017-02 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form_No. 30043
Ordinance No ................................1.7.-02.................. Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND GRANT AN EASEMENT AGREEMENT WITH
COLUMBIA GAS FOR THE DEVELOPMENT OF THE
BALLANTRAE GOLF COURSE IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING
AN EMERGENCY.
WHEREAS, a goal of Dublin City Council is to continue to work with utility
companies for the continued development of the Ballantrae Golf Course;
WHEREAS, the City of Dublin desires to convey a utility easement agreement to
Columbia Gas of Ohio, Inc. ("Columbia Gas") to provide natural and/or artificial gas
to all areas of the Ballantrae Golf Course and residential community;
WHEREAS, the City desires to execute an easement agreement in a substantially
similar form to the attached Exhibit "A";
WHEREAS, Council finds it is in best interest of the City to execute the easement
agreement in a substantially similar to the form attached to Columbia Gas for the
continued development of the Ballantrae Golf Course and residential community.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, '7 of the elected members concurring that:
Section 1. Dublin City Council authorizes the City Manager to execute an Easement
with Columbia Gas containing 10.763 Acres, more or less, in Reserve "F" Ballantrae
Section 2 Part 1, in a substantially similar form to the attached 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 Deed of Easement; therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
Passed this ~ ~ /r , 2002.
Mayor Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
~ ~ ~
. Cl lc of Council, Dublin, Ohio
Easement #
EASEMENT
FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable
consideration to the Grantor in hand paid, receipt of which is hereby acknowledged, THE CITY OF
DUBLIN, OHIO, an Ohio municipal corporation, whose tax mailing address is 5200 Emerald Parkway,
Dublin, Ohio, 43017 (hereinafter called the Grantor), does hereby grant to COLUMBIA GAS OF OHIO,
INC., with principal offices at 200 Civic Center Drive, P.O. Box 117, Columbus, Ohio 43216-0117,
(hereinafter called the Company), its successors and assigns, for the limited purpose of natural and/or
artiFcial gas transport and delivery, the non-exclusive right to lay pipelines together with service
r~r connections, repair, replace or change the size of its pipes without interruption to service, and remove
same, together with valves and other necessary appurtenances on lands situated in Washington
Township, City of Dublin, Franklin County, State of OHIO, and more particularly described as follows:
Recorded in: Inst. #200112190295965
Permanent Parcel No.: 274-000552
Property Address: Royal Dublin Drive
Containing: 10.763 Acres more or less -Reserve "F" BALLANTRAE SECTION 2 part 1
Plat Bk. 98, Page 44
The pipelines laid pursuant to the terms and conditions of this agreement are to be located within the
limits of a Ten (10) foot wide easement strip of land as described and shown on Exhibit "A" attached
hereto and made a part hereof.
With the right of ingress and egress to and from the same, the Grantor may fully use and enjoy
the said premises, except for the purposes hereinbefore granted to the said Company and will not in any
way materially impair the ability of the Company to operate, maintain, repair, replace or remove any such
facility.
All pipes shall be buried so as not to interfere with the present or future use of the land.
The Company shall replace and restore the area disturbed by the laying, construction, operation
and maintenance of said pipelines to as near practical to its original condition.
The Grantor and the Company have agreed as part of the consideration hereof that any damages
to lawn, driveways, shrubbery, drain tiles, trees, crops or fences upon said premises, the amount of
which cannot be mutually agreed upon, shall be determined by a panel of arbitrators composed of three
disinterested persons, of whom the Grantor and the Company shall appoint one each and the two
arbitrators so appointed shall appoint the third, the award of any two of whom shall be final.
The Company hereby indemnifies and agrees to hold harmless the Grantor and its elected
officials, officers, employees, agents, representatives and/or volunteers from and against all claims,
damages, losses, suits and actions, including attorneys' fees for all environmental contamination and
other matters arising or resulting from the Company's use of the easement area or premises, unless
directly caused by the gross negligence or willful misconduct of Company, its agents, employees and/or
representatives acting within the scope of their duties.
The Company represents and warrants to Grantor that the Company's use of the easement area
shall not unreasonably restrict or impede Grantor's use of Grantor's property in or around the easement
area. The Company shall exercise reasonable efforts to coordinate its routine maintenance activities with
Grantor's use of the property.
EXHIBIT
~soie~i~o.~ p a
9
The Grantor warrants that, to the best of its knowledge, the lands encompassed by this
easement have not been used as a dump site and contain no substances or materials which if disturbed
would cause or threaten to cause impairment to human health or the environment.
The rights, privileges and terms hereby shall extend to and be binding upon the Grantor and the
Company and their respective representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the Grantor hereto have hereunto set its hand this day of
.2002.
WITNESS GRANTOR
Signed and acknowledged in the THE CITY OF DUBLIN, OHIO
presence of: an Ohio municipal corporation
(sign) (si4nl
(print) (print)
(sign) (sianl
(print) (print)
STATE OF )
SS:
COUNTY OF )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
of the aforenamed
. who represented that
duly authorized in the premises and who acknowledged that did sign
the foregoing instrument and that the same is free act and deed as such
and is the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of
rrr. .2002.
My commission expires:
Notary Public
{H0167170.1 }
t-tti-1.5-~aa~ 14 ~ a4 l.1 1 Y Ur llUtiL 1 N 11CV . bl4 (b l bJUb I"' . U' G/ uJ
I?ESCRIP110N OF A 10' GAS EASEMENT
e~ Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of Vrginia Military Survey No.
3453. Being part of Reserve "F" of Ballantrae subdivision Section 2, Part 1 as recorded in Plat Book 98, Pages
44-48 All references to records being on file in the Offiet of the Recorder, Franklin County, Ohio.
Commencing of an iron pin found at the intersection of Dolmore Lane and Royal Dublin Drive. Thence otong tl
centerline of Dolmore Lane, North 84'13'42° East a distance of 43.00 feet to a point. Thence perpendicular to
said centerline South 05'46'18" East, a distonce of 3200 feet to a point on the right of way of Dolmore Lane,
said point being the True Point of Beginning;
Thence from said True Point of Beginning South 05'46'18" East, a distance of 98.00 feet to a point;
Thenoe with a curve to the left having a length of 123.39 feet, o radius 132.00 feet, a delta of 53'33'23", and
chord bearing South 32'33'00" East, a distance of 118.94 feet to a point;
Thence South 85'22'35° East, a distance of 904.27 feet to a point;
Thence North 84`13'42" East, a distance of 292.89 feet to a point;
Thence South 77'15'09' East, a distance of 41.36 feet to a point;
Thence South 13'26'25° West, a distance of 9.31 feet to a point;
Thence with a curve to the right having a length of 331.11 feet, a radius of 268.00 feet, a delta of 10'47'17",
and a chord bearing of South 41'09'56" East, o distance of 310.45 feet to a point;
Thence South 05'46'18° East, a distance of 18.00 feet to a point;
Thence North 50'46'20" West. a distance of 14.14 feet to a point;
w~ Thence North 05'46'18" West, a distance of 8.00 feet to a point;
Thence with a curve to the left having a length of 331.77 feet, a radius of 258.00 feet, a delta of 73'32'4-0", a
a chord bearing North 42'32'38" Wast, a distance of 308.90 feet to a point;
Thence North 34'15'33" Weat, a distonce of 9.69 feet to a point;
Thence North 12'44'51" East, a distance of 2.84 feet to o point;
Thence North 77'15'09" West, a distance of 20.00 feet to a point:
Thence South 84'13'42" West, a distance of 292.97 feet to a point;
Thence North 85'22'35" West, a distance of 107.44 feet to a point;
'T'hence with a curve to the right having a length of 135.09 feet, a radius of 142.00 feet, a delta of 54'30'22",
and a chord bearing of North 33'01'29" West, a distance of 130.05 feet to a point;
Thence North 05'46'18° West, a distance of 8.00 feet to a point;
Thence North 39`13'42" East, o distance of 14.14 feet to
Point of Beginning and Containing 9,375.37 SQ. FT. (0.215 ACRES).
,
This Exhibit is drawn for the Unlimited Uae of
COLUMBIA GAS OF OHIO, INC. to Identify the
JOB NUMBER Easement Location and is not intended to JOB ORDER
908T1717 represent an accurate survey of the Property. 01-0131645--OQ
COMPANY COLUMBIA GAS OF OHIO, INC. WORK ORDER
107-555-WP1654--13~
PROJECT LOCAl10N
10' NON-EXCLUSIVE GAS PIPELINES EASEMENT ON THE CITY OF DUBLIN
PROPERTY OF CITY OF bUBLIN, OHIO. cquNTY
FRANKLIN
STATE
OHIO
DATE ENGINEER MAPS CK'p 9Y DRAIMNG NO.
02/12/02 HOCKADEN & ASSOC. ~ of ~ 7312436H MLT EXHIBIT A
SCALE TECHNICIAN
N A JL
~'tYl-1.3-c'b10~ 14 ~ 17J l,1 1 T UI- LUtSL 11Y LCV . 014 f Ol o7VJO r . 1JJ/ YJJ
LEGEND £ASEMENT AREA = 9375.37 SQ. f
COLUMBIA GAS OF OHIO, INC. 0.215 ACRE
10' NON-EXCLUSIVE PIPELINES
Ne R~qp EASEMENT.
TEM w Aa a,;• r~r:: -NEW
oa
BALLANTRAE PLACE ~ CURVE TABLE
oAt~t ~ CURVE RADIUS CHORD BEARING CHORD DELTA
~:E 'rnYStDE ctRCt.E ~ CT 132.00 S 32'33'00" E 118.94 83'33'23"
ROYAL DUBLIN DR a
RINGS ROAD fl C2 268.00 S 41'09'56" E 310.45 70'47'17"
C3 258.00 N 42'32'38" W 308.90 73'32'40"
C4 142.00 N 33'01'29" W 130.05 54'30'22"
~ SI~',~' ~
l ~ ~ ~
VICINIT ~ 11GfA.rp ~ ~ ~
~r.+ NOT TO SCALE = ~ ~ ~ r-
~ o ~ .
in
l~rfr L6 ~ m vWi R/yy J~
. ^ ti-~
_.r
-a f?I VE
cJb ~ ROYAf_~ D
~
V • : ~ LINE TABLE
~ ~~~f-r~~' N LENGTH BEARING
so PROPOSED 8' EASEMENT . • / ~ ~ L1 1$.00 S 05'46'18" E
~ , L2 104.27 5 85'22'35" E
aa°s ' L3 292.89 N $4'13'42" E
i L4 41.36 S 77`i 5'09" E
A
~ . / L5 9.31 S 13'26'25" W
°°o PROAO~ l I/ L6 18.00 S 05'48'18" E
~~s~M~Nr~ ' L8 1s.oD N X0'46'20" w
V~ _ ~ ~ ~ a4~~~e?~o~~eu~~~a~~ar N 05'46'18" W
. 0 L9 9.69 N 34'75'33" W
ti ~ ~ _1~ t~ y L10 2.84 N 12'44'51" E
1 f._ ~ • KJ~ ~ L11 20.00 N 77.15'os" w
~~~,~~I ~ a ~ •-t ? C. L72 292.17 S 84`13'42" W
~Q• a ~ ~ ~ ~ ~ a _ ~ yrri;~! _ L13 107.44 N 85'22'35" W
~ ~n>-.~'~. ~ I _ ~ ~ ~ ~ L14 8.00 N 05.46'18" W
~~~ai°o w. ~ r.~ s • , •c L15 14.94 N 39'13'42" E
ter. \ ~O~iy"4~c~2 ~ ~ ~ f- l/: r •
O ~ d 1
WI ~ IJ
~ ~I HOCKADEN AND ASOCIATES, INC.
at z ~ CONSULTING EN INFER AND SURVEYORS
- o
a~ ~ '
`N ~ ~ ~ Frank C. Long
a: ~ ~ ` Professional Surveyor No_ 6615
~ w ~ a THIS EXHIBIT WAS PREPAREb FROM
o EXISTING DEEDS AND PLATS (PLAT BOOK
Lu y ai Q0 ti y ~ ~ 4 98, PAGES 44-48 AND iNSTR. #
~ ' 200111190267931, FRANKLIN Co. RECORDS).
J ~ ~j o ~ ~ j ~ ~ ~ NO ACTUAL F1ELD SURVEY WAS PERFORMED
, 1' Qy ~ ~ ~ dd BY HOCKADEN & ASSOCIATES.
w 1t,.11 ~ ~ ' J~~
p LL' iI ~t ~ / m vi v
~ ; {I pj ~ THE BEARINGS ARE BASED UPON THE PLAT
I ~r. ~t xt ' OF BALLANTRAE SECTION 2 PART 1 AND
° o° `t o. t
4 ~nY~ t ~ G~ - INFORMATION SUPPLIED BY EMW3cT.
7 - L~~ -
!y.' ~~UNRE~~_r.- GRA1'H1G SCAI,}+;
_ _ -'-}r~,,,s WYNVERN LANE ~y. ioa- °o
-_'~--~...r--
i _
~ This Exhibit is drawn for the Unlimited Use of
COLUMBIA GAS OF OHIO, INC, to Identify the 1 inch = 100 ft.
JOB NUMBER Easement Location and is not intended to JOB ORDER
908_1717 represent an accurate survey of the Property. 01-0131645-00
COMPANY COLUM131A GAS QF OHIO, INC. WORK ORDER
107-555-WP1654-13:
PROJECT LOCATION
10' NON-EXCLUSIVE GAS PIPELINES EASEMENT ON THE CITY OF DUBLIN
PROPERTY OF THE CITY 01= DUBLIN, OHIO. couNTY
FRANKLIN
STATE
OH 10
l~A ENGINEER MAPS CK'0 BY DRAWING NO
2 12/2002 HOCKADEN & ASSOC. 1 of 2 7312436H MLT EXHIBIT A
SCALE TECHNICIAN
1" = 100' B1LL SNIVELY