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HomeMy WebLinkAboutOrdinance 62-13RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 62 -13 Form No. 30043 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE DEDICATION OF 2.71 ACRE, MORE OR LESS, AND 0.03 ACRE, MORE OR LESS, FEE SIMPLE INTERESTS FOR WATER LINE EASEMENTS FROM WHITTINGHAM CAPITAL, LLC, AND A 0.26 ACRE MORE OR LESS, FEE SIMPLE INTEREST FOR A WATER LINE EASEMENT FROM CLEARVIEW DUBLIN, LLC, LOCATED SOUTH OF TULLER ROAD AND EAST OF VILLAGE PARKWAY, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, the dedication of these waterline easements allow the construction of public waterlines on private property to serve future development; and WHEREAS, Whittingham Capital, LLC and Clearview Dublin, LLC agreed to dedicate the necessary easements; and WHEREAS, the easement interests are described and depicted in the attached Exhibits "A" and "B" and "C "; and WHEREAS, this ordinance authorizes the City Manager to accept the dedication of the waterline easement from Whittingham Capital, LLC and Clearview Dublin, LLC. NOW, lt&EREFORE 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 accept the dedication and /or donation of waterline easements in the same or substantially similar form as depicted in the attached Exhibits from Whittingham Capital, LLC and Clearview Dublin, LLC. Section 2. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The acquisition of the property interests described herein is necessary to ensure that the construction of public improvements vital to the development of the Bridge Street District remain on the scheduled timeline. As such, this ordinance shall go into immediate effect upon passage. Passed this `-s'�" day of 2013. Mayor - Pres' i g 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 -4490 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: June 27, 2013 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Barbara Cox, P.E., Engineering Manager - Development Re: Ordinance 62 -13 - Authorizing the City Manager to Accept the Dedication of 2.71 Acres, more or less, and 0.03 Acre, more or less, Fee Simple Interests for Water Line Easements from Whittingham Capital, LLC, and a 0.26 Acre, more or less, Fee Simple Interest for a Water Line Easement from Clearview Dublin, LLC, Located South of Tuller Road and East of Village Parkway, City of Dublin, County of Franklin, State of Ohio and Declaring an Emergency. Summary Whittingham Capital, LLC (owned by Stavroff Interests, Ltd.) has requested to proceed with the installation of the public water system infrastructure at the Dublin Village Center project. Since the Final Plat has not been reviewed or recorded, easements to the City of Dublin that dedicates access to the infrastructure must be recorded. These easements will be vacated when the public rights -of -way are dedicated with the Final Plat of the roadways. The proposed easements cover all the proposed public water lines in this initial phase of the redevelopment of the shopping center. Whittingham Capital, LLC /Stavroff Interests, Ltd. will coordinate obtaining the necessary signatures for the easement from the adjacent property owner, Clearview Dublin, LLC. Staff is in the process of reviewing the construction drawings for the water lines. The developer's engineer has also submitted the drawings to the City of Columbus Division of Water for their concurrent review. Since they perform the maintenance of our water lines, Columbus will require a copy of the recorded easement before they will approve the drawings. The developer's proposed schedule is to begin construction of these water lines in July. Therefore, this easement needs to be recorded in early July. Recommendation In order to support the redevelopment of the Dublin Village Center, staff recommends Council dispense with the public hearing and adopt Ordinance 62 -13 by emergency on July 1. J z J f U w CL j 0 D z a w m m W H z l �S J F LL N �* 0 O. J —Vr CL Q J w -- - LLU Y _ 0 a. O _ U J ? Q m l� w 0, m U a L U- 2 0 C0 0 f � J w U O O w z a y z O g D _ o w z U Q / NO a31N33 NIl9AG Q f I O C? U) 99 P co w ~ z ' Q I a s. U ❑ �r v O w O ui _ z U J 0 o�' J 3 a 9NIONVI SSSOHLL J_ W Q O < 0 '�l i �. O � o d . 2 w. 2 I.�f y W M H � N � `O 3 V � C Ov 0 a Q A O U Exhibit A DEED OF EASEMENT (Waterline Easement) Whittingham Capital, LLC, an Ohio limited liability company ("Grantor'l, whose mailing address is ' for good and valuable consideration, the receipt and sufficiency of which are acknowledged, does grant to the City of Dublin, Ohio, an Ohio municipal corporation ("Grantee'l, whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, its successors and assigns forever, a non - exclusive easement in, under, across and through the real property described on Exhibit "A" and depicted on Exhibit "B ", each of which is incorporated into this Deed of Easement (the "Easement Area"), for the purposes of installing, constructing, accessing, replacing, repairing, maintaining and operating an underground waterline, together with stubs and fire hydrants appurtenant thereto. Grantee has the right to install, construct, access, replace, repair, maintain and operate an underground waterline, together with the stubs and fire hydrants appurtenant thereto, within the Easement Area at its expense. Grantee has the right to remove any vegetation located within the Easement Area, provided such removal is reasonably necessary for Grantee's use of the Easement Area as permitted by this Deed of Easement. Grantee shall restore the ground disturbed in the course of such work as nearly as reasonably practicable to the condition which existed immediately prior to Grantee's entry onto the Easement Area within a reasonable time frame thereafter; provided, however, in no event will Grantee be responsible for the costs to replace any trees or vegetation located within the Easement Area. Grantee has the right of ingress and egress across Grantor's property as is reasonably necessary to access the Easement Area. Grantor may use the Easement Area for all purposes not inconsistent with Grantee's enjoyment of the easement granted by this Deed of Easement; however, Grantor shall not construct nor permit the construction of any permanent buildings on or within the Easement Area. Grantor covenants with Grantee that it is the true and lawful owner of the above - described real property. This easement is granted subject to all public rights -of -way, easements and other matters of record. Grantor and Grantee understand and agree that all terms and conditions contained in this Deed of Easement shall be effective and binding upon the parties hereto and their respective successors and assigns. This Deed of Easement shall be construed in accordance with the laws of the State of Ohio. (Remainder of Page Intentionally Left Blank) IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed of Easement to be executed this day of . 2013. GRANTOR: Whittingham Capital, LLC, an Ohio limited liability company By: Its: Print Name: COUNTY OF FRANKLIN . SS. GRANTEE: City of Dublin, Ohio, an Ohio municipal corporation By: Marsha Grigsby, City Manager The foregoing instrument was acknowledged before me this day of 2013, by the Whittingham Capital, LLC, an Ohio limited liability company, for and on behalf of such limited liability company. Notary Public STATE OF OHIO SS. COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this day of 2013, by Marsha Grigsby, the City Manager of the City of Dublin, Ohio, an Ohio municipal corporation, for and on behalf of such municipal corporation. Notary Public WATER LINE EASEMENT 2.710 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, located in Quarter Township 2, Township 2, Range 16, United States Military Lands, being across those 13.545, 1.502, 8.381, 10.917 and 0.931 acre tracts conveyed to Whittingham Capital LLC by deeds of record in Instrument Number 200911090161708, Instrument Number 201009140119604, and Instrument Number 201304010053357 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows: Beginning, for reference at a northwesterly comer of that 7.467 acre tract conveyed to Clearview Dublin LLC by deed of record in Instrument Number 201009140119604, at a northeasterly comer of said 13.545 acre tract, being the southerly right -of -way line of Tuller Road of record in Plat Book 65, Pages 27 and 28; thence North 87° 18' 39" West, with said southerly right -of -way line, a distance of 144.17 feet to the TRUE POINT OF BEGINNING; thence South 02 °41'21" West, across said 13.545 acre tract, a distance of 685.58 feet to a point; thence South 87 1 18'39" East, continuing across said 13.535 acre tract, a distance of 248.00 feet to a point in the westerly line of said 7.467 acre tract; thence South 02 °41'21" West, with said westerly line, a distance of 40.00 feet to a point; thence across said Whittingham Capital tracts, the following courses and distances: North 8718'39" West, a distance of 248.00 feet to a point; South 02 °41'21" West, a distance of 57.68 feet to a point; South 25 °11'21" West, a distance of 49.65 feet to a point; South 02 °41'21" West, a distance of 335.93 feet to a point; South 42 °18'39" East, a distance of 17.33 feet to a point; South 47 °41'21" West, a distance of 40.00 feet to a point; North 42 °1819" West, a distance of 33.90 feet to a point; North 02 0 41'21 " East, a distance of 38.12 feet to a point; North 87 0 18 1 39" West, a distance of 368.94 feet to a point on the arc of a curve; with the are of a curve to the left, having a central angle of 47 0 17'34 ", a radius of 236.00 feet, an arc length of 194.80 feet, a chord bearing and distance of South 69 °02'34" West, 189.31 feet to a point; and South 45 0 2347" West, a distance of 6.53 feet to a point in the easterly right -of -way line of Federated Boulevard (nka Village Parkway) of record in Plat Book 65, Pages 27 and 28; thence North 44 °36'13" West, with said easterly right -of -way line, a distance of 40.00 feet to a point; thence across said Whittingham Capital tracts, the following courses and distances: North 45 °2347" East, a distance of 6.53 feet to a point of curvature to the right; with the arc of a curve to the right, having a central angle of 47 °17'34 ", a radius of 276.00 feet, an arc length of 227.81 feet, a chord bearing and distance of North 69 °02'34" East, 221.40 feet to a point; South 87 °18'39" East, a distance of 368.94 feet to a point; North 02 °41'21" East, a distance of 282.34 feet to a point; WATER LINE EASEMENT 2.710 ACRES -2- North 25 " East, a distance of 49.65 feet to a point; North 02 °41'21" East, a distance of 49.72 feet to a point; North 87'18'39" West, a distance of 110.79 feet to a point; South 88 0 16'39" West, a distance of 39.00 feet to a point; North 87'l 8'39" West, a distance of 311.05 feet to a point North 42'18'39" West, a distance of 28.84 feet to a point of curvature to the right; with the arc of a curve to the right, having a central angle of 14 1 38'13 ", a radius of 276.00 feet, an arc length of 70.51 feet, a chord bearing and distance of North 59 0 32'32" West, 70.32 feet to a point of reverse curvature; with the arc of a curve to the left, having a central angle of 35 °05'14 ", a radius of 224.00 feet, an arc length of 137.17 feet, a chord bearing and distance of North 69 0 46'03" West, 135.04 feet to a point; and North 87° 18'39" West, a distance of 217.40 feet to a point in the easterly right -of -way line of said Federated Boulevard (nka Village Parkway); thence North 02 °36'10" East, with said easterly right -of -way line, a distance of 40.00 feet to a point; thence across said Whittingham Capital tracts, the following courses and distances: South 87'l 8'39" East, a distance of 217.46 feet to a point of curvature to the right; with the are of a curve to the right, having a central angle of 35 1 05'14 ", a radius of 264.00 feet, an arc length of 161.67 feet, a chord bearing and distance of South 69 0 46'03" East, 159.16 feet to a point of reverse curvature; with the arc of a curve to the left, having a central angle of 16 °40' 16 ", a radius of 236.00 feet, an arc length of 68.67 feet, a chord bearing and distance of South 60 0 33 1 34" East, 68.43 feet to a point; South 42 °18'39" East, a distance of 21.33 feet to a point South 87 °18'39" East, a distance of 292.94 feet to a point; North 88 0 16'39" East, a distance of 39.00 feet to a point; South 87 0 18 1 39" East, a distance of 112.33 feet to a point; and North 02 °41'21" East, a distance of 685.58 feet to a point in the southerly right -of -way line of said Tuller Road; thence South 87 0 18'39" East, 'th said southerly right -of -way line, a distance of 40.00 feet the TRUE POINT OF BEGINNING, and Wing 2.710 acres of land, more or less. T, HAMBLETON & TII. EDWARD Edward J. Miller MILLER - RegisteredStnv or 8250 o,�.'�FGE�:'•O�' '•.,Fip �•......,, ��i EJM:tb S�ONAI SV�a 2_710 ac. 20130554 -VS- ESMT -WATR ..re,,,,,,,,,,,.`` WATER LINE EASEMENT © ©� QUARTER TOWNSHIP 2, TOWNSHIP 2, RANGE 19 . archwon. a mw.uK UNITED STATES MILITARY LANDS r • sur.,o" • na.w, . swmen a M coN- w.•.m vaooe. r =!w o" um. rn�.:a.ns.soo ran..;wnsa d CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO em hum Date: JUNE 17, 2013 Job No. 2013 -0554 Scale: 1" = 60' S87' 18'39 "E TULLER ROAD 40.00' — N8 7' 1 8' 144.17' P.B. 65, PP. 27 & 28 RPOB I — z N I 0 V to V O 0 00 0 Co (D to I f Z a to Lu 51 r r' N N 4 n S � � I Y CV N Z N 8 I x U L 3 M M n 0 a Q Lo QLO O z N WHITTINGHAM CAPITAL LLC 13.545 AC. = z I.N. 201304010053357 O A ��Q,(E .. O y�O EDt�q�. By MI LLER Professional S evor N 8250"'.�R�825 60 0 60 120 GRAPHIC SCALE in feet 1 OF 7 M N LO _00 O M w U o 2 N 0 � 2 O U 0 O Vl 7 � Q � Q N N W E rA H F� �a H U m El n o m C 0 O Z c c 1 via O m w C LLj V 2 C9 CLEARVIEW DUBLIN LLC / 7.467 AC. I.N. 201009140119604 ,00 *0* v M. l Z, L t.ZOS _j U) J J N O Qao ,It It U ^ 0 o Z Z 9 W ,89989 M . LZ, L* ,rry "Id9 3„ l Z, I *.ZON J 'n ~ O W O U Q O N O O O Lq O o I I Z N = Z - f N J 00 0 J I_ c0 !� p < U ¢ 00 00 r- Z 0 Q m 0 Z N 13 Z — ,29'L9 M l Z, l * ,rry "Id9 3„ l Z, I *.ZON 3 !`) n w N r c; N Of co iV Z r- LL O N W O 3 !`) n w N r c; N Of co iV Z r- LL O N WATER LINE EASEMENT © ©� QUARTER TOWNSHIP 2, TOWNSHIP 2, RANGE 19 cwn n�.cm"w. HamWron am an "` UNITED STATES MILITARY LANDS em • w..raa .Hamm • �°.anu� SOD Ww NDpY/ Rmq CalurMUt p14AS� 1 'aRare 0 "° e n ncco m CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO m Date: JUNE 17. 2013 1 Job No. 2013 -0554 1 Scale: 1" = 60' N25'11'21 "E 49.65' � WHITTINGHAM CAPITAL LLC 13.545 AC. I.N. 201304010053357 [9 mI N87'1 8'39 368.94' S42' 18'39 "E S02'41'21 "W 17.33' WHITTINGHAM CAPITAL LLC 38.12' 8.381 AC. .�`L�• I.N. 201304010053357 N42'18'39 "W 33.90' 60 0 60 120 GRAPHIC SC in feet 3 OF 7 ° a Ca a � � N N M U J O N W N N ~ c0 U O U Q CD � O O QKI� o WHFMNGHAM CAPITAL LLC N zz z ° 8.381 AC. I.N. 20130 4010053357 N ? 0 Q w 587'18'39 E 368.94' 3 [9 mI N87'1 8'39 368.94' S42' 18'39 "E S02'41'21 "W 17.33' WHITTINGHAM CAPITAL LLC 38.12' 8.381 AC. .�`L�• I.N. 201304010053357 N42'18'39 "W 33.90' 60 0 60 120 GRAPHIC SC in feet 3 OF 7 N E / 2 o i = 2 LO 11 k ) ] » \ » $ _j / o $ 7 §u§ Ld } o ��G C'4 )§ k & \ � {] 2 2 k $ �\ ` 2 44 �/ LO \ �2/2 / 3 | l § , k 2�k °/ k q � jf aq @ / / o C+4 o Lo �n D R u q and ' k § k % - c f % � � � � �cr § 2 }7/ 2q ƒ)22 §§ ° �2- R¢k ��fkr i , E!! 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( [ k * A "XWJROYMA VXX CMV&EMoE OgjL VXg0j o 3 ¥ k §2�� § -$ § 15 k)2KE ■ !! §| 2 % O N P Z M o O to II ui u N LO O M N 0 Z O r M 0 W m zW � U � 00 N r M lI') c0 O W FFF���III M O O r� W ��7 L � 0 O n �z� Z Z Z N W ° ~O J � N N F �d�o � 7 O O O O O O v W az� o o r r ao M in o in o o � �a H r3 U m� � E _ U U U U U U U Z B a �w� o I E° v fn E Q �gQ Y C � � V2 i Exhibit B DEED OF EASEMENT (Waterline Easement) Whittingham Capital, LLC, an Ohio limited liability company ("Grantor', whose mailing address is . for good and valuable consideration, the receipt and sufficiency of which are acknowledged, does grant to the City of Dublin, Ohio, an Ohio municipal corporation ("Grantee"), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, its successors and assigns forever, a non - exclusive easement in, under, across and through the real property described on Exhibit "A" and depicted on Exhibit "B ", each of which is incorporated into this Deed of Easement (the "Easement Area"), for the purposes of installing, constructing, accessing, replacing, repairing, maintaining and operating an underground waterline, together with stubs and fire hydrants appurtenant thereto. Grantee has the right to install, construct, access, replace, repair, maintain and operate an underground waterline, together with the stubs and fire hydrants appurtenant thereto, within the Easement Area at its expense. Grantee has the right to remove any vegetation located within the Easement Area, provided such removal is reasonably necessary for Grantee's use of the Easement Area as permitted by this Deed of Easement. Grantee shall restore the ground disturbed in the course of such work as nearly as reasonably practicable to the condition which existed immediately prior to Grantee's entry onto the Easement Area within a reasonable time frame thereafter; provided, however, in no event will Grantee be responsible for the costs to replace any trees or vegetation located within the Easement Area. Grantee has the right of ingress and egress across Grantor's property as is reasonably necessary to access the Easement Area. Grantor may use the Easement Area for all purposes not inconsistent with Grantee's enjoyment of the easement granted by this Deed of Easement; however, Grantor shall not construct nor permit the construction of any permanent buildings on or within the Easement Area. Grantor covenants with Grantee that it is the true and lawful owner of the above - described real property. This easement is granted subject to all public rights -of -way, easements and other matters of record. Grantor and Grantee understand and agree that all terms and conditions contained in this Deed of Easement shall be effective and binding upon the parties hereto and their respective successors and assigns. This Deed of Easement shall be construed in accordance with the laws of the State of Ohio. (Remainder of Page Intentionally Left Blank) IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed of Easement to be executed this day of . 2013. GRANTOR: Whittingham Capital, LLC, an Ohio limited liability company GRANTEE: City of Dublin, Ohio, an Ohio municipal corporation By: Its: Print Name: STATE OF OHIO ss. COUNTY OF FRANKLIN By: Marsha Grigsby, City Manager The foregoing instrument was acknowledged before me this day of . 2013, by the Whittingham Capital, LLC, an Ohio limited liability company, for and on behalf of such limited liability company. Notary Public STATE OF OHIO ss. COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this day of . 2013, by Marsha Grigsby, the City Manager of the City of Dublin, Ohio, an Ohio municipal corporation, for and on behalf of such municipal corporation. Notary Public WATER LINE EASEMENT 0.033 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, located in Quarter Township 2, Township 2, Range 16, United States Military Lands, being across those 13.545, 1.502, and 8.381 acre tracts conveyed to Whittingham Capital LLC by deeds of record in Instrument Number 200911090161708 and Instrument Number 201304010053357 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows: Beginning, for reference, at a southwesterly comer of that 7.467 acre tract conveyed to Clearview Dublin LLC by deed of record in Instrument Number 201009140119604, with the northerly line of said 13.545 acre tract; thence with a southerly line of said 7.467 acre tract, with the arc of a curve to the right, having a central angle of 18' 21' 15 ", a radius of 165.50 feet, an arc length of 53.02 feet, a chord bearing and distance of South 69' 08' 13" East, 52.79 feet to a point of tangency; thence South 59' 57' 35" East, continuing with said southerly line, a distance of 59.67 feet to the TRUE POINT OF BEGINNING; thence with said southerly line, the following courses and distances: South 59 57' 35" East, a distance of 15.18 feet to a point of curvature to the left; and with the arc of said curve to the left, having a central angle of 64° 17' 35 ", a radius of 25.00 feet, an arc length of 28.05 feet, a chord bearing and distance of North 88° 0 P 43" East, 26.60 feet to a point; thence South 02° 41' 21" West, across said 13.545 acre tract, a distance of 2.31 feet to a point on the arc of a curve to the left in the westerly right -of -way line of Dublin Center Drive of record in Plat Book 65, Pages 27 and 28; thence with said westerly right -of -way line, with the arc of said curve the left, having a central angle of 15° 42' 59 ", a radius of 257.87 feet, an arc length of 70.73 feet, a chord bearing and distance of South 28° 18' 49" West, 70.51 feet to a point; thence North 69 32' 41" West, across said 1.502 acre tract, a distance of 9.98 feet to a point; thence North 02° 41' 21" East, across said 1.502, 8.381 and 13.545 acre tracts, a distance of 67.66 feet to the TRUE POINT& BEGINNING, and containing 0.033 acre of land, more or less. EV CHWART, HAMBLETON & TIL�',(�d +olj?I��••• (. P � E OF O `, * • ••EDWARD y'� . Edward J. Mill - MILLER Registered Sury r No. 8250 •p 825p ,�FS•�Q!s�a� °� ��� EJM tb 0 _033 ac 20130554 -VS- ESMT- WATR-02 •'��,���� 11�i�����.�`� ©©= 91 1. A1Miw Na,w.ron a man, M WN*WA WVIW . 1h" H4 swow,..mroro,a. mftc -a . OM o me 611.77l.45W fa1hN:l00.77lJN! lRlhtf Date: JUNE 24, 2013 WATER LINE EASEMENT QUARTER TOWNSHIP 2, TOWNSHIP 2, RANGE 19 UNITED STATES MILITARY LANDS CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO Job No. 2013 -0554 1 Scale: 1" = 30' A= 18'21'15" R= 165.50' Arc = 53.02' CLEARVIEW DUBLIN LLC ChB= S69'08'13 "E 7.467 AC. C\hD= 52.79' I.N. 201 0091 401 1 9604 �P A =64' 17'35 `� yitiC SS9. R= 25.00' Arc= 28.05' �3 qM S S �3 � /N 20W4 SASCgp�96�•SF ChB= N88'01'43 "E /,N Cyq Tq\ ChD= 26.60' \ 2p -16 9 gCp/Tq 0S33S� <<C SSSS,3 pls>> <<\ p8 \ _ 0.033 AC., t , N ( \ate $ WHITTINGHSO2 AC ITAL LLC z ` 4��' I.N. 201304010053357 �ti � bh 6 , 4� 41 IS a a _S02*41'21 "W 2.31' N69'32'41 "W__,, ] LA= 15'42'59" 9.98' / R= 257.87' / Arc = 70.73' 1 ChB= S28'18'49 "W� ChD= 70.51' / 1 EDWARD NO J. 82 1ER ; PFGjg �: O By Edward J. Miller Date Professional S No. 8250 30 0 30 60 GRAPHIC SCALE (in feet) Exhibit C DEED OF EASEMENT (Waterline Easement) Clearview Dublin, LLC, an Ohio limited liability company ("Grantor"), whose mailing address is . for good and valuable consideration, the receipt and sufficiency of which are acknowledged, does grant to the City of Dublin, Ohio, an Ohio municipal corporation ("Grantee"), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, its successors and assigns forever, a non - exclusive easement in, under, across and through the real property described on Exhibit "A" and depicted on Exhibit "B ", each of which is incorporated into this Deed of Easement (the "Easement Area"), for the purposes of installing, constructing, accessing, replacing, repairing, maintaining and operating an underground waterline, together with stubs and fire hydrants appurtenant thereto. Grantee has the right to install, construct, access, replace, repair, maintain and operate an underground waterline, together with the stubs and fire hydrants appurtenant thereto, within the Easement Area at its expense. Grantee has the right to remove any vegetation located within the Easement Area, provided such removal is reasonably necessary for Grantee's use of the Easement Area as permitted by this Deed of Easement. Grantee shall restore the ground disturbed in the course of such work as nearly as reasonably practicable to the condition which existed immediately prior to Grantee's entry onto the Easement Area within a reasonable time frame thereafter; provided, however, in no event will Grantee be responsible for the costs to replace any trees or vegetation located within the Easement Area. Grantee has the right of ingress and egress across Grantor's property as is reasonably necessary to access the Easement Area. Grantor may use the Easement Area for all purposes not inconsistent with Grantee's enjoyment of the easement granted by this Deed of Easement; however, Grantor shall not construct nor permit the construction of any permanent buildings on or within the Easement Area. Grantor covenants with Grantee that it is the true and lawful owner of the above - described real property. This easement is granted subject to all public rights -of -way, easements and other matters of record. Grantor and Grantee understand and agree that all terms and conditions contained in this Deed of Easement shall be effective and binding upon the parties hereto and their respective successors and assigns. This Deed of Easement shall be construed in accordance with the laws of the State of Ohio. (Remainder of Page Intentionally Left Blank) IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed of Easement to be executed this day of . 2013. GRANTOR: Clearview Dublin, LLC, an Ohio limited liability company By: Its: Print Name: STATE OF OHIO COUNTY OF FRANKLIN ss. GRANTEE: City of Dublin, Ohio, an Ohio municipal corporation By: Marsha Grigsby, City Manager The foregoing instrument was acknowledged before me this day of . 2013, by the Clearview Dublin, LLC, an Ohio limited liability company, for and on behalf of such limited liability company. Notary Public STATE OF OHIO ss. COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this day of . 2013, by Marsha Grigsby, the City Manager of the City of Dublin, Ohio, an Ohio municipal corporation, for and on behalf of such municipal corporation. Notary Public WATER LINE EASEMENT 0.264 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, located in Quarter Township 2, Township 2, Range 16, United States Military Lands, being across that 7.467 acre tract conveyed to Clearview Dublin LLC by deed of record in Instrument Number 201009140119604 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows: Beginning, for reference, at a southwesterly corner of said 7.467 acre tract, with the northerly line of that 13.545 acre tract conveyed to Whittingham Capital LLC by deed of record in Instrument Number 201304010053357; thence North 02' 41' 21" East, with the westerly line of said 7.467 acre tract, a distance of 8.46 feet to the TRUE POINT OF BEGINNING; thence North 02' 41' 21" East, continuing with said westerly line, a distance of 40.00 feet to a point; thence South 87' 18' 39" East, across said 7.467 acre tract, a distance of 268.42 feet to a point on the arc of a curve to the left on the westerly right -of -way line of Dublin Center Drive of record in Plat Book 65, Pages 27 and 28; thence with said westerly right -of -way line, with the arc of said curve to the left, having a central angle of 18' 08' 51 ", a radius of 257.88 feet, an arc length of 81.68 feet, a chord bearing and distance of South 63' 13' 54" West, 81.34 feet to a point; thence North 87 18' 39" West, across said 7.467 acre tract, a distance of 54.44 feet to a point thence South 02' 41' 21" West, continuing across said 7.467 acre tract, a distance of 57.15 feet to a point on the are of a curve on a northerly line of said 13.545 acre tract; thence with said northerly line, with the arc of said curve to the right, having a central angle of 64° 17' 35 ", a radius of 25.00 feet, an arc length of 28.05 feet, a chord bearing and distance of South 88 01' 43" West, 26.60 feet to a point of tangency; thence North 59° 57' 35" West, continuing with said northerly line, a distance of 15.18 feet to a point; thence North 02' 41' 21" East, across said 7.467 acre tract, a distance of 52.34 feet to a point; thence North 87 18' 39" West, continuing across said 7.467 acre tract, a distance of 103.16 feet to the TRUE POINT OF BEGINNIN(?� and containing 0.264 acre of land, more or less. 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