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Home My WebLink About41-91 Ordinance - ..-.~~---""'.,"",._, - . . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 II . - _._~ I Ordinance NO'm_~J__9.L____ Passed _____uo___m ________m___19______ I l~= ".... AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST AND BEST BID TO ""'" CONSTRUCT A SANITARY SEW AGE DETENTION BASIN, AMENDING THE ANNUAL APPROPRIATIONS, AND DECLARING AN EMERGENCY WHEREAS, the Director of the Ohio Environmental Protection Agency has issued Findings and Orders dated September 14, 1990, which require the City of Dublin to initiate construction of a sewage detention basin by July 1, 1991; and, WHEREAS, the City of Dublin has studied the alternatives for providing such a sewage detention basin, and the conclusions and recommendations of that study have been accepted by the Ohio EP A and the Dublin City Council; and, WHEREAS, Woolpert Consultants has prepared Plans and Specifications for a 750,000 gallon sewage detention basin to be constructed along the east side of Dublin Road between Karrer Place and Short Street; and, WHEREAS, after advertising and receiving bids and opening said bids on June 3, r"-.... 1991, for the construction of the sewage detention basin Council has determined that the lowest and best bid for said project is from Central Ohio Builders, Inc., in the "'~t<"" amount of $1,001,000 (One Million, One Thousand Dollars); and, WHEREAS, it is necessary to amend the annual appropriation ordinance for the purpose of appropriating funds to pay the costs of the construction of the sewage detention basin, the acquisition of the land, the installation of landscaping, and related expenses; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, " of the elected members concurring that: Section L The bid from Central Ohio Builders, Inc. in the amount of $1,001,000 (One Million, One Thousand Dollars) be, and hereby is, accepted. Section 2. That the amount appropriated for transfer from the General Fund from account 01-02-15-2715 to the Capital Improvement Tax Fund be decreased by $1,500,000 (One Million, Five Hundred Thousand Dollars) and the account 01-02- 15-2722 be created within the General Fund for transfer to the Sewage Detention Basin Fund with an appropriation of $1,500,000 (One Million, Five Hundred Thousand Dollars) and transfer made to establish said fund. I""""" Section 3. That there be appropriated from the unappropriated balance in the Sewage '-- Detention Basin Fund to account 50-03-14-2510 the sum of $130,000 (One Hundred Thirty Thousand Dollars) for the acquisition of land and related expenses and to account 50-03-14-2560 the sum of $1,370,000 (One Million, Three Hundred Seventy Thousand Dollars) to pay the costs of the construction of the sewage detention Q3:sin, the installation of landscaping, and related expenses. Section 4. In the event the City Manager is able to obtain approval from the Ohio Environmental Agency to defer the construction of the sewage detention basin, the City Manager may elect not to execute the construction contract for the basin. I i -. ~---,.~<<~.~".=..~~. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 r----- I I Ordinance NO.-----41-9-1nm-- Passed___m___ __ ____n_ ______ __ __19 __ ____ I I , ,~c=c.==n I 1 ",.... Section 5. That this ordinance be, and hereby is, declared to be an emergency """'" measure due to the need to comply with the Orders of the Ohio Environmental , i Protection Agency. This expansion will directly affect the City's ability to maintain I I the health and welfare of this community by further reducing the possibility of I i sewage overflows during periods of peak rain. , I , 1991. "- I ATTEST: I I ~d~~ I Cl rk of Counci .. ~~ i J hereby certify that COTes of th, Or:l'n'll'l" Rl'!!o!uf:on were posted in ~e City of Dublin in at(O~da:~m \'I:th Se:foil 731.25 of the Ohio Revised Co~e. ~ . ,-.. ~ . erk of Council, Du in, Ohio , , , """', I ,,,,.... '-" I - ~ "".. ~ ,.~,~"~.."",~o""'"",,,=,~'._~.~._~_.,"~~.~^~...,-.=o ~.~...~=- _.""',.~~_._---- . . . > .' m R..I Est.l. Purch... Conlr.ct @m Adopled by The Columbus Board 01 Reallors and by The Columbus Bar Assoclahon " Is recommended Ihal an parllllS IlEAlIOIl' be repreSenled by legal counsel ..-..-..----- - '.. .. .19.. '- The undersigned Buyer .grees 10 buy .nd Ihe undersigned Selle, .grees 10 sell.XllODOktoDCHlIOIIllCr, upon Ihe lerms hereinahe, S.. lOfth, the 101l0WI"IJ 'II' ."... Iouled ,"Ihe S'lle 01 OI1io, Counly 01 .EJ::IDlJ)1 i.n.,_..b.e.in.9. ...a. 1.1:4 acre plus or minus tr ac t whi ch is par of a 6.52 acre tract along with two permanent general utility and access easements, all of which are more fully described as parcel "A"(purchase), are 1. On lhe lollowlng l111m.: B (easement) and area C (easement) on the survey drawing entitled Purchase Offer Exhibit Drawing, dated April 24, 1991 attached hereto as Exhibit l. See Exhibit II A" , entitled Addendum to Real Estate . Purchase Contract attached hereto and incorporated ,- herein if fully rewritten. as 20 PO.....lon: Upon closing 3. Evld.ne. 01 Tille: Sene, sh.R lurnlsh and pay lor an owner'llillelnsurance commllmenl'nd policy lAllA Form B 11970 REV 10017070 & REv 10.17.8-"1 In Ihe amounl 01 lhe purchase price. wilh copy 01 Subdivision 01 condominium pial. The lille 'vidence sh.. be cenilled 10 wilhin 30 days p"orlO CloSIng wllh ,noo.Stm,n' as 01 8 00 A.M. on lhe buSIness day plior 10 Ihe date 01 closing. an in accordance with Ihe slandards 01 Ihe Columbus Bar Associahon. and Shall show .n Seller rrar"elabl, hlle In lee timple hee and clear 01 an bens and encumbrances excepl: 1.llhose crelled by 01 assumed by Buyer; Ibllhose specdically sellonh .n Ih.s COnlraCI ICI zoning orOlnances Idllegal hoghways: and ('1 covenants. reslriclions, condilions and easemenls 01 record which do nol unreasonably inlerlere Wllh prllSenllawlul use Bu~.r Shall pa~ any add,lion.1 costs incurred In connection with mortgagee insur.nce issued lor Ihe pr01ection 01 Buyer's I.nder. II B~er desires a survey. Buyer shall pay Ine C05llhe.eol "Iillelo a. 01 pan 01 IhIt real eslale is unmarkelable. as d.lermined by Ohio law with relerenca 10 Ih. Ohio lal. Bar Assoclahon's SlandardS 01 T'lIe E.am.nahon or 's subjecllo 'i.ns. .ncumbrances, easemenls. Condilions. reslricllons or .ncroachmenls olher Ihln 'host exc.pled In Ihis contract. Seller shall wllh,n Ihlny 130, oays aher .."nen notice lhereof. remedy 01 remove Iny such del,cI, lien. encumbrance, easemenl. cOndilion. reslriclion or encroachm.nl or oblaln loll. Insurance wllhoul eaceploon 'herelor Al closing ~lIer shaR sign an allidavil wllh respecl 10 ollorecOld lille mailers in accordanc. wi'h Ihe community cuslom. 4. Deed: Sener shan convey 10 Buyer marke'able hll. in lee slmpl. by !rlnslerable Ind recordable general warranly deed. Wllh release o. dower. " any. or hduc.ary de.d IS epproprilile. Ir.e and clear 01 all liens and encumbrances no. exe.pled by lhis conlract. and exc'PII"IJ Ih. lollowlng: 5. T.... and A.....m.nl.: Al closing. Seller shan pay 01 credit on purchase prlee all delinquenllax.., including panally and IOle.esl. allUstssmenlS wh,cn are a "en on the d.11l 01 conlracl and all Igricullural use lax recoupm.nlS 101 years prior 10 Ihe year 01 clo.lng. AI closing, Seller shall also p.y or credrl on Ihe purChas. !I're, all olh,r unpaid real eslatelaxel which are a I,en 101 years plior 10 closIng and a por1ion 01 such IU's and agricullurl' use Iu recoupm.nts 'or year 01 CloSing proraleo IhrOugh oall 01 CloSIng and based on 365 day year and. if undelermined. on mosl recenl avallabl. 'ax rale and valualoon. giVIng .lIecl 10 apphcable ...mpllOns recenll)' ..oleo m,"age CN1: III valuallOn. elc., whelher 01 nol cenlhed. ner warranls Ihal no improvemenlS 01 Services (Slle 01 Ireal hay. be.n Inslall.d 01 'urnlshed. 01 nohhcahon rece,ved trom publre aulhollly or oo\ne's asSOCiatIon 01 MUfe ornprOVemenl. 01 which any pan ollhe cosls may be .S"Sled .galOSllhl real esl.'e, exeepllhe 'oIlowong: ' -------------.--------.--.---- .-.__.... - .-. ,.. .. INone .1 riOlh'ng In..nea , ,." .", . .W"' 0" '.. ~v . ';' .~ .. l~ ':.- ./ . ~ '.' ., .. .., ., " "10 ,., .nv V! 2 ." ""'"" I -:'To . . -= . '::'-... -. 0" /? .~,~ , . .v. :., :.;: :~. -. ~ .. ..' . ~. ';": v.... .~vo 'V' . -/I' :.i" ~' / 'V 'Phe I.....~.I aha' 118 1""II4Iell: .--.---.-- . -.- . -- . .. -........ L' .. - . . '~O..- .... 'OM. .". 0' ..' .... . . .~. .~ ~,,-;' v. . 'vr D '" 'V' D \lD' ." . ".... .." .., 0" . ,""",ft'" ,;" ...: ,..~ ~ 0;.::' '~'- . ~_... ,...- ~.. .~ ." ."..~. ,-, ~ o~ t;;. ':"'VI""'~1 ,. , :;,.I' .. :..... . . ~. 'r' '" ., . . -, 0' .......- .. ':. 'Y' .0. ./:. -........ .-./ . ...- ...-. --.. ._-. ..---. ........-. . .-...-. --.. . .. ,", L.. ;-;. . ....- . or' ..-., . -...: ,gO .,. .;.1 ;,.' . 'v, v~..v .v' v~ "'i.. ., . Y'YO' . .,,:' -...;,: -In Ih~ ev.nl 01 a di~I' over Ih. disposilion -;;'Ihe'deposlt. Broker shall re1ai~ Ih. d.posil Unlil(;1 Buyer .nd Sell.r hav' StllleO Ihe O',pule ,.., O'SpO',hon nas D..-c<" OIdered by a lIOal coun order: or liiil Broker deposils said amounl with a coun pursuanl 10 Ipplic.ble coun proc.dures. 13, Mlle.llaneou.: Buyer has examined an rroper~ involved and, in making Ihis oller. is relying Solely upon such e.amlnaloOn ...Ih reference '0 Ine :onO,I,on .:nol'a.:I!.'. and sIze o'land and improvemenls and Irxlures. i any. his Conlrac' constitules lhe enhre ayrlemen. and Ihere are no represenlahons, oral or wllnen .,tllCh ha.. nJI bolen 1nC00lIOIaled herein. T,me is ollhe essence o. all provisions o'lhls conlract. All provisions 0 Ihrs conlracl shall survIve Ihe c1os,ng In complIance ""In la.r no",s,n; "AS n,;) party shaR III any manner discriminale againsl any purchaser 01 purchasers because 01 rac.. cre'~se. or nar:r' orogln 91 14. Durallon o. Offer .nd Clollng: This oller shall be open IOIacceplancl 10 midnighl . _.__o~_ne_,........, .. .. ., , . 19 Tn" -' contr.ct shall be perfOlmed and Ihis Iransachon closed wilhin___ ~.Q__.____ dllYs aller acc.planc, hereol. unlllSS Ihe part,es ag.ee In Wllhng 10 oIn e-","s",n With this period,Seller agrees to close within 5 da~s of Buyer's notification to Buyer ack~s receipt 01 a copy ollhis, conlracl. The undersign. agrees 10 and accepts Ih, 'orego'ng Oller C 1, -~ Hansley-;-Ouolin ",.-- --'- Seller shell p.y a brokerage 'eeo' '_.. .. . . Tl.mothy C. Cl. ty Managero'lhe purchase price in connecllOn wllh Ih.s IransacllOn 6665 Coffman Ra:-" .---------muyeij S.lIer acknowledges rec.ipl 01 a COpy O'lh.s conlract. Addles. Duh 1 :i n , OH 43017 Phone ..6.liLlll.=.6.5 0 0 Tfiomas A. MCDowell . ~.. -...- -. - Deed 10 __ . -- .-.--.-----.-.----- ---- ~.. .--.. . .. - ~ .,;.... -.. - Step.hen J. Smith --.-....--.-..-... Name of Buytf'1 AI10mty Addr... -.- . .. '0 .. Phone Signed \hI. d.y 01 .._ _ ._. . 0 _. .19 tar NariiiOiSiiiiiiAttOiney 0._ . , . CBR ano CB" 1988 --- .....,...,.. Broker acknowledges receipl o'lhe sum o. $._____0____.._____ by cash/check which shall be held. depoSited and dIsbursed purSuanllo parag.a;>h 12 aDo. I! By ---.. .._____._0__,___ _ _________._0__ - _....,._...._,_..__.._--_...._~._,~_...,._.">-----~~~..~.. . ....~~-"._..._-~ - " ' " EXlIIBIT "A" ADDENDUM TO REAL ESTA'fE PURCHASE CONTRACT This Exhibit is attached and incorporated to the Real Estate Purchase Contract between Thomas A. McDowell (Seller) and the city of Dublin, Ohio ( Buyer) , for the purchase in fee simple of a 1.4 acre plus or minus tract and in addition thereto, two permanent general utility and access easements, all contained within a 6.52 acre tract deeded to Thomas A. McDowell, located south of the intersection of High Street and Short street and bounded on the east by the Scioto River, in the County of Franklin, Township of Washington, and more fully described in Exhibits 1 and 2, attached hereto and incorporated herein. On the following terms: + a. The purchase price for the fee simple and easement "f'!"''' interests shall be One Hundred Twelve Dollars ($112,000.00). This figure is subject to adjustment based upon the actual total surveyed acreage contained only wi thin the portion of Exhibit 1 shown as parcel "A" (purchase) , times Eighty Thousand Dollars ($80,000.00) per acre. . This figure and/or any adjustments thereto shall constitute the full purchase price for both' the fee simple acquisition and the two permanent general utility and access easements. b. Buyer shall obtain at its own expense its own evidence of title. ,~ ~~.~- - compliance with OEPA guidelines and mandates. . As and for additional consideration for this purchase, the parties agree as follows: (1) The pre-existing commitment between the parties to waive Seller's tap fees as part of the previous sewer ~~" easement, attached hereto as Exhibit 2, is hereby adopted and fully incorporated into this Purchase Agreement. Further the parties agree to execute at closing a cancellation of the aforementioned Sewer Easement Agreement, attached hereto as Exhibit 2. (2) Buyer hereby agrees to work with Seller in the future in an effort to relocate the access easement described in Exhibit 1 as area B (easement) if it is subsequently determined that the aforementioned access easement may be relocated to another portion of Seller property and still provide satisfactory access as reasonably determined by the Buyer to Parcel (A) as designated in the aforementioned Exhibit. The expense relative to any such relocation shall be borne by the Seller. (3) Buyer agrees to maintain its access easement as set forth in the Karrer Place Access Agreement, and will utilize said easement as well as the easements set forth herein for facility maintenance, operation, repair and construction of the detention basin, lift station and related appurtenances. (4) Buyer agrees to provide Seller with a pin survey, and a copy of the new boundary survey indicating the location of all lands purchased and the new easements conveyed. (5) The Buyer agrees to erect a temporary snow fence around the perimeter of the construction site of the new sewage detention basin so ~ lU - . Ii ~ ". . as to help eliminate encroachment of the construction equipment on Seller property. (6) The Buyer agrees to cover, bury and landscape the proposed detention basin in order to reasonably screen it from view to the north, as much as is practical. Further, the Buyer agrees to generally landscape the site in order to screen the improvements as much as practical. (7) The Buyer agrees to install mounding owith trees and grass just north of the 36 inch aerial sewer to help screen the existing odor control building and pump station. (8) The Buyer agrees to provide Seller with a complete set of final construction plans for the sewage detention basin and any future force main or sewer which may be constructed upon parcel A as set forth in Exhibit 1. (9) The Buyer shall attempt to limit exterior lighting at and around the detention basin so as to minimize glare on the adjacent properties and to the extent possible, to utilize such lighting only during those times when service, maintenance and construction is being provided. However, minimum lighting requirements needed to provided for the safe and secure operation of the facili ties will be de"termined by the Buyer. (10) The Buyer agrees to grade, landscape and reconstruct the existing stone fence in the area just east of the existing barn on Seller's property, as set forth in the landscape plan attached hereto as Exhibit 2. f. Area C (easement) as set forth in Exhibit 1, which is the location of a portion of an existing temporary easement for overflow discharge into the Scioto River (labeled as "sanitary 1"""" .~_.~_~"'_~~____'_"'.__"._"__"'<>.'H~~,..~_" ..... '.."-""'- -"'>>._,~-~-- , .....- -- - . c. Buyer'S obligation to purchase shall be contingent upon a satisfactory Phase I Environmental Assessment paid for by Buyer. In the event this report discloses any hazardous or toxic waste materials or underground storage facilities related thereto on the Property, the Seller may elect to remove these hazardous materials and/or contamination to the satisfaction of the Buyer. If the Seller elects not to remove the hazardous materials and/or contamination, or in the event that any attempted removal is not to the satisfaction of the Buyer, .the Buyer may elect to terminate this Agreement without any further liability or obligation to either party. : d. The parties hereto acknowledge that the Buyer . 1.S purchasing this Property with the intention of installing a 750,000 gallon sewage detention basin thereon ,. pursuant to a , mandate from the Ohio Environmental Protection Agency (OEPA) . Seller acknowledges that if at any time prior to closing, the OEPA for any reason, would relieve the Buyer of this mandated obligation, the Buyer then at its sole discretion may choose to nullify the purchase agreement for the subject property without any further liability or obligation to either party. e. It is understood by and between the parties that the Buyer intends to construct and operate a new sewage detention basin along with the existing lift station, all pursuant to OEPA mandate and guidelines. As such, the Seller, his heirs and assigns, hereby waives any and all claim they may have based upon public or private nuisance and/or damage to Seller's residual parcel so long as Buyer operates the detention basin and lift station reasonably and in ".,. . ~..._"'"~.._._._,~...,___~._._"..._..._.,__._~_,".",."',;.....'..._~_.,;...."".L. ~"._~--~~~~ " "', sewer easement") shall become a permanent sanitary sewer easement. g. Any and all closing costs and miscellaneous expenses, except taxes and assessments shall be charged to the Buyer at closing. h. This contract is contingent upon approval and appropriation of necessary funds by the Dublin city council to be completed on or before the last meeting in June. i. Upon acceptance of this ~ontract by all parties, Buyer shall tender the sum of One Hundred Dollars ($100.00) to Seller as and for a deposit. If Seller fails or refuses to perform or if contingency herein . not satisfied or waived, the deposit any 1.S shall be returned to the Buyer. Upon closing, deposit shall be applied on the purchase price. If Buyer fails or refuses to perform, the deposit shall be retained by the Seller. ~ .; BUYER: , . CITY OF DUBLIN By: Timothy c. Hansley city Manager SELLER: Thomas A. McDowell - ""~_.",_~,~.,"~.,_.~",,,_,"_.",",.~,.,",",,~'.~~.,,_~w.~_~".'~ ., _~'~.._M___.'."'~_ ~ ~ ~ CIT" OF DUBLltl 6147616~82 p.e.z '0 EXliIBIT" 2" , 5 2 2 9 G , 5 ' "', II:~~ A." I 05'1334 nMt-~~co..~ 1131 ~ ;@'U~!i QgQ OF EASEMENT, MAY 221990 EASEMENT AGREEMEN~ AND JOSP'II W. llSlll. ~ CAN LLATIO~_Of EXISTING EASEMENT f,R'IfUS ~oO - D IN DEED BOOK 3531, PAGE 624~O KNOWN ALL MEN BY THESE PRESENTS: That THOMAS A. McDOWELL, unmarried, of 5258 Wilcox Road, Arnlin, Ohio 43002-9722, Grantor, in consideration of the sum ot One Dollar ($1.00) and other valuable consideration to him paid by the CITY OF DUBLIN, OHIO, an ohio municipal corporation, of 6665 Coffman Road, DUblin, ohio 43017, Grantee, the receipt of which is hereby ~cknowledged, does hereby GRANT AND RELEASE to the said Grantee, the City of Dublin, Ohio, its successors and assigns, two (2) te~porary, non- exclusive easements for the purpose of access, construction and operation of a sanitary sewer pump station, odor control building and related facilities and equipment, over and through the real estate situated in the county of Franklin, State of ohio and in the City at Dublin, to wit: Being a twenty-five (25). foot temporary, no~- exclusive sanitary sewer easement as described in Exhibit "A" attached hereto and made a part hereof, as shown upon the drawing attached hereto and made a part hereof as Exhibit "A-l", and ~ Being a temporary, non-exclusive pump station easement as described in Exhibit "B" attached hereto and made a part hereof, as shown upon the drawing attached hereto and made a part hereof as Exhibit "B- 1". THS ATTACHED EASEMENT DESCRIPTIO~S AND DRAWINGS WERE PREPARED BY WOOLPERT CONSULTANTS UNDER DATE OF MARCH 28, 1990. GRANTOR'S SOURCES OF TITLE: Deed BOOK 2385, page 97 and Deed BOOK 2395, page 672. The sanitary sewer easement hereby granted sup~rsedes and replaces the easement hereto~ore granted by Grantor herein ~o Grantee herein recorded in Deed Book J~31, page 624, Recorder's Office, Franklin county, Ohio. Therefore, the city of Dublin, Ohio, formerly the Village at Dublin, Ohio, Grantee in the easement recorded in Deed Book 3531, page 624, by the execution hereof, hereby CANCELS AND TERMINATES the easement recorded in Deed Book 3531, page 624 and hereby requests and directs the \ nAIL Recorder to crOSS index the official racorded 11 within Cancallation to the aforesaid Deed Book 3531 p~SffRRED ~.,l, -/. : CONVEYANCE~AX NOT NECESSARY: 5t....... S"';1~ pEXEMPTQ fJ NAY 2& 1990 I ,- <" C, t!.....'" ....14., 'J o~, . PALMER C. McNEAL -- . ~. :- I" - - - - .. ... -- - - - - ..-----------. -. -- -----(...--------_... --- -- 0: I T'( OF' [IUBLIH 6141616~82 P.03 .. rS229GJ6 The within Deed of Easement is granted, executed and delivered by the Grantor, for himself and his heirs and assigns, and accepted by the Grantee, for itself and its successors and assigns, upon the tollowing conditions, to all oC which the Grantee hereby agrees: 1. The easements hereby granted shall t~~rninate and the improvements placed thereon by Grantee shall be removed by Grantee at Grantee's expense (i) within six (6) months from the date that Grantee . able to ~s connect and/or otherwise tie into the west branch sewer to be constructed primarily by the city of Columbus - with assistance from the Grantee herein, or (ii) by mid-night, December 31, 1995, whichever is earlier. At the expiration of the six- (6 ) months' period atter the time that Grantee is able to so connect and/or otherwise tie into the west branch sewer or by mid- night, December 31, 1995, whichever is earlier, the two temporary, non-exclusive easements bereby granted shall automatically terminate without further act or action on the part of Grantor or Grantee herein unless extended pursuant to the provisions of parI graph 2, below. If by such termination date or the extension thereof, Grantee has failed to remove the improvements placed upon the premises by Grantee, such improvements shall tnereupon automatically vest ,and become the property of Grantor, without furthe~act or action on the part ot either the Grantor or Gr~ntee herein. 2. In the event. that Grantee is unable to connect and/or otherwise tie into the west branch sewer as set forth above, on or before December 31, 1995, Grantee shall have the absolute right to extend the easements hereby granted in one-year increments for up to five years. To exercise its right to an extension, Grantee shall notify the Grantor in writing at least -=.hirty (30) days prior to the expiration of the original five- year term or any subsequent one-year extensions thereof and as and for further consideration for the extension, Grantee shall pay Grantor the sum of six Thousand Dollars ($6,000.00) for each one-year renewal period, payable within thirty (30) days of said renewal. :3 . Grantee shall indemnify and save harmless Grantor, his heirs and assigns, for all claims, expenses, damages and liabilities asserted against them or any of them, inCluding but not limited to claims (1) for mechanics' and materialmen'S liens dnd for costs and reasonable attorneys' fees incidental thereto, (i1) on account of injury to or death of any per60n or I persons whomsoever and/or (iil) on account of dam&lqes to any property, and every in:stance" caused by, connected with, or in any way attributable to, the '"..~,._-".,,-~ ._-~-~_._~~~.~~~~.~~.""~.~-_... _..____.., ..' ....V.....__....._....__._ L 1 I I I..) r~ .L' '_I L' L~ t. , , ...J .. . . .... .. .... oJ'.oJ' - - . .. - ~ ,. . I 52.29G I 7 rights herein granted or for Grantee's failure to comply with any or the terms or conditions hereof. 4. Grantor hereby reserves the right to use the property specified in this grant ot easement for any lawful purpose which will not interfere with Grantee's full enjoyment of the easements. A1j",~, 5. Grantee warrants, following completion of _ construction, to return the surface, improvements and landscaping on the easement premises, and the adjacent land used by the Grantee, if any, to the condition which existed thereon prior to the entry onto the property by Grantee, subject to Grantee's rights herein, with all such work to be done at Grant~e's sole cost and expense: if any of the property cannot be restored to such condition by Grantee, Grantee shall ,. reasonably compensate the Grantor therefore. . 6. As a part of the consideration for Grantor's granting the two aforesaid temporary, non-exclusive easements, Grantee hereby agrees to have surveyed and pinned, at Grantee's sole cost and expense, Grantor's 6.52+-acre tract over which such easements run. Such survey and pinning shall be done by an Ohio registered surveyor of Grantee's choice, and Grantee shall furnish to Grantor within thirty (30) days from the date hereof the metes-and-bounds description of the 6.52+- acres prepared by such surveyor~together wi~rt such surveyor's survey plat therefore,. which description shall have an error of closure of 1/10,000 or better; and the pinning bY the surveyor shall also be completed no later than thirty (30) days from the date hereof. 7. It is not the intent of the within instrument to limit the use of overlapped parts of existing easements, if any. 9. Grantor hereby retains any and all tap-in rights snd privileges qranted to him under ~he aforementioned ttexisting easementtt attached hereto as Exhibit "C". The rights, privileges, conditions and terms hereof shall extend to and be binding upon the Grantor and the Grantee and their respective heirs, successors and assigns. TO HAVE AND TO HOLD said premises unto the Grantee, the city of Dublin, Ohio, its successors and assigns,' for the temporary uses and purposes hereinabove set forth. . IN WITNESS WHEREOF, .the Grantor and the Grantee have hereunto set their hands this "2/~T"t1ay ot m~/ ' 1"0. j'''''''' "~~------'----"'''-''"'''""-,,",,,~._....-. .- .-","",-.--..-"",,- ~ CITY OF DIJBL I ~~ 614.616'582 P_0~ " J5229Gia signed and acknowledged in the presence of: '"""",, FRANKLIN, ss: -. The foregoing instrument was acknowledged before me this ...,y of ~7 1990, by THOMAS A. McDOWELL, '7"1 day , umnarried. 0-1- - A I ,\ U..-......-.--... {,v. ~ Notary Public, st of ohio STEVEN W. HOFf N Notary Public Slale of Ohio My Comminlon E~pltl!ls Maya, 1992 Record.d In f,ankli" CClI\,In'Y Signed and acknowledged CITY OF DUBLIN, OHIO in the presence of: " BY: ~~ Timothy~C. Hansley City Manager ~ , r The foregoing instrument was acknowledged before me this :}./Y day of m/f1 , 1990, by Timothy C. Hansley, the city Manager of ~he CITY OF DUBLIN, OHIO, an ohio municipal corporation, on beha1~ of the municipa1 corporation. .A~, ('J y-L Notary PUblic, of Oh 0 STEVEN W. HOfFMAN , NOlory Public. Stole of Ohio My Comrnlulon fxplre. May 8, 199.2 Tbis Instrument prepared By: R.cor.J.d In fr.nklin C.vnty Stephen J. smith Law Director, City ot Dublin 5354 cemetery Rd., P.O. Box 7 . Hilliard, Ohio 43026 .. ,.:.' . C I T Y 0 F D U 1: L I " 6147616':'182 - P.06 - . . EXHIBIT "A" 15229GI9 OESCR IPTION OF 25' SANITARY SEWER EASEMENT THOMAS A. McDOWELL . , 6.52 ACRE lAACT DUBLIN ROAD Situate in the State of Ohio, County of Franklin, City of Dublin, being <'~ a part of Virginia Military Survey No. 2542 and also being a strip of land on, over and across a 6.52 acre tract as conveyed to Thomas A. McDowell by deed of record in Oeed Book 2385, Page 97, Recorder's Office, Franklin County, Ohio and being more particularly described as follows: . Being a strip of land 25 feet 1n width, the centerli~e to which being more part1cular1y described as follows: Commencing at a polnt of reference at the southwesterly corner of the said 6.52 acre tract and said point being also in the centerline of High Street (Dublin Road); . Thence South 83 degrees 29 minutes 30 seconds East, a distance of 444.52 feet along the southerly line of the said 6.52 acre tract and also along the northerlY line of Karrer Place Subdiv1sion ~f record in Plat Book 53, Page 21, Recorder's Office, Franklin County, Oh1o to the True Point of Beginning of the herein described strip of land; , Thence North 10 degrees 33 minutes 10 seconds West, a distance of 548.60 feet crossing the said 6.52 acre tract to the terminus point of the herein described strlp of land in the southerly right-of-way line of Short Street. . This easement supercedes and vacates the easement of record in Deed BooK 3531, Page 624, Recorder's Office, Franklin County, Ohio. WOOLPERT CONSULTANTS , JTII/IiKA/3..28-90 . , - ~ i. oj l'oilo-:MPiL >~..;; .. . .., .. --.--.--- . - CITY OF DUBLIN 6147616582 P.07 . . . .! -', .- . . . " EXHIBIT "At. 1 15229G20 ' 0 . 0 ,0 y . . SHORT STReeT (Bc') ~/u.J '7 \ \ \ f \ r . \ \ \ '......, \ \ \~ \ \ ~ Q \ \~ \ \ .., . ,~ \ / \ {5, Pl<(),oo.s~ 0 es' \~ C'/l6G/'1c,<JT I . . ( , , \.. TH0l1/15 ,,4. Hc DO WC'L L \' ~. se Aa. Q8. e-'85 , PG 97 ( -.. 1 " I . I . / . . / 0 . ( ( , , .s 83" e.9',3o"c I 444.5cl TRt/. I POI,vT RcreRC"I../CC ,...- ...... ()/" 8t:G/A/,<//NG 'PeJ/A/T <k'/f,f'REI? Pt./?ce, SU8DIV 1510.</ (//" CITY OF . R B. 5.3 pc;. e I - - -.\)0 C oLL/n6u s --1- " /?4<fAc. o . 0.8,314, PG&Z8 . .EXHIBIT . OF c6' $/1IJ/T/lRY 5EWEf? . , c4SC:;V;ENT . O/J THO;:1,4S /? I'1cO()WcLL ~, 52/fe, TRACT . CITy' or O//Bt..IA.! FR/lt<1Kt./N' c(Jt/tVTY, 01:1/0 , .sCJ1t..c.' /" tfCJ I /,1I?RCh' /9.90 . ( 01\ I" _P "- 'T, . PRer'/f,f'e-o BY: CIl'D .J~~ WOOL.PERr CQU.5Ul.. T~tUr.s JOB SI. \I. )Got)( ~ n n. /t- i.~ - -- .........,-.....-- . - ... . - ~ ....~ ---.- - - - -,,~; - - . . -. . - -. - .. 'A ' ." C I T'( OF DUElL It1 6147616582 p.es . EXHIBIT "Bit 15229HOI DESCRIPTION OF PUMP STATION EASEMENT THOMAS A. McDOWEll ,f' 6.52 ACRE TRACT DUBLIN ROAD Situate in the State of Ohio, County of Franklin, City of Dublin, befng a part of Virginia Military Survey No. 2542 and also being a strip of land on, over and across a 6.52 acre tract as conveyed to Thomas A. McDiwell by deed of record in Deed Book 2385, Page 97, Recorder's Office, Ff'1nklin County, Oh1o and said strip of land being more particularly described as follows: Commencing at a point of reference at the southwesterly corner of the said 6.52 acre tract and said point bE1ng also in the centerline. of High Street {Dublin Road}; . . Thence South 83 degrees 29-minutes 30 seconds East, a distance of 340.8~ feet along the southerly lIne of the said 6.52 acre tract and also along the northerly line of Karrer Place Subdivision of record 1n Plat Book 53, Page 21, Recorder's Office, Franklin County, Ohio to the True Point of Beginning of the herein described strip of land; " " Thence through the said 6.52 acre tract by the following described four (4) cou rs as ; (I) North 24 degrees 39 minutes 57 seconds East, a distance of 142.31 feet to an angle point; (2) North 79 degrees 26 minutes 50 seconds East, a distance of 29.50 feet to an angle point; (3) South 10 degrees 33 minutes 10 seconds East, a distance of 129.58 feet to an angle point; (40 South 83 degrees 29 minutes 30 seconds East, a distance of 129.37 feet to a point 1n the easterly 11ne of the said 6.52 acre tract . . and said point being also 1n the west edge of water of the Scioto River; Thence South 5 degrees 16 mfnutes 30 seconds East, a distance of 20.43 feet along the easterly line of the said 6.52 acre tract and also along the said west edge of water of the Sc10to River to a point at the southeasterly corner of the said 6.52 acre tract and said point being a150 at the northwesterly corner of a 17.44 acre tract as conveyed to The City of Columbus, Ohio by deed of record 1n Deed Book 314, Page 628, Recorder's Office, Franklin County, Ohio; - l 5/ -17 787-1t;-' -- '-----"' ~ '-t _0 5/(/-/7/3C: 27. !JO' 8ERTHA t. KA~R€"ll ./ 7~ Ac. 08 1~Q,Z. P(;.I39 - J/ACAT~O po~r/OA/ 0' ~()W~R STR~~r fP C/Ty 0' L)U4~/A/ ~o 2.5 0 .50 /t)O \ (oUT) ORO/A/,l/A/C'c 3.9-81 I ,-~ II I \ \ .5CAt.E /A/ FEEr \ \ \ \ \ \ \ \ \ \ \ \ \ \ W~ST .!"Otic tJF W/lT~R \ \ ( 4/09/.9a ) \ \ \ \ \ \ \ \ \ ~ \ ~ AREA B ...... ~ . L.sc/oro ... \ (EASEMENT) ...... , \ - ~ \ C>> RiVeR), J3'\ \ l. \ ~ \ . y~ . \ / - - TNCJ/Y;45 A. Nc ~tleD- ! , \ - - \ \ ~.5Z Ac (DEe: ' .51t).Jd'd?~w ~ ~. ~3Ac. (5UR~ ),/ \ ....... 250 ~.9' ~ 082385 PG.97" \ 0.8233.5 Ptl;/ &:- ~ I ... ~ \; , ~r~ / ~ ~ ~ I ~ \ ~ \ ~ ~ " ~~ ~ ~ ~ ~:< .. ~ '" ~ .~ t WA7ERrALL ~~~ ~~ ,~ ,-' tA~ ~ , ~'C\~ \ ~ s , .~ / . ' ~~ \ PARCEL · A · ~ ~ ~: / (IUICHA&E) 1.346 AC~E& (t/-) AREA C (EASE~NT) ....., \ - AI 804/J'ez"w \ 465. 91' 31. I() AI 83- cr;' .ION W /0307' A/4.3-~" ~o~w ~?8. fJ$' / ~ ..J.'~"/ .P / / ~ Wi ~ / / CITY Or COt. (./rl8VS, / / 0#/0 I ~ I / 7 .,~ .Ac. t . . . , ., 08. 3/t;. PG ~.z8 I: .-," . ..,.. . :n~ " ., / . ~ '.' I , / ., , "> / ~ ~ P~CHASE OFFER EXHBlT DRAWING ~ APRIL 24, 1991 - "'_. -- ... Revised.. 6/11/91 I -~ -- ~ ... 1 --.J - - - -