HomeMy WebLinkAboutOrdinance 57-13RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 3004
57 -13
Ordinance No.
Passed .20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY CONVEYANCE DOCUMENTATION
TO ACCEPT THE DEDICATION OF 1.330 ACRES, MORE OR
LESS, 40 -FOOT WIDE PERPETUAL EASEMENT FOR
UTILITIES, GRADING AND A MULTI -USE (BIKE) PATH
FROM SAWMILL HARD CENTER, LLC.
WHEREAS, on March 18, 2004, the Dublin Planning and Zoning Commission
approved the revised preliminary development plan (rezoning) application for the NE
Quad PUD Retail, Subareas 5A and 513 – Kroger Center – Sawmill Road (west side of
Hard Road); and
WHEREAS, the seventh condition of approval required that a bike path (shared -use
path) be provided along the Sawmill Road frontage, and the zoning text provided that
easements for all utilities be recorded at a later date to the satisfaction of the City
Engineer; and
WHEREAS, the City of Dublin, in cooperation with the City of Columbus, desires to
improve traffic safety, operations and efficiencies at the Sawmill Road and Hard Road
intersection; and
WHEREAS, an easement is necessary for the constructed bike path as presently
located and to relocate an existing gas line for the intersection improvement; and
WHEREAS, Sawmill Hard Center, LLC has agreed to dedicate 1.330 acres, more or
less, 40 -foot wide perpetual easement for utilities, grading and a multi -use path
(shared -use path) from their property located within Franklin County.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to accept the dedication of an approximate 1.330 acres,
more or less, 40 -foot wide perpetual easement for utilities, grading and multi -use
(bike /shared -use) path from Sawmill Hard Center, LLC, as set forth in the legal
description attached herewith.
Section 2 . This Ordinance shall be effective upon the earliest date permitted by
law.
Passed this / -9 day of 2013.
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
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: June 20, 2013
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Memo
Re: Ordinance 57 -13 - Sawmill Hard Center LLC Easement Dedication
Background
On March 18, 2004, the Dublin Planning and Zoning Commission approved the revised preliminary
development plan (rezoning) application for the NE Quad PUD Retail, Subareas 5A and 56 — Kroger
Center — Sawmill Road (west side, north of Hard Road). The approval, as documented by the staff
certified Record of Action, was done so by the Planning and Zoning Commission with twenty seven
(27) conditions. The seventh condition of approval required "that a bike path (shared -use path)
be provided along the Sawmill Road frontage, as approved by the City of Dublin and the City of
Columbus." Additionally, the approved zoning text provided the required bike path be installed per
City (Dublin) standards, to the satisfaction of the City Engineer, and that easements for all utilities
be recorded at a later date, to the satisfaction of the City Engineer.
In April of 2006, the Kroger Center construction was completed, and the eight -foot wide bike path
along Sawmill Road was installed as required. Although originally intended to be constructed
within the existing right -of -way of Sawmill Road, the final placement of the path was to the west
of the existing right -of -way. As a result, an easement was necessary for the bike path.
Furthermore, in order to improve the Sawmill Road /Hard Road intersection, an existing gas line
must be relocated along the west side of Sawmill Road. This relocation requires that a utility
easement be located within the same area as the needed bike path easement.
In August of 2012, the owner of the Kroger Center, Sawmill Hard Center, LLC, was notified that
the easement for the bike path had not been executed or recorded. In addition, a utility easement
was necessary to relocate an existing gas line for the intersection improvement. An updated
easement, with an amended legal description and exhibit, was created and provided to the
managers of the Sawmill Hard Center, LLC property for their review and execution.
Summary
As a result of the previously documented requirements, Sawmill Hard Center, LLC is dedicating to
the City of Dublin a 1.330 acres, more or less, 40 -foot wide perpetual easement for utilities,
grading and a multi -use (bike) path from their property located within Franklin County. The
easement dedication is from Franklin County Auditor Parcel Nos. 273- 011339 and 273 - 011340.
The adoption of Ordinance No. 57 -13 will authorize the City Manager to accept the easement
dedication. In order to continue the advancement of the Sawmill Road /Hard Road intersection
improvement project, which is being done cooperatively with the City of Columbus, expedited
adoption by Council would allow the project to continue in a timely manner.
Ord. 57 -13 - Sawmill Hard Center LLC Easement Dedication
June 20, 2013
Page 2 of 2
Recommendation
Staff recommends adoption of Ordinance No. 57 -13 at the July 1 Council meeting.
40 FOOT WIDE PERPETUAL EASEMENT FOR
UTILITIES, GRADING, AND A MULTI -USE PATH
THIS EASEMENT FOR MULTI -USE PATH, DRAINAGE AND GRADING AND
TEMPORARY CONSTRUCTION (the "Easement ") is made and entered into this "day of
February, 2013, by and between Sawmill Hard Center, LLC ( "Grantor ") and the City of Dublin,
Ohio, an Ohio municipal corporation ( "Grantee "), whose mailing address is 5200 Emerald
Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel
Nos. 273 - 011339 and 273 - 011340 (collectively, the "Grantee Property");
WHEREAS, Grantee desires a perpetual easement over those portions of the Grantor's
Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the
"Easement Area ") for the purpose of constructing and maintaining a multi -use path and drainage
facilities (collectively, the "Facilities ") thereon; and,
WHEREAS, Grantor desires to grant easements over the Easement Area for the benefit of
Grantee, upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the foregoing Background Information and as
follows:
1. Grant of Easement Grantor grants to Grantee, its agents, employees, independent
contractors, and successors and assigns, a perpetual, non - exclusive easement in, through, over
and under the Easement Area for the following purposes: (i) to construct, operate, maintain,
repair and replace the Facilities and to perform such grading work as Grantee deems necessary in
connection therewith; and (ii) of ingress and egress over those portions of Grantors' Property
reasonably necessary to facilitate Grantee's use of the Easement Area as permitted hereby.
Grantee, as soon as reasonably practicable after construction of the Facilities, including any
alterations and repairs thereto, and completion of the grading work shall cause the Easement
Area and Grantor's Property to be restored to their former condition as nearly as is reasonably
practicable. Grantee shall have the right to remove any and all vegetation growing within the
Easement Area as is reasonably necessary to facilitate Grantee's use thereof as permitted by this
Easement. Grantor has the right to enter on the Easement Area for any purpose whatsoever
provided such entry by Grantor does not in any way impair or hinder the rights granted to
Grantee in this Easement.
2. All improvements to the Easement Area shall be at the sole discretion and cost of
the Grantee.
3. Grantor shall be afforded all the rights, protections, privileges and immunities of a
property owner under the Ohio Recreational User Statute, Ohio Revised Code § 1533.181.
Accordingly, Grantor owes no duty to a recreational user to keep the Easement Area safe for
entry, Grantor extends no assurance to a recreational user, through the act of giving permission,
that the Easement Area is safe for entry or use, and Grantor assumes no responsibility nor does
Grantor incur liability for any injury to person or property caused by any act of a recreational
user.
4. Grantee shall be responsible for maintaining the Shared -use path in a clean and
safe condition at all times.
5. Grantor reserves the right to utilize the Easement Area to maintain and repair
existing telephone, electric, water, wells, or other utility lines or mains already serving the
Grantee's Property. If such repairs and maintenance are required, upon the completion of any
necessary repairs and/or maintenance, Grantor shall restore the Easement Area to its condition
prior to such repair or maintenance.
6. Relationship to Parties Nothing contained herein shall be deemed or construed
by the parties or by any third party as creating the relationship of principal and agent, of
partnership or of joint venture between the parties, it being understood and agreed that no
provision contained herein or any act of the parties hereto shall be deemed to create any
relationship other than Grantee and grantee of the rights and easements set forth herein.
7. Waiver Except to the extent that a party may have otherwise agreed in writing,
no waiver by such party of any breach of the other party of any of its obligations, agreements or
covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of
any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a
remedy for any breach by the other party be deemed a waiver of any rights or remedies with
respect to such breach or any similar breach in the future.
8. Severabilitv In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
N
9. Captions and Pronoun Usage The captions and section numbers in this Easement
are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
10. Governing Law This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
11. Modification This Easement, or any easement or covenant set forth herein, may
not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's Office,
Franklin County, Ohio with reference made to this Easement.
12. Benefit This Easement shall run with the land and inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
13. Authority. Grantor represents and warrants that it has the full right and authority
to enter into this Easement and grant the rights hereby conveyed to Grantee.
(Signatures on the following page)
COLLibrwy 0108991.0537308 368288W2 3
above.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth
GRANTOR:,, GRANTEE:
j By: d Center, LC City of Dublin, Ohio,
an Ohio municipal corporation
Marsha Grigsby, City Manager
Laurence G. Ruben
Its:
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
J^
BE IT REMEMBERED, that on this 1 k day of May, 2013, before me, the subscriber, a
Notary Public in and for said county and state, personally came Marsha Grigsby the City
Manager of the City of Dublin, Ohio, an Ohio municipal corporation, who acknowledged the
signing thereof to be her free act and deed for and on behalf of the municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto bscribed my name and affixed my
official seal on the day and year last aforesaid. 7 /-)
101AL 8
jq� ' %JENNIFER
L. DELGADO
NOTARY PUBLIC
�+ =
STATE OF OHIO
Comm. Expires
January 02, 2018
OF
Signature Page
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
BE IT REMEMBERED that on this +
,0 y of April, 2013, before me, the subscriber,
a Notary Public in and for said county and state, personally came Laurence G. Ruben, Co-
Manager of Sawmill Hard Center, LLC, who acknowledged the signing thereof to be his free act
and deed for the purpose stated therein.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid. f�
Notary joblic
This Instrument Prepared By:
Ice Miller LLP
250 West Street
Columbus, Ohio 43215
SON L BARL
, NOTARY PUBLIC
ST O O HIO
My commission
Expires
April 25, 2016
Signature Page
PAGE 1 OF 3
EXHIBIT A
PARCEL 1 -PE
1.330 ACRE PARCEL
SAWMILL ROAD / HARD ROAD INTERSECTION IMPROVEMENT
CITY OF DUBLIN, OHIO
SAWMILL HARD CENTER LLC
40 FOOT WIDE PERPETUAL EASEMENT FOR
UTILITIES, GRADING, and a MULTI -USE PATH
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Section 2,
Township -2- North, Range -19 -West, United States Military Lands, being a part of that 18.052
acre tract and that 9.985 acre tract conveyed to Sawmill Hard Center LLC, by deed of record in
Instrument Number 200507190142118 and Instrument Number 200503220052696, respectively,
records of the Recorder's Office, Franklin County, Ohio, and being more particularly described
as follows;
Beginning for Reference at Franklin County Monument #7772 at the intersection of the
existing right -of -way centerline of Hard Road (County Road 61) with the existing construction
centerline of Sawmill Road (County Road 70), being 0.00 feet left of Sawmill Road Station
100+00.00, as shown on the plans for "SAWMILL ROAD / HARD ROAD INTERSECTION
IldPROVEMENTS" (2351 Dr. E) on file with the City of Columbus, (06- 003 -CIP) on file with
the City of Dublin;
Thence North 02 0 34'54" East, a distance of 88.50 feet along the existing construction
centerline of Sawmill Road to a point in said centerline being 0.00 feet left of Sawmill Road
Station 100+88.50;
Thence North 87 °25'06" West, a distance of 67.50 feet perpendicular to the existing
construction centerline of Sawmill Road, to a southeasterly corner of said Sawmill Hard Center
LLC 18.052 acre tract, and in the existing westerly right -of -way line of Sawmill Road, as shown
on the record plat for SAWMILL ROAD as recorded in Plat Book 107, Page 11, being 67.50 feet
left of Sawmill Road Station 100 +88.50, and being the Point of True Beginning;
Thence South 47 °34'56" West, a distance of 29.70 feet along the southeasterly line of
said Sawmill Hard Center LLC 18.052 acre tract, and along the existing northerly right -of -way
line of Hard Road, as shown on the record plat for HARD ROAD as recorded in Plat Book 78,
Page 11, to an iron pin set at the intersection with the proposed northerly right -of -way line of
Hard Road, being 67.50 feet left of Hard Road Station 199 +11.50;
Thence North 87 °25'06" West, a distance of 19.00 feet across said Sawmill Hard Center
LLC 18.052 acre tract, and along the proposed northerly right -of -way line of Hard Road, to a
point being 67.50 feet left of hard road station 198 +92.50;
PAGE 2 OF 3
Thence North 02°3454" East, a distance of 1461.32 feet across said Sawmill Hard
Center LLC 18.052 acre and 9.985 acre tracts, parallel to, and 107.50 feet westerly of, as
measured at right angles, the existing construction centerline of Sawmill Road, to the intersection
with the northerly line of said Sawmill Hard Center LLC 9.985 acre tract, being 107.50 feet left
of Sawmill Road Station 115 +28.82;
Thence South 87 °25'06" East, a distance of 25.00 feet along the northerly line of said
Sawmill Hard Center LLC 9.985 acre tract, and along the southerly line of that 8.773 acre tract
(remainder) as conveyed to Sawmill Partners Investment Company No. 11 by deed of record in
Official Record 7883 E06, to an iron pin set in the northerly line of said Sawmill Hard Center
LLC 9.985 acre tract, in the existing westerly right -of -way line of Sawmill Road, being 82.50
feet left of Sawmill Road Station 115 +28.82;
Thence South 02 °34'54" West, a distance of 19.02 feet across said Sawmill Hard Center
LLC 9.985 acre tract, and along the existing westerly right -of -way line of Sawmill Road, to an
iron pin set at an angle point in the existing westerly right -of -way line of Sawmill Road, being
82.50 feet left of Sawmill Road Station 115+09.80.
Thence South 87 °25'06" East, a distance of 15.00 feet across said Sawmill Hard Center
LLC 9.985 acre tract, and along the existing westerly right -of -way line of Sawmill Road, to an
iron pin set in the easterly line of said Sawmill Hard Center LLC 9.985 acre tract, in the existing
westerly right -of -way line of Sawmill Road, being 67.50 feet left of Sawmill Road Station
115+09.80;
Thence South 02 °34'54" West, a distance of 1421.30 feet along the easterly line of said
Sawmill Hard Center LLC 18.052 acre and 9.985 acre tracts, and along the existing westerly
right -of -way line of Sawmill Road, to the Point of True Beginning, containing 1.330 acres,
more or less, of which the present road occupies 0.000 acres, more or less.
Of the above described area, 0.452 acres are contained within Franklin County Auditor's
parcel 273- 011339.
Of the above described area, 0.878 acres are contained within Franklin County Auditor's
parcel 273- 011340.
All iron pins set are 3/4 inches in diameter by 30 inches long with a 2" aluminum cap,
bearing the name STANTEC.
The bearing datum of the afore- described parcel is based on the bearing of North
02 0 34'54" East, for the centerline of Sawmill Road from an adjusted field survey using G.P.S.
Methods from Franklin County Monument #7772 to Franklin County Monument #7771, based
on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983, (1986
adjustment).
PAGE 3 OF 3
This description was based upon a survey of Hard Road and Sawmill Road by R.D.
Zande & Associates, Inc., in September 2004, and prepared December 4, 2012, by Tim A. Baker,
Registered Surveyor 7818.
Grantor claims title by the instrument of record in Instrument Number 200507190142118
and Instrument Number 200503220052696, of the Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
O F
Oj
*: TIM
MAKER
cr
k 7818
0 1 1 .
G1STE Jk, `
S�ONN- S�, ►�
STANTEC CONSULTING SERVICES, INC.
RE ISTERED S VEYOR NO. 7818 DATE
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spy o r
1, 33 � 14c �•.•L
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C2�3
DESCRiftION vERIT`IED
D4pf,. RiNGLE, P.G. P-S,
By.
DA
SAWMILL PARTNERS
INVESTMENT CO. NO. II
273 - 008385
8.773 AC.
O.R. 7883 E06
I.N.
SAWMILL HARD CENTER LLC
273 - 011339
9.985 AC.
I.N. 200503220052696
SAWMILL HARD CENTER LLC
273 - 011340
18.052 AC.
I.N. 200507190142118
wo
- EXM ZT B
I
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Summer Drive
P.B. 59, Pg. 39
NUMBER
DIRECTION
DISTANCE
L1
N 02'34 54 E
68.50 FEET
L2
N 87'25 08 W
67.50 FEET
L3
S 47 56 W
29.70 FEET
L4
N 8r25'06' W
19.00 FEET
LS
S 8 E
25.00 FEET
L6
S 073454 W
19.02 FEET
L7
I S 87 E
15.00 FEET
d1
0
C4I
Iti�
I
I 1 EX. R/W
Sar Road
I f PARCEL 1 —PE
1.330 ACRES
hI PERPETUAL EASEMENT
�I SAWMILL ROAD
I of Dublin
FYw� county, Olio
Beation 8. Tvp, Std, Range 19f
3/4'D x 30'L IRON PIN SET m O Q C �..0 F' J,y' IIailed 8latse ldlftary Lon"
WITH CAP MARKED STANTEC
Tib >~,ny SCALE I" • 200' 200 DAM OM 2012
7818 Q..
V -� �V J7 • >Ract- Oee001fts aado� Em.
G /BIER �l b�, `n adt. 100 me)
BAS OF BEARINGS V t '' ,FSSlpNA! gv •
THE BEARING DATUM IS BASED ON THE BEARING OF
NORTH 0734'54' EAST FOR THE CENTERLINE OF SAWMILL " "�� ' + ` MONK
ROAD FROM G.P.S. OBSERVATIONS BETWEEN FRANKLIN COUNTY
MONUMENTS 7222 AND 7221 BASED ON THE OHIO STATE PLANE or 18 le-
COORDINATE SYSTEM. SOUTH ZONE, NORTH AMERICAN DATUM 1983. (86) Survey Date