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Home My WebLink About127-00 Ordinance IYI1WWMi W - - - RECORD OF ORDINANCES Da on Le al Blank Co. Form No. 30043 Ordinance No ................I27-QO............................... Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT TO KEVIN AND ANNE MURRAY OF 5988 BRIGIDS CLOSE DRIVE, AND DECLARING AN EMERGENCY i WHEREAS, the City of Dublin has determined the necessity to grant an Easement to Kevin and Anne Murray, ("the Murray's") at 5988 Brigids Close Drive; WHEREAS, a building error occurred affecting the Murray's property at 5988 Brigids Close Drive; WHEREAS, prior to finding the building error, the Murray's closed on the property; WHEREAS, the Murray's cannot currently convey good title on the property if they so desired; WHEREAS, to correct the problem, the City of Dublin will grant an Easement to the Murray's as proposed in Exhibit "A." NOW, THERE~RE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: SECTION 1. The City Manager is hereby authorized to execute the Easement described in Exhibit "A." SECTION 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason of executing the Easement. Therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed is day of - , 2000 ayor -Presiding Officer ATTEST: ~ ~ Clerk of Council I hereby certify that copies of this Ordnance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Di,io Revised Code, `I CI of Council, Dublin, Ohio ' SCHOTTENSTEIN, ZOX ~ DUNN -~s-- A Legal Professional Association ONE CLEVELAND CENTER THE HUNTINGTON CENTER BANK ONE TOWERS 1375 EAST NINTH STREET, SUITE 950 41 SOUTH HIGH STREET COLUMBUS, OHIO 43215-6106 8044 MONTGOMERY ROAD, SUITE 700 CLEVELAND, OHIO 44114 TELEPHONE 614/462-2700 Fax 614/462-5135 CINCTNNAiI, OHIO 45236-2926 TELEPHONE 216/621-6501 WEBSITE: WWW.SZD.COM TELEPHONE 513/792-2730 CONFIDENTIAL ATTORNEY CLIENT INFORMATION MEMORANDUM TO: Dublin City Council Timothy C. Hansley, City Manager FROM: Mitchell H. Banchefsky DATE: September 28, 2000 RE: Settlement of Kevin Murray, et al., v. Jeffrey R. Yocca Builder, Inc., et al., Franklin County Court of Common Pleas, Case No. 98CYI-I-08-6489 Easement at 5988 Brigids Close Drive An ordinance has been placed on the October 16, 2000 Agenda regarding the City's execution of an easement to Kevin and Anne Murray ("the Murray's") for property located at 5988 Brigids Close Drive, Lot 492 of Dublinshire Sec. 5. The proposed easement is attached as Exhibit "A". By way of background, on August 19, 1998 the Murray's filed suit in the Franklin County Court of Common Pleas alleging, among other things, that when Jeffrey R. Yocca Builders, Inc. built their home at this location, the entry features for this subdivision were inadvertently placed on the property of the Murray's and in the City's no build zone and right of way. The Murray's further allege that the City of Dublin inspected the property and did not advise them of the errant placement of the entry feature prior to the Murray's closing on the property. The Murray's also filed suit against various Defendants involved in the construction of the home, the original survey of the property, and the closing on the property. Dublin certainly does not accept responsibility for the errant placement of the entry features and did not have any responsibility to inspect this property for proper placement of same. However, Mr. Hansley agrees with our recommendation that the most prudent way to terminate this litigation and to convey to the Murray's an easement to clear up their real estate title. The purpose of this Ordinance is to authorize the City Manager to execute the easement to the Murray's in order to correct the problem related to the placement of the entry feature in the City's right of way and no build zone. ~ H0007309.1 E !M~ SCHOTTENSTEIN, ZOX Fe DUNN A Legal Professional Association cc: Frank Ciazochi (w/encl.) Bobbie Clazke (w/encl.) Balbir Kindra (w/encl.) Anne Clarke (w/encl.) j H0007309.1 ~ PLAT OF LANUSC;AF'INC~ tit IVI/~IN I tIVHIVI..C rHJGIVICIV t RIGHT-OF-WAY AT L ~ 492 DUBLINSHIRE SECTION PHASE 4 PLAT BOOK 79, PAGE 27 CITY OF DUBLIN, FRANKLIN COUNTY, OHIO I ~z I w cvn w o cn ~ ~ t~ I ~ ~ ~ ~ ~ j O lz-- f= ~ ~ ~ I w ~ I LOT 492 I ~ w DUBLINSHIRE SEC. 5, PH. 4 ~ ~ I P.B. 79 PG. 27 D 00 o~ ~ I ~ oo I a °o W Z lL I ~ ~ ~ ~ ~ ~ I l ~ ~ s. I O ~ I O. 6'. ~ pF i Qp~~ NN~NG ~ ~ ~ ~~G P/~ PROPOSED LANDSCAPING & MAINTENANCE EASEMENT ~ E or= B 7.0 7 t,,,,. SAP oti~o.,,, R1G~ps C ' ; ~ DAVID B. OSE pR'V McCOY - ~5 E ' N0.1632 ' ::o ~o,~'•, o ~ ; ,F E. ~ ''•r S~oNai s~ ,c SCALE 1" = 10' i ~earings are based on the bearings as contained on the plat of ublinshire Sec. 5, Ph. 4 as recorded in Plat Book 79, page 27. 5750 Chandler Coutt We hereby certify that the above plat was prepared from an Westerville, OH 43082 actual field survey and to the best of our knowledge and belief E-Mail: hoyssincQaol.com is correct. All dimensions along arcs are chord distances. Phone (614) 895-1922 HOY SUR YING SERVICES, INC. Survey Fax (614) 895-1949 S~ Y~rJ Construction Fax (614) 895-9549 SERVIC S, INC. ~ ~ 00 avid B. McCoy ate Order No. 2042-2000 Registered Professional Surveyor No. 7632 c:~suRV~woRtc~n a~ 2-sooo.nwa ~ H ~ Y SURVI~YING SERVIC ~S, INC. AUGUST' 1, 2000 DESCRIPTION OF A 5' FOOT IN WIDTH LANDSCAPING AND MAINTENANCE EASEMENT Situated in the City of Dublin, County of Franklin, State of Ohio, being a part of the right-of--way of Brigids Close Drive that abuts a southwesterly line of Lot 492 in Dublinshire Subdivision, Section 5, Phase 4 of record in Plat Book 79, page 27, and being more particularly described as follows; Beginning at an angle point in the southerly line of said Lot 492, being the northerly right-of--way of said Brigids Close Drive; Thence, North 80° 00' 37" West, through said right-of--way of Brigids Close Drive, a distance of 7.07 feet to a point; 'T'hence, North 35° 00' 37" West, continuing through said right-of--way, a distance of 23.26 feet to a point in the easterly right-of--way of Muirfield Drive; Thence, North 00° 09' S9" East, along said easterly right-of--way, a distance of 8.68 feet to an angle point on the westerly line of said Lot 492; ~"hence, South 35° 00' 37" East, along a westerly line of said Lot 492, a distance of 35.35 feet to THE PLACE OF BEGINNING. • Containing 0.003 acres of land, more or less. "fhe above described tract of land is for the purpose of a landscaping and maintenance easement. Subject to all easements, restrictions, and rights-of--way of record. All iron pins set are 3!4" inch iron pipe with a yellow plastic cap stamped "HOY SURV. - P.S. 7313". Bearings are based on the bearings contained on the plat of Dublinshire Subdivision Section 5, Please 4 of record in (Plat Book 79, page 27. All references are to records of the Recorder's Office, Franklin County, Ohio. ~ ~ • r ? DAVID B. * ~ David B. McCoy McCOY ~ Registered Professional Surveyor No. 7632 -a = N0.7632 : _ o; FS G/STER S'~NAI. S~ ~i rrr 1 C':1St1RVIWORKILIiGALDGSC12042-2000-cas.WPS ~ 5750 Chandler Court Westerville, OH 43082 E-Mail: ho~~ssinc.C>?aol.com Phone (G14) 895-1922 Survey Fax (614) 895-1949 Construction Fax (G14) 895-9549