74-08 ResolutionRECORD OF RESOLUTIONS
74-08
Re.rnlution No.
Parsed , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT AND RECEIVE A 0.009 ACRE, MORE OR LESS,
STORM SEWER EASEMENT, DONATED BY KENNETH A.
DAVIS, 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 Kenneth A. Davis 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 Kenneth A. Davis to execute a Grant of Storm
Sewer Easement to the City of Dublin without consideration or compensation being
paid to them; and
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 Kenneth A. Davis.
Section 2: This resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this ~ day of _ j~~~~~, 2008.
Mayor -Presiding Officer
Attest:
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 ~ ~ ~ ~~~
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
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 74-08 -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 STORM SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS that KENNETH A. DAMS, ("Grantor"),
whose tax mailing address is 4545 Summit View Road, Dublin, Ohio 43016, for and in
consideration of One Dollaz ($1.00) and other valuable considerations paid by the CITY OF
DUBLIN, OHIO, an Ohio municipal corporation ("Grantee"), receipt of which is hereby
acknowledged, hereby grants to Grantee, its successors and assigns forever, a perpetual storm
sewer easement for a storm sewer tine in, through, over and under that portion of the property
located on 4545 Summit View Road, City of Dublin, County of Franklin, State of Ohio, and
known as Franklin County Auditors' Tax Parcel ID Number 273-008790-00 (the "Property"),
such portion being legally described and depicted on Exhibit "A", which exhibit is attached
hereto and made a part hereof, together with the right to Grantee and its employees, agents,
independent contractors, and successors and assigns, (i) of ingress and egress over the Property
for access to the easement granted herein; (ii) to construct underground lines, conduits, valves,
regulators and all other appurtenances (collectively "Facilities"}; and (iii) to add to, operate,
maintain, repair, replace, remove or relocate any Facilities.
Grantee, as soon as practicable a$er 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 fonner 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, KENNTH A. DA S and Grantee, CITY OF
DUBLIN, OHIO, have hereunto set their hands this ~ day of "' 2008.
GRANTOR:
KENNETH A. DAMS,
~~.~
GRANTEE:
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
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Its: C/T~/ {1~A,11f?GE/Z
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STATE OF OHIO
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this ~ day ot<~~,'~j2b08, before me, the
subscriber, a Notary Public in and for said county and state, personally came
------"- , the -of KENNETH A. DAMS, Grantor, who
acknowledged the signing thereof tc 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.
lazy public
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STATE OF OH[O
COUNTY OF FRANKLIN, SS:
JOAN R. CHAP
NoWyPu6Ye~tl1W
MY~ t2-14f0
BE IT REMEMBERED, that on this a.3 day of 2008, before me, the
subscriber, a Notazy Public in and for said county and state, per ally camp the_trI'1;Y OF
D LIN OHIO, an Ohio municipal corporation, by: v r yt~:
who acknowledged the signing thereof to be he a act and deed rand on
beh of sai municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official sea! on the day and yeaz last aforesaid.
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This Instrument Prepared By:
Schottenstein, Zox & Dunn
A Legal Professional Association
250 West Street
Columbus, Ohio 4321 S
jH130'l0622F
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that KENNETH A. DAMS ("Grantor"),
whose tax mailing address is 4545 Summit View Road, Dublin, Ohio 43016, for One Dollar ($1.00)
and other good and valuable consideration, the receipt of which is hereby acknowledged, paid 6y the
CITY OF DUBLIN, OHIO, an Ohio municipal corporation ("Grnntee"), 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 storm sewer tine and other construction
for the property located on 4545 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 shalt 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 law
and City policy, for all claims, expenses, damages and liabilities 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 injury 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 shalt be done at Grantee's sole
cost and expense.
4. This temporary construction easement shall terminate within six months from the date
ofexecution of the easement or when the Project is completed and accepted by Grantee, whichever is
earlier.
5. The Grantor hereby wvenant 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.
{H130]9242 ~
IN WITNESS WHEREOF, the Grantor and Grantee ~}ave cause th' r of Temporary
Construction Easement to be executed and subscribed this t t day of~~~~Z~~ 2008.
GRANTOR:
KENNETH A: DAMS
GRANTEE:
CITY OF DUBLIN
STATE OF OHIO
COUNTY OF FRANKLIlV, ss:
Its: C i TY rrIA~E2
BE IT REMEMBERED, that on the ~) ~h day of ~ .° (~ , 2008, before
me, the subscribed, a Notary Public in and for said County, personally came the above named
Kenneth A. Davis, 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 yeaz last aforesaid.
~iamsza.z F
2
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the ~ day of 2008, before
me, the subscribed, a Notary Public in and for said Coun ,pets Wally came the above named City of
Dublin, by Jane Brautigam, its City Manager, Grantee, in the foregoing Grant of Temporary
Construction Easement, and acknowledged the signing 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 WHEREOF, I have hereto subscribed my name and affixed my official seat, on
the day and year last aforesaid.
LINDA L SUCK
NotaryPab9o-Sh&~OMo
Aly Camntbsion Expires Nay 19, 2009
This Instrument Prepared By:
SCHOTTENSTEIN, ZOX & DUNK
A Lega! Professional Association
250 West Street
Columbus, Ohio 4321 S
(H13tl7924.2~
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, UNI'T'ED STATES MILITARY 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 INTERSECTION OF SUMMIT VIEW
ROAD, WITH CLUB ROAD OF RECORD IN PLAT BOOK 2Q 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 SUMMTT VIEW ROAD, A DISTANCE OF
30.00 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SUMMIT VIEW
ROAD, BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 87° 2S 17" EAST, WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
SUMMTT VIEW ROAD, A DISTANCE OF 20.00 FEET TO A POINT;
THENCE SOUTH 02° 34' 43" WEST, ACROSS SAID 2.123 ACRE TRACT, A DISTANCE OF 20.00
FEET TO A POINT;
THENCE NORTH 87° 2Y 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 0.009 ACRE OF LAND, MORE OR LESS.
'II,TON, INC.
~/S/~i
HLC: TBOUNE 2S, 2008
0009 AC B05/0(p
TEMPORARY CONSTRUCTION EASEMENT
0.060 ACRE
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF PERRY,
LOCATED IN SECTION 2, TOWNSHIP 2, RANGE 19, UNTTED STATES MB,TTARY LANDS,
BEING ACROSS THAT 2.513 ACRE TRACT AS CONVEYED TO KENNETH A. DAMS BY DEED
OF RECORD IN INSTRUMENT NUMBER 199911020275751 (ALL REFERENCES REFER TO THE
RECORDS OF TT-IE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING
DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT TT-IE CENTERLINE INTERSECTION OF SUMMIT VIEW
ROAD WITH CLUB ROAD OF RECORD IN PLAT BOOK 20, PAGE 4;
THENCE SOUTH 87° 25' I T' EAST, WITH THE CENTERLINE OF SAID SUMMIT VIEW ROAD, A
DISTANCE OF 31.67 FEET TO A COMMON CORNER OF SAID 2.513 ACRE TRACT AND THAT
2.123 ACRE TRACT AS CONVEYED TO THOMAS R SABATINO AND BARBARA L. SABATINO
BY DEED OF RECORD IN OFFICIAL RECORD 15799F08;
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 SUMMTT VIEW ROAD, A DISTANCE OF
30.00 FEET TO A POINT IN TfiE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SUMMIT VIEW
ROAD;
THENCE SOUTH 02° 34' 43" WEST, CONI7UING WITH THE LINE COMMON TO SAID 2.513
AND 2.123 ACRE TRACT, A DISTANCE OF 20.00 FEET TO A POINT, BEING THE TRUE POIlVT
OF BEGINNING;
THENCE SOUTH 02° 34' 43" WEST, WITH SAID COMMON LINE, A DISTANCE OF 20.00 FEET
TO A POINT;
THENCE ACROSS SAID 2.513 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 87° 2T 17" WEST, A DISTANCE OF 50.00 FEET TO A POINT;
NORTH 02° 34' 43" EAST, A DISTANCE OF 20.00 FEET TO A POINT;
NORTH 87° 25' 17" WEST, A DISTANCE OF 50.00 FEET TO A POINT; AND
NORTH 02° 34' 43" EAST, A DISTANCE OF 20.00 FEET TO A POINT IN THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID SUMMTT VIEW ROAD;
1T-IENCE SOU1T-I 87° 25' 17" EAST, WTTII T'HE SOUTHERLY RIGHT-0F-WAY LINE OF SAID
SUMMTT VIEW ROAD, A DISTANCE OF 80.00 FEET TO A POINT;
TIiENCE SOUTH 02° 34' 43" WEST, ACROSS SAID 2.513 ACRE TRACT, A DISTANCE OF 20.00
FEET TO A POINT;
THENCE SOUTH 87° 25' 17" EAST, CONTINUING ACROSS SAID 2.513 ACRE TRACT, A
DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING, AND CONTAINING 0.060
ACRE OF LAND, Iv[ORBI7R~LFySS.
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