28-74 Resolution
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RECORD OF ~. ,~I
~RESOLUTIONS
National Graphics Corp., eols., O. .... Form No. 2806-A
Resolution No._~8_~_?_t_______ p assed____________________N~~____L~___________19 :!-1--
A RESOLUTION APPROVING AND ACCEPTING
Ll3KfAIN EASEMENTS FOR WATER LINES
, Be it Resolved by the Council of the Village of Dublin, Ohio,
4, of the elected members concurring;
SECTION 1. That the certain easements for water lines, are attached
hereto, marked "Exhibit A" ~ "Exhibit B", and "Exhibit C", and made a part
hereof, be, and the same are hereby, approved and accepted.
SECTION 2. That this resolution take effect and be in force inmediate1y
upon its passage.
Passed this ---10 ~ day of NoJ , 1974.
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. DEED OF EASEMENT L.
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Richard L. Loveland (the "Grantor") in consideration of One
Dollar and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, does hereby GRANT,
BARGAIN, SELL AND CONVEY to The Village of Dublin (the "Grantee"),
its authorized agents or contractors, successors and assigns, a
permanent easement (the"Permanent Easement"), across and under the
I following described real property:
Situated in the State of Ohio, County of Franklin,
Village of Dublin, being a strip of land 10.00 feet in
width in Parcell and Parcel 2, as the same are described
in a deed to Richard L. Loveland, of record in Deed Book
2560, Page 424 (all references to Deed Books in this
description refer to the records of the Recorder's Office,
Franklin County, Ohio); the centerline of said 10.00
foot wide strip being described as follows:
Beginning, for reference, at the southeasterly corner
of said Parcell, a point in the centerline of Riverside
Drive; thence N 210 14' 00" W, with the centerline of
said Riverside Drive, a distance of 5.53 feet to the
true point of beginning;
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Thence from said true point of beginning, N 860 00' 00" W,
parallel to and 5.00 feet-northerly from the southerly line
of said Parcel 1, a distance of 272. 64 feet to a point;
Thence N 770 28' 09" W, a distance of 90.85 f~et
to a point;
Thence S 840 OS' 34n W, a distance of 46.79 feet to
I the point of ending, the same being a point in a westerly
line of said Parcel 2.
for the purpose of constructing, using and maintaining a water line
(the "Water Linen) and appurtenance works in said strip, including
. the right to clean, repair, and care for said line and access to
said strip for those purposes, and for no other purpose, provided,
further, that all such improvements in the Permanent Easement shall
be underground and not exposed to public view, other than hydrants,
and valves, if any, located within twenty (20) feet of the west line
of said strip;
AND ALSO, the right to use only during the construction of the
Waterline herein provided for, additional area alongside said
permanent strip to the extent of limiting lines as follows:
Beginning, at the southeasterly corner of said Parcell; thence
N 210 14' 00" W, with the centerline of said Riverside Drive, a dis-
tance of 16.6 feet to a point; thence N 860 00' 00" W, parallel to
and 15.00 feet northerly from the'southerly line of said Parcell,
a distance 265.00 feet to a point; thence N 40 00' 00" E, a distance
of 50.00 feet to a point; thence N 860 00' 00" W, a distance of
175.00 feet to a point; thence southerly with the westerly lines of
said Parcell and Parcel 2, (low water mark of Scioto River), a
I distance of 85.00 feet to a point; thence S 860 00' Oon E, with
the southerly line of said Parcell, a d~stance of 405.00 feet to
the point of beginning.
A drawing , showing the location of these easements in attached
hereto, marked "Exhibit An, and is incorporated herein by this
reference.
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TO HAVE AND TO HOLD said Temporary Easement and Permanent
Easement to the Grantee, its authorized agents or contractors,
successors and assigns, until such time as the construction of
the Water Line shall have been completed (with regard to the
Temporary Easement) and forever (with regard to the Permanent
. Easement) . This, easement is granted subject to the existing
easments, covenants, conditions and restrictions ,of record.
I IN WITNESS WHEREOF, the Grantor and Catherine R. Loveland,
wife of the Grantor, who joins in the .execution hereof for the
purpose of releasing her dower interest in the easements hereby
conveyed, have executed this instrument on the ~~.day of .
September, 1974. ----
Signed and acknowledged
in the presence of: ~~O~OA'Q
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Richard L. Loveland
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Catherine R. Loveland
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STATE OF OHIO
FRANKLIN COUNTY, SS:
Before me, the subscriber, a notary public in and for said
county, personally appeared Richard L. Loveland and Catherine R.
Loveland, husband and wife, who acknowledged the signing of the
I foregoing instrument to be their free act and deed for the uses
I and purposes set forth therein.
IN WITNESS WHEREOF, I have hereunto signed my name and
affixed my official seal on the 3a1hday of September, 1974.
q~..~..~~
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JUDY M. EHLERS
NOTARY PUBLIC, FRANKliN COl!NTY. OHIO
, MY ~OMMISSION EX~.l.W ,.OV.17. 1975
This instrument prepared by Kenton L. Kuehnle and Richard L.
Loveland, Attorneys at Law.
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SB3 N. CASSADY AVENUE EXHIBIT A
COLUMBUS, OHIO
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PlAT BOOK NO...... PAGE "'-'0.... '.... .... ~.... RAN1Q.JN COUNTY EECO~"S R:CO:mS
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, DEED OF EA.SEMJtm'S
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KNOW ALL MEN BY THESE PRESENTS, That Paul Varga and Sons, Inc., of
the County 'of Frah1c1.1.~and State: of Ohio, in consideration of the sum of
One Dollar ($l.OO) and other valuable considerations to it paid by 'the
Village of Dublin,. Ohio, Grantee herein, the receipt and sufficiency of
which is hereby acknowledged; 80es grant and release to the Village of
Dublin~' Ohio, its successors and assigns fore,ver, a permanent right of way .
and easement over and through "the following' real estate, described as follows:
'0, ' ~ DEscRIPrION OF PlmMA.NENrEASEMlmr'
: .
. . Situa.ted in the State of Ohio, County of Franklin, Township of
Washington, being part of Survey No. 2544, Virginia Military Surveys, being
a strip of land 10.00 feet in width in that 313.44 (original) acre tract as
described in a deed to Paul Varga and Sons, Inc. of record in Deed Book 1658,
page 99, (all references to Deed Books in this description refer ~o the
records of the Recorder's Office, Franklin County, Ohio), the centerline of
said 10.00 feet wide strip being described as follows:
Beginning for reference, at a point in an easterly
line of said 313.44 acre tract, the same being the
northeasterly corner of that northernmost 61.27 acre
tract deScribed in a deed to Robert Snouffer, Jr.,of
record in Deed Book 3215, page 302; thence N 90 35' 00" w.
a distance of 5.00 feet to the true point of beginning:
Thence, from said true point of beginning,s 800 25'00" W.
parallel to and 5.00 feet northerly from (as measured
at right angles) the northerly line of said 67.27 acre
tract, a distance of 463.50 feet toa point;
Thence N. 220 06' 20'. W. a distance of 1055.75 feet
I to a point;
Thence S 700 52' 40"W. a distance of 1595.87 feet
to a point;
Thence N 190 17' 3~. W. parallel tn and 35 feet easterly
from (as measured at right angles) the centerline to
Dublin-Bellepoint Road, a distance of 1843.62 feet
to the point of ending, said ending point being in a
southerly line of that 67.338 acre tract described
in a deed to Leo Yassenoff Estate, of record in Deed
Book 3381, Page 609.
PlRPOSES
The foregoing easement is for the purposes of constructing, using
and maintaining a WaterLine and appurtenant works in said strip, including
the right to clean, repair and care for said Line and access to said strip
for said purpose" also including the right to use an additional 5 feet on
each side of said 10 foot wide strip where the same is in, on, or adjacent
to actual or proposed dedicated streets, the front or rear or side lines
of actual or proposed lots or an additional 2 1/2 feet on each side of
said 10 foot wide strip where the same is not on the front, rear, or side
lot line of actual or proposed lots or in, on, or adjacent to proposed or
actual dedicated street.
I Also including the right to Use an additional 10 foot wide strip,
in addition to the 10 foot easement granted herein, where the easement is
adjacent to the south line and the west line of the premises set forth
herein.
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CONSTROCTI'ON EASEMENT
For the aforementioned consideration, the Grantor also grants and
releases to the Grantee, its successors and assigns~ the right to use only
during the construction of the Water Line herein provided for, additional.
area alongside said permanent strip to the extent of limiting Lines as
follows: being stripe of land 30.00 f~et in width on both sides of and ad-
I jacent to the strip of land over and through which the permanent easement
runs, the southernmost end-limit being the northerly boundary of said 67.27
acre tract, the northernmost end-limit being the southerly boundary of said 67.338
acre tract, the easternmost end-limit being the easterly boundary of said
313.44 acre tract, and the westernmost end-limit being the western~ost limit
of said permanent strip along said Dub1in-Be11epoint Road.
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I SLA1ID EASEMENI'
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For the aforementioned consideration, the Grantor also remises, re-
leases, and forever quit claims to the Grantee, its successors and assigns,
a right of way and permanent easement over any portion of the island which is
located in the Scioto River to the east of the aforementioned 313.44 (original)
acre tract which is or may be owned by the Grantor, such easement being for
the purposes of construction, operation, and maintenance of the aforementioned
Water Line.
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TERMINATION ANDRESTCRATI ON
The,Grantee shall construct the water ,line herein on or before
18 months from the date hereof. _ Insofar as is reasonably possible and sub.
ject to the qualifications respecting trees and shrubs contained in the last
two sentences of this paragraph, the premises shall be restored to their
former state by the Grantee after construction, or after any maintenance to the
lines by the Grantee, which shall be accomplished within a reasonable length
I of time. These easements shall include the rights of ingress and egress to the
Grantee, its successors and assigns, and the right to reconstruct and maintain
said lines. The Grantee shall replace and pay for any damage incurred to
growing'shrubsor trees in the event that said shrubs or trees shall be damaged
during the repair or maintenance of said lines. During the construction
easement the Grantee shall avoid any unnecessary damage to any trees or shrubs.
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CONDITION
As part of the consideration for the execution and deliv.ery of this'
deed of easements, the Grantee, its successors and assigns, grants to the
Grantor, its successors and assigns, the right to install sufficient water
taps for the future development of the premises now owned by the Grantor
as set forth herein, and shall install a valve at each junction of the water
line as it crosses the perimeter boundary line of the Grantor~s aforementioned
313.44 (original) acre tract, upon annexation of the same to the Village.
To have and to hold said premises to said Grantee, its successors
and assigns forever, for the uses and purposes hereinbefore mentioned.
IN WITNESS WHEREOF, the said Paul Varga and Sons, Inc., has caused
these presents to be executed by its duly authorized corporate officer
this day of 1974.
-I Signed and acknowledged in the
presence. of:
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STATE (F OHIO
COUNTY OF FRANKLIN, SS:
I Before me, a Notary Public, in and for said County, personally
appeared Paul A. Varga, President of Paul Varga and Sons, Inc., the company
which executed the foregoing deed, acknowledged that he did sign the deed
as such president, and in behalf of said company and by authority of its .
Board of Directors; and that said instrument is his free act and deed as
such president, and the free and corporate act and deed of said Paul Varga
and Sons, Inc.
IN TESTIMONY WHEREOF, I have hereunto sUbscribed~nd
affixed my official seal ~V the, day of 0 974.
f!k4d~
Notary Public, S.fllf~. ot oh;'o
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. This instrument ~prepared;by: ChArles O. 'Weilbacher, Attorney at Law.
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DEED OF EASEMENTS II IJ
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PERMANENT EASEMENT:
The Yassenoff Foundation, Inc., a Delaware non-profit
corporation of Columbus, Ohio, ("Grantor") , in consideration of the sum
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of One Dollar ($1.00) and other good and valuable consideration, paid
by the Village of Dublin, Ohio ("Grantee") , the receipt and sufficiency
of which are hereby acknowledged, does hereby, for said corporation,
its successors and assigns forever, grant and convey to the Grantee,
its successors and assigns, a permanent easement over and through
the following described real estate:
Situated in the State of Ohio, part being in Washington
Township, Franklin County, and part being in Concord Township, Delaware
County, being in Survey No. 2545, Virginia Military Survey, and bei.ng
a 67.338 acre tract as described in an executor's deed to The
.
Yassenoff Foundation, Inc., of record in Deed Book 3434, Page 132,
(all references to Deed B~oks in this description refer to the records
I of the Recorder's Office, Franklin C~unty, Ohio); being a strip of land
10.00 feet in width in said 67.338 acre tract, the centerline of said
strip being described as follows:
Beginning, for reference at the southwesterly corner
of said 67.338 acre tract, in a northerly line of
that 313.44 acre tract as described in a deed tQ Paul
Varga and Sons, Inc., of record in Deed Book 1658,
Page 99, in the centerline of Dublin Bellepoint Road
(State Route 745); thence N 720 04' 00" E, with the
southerly line of said 67.338 acre tract, the
northerly line of said 313.44 acre tract, a distance
of 40.01 feet to the true point of beginning;
Thence, from said true point of beginning N 160 49'
00" W, parallel to'and 40.00 feet easterly from the
centerline of said Dublin Bellepoint Road, a distance
of 756.00 feet to a point;
Thence N 160 54' 00" W, parallel to and 40.00 feet
easterly from the centerline of said road, a distance
of 374.06 feet to a point;
6 Thence, N 18034' 00" W, parallel to and 40.00 feet
easterly from the centerline of said road a distance
of 522.29 feet to the northerly line of said 67.338
acre tract, the point of ending.
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~ CONSTRUCTION EASEMENT:
For the aforementioned consideration, the Grantor,
hereby, for said corporation and its successors and assigns, also
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grants and conveys to the Grantee, its authorized agents, contractors,
D successors ,and assigns,' the right to use only during the construction
of the waterline herein provided for, additional area along the
sides of said permanent strip to the extent of limiting lines as
follows:
Being a strip of land 30.00 feet in width,
easterly of and adjacent to the permanent
easement; and being a strip of land 5.00
feet in width, westerly of and adjacent
to said permanent easement, the end limits
being the end limits of said permanent
easement.
PURPOSES:
The foregoing easements are for. the purposes of con-
structing, using and maintaining a waterline and appurtenant works
in said strip, including the rights to clean, repair, and care for
I said waterline aIld access to said waterline for said purposes.
CONDITIONS:
This Deed of Easements is executed and delivered, and
the said easements are granted upon the following conditions, to
wit:
1. The Grantee, its agents and employees,
successors and assigns shall, as soon as
practical after construction of said
waterline and after any subsequent
alterations, maintenance and/or repairs
thereunto, restore all property of the
Grantor to its original condition as
nearly as is reasonably possible. This
covenant shall run with the land.
2. No special assessments to pay the direct
or indirect cost of constructing said
I waterline shall be made against the Gran-
tor, its successors or assigns, or against
the within named premises, and 'no cost of
any kind shall accrue to the Grantor, its
successors or assigns, unless and until
application is made by the Grantor or its .
successors or assigns to use said waterline,
at which time only such normal and regular
fees and charges as may be established by
the Council of the Village of Dublin, Ohio,
(or other governmental regulatory body
having jurisdiction) shall be due and payable
therefor.
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IN WITNESS WHEREOF, Grantor has hereunto set its hand
this .-'lIS-r day of Ot.-h be~ , 1974.
fi INC. ,
Signed in the presence of:
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Fred E. Dauteoman, Jr. b- /
STATE OF OHIO )
) SS:
COUNTY OF FRANKLIN)
I BEFORE ME, a notary public in and for said county and .
state, personally appeared the above named Trustees for The
Yassenoff Foundation, Inc., who acknowledged that the signing
thereof was duly authorized act and deed of said Corporation and
their free act an~ deed for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand and official
seal at Columbus, Ohio, this ..JJ.::: day of Of... ~ \oe r ' , 1974.
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' Nota-fy Pun ic
HERBERT R. GOOSY, Attorney At L VI
NOTARY PUBLIC-STATE OF. OHIO.
J"lfiTI,ME 'O,MMI$.$.I.Olt _
This instrument was prepared by Herbert R. Godby,
attorney at law, 250 East Broad St., Columbus, Ohio 43215
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