72-08 ResolutionRECORD OF RESOLUTIONS
Inc.. Form No. 30045
Pas'.ec d
72-08
Resolution No.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT AND RECEIVE A 0.008 ACRE, MORE OR LESS,
STORM SEWER EASEMENT DONATED BY K. ALAN
CHIL'COTE, LOCATED ON THE NORTH SIDE OF SUMMIT
VIEW ROAD, EAST OF RIVERSIDE DRIVE, IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN AND STATE OF OHIO.
20
WHEREAS, the City of Dublin is preparing to extend the existing 60-inch culvert
under Summit View Road near Riverside Drive; and
WHEREAS, said improvement requires the City of Dublin to obtain a storm sewer
easement on the premises described in the attached Exhibit "A"; and
WHEREAS, the City desires to receive as a donation from K. Alan Chil'Cote, the
storm sewer easement as described in the attached Exhibit "A", located in the City of
Dublin, County of Franklin, State of Ohio; and
WHEREAS, this donation will require K. Alan Chil'Cote to execute a Grant of Storm
Sewer Easement to the City of Dublin without consideration or compensation being
paid to them.
NOW, THEREFARE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1: The City Manager is hereby authorized accept and receive the Grant of
Storm Sewer Easement related to the donations from K. Alan Chil'Cote.
Section 2: This resolution shall take effect and be in force from and after the
earliest date permitted by law.
Attest:
~_~~~~
Clerk of Council
Passed this ~ day of ~o ~~~p~~~/ , 2008.
CITY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-44907
To: Members of Council
From: Marsha Grigsby, Interim City Manager ~. ~ ~ ~s~
Date: October 2, 2008
Memo
Initiated By: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer
Todd E. Garwick, P.E., Civil Engineer
Summary
Project
Re: Resolution 72-08 -Acceptance of a 0.008 +/- Acre Storm Sewer Easement Donated by
K. Alan Chil'Cote
Resolution 73-08 -Acceptance of a 0.009+/- Acre Storm Sewer Easement Donated by
Thomas R. and Barbara L. Sabatino
Resolution 74-08 -Acceptance of a 0.009 Acre+/- Storm Sewer Easement Donated by
Kenneth A. Davis
As part of the annual Stormwater Maintenance Program, Engineering staff has been monitoring the condition of
the existing 60-inch culvert under Summit View Road near Riverside Drive. Over the past several years, the
headwalls originally installed at the each end of the culvert have continued to deteriorate exposing the
reinforcing steel (photos attached). These headwalls are very close to the edge of the existing pavement causing
the earth at the roadway edge to erode. Additionally, some of the existing guardrail posts are no longer
anchored in the ground.
Funding is available this year to replace the headwalls and improve safety along Summit View. This repair
project will add 12 feet of pipe to the north and 16 feet of pipe to the south. New headwalls will be placed at
both ends of the extended culvert. The new headwalls will be stone faced in accordance with adopted design
standards. Due to the extensions, guardrail will not be needed on the south side of Surtunit View. The existing
typical guardrail on the north side of Summit View Road will be replaced with steel-backed timber guardrail.
Memo re. Res. 72-08, 73-08 and 74-08 -Land Donations for
Sumrnit View Road Culvert Extension
October 2, 2008
Page 2 of 5
George J. Igel & Co., Inc. will be installing the culvert extension. The project cost is approximately $75,000
and will be funded within the $300,000 budgeted annually for Stormwater Maintenance.
Easements
This project requires that the headwalls be placed outside the existing right-of--way limits. Engineering has
worked with the neighboring property owners, and they have graciously agreed to donate the needed permanent
storm sewer easements and temporary construction easements. Mr. Chil'Cote on the north side of Summit View
Road is donating 0.008 acres. Mr. Davis and Mr. & Mrs. Sabatino on the south side of Summit View Road are
donating 0.009 acres each. Resolutions 72-08, 73-08 and 74-08 will authorize the City Manager to accept the
easements.
Road Closure
This project will require that Summit View Road be closed for approximately two weeks. The roadway closure
will begin on October 13, 2008 with Hard Road posted as the detour route.
Recommendation
Staff recommends approval of Resolutions 72-08, 73-08 and 74-08 authorizing the City Manager to accept the
three donations of storm sewer easements to construct the extension of the existing roadway culvert and replace
both the north and south headwalls.
Memo re. Res. 72-08, 73-08 and 74-08 -Land Donations for
Summit View Road Culvert Extension
October 2, 2008
Page 3 of 5
Existing condition along the south side of Summit View Road looking west towards Riverside Drive.
Memo re. Res. 72-08, 73-08 and 74-08 -Land Donations for
Summit View Road Culvert Extension
October 2, 2008
Page 4 of 5
South headwall of existing 60-inch culvert.
Memo re. Res. 72-08, 73-08 and 74-OS -Land Donations for
Summit View Road Culvert Extension
October 2, 2008
Page 5 of 5
Existing condition along the north side of Summit View Road looking west towards Riverside Drive.
North headwall of existing 60-inch culvert.
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that K ALAN CHIL`COTE, ("Grantor"),
whose tax mailing address is 4500 Summit View Road, Dublin, Ohio 43016, for One Dollaz($1.00)
and other good and valuable consideration, the receipt of which is hereby acknowledged, paid by the
CITY OF DUBLIN, OHIO, a municipal corporation ("Grantee"), does hereby grant unto said
Grantee a temporary construction easement in, over, under, across and through its real property as set
forth on the attached "Exhibit A" for the purposes storm sewer line and other construction located on
4500 Summit View Road, City of Dublin, County of Franklin, State of Ohio (the "Project").
The Grantor and Grantee understand and hereby agree that all terms and conditions contained
herein shall be effective and binding upon the parties, and their respective successors and assigns.
Grantor and Grantee further agree that:
1. The easement rights granted herein shall be exclusive as to all except Grantor and any
previously granted rights of record, however, the Grantor shall not cause or allow to be constructed
during the term of the temporary construction easement granted hereby any permanent building,
structure, facility, or improvement, except utility service lines, which in any way impair the use or
interference with the construction, operation, ,maintenance, repair, removal, replacement or
reconstruction of the Project.
2. Grantee shall indemnify and save harmless Grantor, according to applicable Ohio taw
and City policy, for all claims, expenses, damages and liabilities assertedagainst it (i) formechanic's
and materialman's liens and any costs and reasonable attorney's fees incidental thereto related to the
Project, (ii) on account of inj ury to or death of any person or persons or (iii) on account of damage to
any property, in every instance caused by, connected with, or any way attributable to the rights herein
granted or Grantee's failure to comply with any of the terms or conditions hereof
3. Grantee warrants, following completion of construction of the Project, to return the
temporary construction easement premises as neazly as possible to the condition which existed
thereon prior to the entry onto the property by Grantee, also such work shall be done at Grantee's sole
cost and expense.
4. This temporary construction easement shall terminate within six months from the date
of execution of the easement or when the Project is completed and accepted by Grantee, whichever is
eazlier.
5. The Grantor hereby covenant with Grantee to be the true and lawful owners of the
above-described real estate and lawfully seized of the same in fee simple and having good right and
full power to grant this Grant of Easement.
{M130818/1}
IN WITNESS WHEREOF, the Grantor and Grantee have caused this Grant of Temporary
Constmction Easement to be executed and subscribed this {9 day of .l~~.oT. , 2008.
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
GRANTOR:
K. ALAN CHIL'COTE
~~~~~,
GRANTEE:
CITY OF DUBLIN
Byv~~-- s ~ ~
Its: G~~TY ~11t14G~/~
BE IT REMEMBERED, that on the E 4~' day of ~2~Q~" 2008, before
me, the subscribed, a Notary Public in and for said County, personally came the above named K.
Aian Chil'cote, Grantor, in the foregoing Grant of Temporary Construction Easement, and
acknowledged the signing of the same to be his voluntary act and deed for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereto subscribed my name and affixed my official seal, on
the day and year last aforesaid.
2O,~PFi1Al SF9l .,
EOBYND.HAAP
-_ - _ _ .k Motac! Public, State 910912004
'MyCommissionF
.4 ~SrgTf OF O?'o,
~~~~ ~~
Notary tic
(H73]81811}
2
STATE OF OH[O
COUNTY OF FRANKLIN, ss:
BE fF REMEMBERED, that on the .~ day
me, the subsc ' ed, a Notary Pub ie~'n and for id Cou~nlt,
Dublin, by: ~~~ai~ltFta4~iL~:/.: !'l
Temporaryl~Lonstruction Ease a t, and ac ledged the
voluntary act and deed and the v untary act an deed of said c
therein mentioned.
~,t2X/G , 2008, before
une the above named Ciry of
in the foregoing Grant of
of the same to be his/her
n, forthe usesand purposes
IN W [TNESS WHEREOF, I have hereto subscribed my name and affixed my official seal, on
the day and year last aforesaid. i~
IfNDA 1. GtICK
Notary PubBc-St~tod Ohio
Ny Commfssim E~ftes Nlay 14.2008
This Instrument Prepared By:
SCHOTTENSTEIN, ZOX & DUNN
A Legal Professional Association
250 West Street
Columbus, Ohia 43215
~n~aoeis+.xy
GRANT OF STORM SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS that K. ALAN CHIL'COTE, ("Grantor"),
whose tax mailing address is 4500 Summit View Road, Dublin, Ohio 43016, for and in
consideration of One Dollaz ($1.00) and other valuable considerations paid by the CITY OF
DUBLIN, OHIO, an Ohio municipal corporation ("Grantee"), receipt of which is hereby
acknowledged, hereby grants to Grantee, its successors and assigns forever, a perpetual storm
sewer easement for a storm sewer line in, through, over and under that portion of the property
located on 4500 Summit View Road, City of Dublin, County of Franklin, State of Ohio, and
known as Franklin County Auditors' Tax Pazcel ID Number 273-008671-00 (the "Property"),
such portion being legally described and depicted on Exhibit "A", which exhibit is attached
hereto and made a part hereof, together with the right to Grantee and its employees, agents,
independent contractors, and successors and assigns, (i) of ingress and egress over the Property
for access to the easement granted herein; (ii) to construct underground lines, conduits, valves,
regulators and all other appurtenances (collectively "Facilities"); and (iii) to add to, operate,
maintain, repair, replace, remove or relocate any Facilities.
Grantee, as soon as practicable after construction of the Facilities, including but not
limited to alterations and repairs thereto, shall cause the property of Grantor located within the
easement azea herein described to be restored to its former condition as neazly as is reasonably
practicable.
Grantor, its successors and assigns, hereby release Grantee from any further claims for
compensation or claims for damages resulting from this grant, except that Grantee shall not be
released from liability for damage caused by its gross negligence or that of its employees, agents
or contractors.
The agreements in this Grant of Storm Sewer Easement shall run with the land and be
binding upon and inure to the benefit of the respective heirs, personal representatives, successors,
transferees, and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor, K. ALAN CHIL'COTE, and Grantee, CTTY OF
DUBLIN, OHIO, have hereunto set their hands this / 9 day of ~/~pZ_, 2008.
K ALAN CHIL'COTE,
CI(rT'YOFDUBLIN
By~J ~~ S . In
Its: e~~ ~~~Eti
{H1308ISS.2 }
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this ~ day of _, 2008, before me, the
subscriber, a Notary Public in and for said county and state, personalty came
the of K ALAN CHIL'COTE, Grantor, who
acknowledged the signing thereof io be his/her free act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and yeaz last aforesaid.
:O'CPp1At S~.,.
;? !~'•;
ROBYN D. HARP
Notart Public, State of Ofao
~~;.sT• '''' `o;.MNCommssionExpires09;0912D09
''•~.9Tf OF O?'
~~t ~ ~~
Notary ~blic
My commission expires: ~ U ~ 09
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this ~ day o~~A2008, before me, the
subscriber, a Notazy Public in and for said county and state, 7711 onatly me the CITY OF
LIN, OHIO an Ohio municipal corporation, by: ~ T its:
who acknowledged the signing thereo o be her free a and deed for
n behalf of id municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seat on the day and year last aforesaid.
public ~~s3%~°°~
My
t'Q1AL ,5.~
co ' es:
Notary - dt3No
i o My Comm~sbn F.>~ Nlq t0. ~
j''re of a~.
This Instrument Prepared By:
Schottenstein, Zox & Dunn
A Legal Professional Association
250 West Street
Columbus, Ohio 432[5
(x~sos~ss z ~
STORM SEWER EASEMENT
0.008 ACRE
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF PERRY,
LOCATED IN SECTION 2, TOWNSHIP 2, RANGE 19, UNITED STATES MII.TTARY LANDS,
BEING ACROSS THAT 1.367 ACRE TRACT AS CONVEYED TO K. ALAN CHIL'COTE BY DEED
OF RECORD IN INSTRUMENT NUMBER 200906080100714 (ALL REFERENCES REFER TO THE
RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING
DESCRIBED AS FOLLOWS:
BEGA'NING, FOR REFERENCE, AT THE CENTERLINE INTERSECTION OF SUMMIT VIEW
ROAD WTTH CLUB ROAD OF RECORD IN PLAT BOOK 20, PAGE 4;
THENCE NORTH 21° 22' 31" EAST, WITH THE CENTERLINE OF SAID CLUB ROAD, A
DISTANCE OF 36.62 FEET TO A POINT;
THENCE SOUTH 68° 3T 29" EAST, ACROSS THE RIGHT-OF-WAY OF SAID CLUB ROAD, A
DISTANCE OF 30.00 FEET TO A POINT IN THE EASTERLY RIGHT-0F-WAY LINE OF SAID
CLUB ROAD, BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 21° 22' 31" EAST, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID
CLUB ROAD, A DISTANCE OF 21.13 FEET TO A POINT;
THENCE SOUTH 87° 25' 17" EAST, ACROSS SAID 1.367 ACRE TRACT, A DISTANCE OF 13.19
FEET TO A POINT;
THENCE SOUTH 02° 34' 43" WEST, CONTINUING ACROSS SAID 1.367 ACRE TRACT, A
DISTANCE OF 20.00 FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
SUMMTT VIEW ROAD;
THENCE NORTH 87° 2S 17" WEST, WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
SUMMTT VIEW ROAD, A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING,
AND CONTAINING 0.008 ACRE OF LAND, MORE OR LESS.
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RECOR® OF RESOLUTIOhIS
73-OS
ResoLelion hb. Pne.ced . 20
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ACCEPT AND RECEIVE A 0.009 ACRE, MORE OR
LESS, STORM SEWER EASEMENT DONATED BY
THOMAS R & BARBARA L. SABATINQ LOCATED ON
THE SOUTH SIDE OF SUMMIT VIEW ROAD AND EAST
OF RIVERSIDE DRIVE, IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, AND STATE OF OHIO.
WHEREAS, the City of Dublin is preparing to extend the existing 60-inch culvert
under Summit View Road near Riverside Drive; and
WHEREAS, said improvement requires the City of Dublin to obtain a storm sewer
easement on the premises described in the attached Exhibit "A"; and
'. WHEREAS, the City desires to receive as a donation from Thomas R. & Barbara L.
I Sabatino, the storm sewer easement as described in the attached Exhibit "A", located
'.. in the City of Dublin, County of Franklin, State of Ohio; and
', WHEREAS, this donation wii] require Thomas R. & Bazbaza L. Sabatino to execute a
', Grant of Storm Sewer Easement to the City of Dublin without consideration or
'. compensation being paid to them.
'. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
', State of Ohio, of the elected members concurring that:
', Section 1: The City Manager is hereby authorized accept and receive the Grant of
'. Storm Sewer Easement related to the donations from Thomas R. & Bazbaza L.
'. Sabatino.
'. Section 2: This resolution shall take effect and be in force from and after the
'. earliest date permitted by law.
', Passed this day of , 2008.
Mayor -Presiding Officer
'. Attest:
Clerk of Council