The URL can be used to link to this page

Home My WebLink About049-86 Ordinance . RECORD OF ORDINANCES ~ ~ 7 National Graphics Corp., Cols., O. Form No. 2806-A Ordinance No.___ 49-86__________ Passed ________19_____ AN ORDINANCE VACATING AN EASEMENT IN "SHANNON PARK, SECTION 2, PHASE 2" IN THE VILLAGE OF DUBLIN, OHIO. WHEP.LAS, an Easement was reserved in "Shannon Park, Section 2 Phase 2" between lots number 132 and 133 for which there is no need or purpose, and; WHEREAS, there is a Storm Sewer between lots number 131 and 132 with no easement for same but, documents are being prepared that would grant easements for same; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 7 of the elected members concurring: SECTION 1. That the Easement in "Shannon Park, Section 2. Phase 2" between lots number 132 and 133 for which there is no need or purpose be, and hereby is, vacated. SECTION 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 7th day of ,July 198b Mayor-Presiding Officer ATTEST: Cher o Cou cil Sponsor: Village Engineer Mere y cP?tify that copies c' 1~~~ i°° ^~~itioll were pos_ ir. Yillae the ~ M Section ...~5 cf the Q'~.,,...:, . ode. °v Clerk ut Council MEMORANDUM T0: Sherman Sheldon, Village Manager FROM: Bruce H. Warner, Village Engineer SUBJECT: Vacating an Easement DATE: June 10, 1986 Attached hereto is a letter from the engineers who prepared the original plat, and are requesting the easement be vacated. The easement was incorrectly drawn on the plat and I missed it in review of the plat. The construction plans show an easement between lots 131 and 132 where the storm sewer was built. Therefore, the easement between lots 132 and 133 is not needed. There are no utilities within this easement. Therefore I would recommend said easement be vacated. ~.L~ ~l RHW:fmu - INC. CONSULTING ENGINEERS & SURVEYORS June 2, 1986 Mr. Bruce Warner Village Engineer Village of Dublin, Ohio 6665 Coffman Road Dublin, Ohio 43017 Dear Bruce: EMH$T hereby respectfully requests that the Village of Dublin release any and all right and easement it has or may have in a portion of the area over which. an easement was reserved by and shown on the plat entitled "Shannon Park Section 2, Phase 2" of record in Plat Book 61, Page 72, Recorder's Office, Franklin County, Ohio. The easement area sought to be released is all of that area designated "Easement" on said plat of Shannon Park Section 2, Phase 2, lying both sides of the line between Lots 132 and 133 of said Shannon Park Section 2, Phase 2 and extending from the southerly lines of said Lots to a line that is 10 feet southerly from, as measured at right angles, the northerly lines of each of said Lots 132 and 133. Attached to this letter is a copy of a portion of the plat of Shannon Park Section 2, Phase 2 on which we have shown by hatching, the area over which the easement is to be released. As far as we can determine, there are no utility lines in this easement area. A two family building is constructed on each of Lots 132 and 133 and both buildings encroach into this easement area. One copy each of EMH$T's foundation location survey maps for each of the buildings on Lots 132 and 133 are also attached hereto. There is a storm sewer constructed along the line between Lots 131 and 132 of Shannon Park Section 2, Phase 2, and no easement for that sewer is provided on the plat. Documents that would grant the Village easements for this sewer are being prepared and will be tendered to the Village when executed. Continued.... EVANS, MECHWART, HAMBLETON ~ TILTON, INC. 170 MILL STREET, GAHANNA, OHIO 43230 614/471-5150 ' Mr. Bruce Warner, Village Engineer June 2, 1986 Village of Dublin - Page 2 - Should you have any questions or need further information, kindly advise. Very truly yours, EVANS, ECHW RT HAMBLETON $ TILTON, INC. ~ ~j,~ ~ elix R~Boro tz, P.S. Enclosures FRB/ksm. 03'9 • r j ' r t ~'r it ~ i0 "~O' i' r : , \ hr;~°~~ r~ 10~ Eoserr~es` ~'s`~'oy , - I f f, M ~ N h m ~ ~ ` S'9 r ~ 1w 1 ` I „ r ` 4. ~ A ' O T ~23 ' 25 c M 10~ Eosement ~ ~ ~ _ ~ 125- 1~ .i ~ m ~ ~ ` ° 126 I N • Z , __t Mj ~ • tp N ~ ~ r~. i. ' ~7 •~j•3 I ~ M 29/li ~ 1°pb a,a ~ ~a ~ -i aNNM1_~ ~ . ~ g5•''6 ° sO~~b• ~~Z 6Z I \ ~3 h C N D2 v d s e1s? p: 262 49, O ~ \ 31.86 ~'~r ~ 10' Eosement N ~ „ N,1~C, -GINT Y ~ g W W~, N87°46 53 E t _14$ IOR ~ ~ Q r~ 0 81.86 N' '-66.6.14 ~ a1c ~27 i v/ ~ C~iT~T o ,'r , , o I j ~ ~ ° 31.86 ~ 3s I I o ~ ~ H ~ p~ri~[jip a •+~o~:s q,, a ~ S h O O1NNr7 r~ ' 4 : O I ~ r: f ~ Qa~M___1 23s. 3J 36. 9~cP ,~,t /3 Q?o/ ~ I ` is O 'r V / ery 0 Ji1 ~ ~'QOd~ I h ~ ` 3 A ' v 25~ 25~_ h m 12J ~ a ~ I ~ ~ he ~ 12s IN s~ o ' a" i `I ti c~ S9/ °43 X34 . ~ - - . E t: 08.99 (Rods h ~ ~ ~ IO' Eosement 0 ~ W, O e h 3 Q - ~ - ~ 133 h ~ o`. p1 3 M~ v O N Dye ~~2i~e~. /3 • ~ ~ 131 ~ ~ 132 ~ ~ _ ` 13 ° ~ N P ~r N ~4~ h ~~/diq in 2 30~ 8uildin Line °'•soe i ~ 10' Eosemen? 35 s 262°4g s0~~\ 39°3,9, 9 X305 90~ 90~ ~ I3.8 ~ S•~' ~ 8 ~~ti ~ 35~ N 87 °48 07 E 285 N~ \ • ~'s-~°'~. h 218.T86~ 66.14 g v ~':°'..t~' N~ COURT ~'I ~ ° ' \ n 06 R: s ~ ~ L> a 72' 6.(i6~ 90 15~ 90 32 3s O. ' / . 8' Eusernent~ 30,ds.2pert'ts"-~~ - - - - ~'''Jj'•-- A.. r3 Bu~~ r ine IS~Easement ~ 15~ Easement 3J~3,?36 ~ SepO~ / : / v /y0 p0' 8~ Easement N h' ' N ~ ~ ~ ~ ~ W~ ~ 137 N ~ 13 ~ y~ ~ ~ i i L _ 10' Easement • 10~ Eosement 126.54 ~ - - - - ~15' - - - -T - - - -r - - _ 90 90 90 111.53 ~ ~ ~ , - - - - ~~~4$1071 ~W - - - - - _ 6.74 N~Oo I 15~ E'asement ~ 15~ Eosement s O Eosement 8' Eosement 3 ( W D ' ~j ~ ~ t4 ~ - ~ 146 14 7 148 I ~ 149 a ~ b Eoseman~ ~ I ° °O 12 8' Easement ^ Mi 150 t 30~Buildin Line 2 N 0~ 2s , / h I I I d s. yo11'3~" B~ ~ ~.~A NNON PARK N ' ' ° ~ _ . ~.$7°48~07~~W _ i_ d=22onr'OS" 400 /6 E~A~S MECHWART HAM63L=ETON & TILTON INC. CONSULTING ENGINEERS -SURVEYORS ~ GAHANNA, OHIO LOT 132 SHANNON~~ PA~;.K SEC. 2, PHASE 2 VILLAGE OF OUBLIN, FRANKLIN CWNTY, OHq SCALE 1" = 30' MARCH b 1986 ~ DEED BOOK ,PAGE ~ IRON Plfi PLAT 800K 61 ,PAGE n r: Lot /20 Lot /28 _c N,~c~~3B ,E - - - • ~ I, ~ I I • /O'Eaasm~snt W' I Eassmrnt ~ I • ~ ' I :i~. ~ NB741?807~E ie I 15.A~ . Lc~ .l3/ ~ i9,sa r I . I LOt /33 ~ FOUNDATION ONLY I ~ ~ I ro.ao' b ~~o'~ ~1 • ~ 7. B w ~ ,.ea 81 ~ z ~ . 3oQ2 lj, i . I St,39' c~i ~ I ~ I ~ ~ ~ ra' ~ s8raaeb~"w ~ oo' I ~ ~ ~ • al GU/NNESS COURT _ ~ ` (50'~ ~ ~ ~ ~ . • NI ~ ' / I hereby declare to The Huntington Mortgage Canpany, that the su=vey prepared py Ina, and shown hereon, Was•actually made upon the ground and that it and the information, courses and distances shown hereon are correct, that the title lines and lines of actual possession are the same, that the size, location and type of buildings and improvemenC.s are as shown and all are Within the boundary lines of the property and that there are no easements, encroactments or uses affecting this property appearirq from a careful physical inspection of the same other than those shown and depicted thereon. This survey is madam I in accordance With the "Minimum Standard Detail Requirements for Lard Title Surveys, jointly established and adopted by ALTA and ACSM in 1 62. EVANS ME A T ET Tl ?ON, INC. Y ~ R.~IN•r•1 iw••p•r Na !1486 .EVANS MECHWART HA'M~BLETON & TILTON, INC. CONSULTING ENGINEERS--SURVEYORS GANANNA, OHIO LOT 133 SHANNON~~ p,A~h~K . . SEC. 2, PHASE 2 VIIIAGE Cf' ~UB!_IN~ FRANKLIN COUNTY OHIp SCALE 1" = 30' APRIL 5, 1996 - DEED BOOK~,_,, pAGE ~ IRON PIN PLAT EOOK 61 ?AGE LOf ~ . . LOr ,(c?~ ' Lot /2/ ~ _ EaC1M71w,~ • ~ - ~ I W I .qtr' ~s M N Q L I I'.i.6~ ~ ~ `V :a~ 2 ~ ~I - - ~ 2 BI ' Y 67• Lor /32 a se~o~"w, I 9.~ 3 ~ ~ ti Lor /34 ` ~ ~ y r~. . f R=io ~ . ~ ~ \ . ~ I Gn 33 ~ ~ GU/NNESS _ _ Gt~URT~ . ~ ~ i l~ i~~ ~ . , I hereby ~ declare to The Huntington Mortgage 'Cc:npany, that the surrey prepared - and shun hereon, was" actually made upon the ground and that it and the info=a~a~on~ courses and distances shown hereon are correct, that the title lines and lines of actual possession are the same, that the size, location and type of builds sand ? are as shown and all are within the boundary lines of the r ~ improvements easements, encroachnents or uses affecting this propert a p operty and that there are np y ppearing from a careful physical inspection of the same. other than those shown and depicted thereon. This survey is made in accordance with the "Minimun Standard Detail Requirements for Land Title Surveys"~ jointly established and adapted by ALTA and ACSM in 196. . EVANS MECHW T L O b Til I i r ~ • Rpl•a.•~ W?••~r« N•. 48S / ' s Jei , a~ • i i•; r t s. r t f ~ ~aID h ~i~ ~ ~ ; b' Eosement T _ 3 f2J ~ = r0 Eosement ~ ~ p ~ ~ r ~ = i 126 ~ a ~ ~ oAb ~pOd~ ~ LOCATION AAA • i~a~ ~ ~ 6Z• ~ ~ pry ~ ~ i ~ eb, 4 / I ~ i aw . ~ Y6~°~ ~ • ~ h Q~1 V s.ePls' Ds 9 ~ M \ l i ' r0' Easenwnt ~ N `YY l 1. , a N, MC-LINTY _t$ ~ ~ W Nd 6 83 E O dl. d6 t 66. N ~ f27 I "y / COURT ' ~ ` o 91.d6 ds ` N iei~p e • R,. ~ q+ t!' y 1 ~ ^ e v ~ ' '~oaj i ~ ~ ~ ~ 129 ` ~ p5 ~,o 128 i A ~ r~,,;~ ~ ~ • ~ ~~SEIKEtvT ~ ~ 1. 4 r ' ~ S96•/6'p/ "E 36~ _ ~ f ~ , r0 mast r b' Eo~e.^•en~ ~ ~ _ ry STv,zrrt = /33 ti tii . l30 3 S~wE2 ~ . ~ •o a ti ~ ~ l3f /32 g ~ 7 = Z f34 ~ N ~ ~ ~?,s R i , ~ d~ ` 3306 ' >o \ pld.di ~ 66.rs' / ; J i ~ zo COURT • ~'?.Od 6 ~ 90 90 32 3~ ~ ~ 0' 4' r s ~ S2 0 ?3 Eostment r5~ Eosemant .p0 i, _ _ ~ p°'/ . r~ 140 l39 _ = i l38 e a ~ ~ ~ , i~8' Eostenent ~ ~ ~ • !t~ +0'Ease,ner,~ 3 ~ y ~ l37° N; f3~ 1 ~ ha ?0~ Eosement ( b' Easerner» e~ - - - - - - - - - ---~rs. - - - --T _ - - - - ~D dD 90 Ill. ~ ~ _ r5~ Eosement r5 Easement ~ ~e , ~ , f ' ~EolHntnt iy ~ ..a r' 8 Eassment~ 3 ~ . , I ~ ~ ~ ~g r0 Easement r~ ~ 146 147 148 1.49 ~ ' 0 00 cc -s~-~, ~ a N 8 Eosement N fJ0 c ' ~ t iq~ . ~ ~ I P e A ~~/~i^ ~G~ ~ D E E D O F E A S E~M E N T KNOW ALL MEN BY THESE PRESENTS, That DUBLIN LAND DEVELOPMENT COMPANY, an Ohio limited partnership, (hereinafter "Grantor"), for and in consideration of One Dollar ($1.00) and other valuable considerations to it paid by the VILLAGE OF DUBLIN, OHIO, an Ohio municipal corporation ("Grantee" herein), receipt of which is hereby acknowledged, does hereby GRANT AND RELEASE to the Village of Dublin, Ohio, its successors and assigns forever, a perpetual non-exclusive easement in, through, over and under the following described 0.040 acre of land for the purpose of constructing, operating, maintaining, inspecting, repairing, renewing, replacing and removing all public and quasi public utilities above and beneath the surface of the ground, including service connections to adjacent Lots and stormwater drainage facilities, together with the right of access to said easement area for said purpose: Situated in the State of Ohio, County of Franklin, Village of Dublin, containing 0.040 acre of land, more or less, 0.018 acre of said 0.040 acre being in Lot 131 and 0.022 acre of said 0.040 acre being i.n Lot 132 as said Lots are numbered and delineated upon the subdivision plat. entitled "Shannon Park Section 2 Phase 2" and shown of record in Plat Book 61, Page 72, Recorder's Office, Franklin County, Ohio, said 0.040 acre of land being more particularly bounded and described as follows: Beginning at the southeasterly corner of said Lot 131, the same being the southwesterly corner of said Lot 132 and in a northerly right-of-way line of Guinness Court; thence South 87° 48' 07" West, with the southerly line of said Lot 131 and with a northerly right-of-way line of said Guinness Court, a distance of 14.06 feet to a point; thence North 5° 08' 49" East, a distance of 109.98 feet to a point in the easterly line of said Lot 131, the same being in the westerly line of said Lot 132; thence North 2° 11' S3" West, with the easterly line ,.F' of said Lot 131 and with the westerly line of said Lot 132, a distance of 25.35 feet to the northeasterly corner of said Lot 131, the same being the northwesterly corner of said Lot 132; thence North 74° 37' 38" East, with the northerly line of said Lot 132, a distance of 16.28 feet to a point ; Continued.... DEED OF EASEMENT - PAGE TWO DUBLIN LAND DEVELOPMENT COMPANY thence South 5° 08' 49" West, a distance of 123.97 feet to a point in the westerly line of said Lot 132, the same being in the easterly line of said Lot 131; thence South 22 11' S3" East, with the westerly line of said Lot 132 and with the easterly line of said Lot 131, a distance of 15.19 feet to the point of beginning and containing 0.040 acre of land, more or less. This Deed of Easement is executed, granted and delivered by Grantor, for itself and its successors and assigns, and accepted by Grantee, for itself and its successors and assigns, upon the following conditions, to-wit: 1. That the Village of Dublin, Ohio, shall and hereby agrees to be responsible and liable to said Grantor for any damage to buildings or structures and all other property of Grantor on premises awned by Grantor, its successors and assigns, caused by the construction, inspection, repair, maintenance, renewal, replacement and removal of the facilities herein provided for and hereby agrees to indemnify and save harmless the Grantor from all claims for damage to property or injury to any person or persons resulting either directly or indirectly from the construction, inspection, repair, maintenance, renewal, replacement and removal and/or of the failure of the Grantee to maintain the facilities herein provided for in good, safe and proper condition and repair, as far as same is allowed by law. 2. That Grantee, insofar as practical after the construction, inspection, repair, maintenance, renewal, replacement and removal of the facilities herein provided for, shall cause to be restored all of the Grantor's premises affected or disturbed by said operations and shall reasonably compensate Grantor for any property damaged or destroyed as the result of or in consequence of said operations and which cannot be restored to original condition. Continued.... DEED OF EASEMENT - PAGE THREE DUBLIN LAND DEVELOPMENT COMPANY 3. That no special assessment to pay the direct cost of constructing the facilities herein provided for shall be made against Grantor and no cost of any kind shall accrue to the Grantor other than normal charges imposed by law. 4. That rights granted herein shall not be construed to interfere with or restrict the use of the premises with respect to the construction and maintenance of property improvements along and over the premises herein described so long as the same are constructed so as not to impair the strength of or interfere with the use and maintenance of the facilities provided for herein. TO HAVE AND TO HOLD said premises unto said Grantee, Village of Dublin, Ohio, its successors and assigns forever, for the uses and purposes hereinabove described. IN WITNESS WHEREOF, DONALD W. KELLEY, General Partner in said DUBLIN LAND DEVELOPMENT COMPANY, has hereunto set his hand this o201~ day of U N~ 1986. Signed and acknowledged DUBLIN LAND DEVELOPMENT COMPANY in the presence of: ~ ~ w ~ BY Donald W. Kelley, General Partner STATE OF OHIO ) ss: COUNTY OF FRANKLIN ' BE IT REMEMBERED, That on this aUt~ day of --~clN~ 1986 before me, the subscriber, a Notary Public in and for said State, personally came the above named DONALD W. KELLY, General Continued.... DEED OF EASEMENT - PAGE FOUR DUBLIN LAND DEVELOPMENT COMPANY Partner in said DUBLIN LAND DEVELOPMENT COMPANY, who acknowledged the signing of this instrument to be his voluntary act and deed and the voluntary act and deed of said DUBLIN LAND DEVELOPMENT COMPANY for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. t,~. 4- . ~ l~l Notary Public SAL Notary Public, State of hlo • My commission expires 2.5.39 ~ My Commission Expires . , • This Instrument Prepared By: Grantor