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HomeMy WebLinkAbout52-76 Resolution , . RESOL~ . RECORD OF GIlD . National Graphics Corp., Cols., O. ~ Form No. 2806-A =~~~NO'n6_~g_____7_~- p assed_m__um_NO_\Llnd__J~I~__n__nm__19_d_- -- A RESOLUTION APPROVING AND ACCEPTING A CERTAIN EASEMENT FOR SANITARY SEWERS. n Be it Resolved by the Council of the Village of Dublin, Ohio, l. U of the elected members concurring: SECTION 1. That the certain easement for sanitary sewers which i hereto, marked, "Exhibit A", hereof, be and the same is hereby approved and accepted. SECTION 2. That this Resolution take effect and be in force i I , I immediately upon its passage. Passed this 1-., day of No..J , 197 JL... /I Pres i dent . (I).Mi"" ~ Mayor-Presiding (] ATTEST: jW. '-0 Jfl.-~..&J Clerk-Treasurer V ,,",. 1 DEED OF EASEMENT KNOW ALL ~iliN BY THESE PRESENTS, that Richard R. Corna and Barbara J. Corna, husband and wife and Benito Ciotola and Maria M. Ciotola, husband and wife 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 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 constructing, operating, installing, maintaining, removing ~ ' or replacing sanitary sewer lines and tributary connections and appurtenant \.J work; in any part of said e:asement . " : I, . 1, I I'. " The total width of the described easement may fail 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_..J3ituated in the State of Ohio, County of Franklin, Village of Dublin, being also part of a 6.472 acre tract, conveyed to said RichardR.'Corna, Barbara J. Corna, Benito Ciotola and Maria M. Ciotola, by deed of record in Deed Book 3150, page 514, Recorder'S Office, Franklin County, Ohio, and being more particularly described as follows: DESCRIPTION OF 20.00 FOOT PERMANENT EASEMENT I Being a st~ip of land 20.00 feet in, width located within part of that 6.472 acre tract conveyed to Richard R. Corna, et al., of record in volume 3150 page 514, Recorderls Office, Franklin County, Ohio, and being situated in the state of Ohio, County of Franklin, Village of Dublin, lot No. 11, Quarter Township 3, Perry Township, Township 2 North Range ,19 West, U~ited States Military Lands, the centerline of said 20.00 strip being 'more particularly described as follows: t:) ., Beginning for reference at an iron pin marking the intersection of 1 the Southerly right of way line of State Route 161 and the westerly line .'.'. of' said 6.4"'(2 acre tract,' said westerly line also being the: eastf~rly line of a 10.00 acre tract of land owned by Andel'sons Garden Center, In c ., 0 f record involume 2743, page 341, Recorder1s Office, Franklin County, Ohto,'said iron pin also being located S. 050 32' W.'a distance of 30.00 feet:from ,the northwest corner of said 6.472 acre tract~ as measured along said westerl'yline. ' , , ,- Thence, S. 840 40 E. along said southerly right of way line, a distance of 132.40 feet to a point being the true place of beginning of the center line of said 20.00 foot strip herein described. . \ Thence S. 050 20' W. along said center line a distance of 345.00 feet to 'the terminus point of said 20.00 foot strip herein described. ' . I , ' DESCRIPTION of 30.00 FOOT TEMPORARY EASEMENT , . Being a strip of land 30.00 feet in width, and, being located adjacent to and coincident with the westerly and southerly lines of said 20.00 foot permanent easement described above, the center line of said 30.00 strip being more particularly described as follows: ,- Beginning for reference at an iron pin marking the intersection of fJ 1.11<, .0,","1"" "'1, 110" U l' 5 i.a ,," Ro,", t" 16::. a..a i.he w". i;e rly 11"" ur .ala 6."72 , J acres tract, said westerly line also being the easterly~ne of a 10.00 . . acre tract of land owned by Andersons Garden Center, Inc., of record in volume 2743,' page 341, Recorder's Office, Franklin County, Ohio, 'said iron pin being also located S. 050 321 W, a distance of 30.00 feet from the northeasterly corner of said 6.472 acre tract, as measured along said westerly line. I . , Thence, S. 840 40' E along said southerly right of way line a distance of 107.40 feet to a point being located 25.00 weaterly of the centerline of said 20:00 foot permanent easement, as measured along said southerly right of way line, said point being the true place of beginning of the centerline of said 30.00 strip herein described. Thence, S. '05020' W.along said centerline, 25.00 feet westerly of and Rarallel to the centerline of said 20.00 permanent easement, a distance of 30,0.00 feet'to a point.' ""',' ' I Thence, s~84040'E. along the centerline or said 30.00 strip of land herein described, 15.00 feet southerly of and parallel to the southerly line of said 20.00 foot permanent easement, a distance of 35.00 feet,to the terminus point of the 30.00 strip of land herein described. The 20.00;foot permanent easement contains 0.1584 acres of landt and the 30~00 foot temporary easement contains 0.2720 acre of land more or less, and both easements are intended to provide work area for proposed sanitary 5ewer-construction~ in conjunction with Sanitary sewerage im- , provements of the Village of Dublin, Ohio, shown of Record on Contract I plans prepared ,by Burgess andNlple Ltd., approved 7-15-74 by the Village " D of Dublin, Ohlo. .. ,. t 't '. i i ( :, ' The above .descriptions were prepared .from property ownerShip l ", records in Recorder's Office, Columbus, Ohio, sanitary sewer records, on file with the Village of Dublin, OhiO, and survey information, by' , ".,/ Kenneth pardue; Registered Surveyor No. 6035, June 11" 1976. Grantors, ;their heirs and assignsllhereby release the Village orr Dublin from any further claims for compensation or claims for damages resulting from:this grant or the construction of said project,.except that contracto~s for the Village of Dublin shall not be released from liability for damage caused by their negligence. 1 / 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 orantor to be restored to the proper level. 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 o~med by Grantors. O IN'WITNESS WHEREOF, the said Grantors, Richard R. Corna, Barbara J. .' Corna, Benito Ciotola, and Mar1a M.Clo"Go.i.li., who hereby release their: respective rights of dower have hereunto set their hands this 2. ~ .:' . day of october, 1976~ . , , I '\ ' Signed and acknowledged " ' . " .' . in the presence of: : ",', ;:; '(. ,I,", 'i ,. - :':: .'! " . ' ,.' ., '0' ,.. 'I ',! .', ,'j' ',' r:t:, a/I4" ~Lt'Al ~l!I- ' , " ~' , .... ,- ,~.~ ,..' "..' ,~. '.., ." ~,...l"",,: I ':'~;::'I'I';:" '... (4' ,.c......~...'. :7 ..../ ,;2-" ,<:.--<L, t.... .' , .'... · , " ~ ~ .....-.-.-. . . !. It , ",' : : ," . . ',' l :'1, ,.:!:. '.- '\)' >, ",'J,(, ,~., . . I' ,',' ti :'+ :,1 "".,',,, 1:1,1':\""~'J./'''(';''''(: \' - STATE OF OHIO >L ,:.' ,',: .' ,',' "',',' :y,", ",:;" n^ L N COUN'TY.'" S S .' '., .. .' ", ,." ., . Fn.nl~K I ."".' ..,..",,', ",,"',' \ " , .' ."" . '", ','., ~'..'~I'.. f~'. ~,! ...,' -'_:" ,10. I On this '2~ day of october,' '1976; :befor~ me,': a Notiary' Public,!n and f.or the jurisCf!'C'tion aforesaid, personally came the above named Richard R. Corna', Barbara J. Corna, Benito Ciotola, and Maria M. Ciotola, Grantors in the for0go:!.ng !'e~d cr Easement and a~k"'owledg~ the s:'I"ening of the same to be a voluntary act and deed for the uses and purposes therein mentioned. O..",....!.., IN TESTIMONY WHEREOF, I have hereunto sUbscr.ibed my name and affixed ,,' my' official seal on the date last "above, ~~~. " . ~ . I' ...., '. I I , . . .' ~ " , ~, ' . ' , ',.(.v ," " , , .." " ,',' ,,::' ',,, ':', ,', .N~: 'lftll~/' i .'"1 l.~'\..~ ;'. .i,',' ',~'(~r'.:.1C.,~,:~/;.:f~:>>;j~:;! ~ ,):,:'~:.~I,:~.y.,. };/:::..;~::.I.:.;,.: !;. >"11...... . _ L~:;;'1$ G:::.ESE.', ,,';.',' , ,. 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