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Home My WebLink About42-91 Ordinance ..1 --: , I RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 I-~ 42-91 I Ordinance No. -----------. - Passedomon..o..... nmnnOmOm un.000.019__ I I =====I==c- I AN ORDINANCE AUTHORIZING ACQUISITION I I I'*' OF A FEE-SIMPLE INTEREST IN A ! 1.345 ACRE PARCEL OF REAL ESTATE i ! AND TWO RELATED UTILITY/ACCESS EASEMENTS i ........ AND DECLARING AN EMERGENCY I I I I i 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, I I WHEREAS, said improvements will require the City to obtain fee-simple ownership i I in a 1.345 acre tract and two related utility/access easements located on the east side I of Dublin Road just north of the Karrer Place subdivision; and, I I I I WHEREAS, it is necessary to pass this ordinance as an emergency in order to i comply with the Findings and Orders of the Director of the Ohio EP A, dated September 14, 1990; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, , member concurring that: I Section 1. The City Manager is directed to purchase the 1.345 acre tract of real #"" estate and two related utility/access easements located on the east side of Dublin II I Road, just north of Karrer Place subdivision, and more fully described in Exhibit A I attached hereto for the purpose of constructing a sewage detention basin. Section 2. Consideration to be paid for the property will include up to, but not exceeding, $100,000 (One Hundred Thousand Dollars) worth of sewer tap waivers for the Seller's property encompassing approximately acres located on the northeast comer of the intersection of Frantz and Rings Road in accordance with the terms and conditions contained in Exhibit A attached hereto. Section 3. In the event the City Manager is able to obtain approval from the Ohio Environmental Protection Agency to defer the construction of the detention basin, the City Manager may elect not to execute the Purchase Agreement attached within Exhibit A. Section 4. This ordinance is hereby declared to be an emergency necessary for the mere preservation of the public health, safety and welfare and shall take effect and be in force immediately upon passage. The emergency nature of this ordinance is due to the September 14, 1990, Findings and Orders of the Ohio Environmental Protection Agency, and because the facility will directly effect the City's ability to maintain the health and welfare of this community by further reducing the possibility ~'".... of sewage overflows during periods of peak rain. 4- Passed this /1&l. day of r{ ~ , 1991. " I hnre/w ......HI! t" t ' C 'J (I)~es{!ff':~ It : ' nClne I> I.: ATTEST: y of D.bl" ." accordon" 'ith S r .""',on were posted i fI1 ec .on l3J.2S of the CHI' R . e ~d ~~~ . 10 eV/sed C e. . C1e of Council a ^ ~~~~'... ~,~",~~,~.~.,' lilJfl!;; --^11 n-iJ 1 ~ r'~\tit'~iri"Yi'V'"'" ~ '-Q-C\, \ , . . o . . rn Real Esla'e Purchase Conlracl @m Adopled by The Columbus aOlld 01 RullOls .nd by Th. Columbus aal Assoc,.llOn . Ills IIcommended Ihal an pall..s nEAlIOn be rllKes.nl.d by leoal counsel "-' -..----.. - -.. . .. . Ill... .- The underSlvned auyll .grl" 10 buy .nd Ihl undllsign.d 5.1111 '0"1S 10 sen.XI1ODOkJODCH"OGOCt. upon Ihl 111m, h".in'''" III lOI1h. '''' 101101'/'119 'III "1.11 loealtd'"IheSI.llO'Ohio.Counlyo'..r:,:.RnklJ..I.\.I....b.e.in9...a.l.,;4 acre plus or minus tract which 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 II All (purchase) , are ,. On 11M 'ollow'", 111m.: B (easement) and area C (easement) on the survey drawing entitled Purchase Offer Exhibit Drawing, dated April 24, 1991 attached hereto as Exhibit l. \j;";>!;<-i'V See Exhibit "A", entitled Addendum to Real Estate . Purchase Contract attached hereto and incorporated .- herein as if fully rewritten. z. Po.....'on: Upon closing 3. Evld.nc. 01 Till.: Sen" sh.. lurnlsh .nd pay lor .n own,,'. Iillelnsurllnc. commllm.nl and policy IALTA Form a (11170 REV 10.17.70 & REV 10.17.801'1 on .". amounl 01 Ih. purch... price, with copy 01 subdivision 01 condominium plal. Th. lill. ....Id.nce shal be c."lh.d 10 within 30 day~rlOr 10 clos'"9 w,lh .noolsem.n' as 01 8 00 A.M. on lhe busmess d.y priof 10 Ih. dal. 01 clo.lnO. an In accordanc. wilh Ih. slanda,d. ot Ih. Columbus Bar AssoclallOn. a shIn show lit Sell" "'1'''''1111. 1,111 .n ,.. simple "ee .nd clellr 01 an hen. .nd encumbrances ..cepl: (a) Ihose c.uled by or .ssumed by Buyer; (b) Ihose specifically sel tonh.n lh,s conllacl 'Cllon,no OIlMlncU ~ Ieg.I h'llhwayl: Ind (e) eo....n.nl.. re.lricllons. condilions .nd aUlmenl. 01 record which do 001 unreasonably Inle,II" w.lh presenl I.wlul use Bu).. snld PI~ Iny ,Iion.1 costs Incurred In connecllon withmo"gllge. insuranc. Issu.d 'OIlh. proleclion 01 auyer's I.nder. II Bs;er desires a sur"'IY. Buyer shin ply Ine Cl'sl '''eflol n 'iU. 10 .. or part 01 Ih. ".'eslale is unmark.labll. as delermlned by Ohio law with 1.lellnc. 10 Ih. Ohio tal. a.r Assoc,ahon.s SIandl'ds 01 T.lle E.lm,nlhon O"S lUtljecl 10 liens. encumbf.nce.. Illsem.nls. condilions. re."\cUons or .ncrollchm.nls olher Ihan lhose excepled In IhiS conl'ICl. Seller shall w,Ih,n Ih.ny ,301 OlyS Ine. w"n.n nolic. lherlOI. remedy or ..mo.... any such delecl.lien. encumbranclI. easemenl. condilion. IIlslrlclion or .ncroachm.nl or Dbla,n IIU. ,nSulanc. wolhoul e.cephon Ihe'eID' Al cIosin9 Seller sh.1 sign an a"ida...il I'/,Ih respecl '0 oll.record lille mailers in .cco.danc. wilh Ih. communily cuslom. 4. DHd: Sener sh.. con....y 10 8uyer markelable'ill. in lee Slmpl. by "ansle.able and reco,dabl. general warranly deed. w,Ih release 01 dower." any. o.lIduc'I'Y oeeo II .ppropriale. ,... and tl..r o' al ~ens and .ncumbr.nces nol excepled by lhis contrac.. .nd UC'P""9 'he 10110'11"'11: 5. T.... Ind A.....m.nla: AI closl"9. Selle' shan plly or credil on purch.se p,le. all delinquanl laxes. incllldi"9 penally .nd ,nle'esl. III ustSsmen" whIch 1'1 .I,.n on "" d.lll 01 conlr.c' .nd .n .gr\cullur.I uSllu ..coupm.nl' '01 Yllrs prior '0 Ihl ylll' 01 clollng. AI cIoSi"9. S.lIer Ihlll a'so p.y 01 c'.d,1 on lhe purcnU' prlCI all 01"" ~.id real ..1.1. I..el which "I a lien 101 YUII p.ior 10 closl"9 .nd . porllon 01 such I.... .nd 'O,icullul.' UII I.. IIcoupmenlS 10' yea' 01 clos'ng plo'II.O In. Dug" D... 01 cloS'"9 and ba.ed on 36!>> day yellr IInd. il undelflmined. on ",oslrecenl aVll,lable lu r.l. .nd ....Iulllon. gi...,ng .lIlcllo apphclbl, ...mpI1Ons ,eCenlly VOle 0 m.lllg. ChI't '" "a"'Ihon. elc., whelher 01 001 cI",bed. ner warrlnll 'hl'OO improvem.nls 01 ......ices ("Ie or Ifill) h..... beM mslalled 01 lu,msh.d. 01 nollhcallon IIce,...ed hom pulll,c lulhollly O' o...n"I a"ocllI'on 01 MUl' lITlpIov.menl. 01 which .ny p." ollh. COlis may bl ....SI.d .g.'nsl Ihe 1I1Iesl.ll. exclpl 'h. 'ollow'"ll: . -- --- ----------,--------.--.----- ...-....... - ._. .. .. ,Non. .. 1101ht"9 .n..n'd . r........... . . .. -.,.......~ "" ....vv 'v' :.r slllMd b) 9bl~. ('I 'lltldonJ.~um III olhcr U.)()(;,lll;".. po,.odi( (h .. . ~ .. 7 'W ....... 'V' .' -, T .. ... '1' nr.J' V' "".... '! . .v.-... ",:,,'IIIl)ed belMe lhr, "1I..311~lien i, deHd. B~ler m., III -:;.r .,. u. ~. ~ -;;: . .~ .~., OJ " ,., ~ 8. R.I.,.. .n. E'I.I, . .. . II en, lillhllet. ;1\8I,,"'n, . . . .7 -" .~ If".""n! 1"_ "'.il 11M'" ,,,,,"11"1: al ~ e4eMe"'nin, I.,,,ittft\."l I,,~I... I....~ = . . . . ..", .....,iII! ' ,,,,.,,..,i.. .n" ."".iII.! .11. . ... . . "\(' ~ . v' '.":;.r. . .. ... / _.~. ~~.:. '.,~' ~:.:.~. . ltIe I.....ln, .,". .1I.hu',U': II. 4ft.".."."" gel~rc Ole?i",. teler ehll' 111,."1311 IInd IIey ~1I1H~ ~ - .L' . _.. - - .". ,.. ~!' v' .... .... -, . . ... "".. w " "w. " ., . ; ~ v' ...". '~.... . .,. .". ., ;". v " vu. -,. . v' . ~.". :.r _M' -_. . z ~ ~~ ~. . .'::".u;':";;.;'"'' .~ .. .. .. _, "__~AA . to.' .. i,,,enl ''I' .7.:'- .'~ ......- ",. ,.0"..1, "l"n~..v, . . :,et;-ill B~,c" e. ........ ... . . ~.. . "~Il" cool,e;;. , ~ elle"!, .1 t1ieele*-+r-_~lI8hfl"lel. .. su<:h it,npHI:on 'tpOI1I~I. n;lI.d, Ihe 1;,,,8 pc';od 3pec,I,(!l lIb6.e, ..h.cl\ I'\lll.ce anti '.'.!' . ~'. . . .1..ilhi"...."li"'.."",."....M..""'I.ltl ............ .. ./_- , """VI. . ...-....----............---........-. .--......- ..-... . ,. " tt:-hpo./ . -.' ~ ". .......,...,.11 .1 Ihie 1lI1'11'IICI II, belh pllrliu. B. ." o. , ... .-v> . ':..' '- ,. .~. .:" ."." v~ . ,- J"." -r .7- fusu Ie pulerm, Ihle dep"il IIhllllb. Jllli" la te 17 ., .. i~ 'hI ....;;;1 01 . dispull o...er Ih. dIsposition 01 Ih. 'deposlI. B,okll shall '~'ai~ Ih. deposil unl~ Ii) Buye, and Selle. have ""'ed Ill. d'S pule I'" d.Spos.hO" "'u t>.o4: ord"ed by I lon.I coun Older; or (iii) Broker deposits said amounl wilh a COli" pu.suanllo applicllllle cou" p.ocedures. 13. MI'c.lIl1n.ouI: auyer has e.amined .n f'ope.~ in...ol...ed and. In making Ihis oller. is relying solely upon such eum,nahon "',lh 'e'erence 10 Ine :onO.loon .:n.' 1.:1, and S'le 01 land and improvemenls and Io.Iuru. i any. hiS conlracI consliMes Ihe enhre .~'eemenl .nd Iher. a.. no 'ep'esenlahon~ oral 0' w"nen ",IlICh "I,e n,)I tlte lIlCorporaled he.ein. Tll1le Is 0' Ihe ossenc. olllll proviSions 01 Ihis conl.ac\. ^" pro...isions 0 Ih,s conl,.cl shall su,...,...e lh. clos,no In compltlnc. ""In la.I "'O"SI"'~ 'I"S r p."y shan in any manner discriminale loainsl any purchasor or purch.sers because ol..c.. c,eedJ". o. na'f~I ollg'n. 9l , 'd . hI une 19 It 14. Dur.llon 01 on" Ind C'o,Ing: This oller shall b. open 01 .cceplance 10 m. n'g . --..-.... --.......... .' ., . . . - contractlh.n be pe,IOImed .nd Ihls I..nsaclion closed wilhln ___ 2.9..______,. d.y. aller Icc.planc. he..o'. unless Ih. PI",es ag'ee Il\ w"I'~ I~ .n e.I"~s"''J wit this period,Seller agrees to close within 5 da~s of Buyer's not~f~cat~on to 8iryer ecknowledges rKalpl 01 I copy 01 Ihls conlr.cl. . Th. undll.lgn. ao'... 10 .nd .cceplS Ih. 101100'"9 oller C Seller shall p.y . brokll.oe '" 01 __.. '.' . . -~ c. Hansley-;-1)uoIin Clty"Haiiagerol Ih. purchase pric.1n conn.cllOl\ w,Ih lh,s Iransacl10n T~mothy 6665 Coffman Ra:-.-------:-'Buyei) S.lIer Ickoowl.dg.. IIc.ipl 01 . COpy DI Ihll conll.tt. Mdresl nub 1 in, on 43017 PI1on4t ~llL1il.::.25 0 0 Tflomas A. McDowell . .... ....- -.. I Date! to __ . -- .---.-------..--'--- -..-- ~"- -----... . " .... ~..._. .. ptephen J. Smith -.-..--.---.. Hame of Buyef'I Morney Add.... --- . .. .- .. Phon. Slvned \hI1 d.y 01 ... . on . . . .... .Ig @ Ni'.:RiOiS8n.r'. "iiOiniy ..- . . , , . CBR InG C8A I I__ I" " ........... Ufo".r ae"nowIedgllrlCelpl 0' Ihe sum 01 S.....___._______ by cash/ch.ck which Ihan be h.ld. depol,I.d Ind d'sbursed pursulnl '0 plrlg'~;lh 12 IbO., -"~.- ,~----~ ._'~ ,-,...^~'~ ""'~,...._~,"";"'",""",=,,",,,-'.... ~""""-" u "m, _~ ,J1',[ ~'IT' -" r'",!a;;i':f$ "1- )iiliiitlI't'fil 'U-:_ ,',' "'" , EXHIBIT "A" ADDENDUM TO RF..AL ESTATE PURCHASE CONTRACT l!f!""'. ~, 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 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 within 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. f~}'''''' --'-," ~' - ........' "'""~..--" , .. EXlIIBIT "A" ADDENDUM TO REAL ESTATE 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 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 within 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. . - ,..-",--"",~' . QO:, ., - 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 . indica ting 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 ..-.--'.' ~,_..,'-..~-,'-~ -----' ._- 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 .with 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 aro~nd 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 facilities will be determined 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', ~,-Ij_'l\i!n~, t "_ tV" 1" . , .-.-- - - 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 . 1S 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 s~wage 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 """ _,.., r.,'__~ -iililt1-jJj" :,_ -W\i<!" I" T --- ._- - _. ----_.'- . 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 ($100.00) to Seller as and for a deposit. If Seller fails or refuses to perform or if any contingency herein is not satisfied or waived, the deposit shall be returned to the Buyer. Upon closing, deposit shall be applied on the purchase price. If Buyer fails or refuses to perform, the deposit shall be retained by the Seller. ~.: BUYER: . , CITY OF DUBLIN By: Timothy c. Hansley city Manager SELLER: Thomas A. McDowell .<I",,;t:~ -"",~~-~;",;,-~'~'"--~~""'-~~~'~' - " '~.;_.c...>~_"'" ~.~ , , ~ 0::; 1 r'( .;)F DUBL 1 tl ~14761-:.':I82 F.e.z EXHIBIT "2" f5229GIS . ,. - II::J..~ A. M 05'1334 lUll- ~ fIWWJ.JlI co.. OHIO DEED OF EASEMENT, MAY 221990 EASEMENT AGREEMENT~ AND JOS01l w. lPT"- WJ~ LLATION OFEXISTING EASEMENT rn ~ ? .00 - o IN DEED BOOK 3531, PAGE 624~D~ , KNOWN ALL MEN BY THESE PRESENTS: That THOMAS A. McDOWELL, unmarried, ot 5258 WilcoX Road, Amlin, Ohio 43002-9722, Grantor, in consideration of the sum ot: One Dollar ($~.OO) 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 acknowledged, 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 o! 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 ot Dub1in, 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 arawing attached hereto and made a part hereof as Exhibit ttA-~", 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 "a- 1". THE ATTACHED EASEI1ENT DESCRIPTIONS 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 supdrsedes and replaces the easement heretofore granted by Grantor herein ~o Grantee herein recorded in Deed Book 3'31, page 624, Recorder's Office, Franklin County, Ohio. Therefore, the city ot Oublin, Ohio, formerly the Village of 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 ~(~ReCorder to cross !nde~ the official recorded within cancellation to the aforesaid Deed Book 3531 T>RANSffRRED , CONVEYANC~ NOT NECESSAR~l l -I> . ,..... s,..:-l~ dXEMPT n f) HA r 2l 1990 I fta....... -. .. ...~.. -'---==-~,"",~~""~'" "";W ~' "-"'II,r.!- - - - - -.. -. - - - - - - - - - . - . - - - . - - . . - - - ~ - . - - - - - - - - - - - - - ':lr'" ,=.F [lUBLIN 61",616'58~ P.03 fS229GJ6 The within Deed of Easement is granted, executed and delivered by the Grantor, for himsel~ and his heirs and assi9ns, and accepted by the Grantee, for 1tselt and its successors and assigns, upon the following conditions, to all or which the ~" Grantee hereby agrees: 1. The easements hereby granted shall t~rminate 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 is able to 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 after 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 auto~atically 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 thereat, Grantee has failed to remove the improvements placed upon the premises by Grantee, such improvements shall thereupon automatically vest ,.and become the property of Grantor, without further' act or action on the part of 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 1east ~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 sha1l 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 and for costs and reasonable attorneys' fees incidental thereto, (il) on account of injury to or death of any person or persons whomsoever and/or (ill) on accou~t of dGmAqcs to any property, and every in5tanceo caused by, connected with, or in any way attributable to, the " . = "~ ,"'...~"""~ Lf~ , rT - j .:,-.- .....~...- '.-'--- '- &. I . 'Jr L' 1-" 1. t.... l I , ~ .. . . -" .. -' -- -- - . ,. - . . . I 5 2.2 9 G I 7 rights herein granted or for Grantee's fllilure 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 intertere with Grantee's "'" full enjoyment of the easements. 5. Grantee warrants, following completion ot construction, to return the surtace, 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 ~y 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 ;,;.i\ 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 a1so be completed no later than thirty (30) days from the date hereof. 7. It is not the intent of the within instrument to linli t the use of overlapped parts of existing easements, if any. 8. Grantor hereby retains any and all tap-in rights and privileges granted to him under t:he aforementioned lIexisting easementll 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 Ci1:y ot 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-V , 1"0. / ,,,'" ~~'~ -- - ---,.- 4 CITY OF DUBLIN 614~616~a~ P.0~ J5229Gia signed and acknowledged in the presence of: 5S: -. The foregoing instrument was acknow!edged before me this . .;!-/Y d;;'y of t:J ? . 1990 . by THOMAS A. McDOWELL, unmarr~ed. (1 I j-J- 1 . /\ Ct.. ,_......-...., (,v. O""'Y\... Notary Public, st of Ohio STEVEN W. HOFf N Nolary Public Slate of Ohio My Commi"ron E~plr8s May 3, 1992 Record.d In fllmkllr. County signed and acknowledged CITY O~ DUBLIN, OHIO in the presence of: BY: ~ . Timothy'C. ~ City M~nager r The foregoing instrument was acknowledged before me this ~/Y day of miff ' 1990, by Timothy c. Hansley, the city Manager of ~he CITY of DUBLIN, OHIO, an ohio municipal corporation, on beha1t of the municipal corporation. ~A :."", ('~i ,r>- Notary pub~ic, of Ohio STEVEN w. HOFFMAN . NotCJry Public, SIgle of Ohio My Commlulon fx"lres May 8, 1992 This Instrument prepared By: a.corol.d In Fr_nklin C:;.vnty stephen J. smith Law Director, city of Dublin ~J'4 cemetery Rd., P.O. Box 7 · Hilliard, Ohio 43026 '".__...._-,~,-~'''"''..~'''"''''''''"=~'"'...'.......,'',.',,<-'>,''<-'','"''',,'- -.; '0;' ~" ."~,-,''''''''''- " .' . CITY OF Due LIt' 614761.,~82 - P.06 . . EXHIBIT "A" 15229Ci9 DESCRIPTION OF 25' SANITARY SEWER EASEMENT THOHAS A. McDOWELL . , 6.52 ACRE TRACT DUBLlH ROAD Situate in the State of Ohio, County of Franklin, City of Dublin, befng a part of V1rg1nia 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. HcDowell 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 in width, the centerli~e to which 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 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 Subdivision of record in 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 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 strip 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 . . JTtllftKA/3..Z8-90 . , , " ....,'~,,,.",,.','c,~w,"__",'~~'.,,._"~_~~,__~ "- ...',' '~,,-'..'- .,,-'.".~~, J ",' - "~ ,",''-;'"'''''' .. . ." "- CITY OF IJUBLIII 6147616582 P.07 . , '. . " . EXHIBIT "AI' 1 15229G20 . . . . . . SHORT STReeT (.3c') ~/u.J '7 I . ".. , . . , J PI<'()Po.s~ 0 es' c/l6G/'1c/./r I . ( \ . I \ . ' \. TH0l11t5 A. l1a DoweLL .~ \' ~. Sc Aa. Q8,e"85, PG97 , . -.. 1 " 1 I . I . / 'It \ . . / . . . ( . I , , .s 83" e9'.30"c~ I If: 444'. 5Z I T/Ct/. I Po/#T Rcrc,f'C,vCC ", ...... {),c" 8CG/;V,I.//NG ',oO/A/T (k'//RREI? Pt./lCt:, 5UBOIVISIOV Or'- CITY or , /:(8. 53 pC:.el - _--.)0 / COl.LI/1{3US --,... " /?4<fAc. . . 0.8.314, m&G8 . .ExHIBIT . OF c6' S/l/J/771RY SeWEr.? 1 . , E4.5C;V;ENT - . {)/J THO;:1,4S /I. I1cO()WELL &. 52 Ac. TRACT CITY (JF OIlBL/A.! . FR/?;JKt./N C(}lj;vTY, Olj/O . SC,J1f..c.' /"c etO I ;'1/1RCH /9.90 . . I;. Yo I PRcP/?,f'cO 8'('1 !~:~ ..~!:'T.. ...__. ,.._~..... .A.....,/I!,/'/rLJLlre" --'-',._,,'----'--- 4 __......___.. .......--,-.--... ,~-'-..,"-""';..'.... . - -. ._--- - - ..-.... -- . . - .-.. ---- . ..... -.. ~.....-- ... - - .. . . . .. . 6 .. - . 0: I r', ':IF D 'J IS L I tI 614,61";':582 p.es ~ - EXHIBIT "Bit IS229HOI DESCR I PT ION OF PUMP 5T^TION EASEMENT THOMAS ^. McDOWELL , 6.52 ACRE TRACT N~.. DUBLIN ROAD ...! .....- Situate in the State of Ohio, County of Franklin, Cfty 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. McO,well by deed of record in Deed Book 2385, Page 97, Recorder's Office, Fr"1nklin County, Ohio and said strip of land befng more particularly described as f 011 ow s : Commencing at a point of r~ference 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 340.89 feet along the southerly line of the sa1d 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) courses: (1 ) 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 in the easterly line of the said 6.52 acre tract . . and said point being also in the west edge of water of the Scioto River; Thence South 5 degrees 16 minutes 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 Sc1oto River to a point at the southeasterly corner of the said 6.52 acre tract and said point being also at the northwesterly corner of a 17.44 acre tract as conveyed to The City of Columbus, Ohio by deed of record in Deed Book 314, Page 628, Recorder's Office, Franklin County,' Ohio; . . ~.