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Home My WebLink About74-08 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 r Bye ~S- ~,..~ .~,.., Its: C/T~/ {1~A,11f?GE/Z iH~~~~+ 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 My 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. otazy public M n expires ~` LlNDA LIC ~rPwwc•smaatialo s ° MYCumda¢onE~iQtMy142009 1tf CF °a` 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. qqK.E OFpp EVANS, MEC~$~lit4;Y~T.47C381~,T'ON, & TILTON, INC. ~.:' HEATHER ';~ i -' 'P - ~/s/R~ HEATHER L~ /,." 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