HomeMy WebLinkAboutOrdinance 33-13RECORD OF ORDINANCES
Dayton Legal Bla In,.
e No.
33 -13
Form No. 30043
Passed . 20,
AN ORDINANCE APPROVING THE PARTIAL RELEASE
OF A STORM SEWER EASEMENT GRANTED TO THE
CITY OF DUBLIN AS PART OF THE DEVELOPMENT OF
THE DUBLIN VILLAGE RETAIL CENTER
WHEREAS, Stavroff Interests, Ltd. is the current owner of the Dublin Village
Retail Center and as part of refinancing, their title agency requested a partial
release of a recorded storm sewer easement; and
WHEREAS, the original easement covered both a detention basin area and
storm sewer pipes; and
WHEREAS, prior to the completion of construction of the Dublin Village Retail
Center, the final location of the detention basin serving the site was
undetermined; and
WHEREAS, one of the areas that was reserved for a basin was in the current
location of the AMC Movie Theater building; and
WHEREAS, the Dublin Village Center's storm water needs were adequately
handled without the use of this detention basin; therefore, the portion of the
easement over the storm sewer basin is not needed; and
WHEREAS, the partial release of this easement would correct the public
records and be in the best interest of the City, Stavroff and subsequent
purchasers of Dublin Village Center.
NOW, THEREF E, BE IT ORDAINED 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 to execute all necessary
conveyance documentation to partially release an easement in a form
substantially similar to the one attached hereto as Exhibit "A."
Section 2. This Ordinance shall take effect and be in force from and after
the earliest date permitted by law.
Passed this day of , 2013.
Officer Awl
179,14
n all M= .A ,
ding
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 -4490
Memo
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager`l��
Date: April 18, 2013
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Philip Hartmann, Ice Miller, LLC
Re: Ordinance 33 -13 — Approving the Partial Release of a Storm Sewer Easement
Granted to the City of Dublin as Part of the Development of the Dublin Village
Retail Center
Summary
Stavroff Interests, Ltd. is the current owner of the Dublin Village Retail Center. As part of
refinancing, their title agency requested a partial release of a recorded storm sewer easement. The
original easement covers both a detention basin area and storm sewer pipes.
Before the Dublin Village Retail Center was fully constructed, the final location of the detention
basin serving the site was undetermined. One of the areas that was reserved for a basin was in
the location where the AMC Movie Theater building now sits. In the end, the Dublin Village
Center's storm water needs were served with a detention basin located just south and west of the
Charles Penzone building on the west side of Village Parkway.
Therefore, the portion of the storm sewer easement for the detention area, which coincides with
the movie theater site, is no longer necessary. The title company working with Stavroff Interests,
Ltd. would like the easement over this area removed. The attached documentation includes a copy
of the original easement, documentation to execute the partial release and a location map showing
the original and final locations of the detention basin.
Recommendation
Staff recommends Council approval of Ordinance 33 -13 at the second reading /public hearing on
May 6, 2013, authorizing the City Manager to execute the necessary documents to allow the partial
release of a storm sewer easement granted to the City of Dublin as part of the development of the
Dublin Village Retail Center.
Ordinance 33 -13
Ici of Dublin Location Map
PARTIAL TERMINATION OF EASEMENT
THIS PARTIAL TERMINATION OF EASEMENT ("Termination ") is made this
day of April, 2013 by the CITY OF DUBLIN, an Ohio municipal corporation ( "Dublin ").
BACKGROUND INFORMATION
A. On December 11, 1990, Continental Sawmill Limited Partnership, an Ohio
limited partnership, executed and delivered to Dublin a certain Storm Sewer Easement
( "Easement ").
B. The purpose of the Easement was to provide for a storm sewer and a detention
basin on property owned by Continental Sawmill Limited Partnership.
C. The Easement is of record in Official Record Volume 16300, Page J -14,
Recorder's Office, Franklin County, Ohio.
D. Subsequent to the grant of the Easement, the proposed detention basin location
was changed and the area covered by the Easement for such purpose no longer applied.
Specifically, the description of the area for the detention basin which is area no. 2 in the
Easement is attached to this Easement, marked Exhibit A and made a part hereof. In addition,
the location of the detention basin description is set forth on Exhibit B attached hereto and made
a part hereof.
E. Dublin has agreed to terminate that portion of the Easement that applies to the
detention basin.
STATEMENT OF TERMINATION
1. That portion of the Easement described as area no. 2 and also described on
Exhibit A and shown on Exhibit B no longer applies and, therefore, is terminated and of no
further force or effect.
2. The storm sewer easement portion, however, which is labeled and designated as
area no. 1 remains and continues as an easement in accordance with the terms and provisions set
forth in the Easement.
This Termination has been executed and delivered as of the day and year first above
written.
CITY OF DUBLIN
STATE OF OHIO )
)SS:
COUNTY OF FRANKLIN )
M
Name:
Title:
The foregoing instrument was acknowledged before me this day of April, 2413, by
City of Dublin.
Notary Public
7121383 _1 117438.0004
2
EXHIBIT A
Situated in the State of Ohio, County of Franklin, City of Dublin, being in Quarter
Township 2, Township 2 North, Range 19 West, United States Military Lands:
Area No. 2
Being a 1.789 acre area of land, more or less, said 1.789 acre area of land being more
particularly described as follows:
Beginning, for reference, at the true point of beginning of the hereinabove described
AREA NO. 1; thence S-2'34'01 "W, with the westerly line of said 36.409 acre tract and with the
easterly line of said 26.267 acre tract, a distance of 898.95 feet to the true point of beginning of
said AREA NO. 2, the same being located N -2 °34'01 "E, a distance of 28.67 feet from the
southwesterly corner of said 36.409 acre tract;
Thence, from said true point of beginning of said AREA NO. 2, N. -56 °15'18 "E, a
distance of 37.23 feet to a point;
Thence N -2 °34'01 "E, parallel with and 30.00 feet easterly from, as measured at right
angles, the westerly line of said 36.409 acre tract, a distance of 352.32 feet to a point;
Thence S -87 °25'59 "E, a distance of 109.50 feet to a point;
Thence N -2 °34'01 "E, parallel with and 139.50 feet easterly from, as measured at right
angles, the westerly line of said 36.409 acre tract, a distance of 15.00 feet to a point in the
southerly line of that 1.711 acre tract of land described in Exhibit "A" in the deed to Gioffre
Venture, of record in Official Record 16097A07, Recorder's Office, Franklin County, Ohio;
Thence S -87 °25'59 "E, with the southerly line of said 1.711 acre tract, a distance of 15.00
feet to a point;
Thence S -2 °34'01 "W, parallel with and 154.50 feet easterly from, as measured at right
angles, the westerly line of said 36.409 acre tract, a distance of 15.00 feet to a point;
Thence S -87 °25'59 "E, parallel with and 15.00 feet southerly from, as measured at right
angles, the southerly line of said 1.711 acre tract, a distance of 99.79 feet to a point;
Thence S -2 °30'31 "W, a distance of 339.88 feet to a point;
Thence N -88 °08'46 "W, a distance of 185.53 feet to a point;
Thence S -56 °15'18 "W, a distance of 85.79 feet to a point in the westerly line of said
36.409 acre tract, the same being in the easterly line of said 26.267 acre tract;
Thence N -2 °34'01 "E, with the westerly line of said 36.409 acre tract and with the easterly
line of said 26.267 acre tract, a distance of 18.61 feet to the true point of beginning of said
AREA NO.2 and containing 1.789 acres of land, more or less.
7121472 _1 117438.0004
2
EXHIBIT B
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STORx SEWER EABOWT MANS
KNOW ALL !!8N BY TIME PRESENTS, That COlR NZWTAL SAWKILL
L=xT= namaAM, an Ohio limited partnership (hereinafter
NGrantorv) in consideration of One Dollar (81.00) and other good
and valuable consideration paid by the CITT of DDBLIR, an Ohio
municipal corporation, receipt of which is hereby acknowledged,
does hereby, for itself, its successors and assigns, Grant and
Convey to the City of Dublin, its successors and assigns
(hereinafter "Grantee"') forever, the non- exclusive right and
easement to construct, install, operate, repair, replace,
relocate, inspect and maintain storm sewer line(s), and storm
water detension basin together with all appurtenances incidental
thereto and the right of ingress and egress at all reasonable
times for the purposes aforesaid, on, c through, under and
across the property of the Grantor, located in the City of Dublin,
Franklin County and State of Ohio, and being two (2) fifteen (15)
foot wide easement areas and a certain 1.789 acre, more or less,
area more fully described in Exhibits ' and N which art_
attached hereto and made a part hereof as if fully rewritten
herein.
To have and to hold said easements, with all of the
privileges and appurtenances thereto belonging, to said Grantee,
forever.
The Grantee shall have the right of ingress to and egress
from the site occupied or to be occupied by said line(s), basin,
and appurtenances, and the right to do any and all things
necessary, proper or incidental to the successful operation and
maintenance thereof. The Grantor and its successors and assiqns
shall have the right to use the easement for purposes not
inconsistent with the Grantee *s full enjoyment of the rights
herein ;.ranted including, but not limited to, the right to cross
the easament area with sanitary water lines, and other utility
lines, whether public or private, and for surface parking of
vehicles.
r The consideration herein mentioned ;includes total compensa-
tion for the grant of the easements and for all damage caused by
construction, installation, operation, repair, replacement,
relocation, inspection and maintenance within the aforesaid
easement areas, provided, however, that the Grantee shall promptly
restore all property, including paving material, fences, trees,
landscaping and shrubbery, except buildings or other structures,
(� within the l.ermanent easement, to its original .conditign insofar
g , as practicable, after entering upon said premises for any of the
purposes herein set forth, including construction, repair,
= maintenance, replacement, relocation, operation, inspection and
p maintenance of all facilities and improvements of the Grantee
within the easement areas.
LL
c Grantor, for itself, its successors and assigns, covenants
r y s witih the Grantee that it is lawfully seized of the premises and
thit it will forever v J r' against all claims of warrant l persons whoemsoever ame unto the Grantee
S
•
Prior Instrument References: Official Records Volume
r
06439F20 and 16097A07.
r
a
coro;reraNCE nx TRANSFERRED RECEIVED
EXEMP NOT NECK
• DEC 28 10 DEC 12195
!. PALMER q. M EM. ENGIi G ts;,:,.UII�IG
FhtMER C. M O�LrBUN, oHiA
cxw�ry u�xros
Cor"Cineutal Sawmill
Limited Partnsrslcip
storm Sewer Basement
page 2
IN wITNSSS iILEMF, the Grantor has hereunto executed this
Baaament this /= day of December, 1990.
Signed and acknowledged
in the presence of:
CONTIUMMAL SAWN= LINITBD
PARTNERSHIP, an Ohio limited
partnership
By: Continental Sawmill, Inc.,
an Mic corporat on,
Nana 1 Ge Partner
ar; /
ve We President
By=
General Partner
COU"Y OF FRANKLIN
SS.
The foregoing instrument was acknowledged before me this 4
day of December, 1990, by Harlan S. Friedman, both as General
Partner and as Executive Vice President of Continental Sawmill,
Inc., an Ohio corporation, Nanaging General Partner of Continental
Sawmill Limited Partnership, an Ohio limited partnership, for and
on behalf of said limited partnership. n _
Notary Public
cum r. MYM
Nowt' Pwft so" of oMo
FU MC DATE - 17
RMOM VOL 1 6ee4l PACE
JOSEPH W. TESTA
. MOOROM
FMMKL M COUNTY. OH10
This instrum .: prepared by: William F. Simpson, Esq.
Schcttenstein, Zox & Dunn
A Legal Prcfevaicnal Association
41 South high Street, Suite 2600
Columbus, Ohio 43215
t
—2—
_ it
W E M -041 ra
To
TIM STM SM E LSRMT
FM
CONTID ERR 3AMULL LIMTED PARSIUMMP
TO CITY of MIUN
90190400
November 21, 1990
II6N 1lTZON OP TNO (2) ?a0lwso - I M a 821y2R
RRaUMM Ada OF IM LOCMM M '!'ai Np'!'iBLY
S= OF VZUA= pMMW (YGONULT FZDRItA M sovLt{ =)
AND am= OF 20LUM FARO, IM am cm OF Dun=
COOK I W IRUWA= sum OF =20
aituatad is the State of Ohio, Couutp of 7r City o f
OnblLa, ip T MM Range 19
Mast, 1yltitaQ ts tM (3)) areas of land
In that =6.409 Sara tract of land described in tba dead to
Caatinental Savnili Liaited 8artaarship, of record in Of fitUd
Reooed 06439720, said 36.409 acre treat of land being in Lot 2
as tke sans is nudwred and delineated I the recorded plat of
the Lands of caauncy Mo0urar, of record is tLt Book 12, Page
27, both beiaq of record in the asoorder's Office, Franklin
COMLI, Ohio.
ARIA NO. 1
Being a strip of land fifteen feet in width and containing
0.194 acre area of land, acre or less, said 0.194 acre area of
land beinq More Particularly described as followit
&MIMing, for reference, at the waterline irKersoation of
Federated Boulevard (acv kwn as Village Parkway by Motion
WMIM UIr Passed by City Ccsncil, city of Dalift Ohio, an
August 1 1986) and Tall►tr Road, as said intersaotion is
dewignated and delineated upon the recorded plat of Dublin
Village Cantar (Dedication of Federated Boulevard, Dublin center
Drive, Tuilar Road Sad 2ssemants), of record in plat soak 63,
Pages 27 and 22, Recosdarla office, Franklin County, Was
thence 2- 93 with the waterline of said Taller Road, a
distance of 30.21 feet to the point of intersection of the
vae+tftrl rig2 ug -gray 1.'. of said Village Parkway and the
car, - eritae z•° said roads thane 2- 2.36 "9, wit-Ii a
vsstarly right- rf-%al line of said viilaga Parkway and $As sane
sxtanAed scu'*"rdly, a distance of 857.23 test to the
northwest u1�7 corner of said 36.409 acre treat,• the saga being
the nertbaa,sterly comer of that tract of land (26.247 acres of
land, Mara or lass, according to a survey by ssuar, Davidson a
Merchant Inc.) desaribad in the deed to Jack E Vogel, or record
in Offic�al Record 00041010, Rscorder's Officee lranklin Canty,
Ohioy theaw 8- 2 with the Wester line of said 36.409
acre tract and with the easterly line of said 26.267 acre tract,
a distance of 167.20 feet to the true point of begirmingt
Thencs, Eras said true point of beginning, 6- 74 *2, a
distance of 148.21 feet to a pointy
Thence Its -46 0 10 *2, a distarsos of 6.84 feet to a point in
a scuthvesterly right- of-vay line of said Village parkways
Thence 8- 44*33 With a southWasterly right-Of-Way line
of said Village Parkway, a distance of 15.00 foot to a pointy
Thom 5 - 45.24 a distance of 8.24 feet to a pointy
Thence 5- 2 parallel with and 134.50 Zest easterly
frog, as aassured at right angles, the wosts line of said
36.409 acre tract, a distance of 198.56 loot to a pointy
FA+f 1 OP 3 PRA88
90190405 1 6300 1 1 7 Rantaaber 21, 1990
MCRIP 1O1i 0t NO (2) PROPOW Sim 8kklISR (Gated)
I �
Thence N-45"24 a dl :"=M of 153.84 feet to a point
in a southwasteriy right -of -ray line of said Village Parkway;
Thence 8- 44 0 8, with a southwesterly right -of -gray line
of said Village Parkway, a distance of 13.00 feet to a point;
Thence 8- 45 a distance of 170.02 feet to a pour
Thence 8- 2 parallel with and 154.50 easterly frog,
as asasured at right angles, the westerly line of said 36.409
acre treat, a distance of 21.55 lest to a point in the northerly
line of that 1.711 acre tract of land described in Rxhibit all%
in the dead to GUM* Ventura, of record in Official Record
16097107, Recorder's Office, Franklin County, Ohio;
;
Thence 19-87 with the northerly line of said 1.711
acre tract, a distance of 15.00 feet to a point;
Thence N - 2 paral with and 139.50 feat easterly
from, as measured at right angles, the westerly line of said
36.409 acre tract, a distance of 239.14 feet to a point;
I
Thence N- 74 a distance of 143.13 feet to a point
l
in the westerly line of said 36.409 acre tract, the same being
I
in the easterly line of said 26.267 acre tractr
i
Thence N- 2 *2, with the westerly line of said 36.409
acre tract and with the easterly line of said 26.267 acre tract,
a distance of 15.39 feet to the true point of beginning and
containing a 0.194 acre area of land, were or less.
UREA NO. 2
I
Being a 1.789 acre area of land, nor* or less, said 1.799
acre area of land being more particularly described as follows:
t
Beginning, for reference, at the true point of beginning of
hersinabove 0 34 1 01 "il,
I
'
the described AREA N0. 1; thence 8 -2 with
the westerly line of said 36.409 acre tract and with the
easterly amine of said 26.267 more tract, a distance of 898.95
feet to the true point of beginning of said AREA NO. 2, the same
being locatad N- 2 0 E, a distance of 28.67 feet from the
southo;ewterly corner of said 36.409 acre tract;
..wane, from said true point of beginning of said ARE. NO.
2, 1i- 56 "E, a distance of 37.23 feet to a point;
Thence N- 2 0 E, parallel with and 30.00 feet easterly
from, as measured at right angles, the westerly line of said
36.409 acre tract, a distance of 352.32 feet to a points
1
Thence 8 -87 11 25 0 59 0 1, a distance of 109.50 fact to a point;
Thence N- 2 0 2, parallel with and 139.50 fast easterly
from, as measured at right angles, the westerly line of said
36.409 acre treat, a distance of 15.00 feet to a point it the
;
southerly line of that 1.711 acre tract of land described in
Exhibit "A" in the deed to Gioffre Venture, of record in
Official Record 16097AO7, Recorder's office, Franklin county,
Ohio;
Thence 8- 87 "E, with the southerly line of said 1.711
acre tract, a distance of 15.00 feet to a point;
PAGS 2 OF 3 PAGAS
•
•
i
li
1,6-30-Od 18 mar 21, 1990
90180405
1' r (W To (2) 81D= (00"'e)
shan!oa With and 134.90 feet easterly
tree, as messu"A at right angles, the Masterly line of said
36.409 acre tract, a distance of 23. feet to a point;
shenw 0- 87 parallel Mith and 13.00 feat southerly
sa measured at right angles, the southerly line of said
1.711 acre tract, a distance of 99.79 feet to a points
thence 0- 2.30 a distance of 339.99 fast to a point:
"LOW* V- 89 a distance of 199.53 feet to a point;
8- 96'19'18'11, a distance of 85.79 fast to a nt in
the Westerly lino of sad 26.969 acre treat, the S UMS be eig in
na s
the easterly Ti
Thence 11- 2'34 with the Westerly lino of said 36.409
acre treat and with the sestarly lice of said 20.267 acme tract,
a distance of 18.61 feat to the true ,point of b6ginnin4 of said
AM Ito. 2 and aontainin -1.7ag acres of land, acre or lass.
-FUN
For the purpose of constructing, mein and saintaining
store sews and a store Water detention basin in any part of
the hereinabove fesaribed two (2) areas of land inc luding the
right to clean, repair and case for said storm right an access
storm water detention basin, together
to said two (2) areas f--w said purpose.
Q
PAO 3 of 3 PAGXB
EMBIT "B"
70
THE STORY SSNBB EASEMENT
PBOM
CONTINENTAL SAWMILL LIMITED PARTNERSHIP
70 CITY OF DUBLIN
(storm ea ter 2aoemsnt Area)
r I PON 1 1 �4"! 1N<Ol088D lZFll'2511 FM 11208
!'1'QN1R tOaQRR mil or Ii111D 1000ND Can am
1 1 0 9 " IM OF VZLtM PAYANU SM BOOTS OF
'1 OUM ilDiiD, YN = CZW OF I U IL=N,
Comm CW FRMIKLIN, an= 01r =10
situated in the itat* at ahio, Carmty of Pranklin, City Of
Dublin, beisg in +�lartsr Towashig 2, Township 2 North, Hang* 19
Ma
Hest, 9Aited ttes AilltUT Lade, balm a *trip at land
!Blades feet in width, in that 36.409 soar* treat of lead
described in the dead to Cca?t @awl" United
i tzaott at of 14W=d land being In t 2 s th e enat I s o and
delineated upon the recorded plat of the Lands of Chauncey
N0 o! seoOard in plat soon 12, 27, both being of
'*sera �n the R000rd*r'e Ohio*, in County, Ohio, the
centerline of said tiftesn loot wise Strip of land being
described as follawsa
eaAwAr
V, for t*levence, at the centerline intersection of
Federated Boulevard (now known as Village parkway by notion
unanimously passed by City Council, City of Dublin, Ohio, an
August 1, 1988) and Taller Road, as said intersection is
designated and delineated upon the reaoaded plat of Dublin
village Canter (Dedication of Federated loulevvd, Dublin Center
Drive, fuller Road and saseaents), of record in plat Book 65,
Pages 27 and 78, Recorder's Office, Franklin County, chior
thence 8- 8 with the centerline of said fuller ]load, a
distance of 30.21 feet to the point of of the
westerly right- of-ray 11ae of said Village parkway and the
centerline of said Taller Roadr thence 8- 2 "N, with a
westerly right- ot-way line of said Village Perrkwy, a distance
of 736.49 feet to a point of cervatnrer thence southwardly, with
a westerly right- of-way lire of said Village Parkway, the sane
being the arc Of a curve to the left having t radtus of 361.19
feet, a central angle of 47 and a chord that bears
8 - 20.59 a * dis at 289.24 teat to a point of
angencyl -
ling of said Village 394 403 Pa 50MO O , ith distance o�o - -27
to a�
pointy thence 8- 48.34 a distance of 70.00 feet to a point
of carvaturer theme westwardly, with the era of a curve to the
right having a radius of 100.00 toe!, a central angle at
47.09 and a chord that bean 8- 68 4 10, a chord distance
of 80.01 tee! to a point of tangency? thence N- 87.25 0 N, a
distance at 70.01 toot to the true point of beginning?
fhenoa, from said true paint of beginning, e- 2'34 "w, a
distance of 223.00 feet to the point of andU*.
For the of cossatzuating a storm serer, appurtewmt
works and tri =oonwectiang in any past of the hereinabove
do bad fifteen foot wide strip of land, iraluding the riot
to oleea, repair Ond wire for said sewer, together with she
r,W.t at access to Bela strip for said purpose.
as rijbt to, "f ma der arp tD* pa tr of
llatiOA
the arm hods Ur 'tvD edditiow of ann ata'lw at 2"
mibets" •Geld goaR U vlab, psarliilsl with soeG for to
OVA a>'ans" an anti ". eestesy and, westwir .3iml.s of t *
. bdora4lla�rs daomrt�i �eseort aaaeoelat�