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49-99 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ..............49-99.................................... Passed . YEAR AN ORDINANCEAUTHORIZINGTHE CITYMANAGERTO EXECUTE AN EASEMENT GRANTING TO TERRA NOVA IV A PERPETUAL FIFTEEN (15) FOOT WIDE DRAINAGE EASEMENT, LOCATED SOUTH OF S.R. 161 AND NORTHWEST OF SHIER-RINGS ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO WHEREAS, Terra Nova IV has contacted the City of Dublin regarding its intent to construct a drainage system to connect with the adjacent drainage the system on its property located south of S. R. 161 and northwest ofShier-Rings Road; and WHEREAS, the City has agreed to convey a fifteen (15) foot wide Drainage Easement to allow Terra Nova IV to construct said drainage system, the easement area is more fully described in the attached Exhibit A located in the City of Dublin, Franklin County, Ohio; NOW, THEREF RE, BE IT RESOLVED by the Council, of the City of Dublin, state of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a Drainage Easement to Terra Nova IV for the construction of a drainage system. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this day of , 1999. ayor -Presiding Officer ATTEST: Clerk of Council herphv certify that copies of this Ordinance/Resolutien were poste ~n the C~r1 ^f a:'h!'n 'n accordance with Section 731.25 of the Ohio Revised Code. _ _ t Clerk of Council, Dublin, Ohia S: \DATA\COUNCIL\ORDINANC\ORD49-99 J:`~~. -07' 1~(THU) 11 ~[l? PROFESS[[~'~.~~L SER4'fCE TEL~61~ %99 900 P. [ :1 1~ U J i 7 Y ~ L J 1 U U t ti ( 7 J 1 v U U Z L t\ Ifl ' f w U L. EXHIBYT "A" STJRVEY FOR GROVER JOHNSON 1~ FEET WIDE DRAINAGE EASEMENT December 2, 1998 The following described drainage easement is situated in the State of Ohio, County of Franklin, Township of ~'~lashington, V.M.S, 6954, being over the City of Dublin, Ohio's 157.339 acre tract described in Official Record 19980107000 ] 735, and being more particularly described .~A as follows: Beginning at a 5/8 inch iron pin found at the northwest comer of Lot 9 of Fishel Industrial Park No. 1, as shown on the Amended Subdivision Plat in Plat Book 66, page 78, and at the southwest comer of Terra Nova IV, an Ohio General Partnership's 4.604 acre tract described in Deed Volume 28921 - I16, said iron pin being in the east line of said 157.339 acre tract and marking the place of beginning; Thence South 04°50'09" East 367.20 feet, following the east line of said 157.339 acre tract, the west line of said Lot 9 and Lot 8 of said Fishel Industrial Park No.l, said Lot 8 currently owned by RGM Investments, Ltd, as recorded in Deed Volume 31739 - E20, ro a point; Thence South $5°09'Sl." West .15.00 feet, depa.*ting from the west line of said Lot 8 and entering said 157.339 acre tract, to a point; Thence North 04°50'09" WEST 387.20 feet to a point; Thence North 8~°09'51" 1~;sst 15.00 feet to a point in the east line of said 157.339 acre tract and in the west line of said 4.604 acre tract; i ~ Thence South 04°0'09" East 20.00 feet, following the east line of said 157.339 acre tract and the west line of said 4.604 acre tract, to the place of beginning. The above description was prepared from an actual field survey made under the supervision of Paul R. Clapsaddle, Registered Surveyor K6140 during the month of December 1998. Iron pins sei are 5/8 inch by 30 inch reinforcing rods with cape marked "Clapsaddle RS #6140," Bearings indicated herein are ba9ed on the west line of Fishel Industrial Park No.I being North 04°50'09" West as sho~m on the Amended Subdivision Plat thereof and recorded in Plat Book 66, page 78. A'fTl:ST: Paul R. Clap ddle, R.S. tt6140 ~~~•~~~""nl~~,~ 19014 West Darby Road ~E OF G ~f, . ti ' Marysville, Ohio 43040 ~ ~ ~ ~ PAUL ~ (937) 747-2$99 R. - * C~APSADOI~ * _ 6140 9 ' - • J~i~i. -0 i' 1 ~ (THU) 11 ~ O? PROFESS f O~~`AL S~R~` ~ OE TEL ~ 614 i99 9400 P. 0~ EXHIBIT "A" {continued) SURVEY FOR GROVER JOHNSON ~tclc of Uhi7, l'.~u; ly of fr ank~~n, Tpwnsn~p ~t l'icsr.~ny;on, V.~+. S. 6954, ?e:ny (;vgr tae C;[y of ~ua~n, Ohio's t~7,339 ccre erect oe9: ~7°p In O.~ !9380t0~000'~7~5 rlt'r gl '•rra Naw .Y, an On:a C•n.rcl •11u71't Par in.rtn U. S,SG• Alta., O.V. 23921 - 116 .o w' 1~ 7 `ww.=y ~.~~.ia r., Y. N 6 . n 1391 4 LOT 9 e ~ r,n~ ud„.vlel Pa:. ~ P <Z` ~ `C~' Q ' 1 g g ~ '~~\PJ\~\0~0, ~Q~ QF~ n + Y \\O \ OOH 1 ~ b ~Y ~~`C~~ a~ ~ ~ P~ - x , I r ;a Iiti tm ,h f LOT ~ b ' Ha iS.t.tt.nll, uc.. J ~ fi•lar•ntt a••o- a.e.n Mna.~ a 3 7v, at 7.19 - C20 ~ ~ daarinS/ Mlteolatl n rtan er. eoa•0 1~ 9 a„ tn. •••l M. t! ('anp manirlal c - ~ 7ara Ma 1 a. t•h~ N0~'lC~09•M e. ~ r r.noy c•rW~ lnel l0.t Vat .d or•Per.d Far•l on .cwd . ene.~ e• Na Amardta SVO gqt.yten S fldC •Wtiy metl. und.r m~ P.•.++w+ oee lna[ mo..r+vntr ~tal Pla{ Boot 66, atga 76. .•r. vlw.d o. Mafcol.tl r•r. an. ,:I• i Paur R Iep.a<elc, 9_S. ~ltK! SCatE {v fEcT t ~ L ea h C 71 x l { ~ ~~~~"llr„rr ,~4~EOFOy~O, Peul H. Clapeaddlc ~ c P~' ' ` a a; s~oo{e ~ - 8Rd AIIeOClaleO 1 = ;tW 4C:KR+tv SrO+Gt.a •b Sv.Kroc. 1 < ~~Orai t?lc:. tealf Ki+ au•r •s.t. w+•rnu[ we uwo , S+V~~~p4`r`~ a,21 n>-r-nl Oool ra>aeu .r..y t.y "rr.nnn•'•` . . ea Paal 1- C4 /r.<dta, i. ice. t«, rl/ln. STEVEN G. GENTRY, LTD. Attorney at Law 220 W. Bridge Street, Suite 200 Dublin, Ohio 43017 (614) 799-1040 . FAX (614) 799-9400 RECEIVI`n JUN 11999 May 28, 1999 J~D Via Telecopy and U.S. Mail Jennifer L. Dutey, Esq. Schottenstein, Zox & Dunn 41 South High Street Columbus, Ohio 43215 Re: Terra Nova IV - 161/Cosgray (Storm Sewer Easement) Dear Ms. Dutey: I represent Terra Nova IV, an Ohio general partnership, and the owner of a tract containing approximately 6.2 acres located near the intersection of State Route 161 and Cosgray Road. Terra Nova IV is seeking an easement for storm sewer purposes over the adjacent tract owned by the City of Dublin. Please be advised in connection with said storm sewer easement that Terra Nova IV, for itself and any successor owner of the aforesaid 6.2-acre tract, agrees to abide by all storm sewer ordinances, regulations and requirements of the City of Dublin, and will enter into an Agreement with the City of Dublin to that effect. Very truly yours, ~~~~tM. Steven G. Gentry SGG:pIs ~/GlJ, ~~°-~7 STEVEN G. GENTRY, LTD. Attorney at Law 220 W. Bridge Street, Suite 200 Dublin, Ohio 43017 (614) 799-1040 . FAX (614) 799-9400 RECEtv~n JUN 11999 May 28, 1999 JLD Via Telecopy and U.S. Mail Jennifer L. Dutey, Esq. Schottenstein, Zox & Dunn 41 South High Street Columbus, Ohio 43215 Re: Terra Nova IV - 161/Cosgray (Storm Sewer Easement) Dear Ms. Dutey: I represent Terra Nova IV, an Ohio general partnership, and the owner of a tract containing approximately 6.2 acres located near the intersection of State Route 161 and Cosgray Road. Terra Nova IV is seeking an easement for storm sewer purposes over the adjacent tract owned by the City of Dublin. Please be advised in connection with said storm sewer easement that Terra Nova IV, for itself and any successor owner of the aforesaid 6.2-acre tract, agrees to abide by all storm sewer ordinances, regulations and requirements of the City of Dublin, and will enter into an Agreement with the City of Dublin to that effect. Very truly yours, Ld Steven G. 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