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Home My WebLink AboutOrdinance 035-14RECORD OF ORDINANCES Inc. Forth No. Ordinance No. 35 -14 Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.002 ACRE, MORE OR LESS, PERMANENT STORM WATER EASEMENT DONATED BY JACK M. MCKITRICK AND SUE E. MCKITRICK, FOR THE PROPERTY LOCATED AT 5945 DUBLIN ROAD FOR THE IMPROVEMENTS OF A MULTI -USE PATH AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT. WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path along Dublin Road (the "Project'j; and WHEREAS, said Project requires that the City obtain a permanent storm sewer easement within Franklin County Parcel No. 270- 000400 owned by Jack M. McKitrick and Sue E. McKitrick (the "Grantors "), said property interest more fully described in the Exhibit labeled "A" and depicted in the Exhibit labeled "B," all attached hereto; and WHEREAS, the City desires to receive as a donation from Jack M. McKitrick and Sue E. McKitrick a permanent storm sewer easement described in the attached Exhibit "A" and depicted in the attached Exhibit "B" located in the City of Dublin, County of Franklin, State of Ohio; and WHEREAS, this donation will require Jack M. McKitrick and Sue E. McKitrick to execute a Grant of Easement to the City of Dublin without consideration or compensation. NOW, THFEFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring, that: Section 1. The City Manager is hereby authorized to accept and receive a deed of easement for a permanent storm sewer easement related to the donation from Jack M. McKitrick and Sue E. McKitrick. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. this 4 of 2014. — Presiding Officer ICI - 1 "7�1 Clerk of Council AF Wrodd.; r ATTORNEYS MEMORANDUM To: Dublin City Council Marsha Grigsby, City Manager Paul Hammersmith, City Engineer From: Philip K. Hartmann Date: May 1, 2014 Re: Ordinance No. 3 5 -14 Dublin Road South Multi -Use Path Project Jack M. McKitrick and Sue E. McKitrick - Donation PROJECT BACKGROUND The City of Dublin ( "City ") is preparing to construct a multi -use path along Dublin Road (the "Project "). The City is obtaining certain permanent property interests from various landowners to construct the path, as well as also acquiring temporary easements to perform minor grading and construction. Jack M. McKitrick and Sue E. McKitrick (the "Grantors ") own one of the properties from which the City desires a permanent storm water easement. This property is identified as Parcel No. 270 - 000400 and is located at 5945 Dublin Road, Dublin, OH 43017. The City has reached an amicable resolution with the Grantors. This Ordinance authorizes the City Manager to accept a donation of the necessary property from Jack and Sue McKitrick. PROPERTY TO BE APPROPRIATED The appropriation consists of the following property interests, as depicted in the map attached hereto: Franklin County Parcel No. 270 - 000400 Permanent Easement 0.002 acre, more or less Frost Brown Todd LLC Memo re. Ordinance 35 -14 — Easement Donation — Jack and Sue McKitrick May 1, 2014 Page Two RECOMMENDATION The Law Department recommends approval of Ordinance No. 35 -14 at the second reading/public hearing on May 19, 2014 to accept the donation from Jack M. McKitrick and Sue E, McKitrick and continue moving the Project forward. Portion above reserved for County Recorder, Engineer and Auditor's Offices i!se PERPETUAL EASEMENT FOR A STORM SEWER THIS PERPETUAL EASEMENT FOR A STORM SEWER (the "Easement ") is made and entered into this day of 2014, by and between Jack M. McKitrick and Sue E. McKitrick ( "Grantors "), whose mailing address is 5945 Dublin Road, Dublin, Ohio 43017, and the City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantors own the real property known as Franklin County Auditor's Parcel No. 270 - 000400 (the "Grantors' Property"); WHEREAS, Grantee desires to accept and receive as a donation a perpetual storm sewer easement over those portions of the Grantors' 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 storm sewer; and WHEREAS, Grantors desire to donate a perpetual storm sewer easement 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 Pemetual Easement Grantors donate and grant 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 lines, conduits, valves, regulators and all other appurtenances necessary, in Grantee's sole discretion, for the operation of storm sewer and drainage facilities within the Easement Area (collectively "Facilities "); (ii) to add to, operate, maintain, repair, replace or remove any Facilities; and (iii) of ingress and egress over those portions of Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably practicable after installation of the storm sewer, including any alterations and repairs thereto, and completion of the grading work shall cause the Easement Area to be restored to its 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. Grantors have the right to enter on the Easement Area for any purpose whatsoever provided such entry by Grantors does not in any way impair or hinder the rights granted to Grantee in this Easement. 2. Relationship of 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 grantors and grantee of the rights and easements set forth herein. 3. 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. 4. Severability 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. 5. Capons 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. 6. Governing Law This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. 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. 8. 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. 9. Authori ty . Grantors represent and warrant that they have the full right and authority to enter into this Easement and grant the rights hereby conveyed to Grantee. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. GRANTORS: GRANTEE: City of Dublin, Ohio, an Ohio Municipal Jack M. McKitrick Corporation Sue E. McKitrick Marsha I. Grigsby, City Manager [ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE] STATE OF OHIO ) )ss. FRANKLIN COUNTY ) BE IT REMEMBERED, that on this day of , 2014, before me, the subscriber, a Notary Public in and for said county and state, personally came Marsha I. Grigsby, 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 subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public STATE OF OHIO ) )ss. FRANKLIN COUNTY ) BE IT REMEMBERED, that on this day of 2014, before me, the subscriber, a Notary Public in and for said county and state, personally came Jack M. McKitrick, Co- Grantor, 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. Notary Public STATE OF OHIO ) )ss. FRANKLIN COUNTY ) BE IT REMEMBERED, that on this day of , 2014, before me, the subscriber, a Notary Public in and for said county and state, personally came Sue E. McKitrick, Co- Grantor, who acknowledged the signing thereof to be her 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. Notary Public This Instrument Prepared By: Philip K. Hartmann Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 COLUbIary0127206.0607928 534457vl EXHIBIT A loft CIP 08-009 PARCEL 24 -P PROJECT DUBLIN MUP Version Date 0421114 PARCEL 24-P DUBLIN ROAD SOUTH MULTI -USE PATH PERPETUAL EASEMENT FOR A STORM SEWER Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey 2419, being a part of Lot 4 LEPPERT SUBDIVISION as recorded in Plat Book 27, Page 13, as conveyed to Jack M. and Sue E. McKitrick, by deed of record in Official Record 4705 G14, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning for Reference at the southeast corner of said Lot 4 in the existing westerly right -of -way line of Dublin Road, being 40.00 feet left of centerline station 147 +69.39; Thence North 05 deg. 26 min. 35 sec. East, a distance of 39.49 feet along the easterly line of said Lot 4, and along the existing westerly right -of -way line of Dublin Road, to a point being 40.00 feet left of centerline station 148+08.88, and being the Point of True Beginning; Thence North 84 deg. 33 min. 25 sec. West, a distance of 10.00 feet across said Lot 4 to a point being 50.00 feet left of centerline station 148+08.88; Thence North 05 deg. 26 min. 35 sec. East, a distance of 10.00 feet across said Lot 4 to a point being 50.00 feet left of centerline station 148 +18.88; Thence South 84 deg. 33 min. 25 sec. East, a distance of 10.00 feet, across said Lot 4 to a point in the easterly line of said Lot 4 in the existing westerly right -of -way line of Dublin Road, being 40.00 feet left of centerline station 148 +18.88; Thence South 05 deg. 26 min. 35 sec. West, a distance of 10.00 feet, along the easterly line of said Lot 4, and along the existing westerly right -of -way line of Dublin Road to the Point of True Beginning, containing 0.002 acres, more or less. Of the above described area, 0.002 acres are contained within Franklin County Auditor's Parcel 270- 000400. Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83 (86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control Monuments "FRANK 73" and "FCGS 6642 RESET". This description was prepared by Steven E. Rader, registered surveyor 7191, and is based upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc., under the direction of said surveyor. Grantor claims title by the instrument of record in Official Record 4705 G14, of the Recorder's Office, Franklin County, Ohio. A drawing of this description is attached hereto and made part thereof. .•``� je OF 0 �'••, STANTEC CONSULTING SERVICES, INC. ••,� .............. �; • s, � 4/z1 /1 * : 1 : STEVEN t — E. = _ Registered Surveyor No. 7191 Date RADER 7181 :0 •• PORTION OF THE PROPOSED EASEMENT LYING WITHIN AN EXISTING EASEMENT EXHIBIT B O I I LOT 5 LEPPERT I I LOT 3 SUBDIVISION I I L4 P.B. 27, PG. 13 10.00' LS LOT 4 10.00' w I I w 3w I I 0 p 3 ° o O 3 O m rn 24 JACK M. &SUE E. McKITRICK CD 270- 000400 n w0 O.R. 4705 G14 � 0 WI 0w 1 O QN C) OJO I J I 23 x 25 3I I 24 0.002 ACRES _p ( "• 0.001 ACRES) I I 148+08.88 148+ 18.88 I I 50.00 LT. 50.00' LT. d L3 PERM. ESMT. EX. E EX. ESM s EX. R/W — — _ L1 — — — e — — — e EX. R/W 148 +18.88 147+69.39 148 +08.88 40.00 LT. 40.00' LT, 40.00 LT. a 11POINT OF TRUE 147 +00 148 +00 BEGINNING 149 +00 N 05 E _ DUBLIN ROAD �— ORIG. TANGENT C/L BEGIN FOR REFERENCE EX R/W NUMBER DIRECTION DISTANCE MONUMENT LEGEND PARCEL 24 —P DUBLIN ROAD SOUTH s E 39.49' L7 N 05'26'35" 17 R.R.S. FOUND MULTI —USE PATH L2 N 84'33'25" W 10.00' O REBAR FOUND L3 N 05'26'35" E 10.00' O IRON PIN FOUND WASHINGTON TWP., FRANKLIN COUNTY, OHIO ® MONUMENT BOX 0 40 so • 3/4" IRON PIN SET SCALE M FEET Prepared By 0 F., p = B ASI S B EARING S B E y �� Inc. 9ho n PROJECT BEARI G DATUM IS BASED UPON STATE 0 P STEVEN 1900 Lake e ui eN p0 PLANE GRID BEARINGS FROM THE OHIO COORDINATE *co; E. i a k Columbus, Ohio 43204 SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED RADER " ° Pho ne: (614) 466 -4383 ^ USING G.P..S. METHODS THROUGH THE FRANKLIN "FRANK ", � 71 91 c � ? r ` s COUNTY ENGINEER'S STATIONS 73 AND "FCGS 6642 RESET'. t' i =_FSS I , sTEa J� + �J� CJ �/ 5 i i�1�1, / ONAL dIII Registered Surveyor #7191 Dote L4 S 84'33'25" E 10.00' LS S 05'26'35" W 10.00' 0 � � I THOMAS A McDOMELL AND I I I I I ALIEN E. McDOMELL, TRUSTEES DATA CURVE NO, 19 CURVE I I IX. 1 QI _ P.I. STA. 47 +48.79 A - 00146'47" m. U. ESMr. � p Dc - 01'08'43 JACK M. R AND SU THOMAS E McKRRICK R I I - 3000.00' 45 AS A McDOWELL T - 34.03' ALLEN E McDOWELL, TRUSTEES 1 +E GARY G. k COLLEEN D. GREEN L - 88.03' I /8001 E- 0.12' P.C. STA. 47 +04.78 7- P.T. STA 47 +72.81 t . �1 , r � x (RAR) t I IX. R/W i ' �x 1 ( WALL 9 TEMP 6Mf. W t3 TEMP. ESMf. WALL 7- (R �' (RR) WORK WrrS � N _ I -- _ , IF I ..,..._ ., ,. w ,. U . 12 SM ID CURVE \NO 19 E. MULTI - USE PA E ! 1FH (RR Ez b .SAH LIMITS (DND) E 2 .,M L_ 5 -I CTN (OND) IX 10' 15: WORK LIMBS TAOAHLN)MLI DUBIJN cc. le _ z - L— T (AO�WIYINF.D1'`. (RR) O Ez (36- 'A' Sim W O R =� w EX. B1W 0. l B - KKK - SOIL BORING 0 TP - - TEST PIT z RD - REMOVE AND DELIVER TO THE OWNER Q / RR - REMOVE AND RELDCATE IS9 Qz /se4o 60 `� . / � = TOLbBE REMOVED 5 `\\ uRATG ADAM TO GRADE 0. DE • - PER RECORD PLAN ER CONTRACTOR TO LOCATE 1n FOR DRIVEWAY DETAILS, SEE SHEET 44 ® - GRASS PAVERS, AS PER PUN OHWM U - ORD9RMRY HNiR WAT MARK FOR T PLAN, SEE SHEET 38 - RELOCATED STONE WALL G.U. MR BUT - GENERAL UTILITY EASEMENT w m TR:E PRESETNATKIN PLANLSl2 BEET 92 0SM - D DRN. NAGE EASEMENT J 7 + 49 +00 50 +00 51 +00 i Q � a w U) zF z � J m =