44-78 Resolution
.-- f'''' -- . ~'r;".'''~<;; ~. "...,.........,?..-." ~.~-f"'."',y,~.'.:~, " ,
...: Ii ,_._",' ~~.'
. ,.~., '," l-
i ". '. :~i!'~flV ? 0, 1Q7R
;" ~..,
Ii r
~~i'... .','
RESOLUTION NO. ~1.. 76
DECLARING THE INTENT TO APPROPRIATE
PROPERTY FOR THE DAVID ROAD WATER
DISTRIBUTION SYSTEM.
r:J BE IT RESOLVED by the Council of the Village of
Dublin, County of Franklin, State of Ohio, 6> members con-
. I
curr~ng : I
j
SECTION 1. That according to Section 719.04, Ohio Revised Code, I
,
I
there is hereby declared an intent by the Village of Dublin to I
I
appropriate easements on real property for the purpose of the II
construction of the David Road Water Distribution System, inc1ud-
I
ing construction of trunk line, sub-trunk lines, and appurtenance~
I
~ro~ the fOlloWin~ owners of real property and/or their successor,
~n ~nterest, to w~t: I
I
Moore, Floyd and Ima
Schnell, Virgil S. and Ethel A.
t:J SECTION 2. That a description of each parcel of land and interes
to be appropriated by said Village of Dublin in property owned in
whole or part by those persons named in Section 1. of this
Resolution are fully described on the attached "Exhibit A," which
is made a part hereof the same as if fully rewritten herein.
SECTION 3. That this Resolution shall take effect and be in
force within the earliest time allowed by law.
!
i
Passed this ~,,, day of ~O\JI:n\f)~ , 1978. I
I
I
i
. I
Pres~dent Pro Tempore I
I
o MaY~ng~ I
I
ATTEST: I
dLW ~~ I
C rk-Treasurer I
i
I
,
I
~
-,
, , ~
~"
,.~ ~ .~
\ , ... ..
. ..
"
,.
.DEED OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that. Floyd and lma Moore
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 for-
I[] ever, a permanent easement in, through, over, and under the following descrihed
.... . i real estate for the purpose of constructing, operating, installing, 'maintaining,
. .. removing or replacing water lines and tributary connections and appurtenant work
in any part of said easement.
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, Village
of. Dublin, being also part of Q~arter Township 3, Township 2, Range 19, United
States Military Lands
also being part of a 0.698 acre tract
conveyed to Floyd and Ima Moore
by deed of record in Deed Book 3429, page 648 ,
Recorder's Office, Franklin County, Ohio and being more particularly described as
follows:
Being a permanent easement 30 feet in width, same being the
westerly one-half of a private roadway (60 feet in width) on .the
. easterly end of the Grantor's property and lying westerly of the
, following described line:
. Beginning at the Grantor's southeasterly property corner in the
'0 centerline of said private roadway;
,: Thence northerly along said centerline and the Grantor's easterly
property line a distance of 130,86 feet to the point of termination at
. the Grantor's northeasterly property corner, containing 0.09 acre more
or less.
"
)
.~
.
'-
~- - ..-/
\
\.
-
'0 ~~
CQnstruction Easement (None Required)
-
Also a construction easement for and during the period of construction only,
feet in width, abutting on the
.
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 contractors 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
1
~
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. The easementt
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,
who hereby release their respective rights of dower have hereunto set their hands 0
this day of , 19_.
Signed and acknowledged
in the presence of:
.
. .
STATE OF OHIO
FRANKLIN COUNTY, ss:
On this day of , 19_, before me, a Notary Public in
'and for the jurisdiction aforesaid, personally came the above named
. a
Grantor 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.
;".
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my )
,
official seal on the date last above mentioned. ~;
I
I
- I
i
I
Notary Public I
. I
!
i
r
. _ This instrument prepared by: r
I
. !
'. I
- a
~.
.
.
\
\
.
- .
1
-
...':
'DEED OF EASEMENT
~
KNOlv ALL MEN BY THESE PRESENTS, that. Virgil S. and Ethel A. Schnell
.
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 for-
III ever, a permanent easement in, through, over, aud under the following desorihed
i, real estate for the purpose of constructing, operating, installing, maintaining,
xi removing or replacing water lines and tributary connections and appurtenant work
in any part of said easement.
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, Village
of. Dublin, being also part of quarter Township 3, Township 2, Range 1~, United
States Military Lands
. also being part of a 0.53 acre tract
conveyed to Virgil S. and Ethel A. Schnell
by deed of record in Deed Book 1768, page 15 ,
Recorder's Office, Franklin County, Ohio and being more particularly described as
follows:
Being a permanent easement 30 feet in width, same being the
westerly one-half of a private roadway (60 feet in width) on the
. easterly end of the Grantor's property and lying westerly of the
. following described line:
. Beginning at the Grantor's southeasterly property corner in the
,8 centerline of said private roadway;
Thence northerly along said centerline and the Grantor's easterly
property line a distance of 100 feet to the point of termination at the
. Grantor's northeasterly property.comer, containing 0.07 acre more or
less.
.
-
....
.
u. _
,
\
II +
Construction Easement (None Required)
,~
!- ,'>':' Also a construction easement for and during the period of construction only,
feet in width, abutting on the
.
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 contractors 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.
- . ~ ..
-
. :
The rights granted herein shall not be construed to interfere with or restrict
the use of the premises with ~espect to the construction and maintenance of property
improvements along and over the premises herein described so long as the same ar~ 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. The easemen':,
however, shall not be construed as giving to Grantee any right of ingress ~nd egress
to or over the remainder of said premises owned~by Grantor.
~ IN WITNESS WHEREOF, the said Grantor,
~
~ who herehy release their respective rights of dower have hereunto set their hands
. this day of , 19_. _
Signed and acknowledged
in the presence of:
.
.
.
t
STATE OF OHIO
FRANKLIN COUNTY, ss:
On this day of , 19_, before me, a Notary Public in
and for the jurisdiction aforesaid, personally came the above named
0 .
Grantor in the foregoing Deed of Easement and acknowledge the signing of the same
to be a voluntary act and ~eed for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have. hereunto subscribed my name and affixed my
official seal on the date last above mentioned.
Notary Public
This instrument prepared by:
\
n ,,~
\.J
.
~
l 't
___._____.~._._____il