73-08 ResolutionRECORD OF RESOLUTIONS
Inc., Form No. 30045
73-OS
Resolcrtiorz No. Passed , 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. SABATINO, 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.
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 will require Thomas R. & Barbara L. Sabatino to execute a
Grant of Storm Sewer Easement to the City of Dublin without consideration or
compensation being paid to them.
NOW, THEREIjORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, (.Q 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. & Barbara 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 ~(~-~y~ ~-~_~~ , 2008.
Mayor -Presiding Officer
Attest:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
CITY OF DUBLIN_ phone: 614-410-4400 • Fax: 614-410-44907
Memo
To: Members of Council
From: Marsha Grigsby, Interim City Manager ,` ~ ~ ~-rC
Date: October 2, 2008
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Todd E. Garwick, P.E., Civil Engineer
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
Summary
Project
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 Summit 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
Summit 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 74-08 -Land Donations for
Summit View Road Culvert Extension
October 2, 2008
Page 5 of 5
Existing condition along the north side of Surrunit View Road looking west towards Riverside Drive.
North headwall of existing 60-inch culvert.
GRANT OF STORM SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS that THOMAS R. SABAT[NO AND
BARBARA L. SABATINO, ("Grantors"), whose tax mailing address is 1621 Moon Lake
Boulevard #400, Hoffman Estates, Illinois 60169, for and in consideration of One Doliaz ($1.00}
and other vatuable 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 stonn sewer line in,
through, over and under that portion of the property located on 4501 Summit View Road, City of
Dublin, County of Franklin, State of Ohio, and known as Franklin County Auditors' Tax Parcel
ID Number 273-008649-00 (the "Property"), such portion being legally described and depicted
on Exhibit "A", which 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 tines, 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, shalt cause the property of Grantors located within the
easement area herein described to be restored to its former condition as neazly as is reasonably
practicable.
Grantors, 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 Grantors and Grantee.
IN WITNESS WHEREOF, Grantors, THOMAS R. SABATINO AND BARBARA ~y~
SABAT[NO, and Grantee, CITY OF DUBLIN, OHIO, have hereunto set their hands this /0"V
day of ~,~" , 2008.
{N13080C1.3 )
GRANTORS:
THOMAS R SABATINO,
e
BA ARA L. S,A[~BAT~~IN//O ~~//~~ ~ ~
d ! KJ~d~7~"'
GRANTEE:
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
Its: G'iTy n/AA~HGE/1
~x~»~: ~
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this ~~day of, 2008, before me, the
subscriber, a Notazy Public~ ~in" and for said county and state, personally came
Tf/i/rl.~s+' ~+`~.x~te CtEytlc /7ltmGC~ of THOMAS R. SABATINO AND
BARBARA L. SABATINO, Grantors, who acknowledged the signing thereof to be their free
act and deed.
IN TESTIMONY WFIEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and yeaz last aforesaid.
. CATHERINE R. SAPORRO
Notary Public
In and for the State of Ohb
t"ty FAaroh 2013 res
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
d~fotary public
My commission expires: ~ ~~ ~.3
BE IT REMEMBERED, that on this ~ day o 2008, before me, the
subscriber, a Notary Public in and for said county and state, etsonall came the CITY OF
D~BLIN, OHIO, an Ohio municipat corporation, by: ~ its:
who acknowledged the signing the f to be er free t and deed for
and behalf of s ' municipal corporation.
IN TESTIMONY WFIEREOF, [have hereunto subscribed my name and affixed my
official sea[ on the day and yeaz last aforesaid.
Notary PubNO- Statltrt Otdo
~i~"~~~
This Instrument Prepared By:
Schottenstein, Zox & Dunn
A Legal Professional Association
250 West Street
Columbus, Ohia 43215
(HI3U80fi2 (
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that THOMAS R. SABATINO AND
BARBARA L. SABATINO ("Grantors"), whose tax mailing address is t 700 Moon Lake Boulevazd
#400, Hoffman Estates, IL 60169, for One Dotlaz ($1.00) and other good and valuable consideratioti,
the receipt of which is hereby.acknowledged, paid by the C[TY OF DUBLIN, OHIO, an Ohio
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 of constmction of a storm sewer line in and other constmction on the property
located on 4501 Summit View Road, City of Dublin, County of Franklin, State of Ohio (the
"Project").
The Grantors and Grantee understand and hereby agree that all terms and conditions
contained herein shalt be effective and binding upon the parties, and their respective successors and
assigns. Grantors and Grantee further agree that:
1. The easement rights granted herein shall be exclusive as to alt except Grantors and
any previously granted rights of record, however, the Grantors shall not cause or allow to be
constructed during the term of the temporary constmction easement granted hereby any permanent
building, structure, facility, or improvement, except utility service tines, which in any way impairthe
use or interference with the constmction, operation, maintenance, repair, removal, replacement or
reconstmction of the Project.
2. Grantee shall indemnify and save harmless Grantors, according to applicable Ohio
law and City policy, for all claims, expenses, damages and iiabiiities asserted against it (i) for
mechanic'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 shalt 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 Grantors hereby covenant with Grantee to be the tme 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.
(H13000062}
1
IN WITNESS WHEREOF, Ehe Grantors and Grantee have caused this Grant of Temporary
Construction Easement to be executed and subscribed this/day of , 2008.
GRANTORS
THOMAS R. SABATINO
BARBARA L. SABATINO
GRANTEE:
CITY OF DUBLIN
Its: ~,Ty mR~~~~~
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the l~/ day of Sla~~~ , 2008, before
me, the subscribed, a Notary Public in and for said County, personally came the above named
Thomas R. Sabatino and Barbara L. Sabatino, Grantors, in the foregoing Grant of Temporary
Construction Easement, and acknowledged the signing of the same to be their 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 yeaz last aforesaid.
Notary Pu(~" ,,,,~~~
O i ~~, ~ I,//''~~j ~ CATHERfNE R. SAPORRO
{N,soeoos.z7 =t'~: :%`Q= NotaryPuWic
2 *: .k' In and for the Slate of Ohio
MY Commission Expires
%tIN:. ?O: March 18, 2013
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the ~~ day of _ 2008, before
me, the subscribed, a Notary Pub 'c in an fpr said C~unry, perso rally came the above ttamed Ciry of
Dublin, Granter, by: `r , in the foregoing Grant of
Temporary Constru on Easement, acknowled d the s' ing of the same to be his/her
voluntary act and deed and the voluntary act and deed of said corporation, for the uses and purposes
therein mentioned.
IN WITNESS W HEREOF, I have hereto subscribed my name and affixed my official sea(, on
the day and year last aforesaid. _, ~
LINDA L. 6LlCK
Notary Pubtk - State of Ohio
My Commission Fxp'nes May 19, 2009
OF
This Instrument Prepared By:
SCHOTTENSTEIN, ZOX & DtINN
A Legal Professional Association
250 West Street
Columbus, Ohio 432/5
(N13080062]
STORM SEWER EASEMENT
0.009 ACRE
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF PERRY,
LOCATED IN SECTION 2, TOWNSHIP 2, RANGE 19, UNTTED STATES MII.TTARY LANDS,
BEING ACROSS THAT 2.123 ACRE TRACT AS CONVEYED TO THOMAS R. SABATINO AND
BARBARA L. SABATINO BY DEED OF RECORD IN OFFICIAL RECORD 15799F08 (ALL
REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY,
OHIO) AND BEING DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT THE CENTERLINE II4TERSECTION OF SUMMIT VIEW
ROAD, WTI4I CLUB ROAD OF RECORD IN PLAT BOOK 2Q PAGE 4;
THENCE SOU'I'A 87° 25' 17" EAST, WITH THIi CENTERLINE OF SAID SUMMTT VIEW ROAD, A
DISTANCE OF 31.67 FEET TO A COMMON CORNER OF SAID 2.123 ACRE TRACT AND THAT
2.513 ACRE TRACT AS CONVEYED TO KENNETH A. DAMS BY DEED OF RECORD IN
INSTRUMENT NUMBER 1999911020275751;
THENCE SOUTH 02° 34' 43" WEST, Wl'ITi THE LINE COMMON TO SAID 2.513 AND 2.123 ACRE
TRACTS, ACROSS THE RIGHT-OF-WAY OF SAID SUMMIT VIEW ROAD, A DISTANCE OF
30.00 FEET TO A POINT IN THE SOUTIINRLY RIGHT-OF-WAY LINE OF SAID SUMMIT VIEW
ROAD, BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 87° 25' 17" EAST, WL1'H THE SOU'T'HERLY RIGHT-OF-WAY LINE OF SAID
SIJMMI"I' VIEW ROAD, A DISTANCE OF 20.00 FEET TO A POA]T;
THENCE SOUTH 02° 34' 43" WEST, ACROSS SAID 2.123 ACRE TRACT, A DISTANCE OF 20.06
FEET TO A POINT;
THENCE NORTH 87° 25' 17" WEST, CONTINUING ACROSS SAID 2.123 ACRE TRACT, A
DISTANCE OF 20.00 FEET TO A POINT IN THE LINE COMMON TO SAID 2.123 AND 2.513
ACRE TRACTS;
THENCE NORTH 02° 34' 43" EAST, WITH THE LINE COMMON TO SAID 2.123 AND 2.513 ACRE
TRACTS,. A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING, AND
CONTAINING O.QQAVKCR'BOF LAND, MORE OR LESS.
` ~EOF
EVANS, ME,{sRT;'~~9N, & TII.TON, INC.
~. ;~ HEATHER '=,; * =i
IN °
i'~qq''~..~p~ . ~ - g/5/A9
HEATHER ~.~Rl[KYG,°.~a'c:',A o
HLK: TB/NNE 25, 2006
0_009 AC &1570 (1)
TEMPORARY CONSTRUCTION EASEMENT
0.119 ACRE
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF PERRY,
LOCATED IN SECTION 2, TOWNSHIP 2, RANGE 19, UNITED STATES MII-ITARY LANDS,
BEING ACROSS THAT 2.123 ACRE TRACT AS CONVEYED TO THOMAS R. SABATINO AND
BARBARA L. SABATINO BY DEED OF RECORD IN OFFICIAL RECORD 15799F08 (ALL
REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY,
OHIO) AND BEIIvTG DESCRIBED AS FOLLOWS:
BEGIlVNING, FOR REFERENCE, AT THE CENTERLINE INTERSECTION OF SUMMIT VIEW
ROAD, WITH CLUB ROAD OF RECORD IN PLAT BOOK 20, PAGE 4;
THENCE SOUTH 87° 25' 17" EAST, WITH THE CENTERLINE OF SAID SUMMIT VIEW ROAD, A
DISTANCE OF 31.67 FEET TO A COMMON CORNER OF SAID 2.123 ACRE TRACT AND THAT
2.513 ACRE TRACT AS CONVEYED TO KENNETH A. DAMS BY DEED OF RECORD IN
INSTRUMENT NUMBER 1999911020275751;
THENCE SOUTH 02° 34' 43" WEST, WITH THE LINE COMMON TO SAID 2.513 AND 2.123 ACRE
TRACTS, ACROSS THE RIGHT-OF-WAY OF SAID SUMMIT VIEW ROAD, A DISTANCE OF
30.00 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SUMMIT VIEW
ROAD TO A POIlVT;
THENCE SOUTH 87° 25' 17" EAST, WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
SUMMIT VIEW ROAD, A DISTANCE OF 20.00 FEET TO A POINT, BEING THE TRUE POIlVT OF
BEGINNING;
THENCE SOUTH 87° 25' IT' EAST, CONTINUING WITH THE SOUTHERLY RIGHT-OF-WAY
LII.TE OF SAID SUMMIT VIEW ROAD, A DISTANCE OF 50.00 FEET TO A POINT;
THENCE SOUTH 02° 34' 43" WEST, ACROSS SAID 2.123 ACRE TRACE, A DIBTANCE OF 80.00
FEET TO A POINT;
THENCE NORTH 87° 25' 17" WEST, CONTINUING ACROSS SAID 2.123 ACRE TRACT, A
DISTANCE OF 70.00 FEET TO A POA1T IN THE LINE COMMON TO SAID 2.123 AND 2.513
ACRE TRACTS;
THENCE NORTH 02° 34' 43" EAST, WITH SAID COMMON LINE, A DISTANCE OF 60.00 FEET
TO A POINT;
THENCE SOUTH 87° 25' 17" EAST, ACROSS SAID 2.123 ACRE TRACT, A DISTANCE OF 20.00
FEET TO A POINT;
THENCE NORTH 02° 34' 43" EAST, CONTINUING ACROSS SAID 2.123 ACRE TRACT, A
DISTANCE OF 20.00 FEET TO THE TRUE POIlVT OF BEGINNING, AND CONTAINING O.ri9
ACRE.OF LAND, MORE OR LESS.
& TII,TON, INC.
g~isas
HLK: TB/NNE 25, 2008
0 t 19 AC 80570
STORM SEWER AND TEMPORARY CONSTRUCTION EASEMENTS
SECTION 2, TOWNSHIP 2, RANGE 19
nbletonaTAton. lnc. UNITED STATES MILITARY LANDS
• Planners • Scientists
caWm~ sots ~a TOWNSHIP OF PERRY, COUNTY OF FRANKLIN, STATE OF OHIO
/p
~'
K. ALAN CHIL'COTE
1.367 AC.
I.N. 200706080100714
R/W
S8775'1
`~ SUMMIT VIEW R0.8D
STORM SEWER
EASEMENT
0.009 AC. _____. ..
RAW --__...~_
KENNETH A. DAVIS
2.513 AC.
I.N. 199911020275757
30' 0 30' 60'
GRAPHIC SCALE
(lN FEET)
V
0
0
o° ro
TEMPORARY 3
Wt CONSTRUCTION :
h EASEMENT ~
//%i~%/%/%/ ~N
N8725')7"W 70.00'
THOMAS R. SABATINO AND
BARBARA L. SABA 71N0
2.123 AC.
O.R. )5799F08
~) S8T25'll"E
20.00'
®S02'34'43"W
20.00'
0 N87'25'17"W
20.00'
® N0234'43"E
20.00'
Date: June 25, 2008
Scate: 1"= 30'
Job No: 2008-0670
.. ,,`".PSUnnn,,,.,
KING -
`- P~;. S- 307
~ ' RFC - <
ey - 6 ..
Prolessional Surveyor"~lo. 8307
ver and Temporary Easements / 2008-0570