '. , ',' I .l~'," ~ ':".. .' .':', : t.. ~ " . " ' Grantor(s) in the foregoing Deed of Easement and acknowledge the signing of the same to be,a voluntary act and, deed for the uses and purposes therein mentioned. ';I . D IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal ofol the date last above mentioned. Notary Public, This Instrument Prepared By: SMITH & GUNNER, ATTORNEYS AT LAW 5354 Cemetery Road Hilliard, Ohio 43026 " , Telephone: .(614) 876-1220 " ., , " .. I' " ....' 1 ' " ~ .. . .. - , ... . . on . " t....... ,. '.,., . "''( .,_...", ,." ....".", .J 1\11 - L.... '. . .. t . A"". . , . ,'.... " ';' . . ';' t EXHIBIT A I ~ , D :.: " ",',' ~ _, "".... H''''..'"....'..'.."...~.. ......,... ...........,-. ...." .. ..,.,...;..".."........... ., ,-,.,..-, L. ..., _, .1 '. " , . ~.~. Beginning at a point at the southeasterly corner of t.he Bbovc mcmt:i.Qn::~d 11.9 ncre tract, said point being loco:l:;cid in Bright Road, 25 ft.. ~outh e,l" the north line thereof ~ thence along a lin0 in Bright, Tioad, 25 ft. south of. the north line thereof, North 75 9,6grees 12 rninutes 49 seconds West, <l dist- ance of 264 077 ft. to & point %i.m-king the 'l,,);lm~ l~:u.CE OF' BEGL'1NING of '11110 herein described easement; Thence and continuing along a line in Bright Road, 25 ft. south of the north line thereof, North 75 dCf,'l'ees 12 li1il1.utes 49 seconds West, a dit;t- .nce or 5.99 ft. to an angle point; Thence and' continui.."'lg along a line in Bright Road, 25 ft. south of . the north line thereof, North 80 deg~~eez 50 minuJc.es L.9 secondo Wcct, ... distance of u8.95. ft. to a poir.t; , .. 'I'hence 'North 9 degreos,09 r.dnutes 11 seconds Eaat, a distance of 35.00 . ft. to a point.; : Thence South 80 degrees 50 lTD.nutes 49 seconds East" ."1, di.st,Hlce of C 58.42 ft. to a point; Thence South 14 degrB'es: 47 ..unutcs 11 seconds Wost, a dista.nce of 35.'16 ft.' to the TRUE PL~CE 01" BEGINNING of the herein described eauC:;l;';.:.mt containing 1986 sq. ft. or 00045 acres) llioreorlesso , . oft' ,. The above description was prepc:n.-ed by Hacry L. Greene, R(~gistered Sw:veyor No. 4058, 2160 Trem:mt Center, Columbus, Ohio '-1-3221. . Lowell R. Quenemoen and Helen M. Quenemoen CH _....,-~."'l.~7'";:.:....'T""'.._~...,...,...~. :-:O'..'.........-..,,--:-.._.....~. -.-. .'7-.~~.._._-:.".........-..,,~. . .' -.. ".-...--. ~. _.~:- --..-. ..._,-, . ,..,-., ..~ '. J " I . I' I '. ..'! I , I' I. ~ , , . .,'J , ( : ' " I,l-'i;; " .' . I ',' , ~':":':'