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Home My WebLink About18-77 Resolution ""f RECORD OF RESOLUTIONS National Graphics Corp., Cols., O. ~ ~ Fonn No. 6233-A Resolution N O'mm_!_~m_:t!mmm Passednnnn_mJ_ULJm8_J911nm_nu___19nnm_ A RESOLUTION GRANTING PERMISSION TO USE THE VILLAGE RIGHT-OF-WAY. D BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, ~ of the elected me~bers concurring, that: . SECTION I. Clarence E. and Wanda Fulscher be, and they are, hereby granted permission to use the Village of Dublin right-of- way, if such right-of-way exists for this purpose, for construc- tion of a sanitary sewer line and a waterline from the Southwest corner of Old Rings Road and Frantz Road, North along Frantz Road to the point that the existing Village sewer and waterlines terminate; SECTION 2. Clarence E. and Wanda Fulscher agree by accepting this Grant of Permission to inde.nify and save the Village of Dublin harmless from any and all claims, demands, aceions or causes of action arising out of the use of said right-of-way and t he con struct i on of sa i d sewer and';' v....... in.,; SECTION ~ Clarence E. and Wanda Fulscher, their he..s and assi- gns, further agree that this Grant of Permission is contingent upon: ~ I . That detailed plans be prepared and approved by the Village of Dublin prior to construction. 2. That a hold harmless & waivers guarantees be furnished to the Village. 3. That removal will be at the expense of the owner. 4. That a mainten.ece bond will be posted. 5. That the owner will relocate this line in any conflict with other ut i I it ies. 6. That the owner will maintain and repair sewer line. 7. That the owner waive objection to future assessments on the basis of benefit of use. 8. That a private water service is not approved. 9. That the waterline must be a 12" waterline. 10. That easements for the sewer and waterline will be furnished the Village at no cost to the Village. II. That construction must be completed withing five (5) years of th i'1J Grant. SSCTION 4~ This Resolution will take effect and be in force from and after the earliest period allowed by law. Passed t his Ji:: day of ,Jy".'1 , 1977 ~ ATTEST: ~;2r~ . . . .-s 'J'i'-".,:r",..,,,V .. f7uL s c f-.l f::- f? I ,L ./1 IN THE COURT OF COMMON PLEASE OF FRANKLIN COUNTV7olrfo 11 C J Clarence E. Fulscher, et. al., Plaintiffs -v- No. 76CV-02-646 [ Vi llage of Dubl in, Ohio, et. al., Defendants AGREED ENTRY By agreement of the parties, the Court makes the following Entry which settles the. issues between the parties as follows: 1. Plaintiffs are, hereby, given the right to develop their 18.771:!:. acres, being more particularly de- scribed as foll.ows, to wit: Situated in the State of Ohio, the County of Franklin, the Township of Washington and being part of Virginia Military Survey No. 4852 and being more particularly described as follows: ~;::. C-) [ n:;:! -.~! ~C) 1-- 0.; .. m ~.:-} .. -- ~ u._ . ..'~ - Beginning at an iron pin at the intersection :;1:1 .:;, r'Y. -V" .- -\:.' .'. -.'- .','1 ,....... . , c.. ., r-. ' -'i.:' -:..:.::: , G .:;- I of the centerl ines of Rings Road and Frantz -r, ~. N . '-. ; {l rrl (-'"7; ..' ..;:P-O c,'-;. c: ."" VI Road; thence S. 40 481 E. a distance of 717.53 c::.: :;',1..1":" <'0 on .-i :~.' ~O (f) :':.' -:-:::c feet to an iron pin (passing over an iron pin - C'>::-.o en ~~ at 30.01 feet); thence S. 850 231 W. a dis- tance of 1,132.76 feet to an iron pin; thence N, 30 421 W. a distance of 735.15 feet to a railroad spike in the centerline of said Rings Road (passing over an iron pin at 705.15 feet); 0 E. along said thence N. 86 17\ centerl ine a distance of 1,118.90 feet to the [ point of beginning, containing 18.771 acres, more or less, but being subject to all 1 eg a 1 rights of way of record. in the foJ lowing manner: A) . Development and construction of a three (3) .. . acre lake on the west end of the property approxi- mately 500 feet south of Rings Road, approximately 700 feet long on the south edge of the property, ~Jith tree landscaping providing an effective green screen along the south boundary of the said pro- perty, resulting in an effective buffer between [ Plaintiff's property and the property to the south of Plaintiff's property, said lake may be operated as a pay fishing lake; and B) . Plaintiffs will dedicate, at no cost to Defendants, a fifty (50) foot wide right-of-way to the De- fendant, The Village of Dubl in, Ohio, along Plain- tiff1s east property 1 ine; and C) . Plaintiffs wi 1.1 be permitted to construct a restaurant-coffee shop on the east side of the existing building, said restaurant-coffee shop will be constructed within appl icable building side yard set back and building set back I ines and [ will not exceed the appl icable height 1 imitations, and will have sufficient parking spaces; and D) . Plaintiffs will be permitted to construct a maximum 40 unit motel south of the said restaurant-coffee shop; said motel will comply with all applicable building and side yard set backs, height I imitations, and will have sufficient parking spaces; and E) . Plaintiffs are permitted to construct a club house, cl inic, trade school on the exisiting foundation on the south end of the property, said building will comply with appl icable building and side yard set backs, height I imitations and will have sufficient l [ parking; and F) . Plaintiffs agree that, at no time, will any service stations or pinbal I type amusement centers be al- lowed on the entire property; and -2- . G) . Plaintiffs agree to construct and maintain the earth mounding, landscaping, bridge and wild 1 ife area as set forth on their "PHASE I (Rev i sed) II as testified to by Plaintiff in a deposition taken on J u 1 y 1, 1976, and [ H). Plaintiffs are permitted to construct a medical center to the south of the restaurant, and near the lake, of approximately 15,000 square feet, said center to.comply with all applicable building and side yard set backs, height 1 imitations, and will have sufficient parking spaces; and I) . Plaintiffs are permitted to construct a financial center of approximately 30,000 square feet (15,000 square feet per floor, two floors) in the northeast section of the property, said center will comply with all building and side yard set backs, height limitations, and will have sufficient parking; and J) . Plaintiffs are permitted to construct a maximum 10 J [ unit convenience center of 20,000 square feet per floor, two floors, on the east side of the property next to the road, said center will comply with all building and side yard set backs, height 1 imita- tions, and will have sufficient parking spaces; and K) . Plaintiffs are permitted to construct and maintain two "curb cuts" on entrances to their property, one is immediately east of the restaurant-coffee shop, and the other east of the restaurant-coffee shop, west of the financial center, both of which are off of old Rings Road, together with entrances off of the, to be dedicated 50 foot wide right-of-way for [ Frantz Road; and L) . Plaintiffs agree that all of the preceding rights to build are, exclusively, for the Plaintiffs, and, wi 11 not run with the land if said land is sold by .:) . I Plaintiffs or if Plaintiffs, by reason of death -3- - - .- r --- "' ~ insolvency or any other reason fail to exercise any of the said rights. 2. Plaintiffs agree that all of the aforesaid de- .. velopment wi 11 be in complete accordance with [ The CC Zoning Classification of the Village of Dubl in Zoning Code and Subdivision Regulations, that if any of the foregoing should need further . interpretation, such interpretation shall be made after a careful review of Plaintiff's deposi- t~on taken July 1, 1976; and 3. Plaintiffs agree that Mr. William Callahan and Mr. Ronald Geese were not members of the Council of the Village of Dubl in, Ohio, at the times . Plaintiffs complain of, and, therefore, are not proper parties defendant in this action; and 4. Plaintiffs agree that, if Defendants comply with ~ their portion of the foregoing, that Plaintiffs [ ...Ii 11 save Defendants, and each of them, harm- 1ess from any claim, demand, action or cause of action that might arise or grow out of the aforesaid agreement or development. Further, t~e Court, hereby, dismisses Plaintiffs Complaint at Plaintiffs costs, and orders the within action settled and dismissed with 'prejudice. Judge APr~VED BY: . . L. Ben L. Pfefferle [ ~ ~~~~~n/~or p~_~~.:~..:.~.:.._ __ -'. ..~.....~.._..i""W'~.... ......::::> ~':". ____.. T' . n':.;._ ..... ..._. r-',,-;;-~,'rt-,_. L ~ _..-~... .... c:- ,'r ,J ...( ......- Donald AI. Richardson Attorney for Defendants RICo4 -