166-97 OrdinanceRECORD OF ORDINANCES
llayton Legal Blank Co. Form No. 30043
Ordinance No.__1hti-97____.
Passed----- -- - ---- ----- --- ---- ---- 19-- ---
AN ORDINANCE GRANTING THE BOARD OF EDUCATION,
DUBLIN CITY SCHOOL DISTRICT A PERMANENT, NONEXCLUSIVE
STORM SEWER EASEMENT
WHEREAS, the storm water flowing across the Middle School 4 site on Tullymore Drive is
tributary to the South Fork of the Indian Run Creek; and
WHEREAS, this easement will allow the school district to bury the storm water facility as
it crosses the City's park; and
WHEREAS, the installation of the storm water facility will not have a negative impact on
the subject park,
NO~'V THEREFORE BE IT RESOLVED by the Council of the. City of Dublin, State of
of the elected members concurring:
Section 1• That the City Manager is hereby authorized to execute a storm sewer easement
to the Board of Education, Dublin City School District.
i n 2 That this Ordinance shall take effect and be enforced at the earliest possible
date allowed by law.
day of , 199 .
-Presiding Officer
ATTEST:
~~~w ~ ~
Clerk of Council
f hereby cent; fu shat comes of this Ordnnnce/
[ity of Dublin in accordance w;th Se~ion 731.25 0~~ ~e posted in the
o Revised Code.
mss`!. Clerk f ncil, 0 lin, Ohio
G:\OF~I~ICE\WP\DOCS\COUNCILIMIDSCH4.EAS
April 16, 1997
DESCRIPTION OF A STORM SEWER EASEMENT
NORTH OF POST ROAD
WEST OF AVERY ROAD
DUBLIN, OHIO
~~,
Situated in the State of Ohio, County of Franklin, City of Dublin, being a 20.00
foot wide strip of land located within those tracts of land as described in deeds to The
City of Dublin, of record in Official Records Volume 14557, Page D09 (0.850 acre) and
Official Records Volume 11008, Page D03, (22.166 Acres)~all references herein being to
records located in the Recorder's Office, Franklin County, Ohio, said strip being more
particularly described as follows:
Beginning at a point at the northwesterly corner of said 0.850 acre tract in the
easterly line of said 22.166 acre tract at the southwesterly corner of a origina120.287 acre
tract of land as described in a deed to Board of Education of the Dublin City School
District, of record in Official Records Volume 18272, Page C04;
Thence North 70° 25' 43" East, along the northerly line of said 0.850 acre tract
and the southerly line of said 20.287 acre tract, a distance of 14.15 feet to a point;
Thence South 6° 46' 46" West, through said 0.850 acre tract into said 22.166 acre
tract, a distance of 397.48 feet to a point;
Thence South 31 ° 56' 03" West, continuing through said 22.166 acre tract, a
distance of 621.53 feet to a point on the perimeter of same;
Thence North 59° 02' 10" West, along said perimeter, a distance of 20.00 feet to a
point;
Thence through said 22.166 acre tract the following courses:
1. North 31 ° 56' 03" East, a distance of 617.41 feet to a point;
2. North 6 ° 46' 46" East, a distance of 403.00 feet to a point in the easterly
line of said 22.166 acre tract and the westerly line of said 20.287 acre
tract;
Thence South 17 ° 27' 46" East, along said westerly and easterly lines, a distance
of 17.84 feet to the place of beginning.
Bearing herein conform to North 70° 25' 43" East for the northerly line of the
0.850 acre tract referenced above.
This description was prepared by M-E Civil Engineering, Inc.
~~`~~ P%~ 0 F ~L~Li,•'~i
DAVID :
..
L.
* ; CHIESA ; ~
•••••iaS,.URV E~~~••`~,,
963240stm.eas\q\legal
M-E Civil Engineering, Inc.
r
by
David L. Chiesa, P.S.
Registered Surveyor No. 7740
M-E CIVIL ENGINEERING INC.
635 BROOKSEDGE BOULEVARD
WESTERVILLE, OHIO 43081
PHONE (614) 818-4900
FAX (614) 818-4901
9.593 ACRES
O.R.V. 31892, PG. 103
NORTH
~-- 007 gCRES 3 STORM SEWER
O.R. 28425' PG. F1 EASEMENT EXHI BI T
BOARD OF EDUCATION OF
1NE DUBUN CITY SCHOOL DISTRICT
O.R.V. 18272, PG. C04
20.287 ACRES (ORIG.)
EGINN~NG
AcE pF 6
J
~, P--
~ ,~
.~ ~,
THE CITY OF DUBUN ``' N9
O.R. 11008, PG D 03
22.166 AC ro'' o ~
o ~ '70 cn
~'~ ~ ~ s3
~l ~~ ~~~
!- ' co ap -o~
~~1~~ ~o~
z~~o~ $z
~~ I
G~ //
V / s4
r~V~/ 7s
~~~ 78
59
7s
5b
~~
SCALE 1 "= 200'
SURV'D DRAWN CHECKED
DC DC
nwr: NeuFr AR9anFAS
~ q~.
7NE CI1Y OF DUBJN
O.R. 16401, PG. E 16
8.853 AG
~~
~~
I A/V_GELES
SRI ~
I ~
I I
1 ~ 1
~ ~
~ ~~~\
~~\
~ rn\
`~ ~\ .
~~
`\
65 I s6 I s7 I 68 I s9 I 70 I 43 I 44 I 45
~ -~ - ~ _. l__. J. -- .~..._ ~ -
PHOENIX PARK DR
~. T
75 74 73 72 71 42 41 40
f.L ACE cnoN
P.B. 9 PG.
36 37
95 9s 97 98 99 35
~ f-~_ ~ ...._ .,_._ -. y - -
OISIN CT _
80 91 90 89 34 33
\ 93 92
57 81
82 85 8s 87 88 27
56 83 84
~ °°oovepooeoo ~ oae°oo
55 NEW GRANGE DR ooo~~'~P~~.....• ~y% °o°o
54 ~2~ ~ 50 r +00 ~ Oo°s
53 51 I : • DAVID ~• •.
e L.
oATE 4 f16,~g7 963240
REVISED DATES JOB NUMBERS
e ~ ~ CHIESA ~ ~ "e
r ~~ 7740 e
°oo •'~Fc/STE~~o• o~°°
o '•.....••~• o
°4O0°o ~URV E~O~°°°°oo
°,oohua~~o~~0°°
BY '?~f0
R GISTERED SURVEYOR No.
CITY OF DUBLIN
Division of Engineering
"` 5800 Shier-Rings Road
Dublin, Ohio 43016-1236
Phone: 614-761-6550
Fax: 614-761-6506
To: City Council
From: Timothy C. Hansley, City Manager
Memo
Initiated By: Director of Engineering/City Engineer
~~~ -~ ?
Re: Ordinance No. 1=~4 Granting the Board of Education, Dublin City
School District a Permanent, Nonexclusive Storm Sewer Easement
Date: December 8, 1997
Attached, please find an ordinance, deed of easement, legal description and exhibit for a
storm sewer easement to be granted from the City of Dublin to Dublin City Schools. The
purpose of this easement is for the school district to maintain a private storm sewer across
the M.L. Trabue Nature Preserve. The easement deed has been prepared by our legal
council, and is ready for recording.
City staff has reviewed this request and find it satisfactory. I recommend approval of this
ordinance by Council.
Respectfully submitted,
Balbir S. Kindra, P.E. ~t3b1-
Director of Engineering/City Engineer
BSK:jc
DEED OF EASEMENTI'
KNOW ALL MEN BY THESE PRESENTS, that the City Of Dublin, Ohio, a
Municipal corporation, "Grantor", whose tax mailing address is 5200 Emerald Parkway, Dublin,
Ohio, 43017, for One Dollar ($1.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, paid by The Board of Education of the Dublin City School
District, "Grantee", does hereby grant unto said Grantee, its successors and assigns, a permanent,
nonexclusive storm sewer easement in, over, under, across and through the following-described
real property (the "Premises") for the purposes of constructing, operating, using and maintaining
a storm sewer (Che "Improvement"):
See "Exhibit A" attached hereto and incorporated herein.
The Grantor and Grantee understand and hereby agree that all terms and
conditions contained herein shall be effective and binding upon the parties and their respective
successors and assigns.
The rights granted herein shall not be construed to interfere with or restrict the
use of the Grantor, its successors and assigns forever of the Premises, with respect to the
,~.,.
. maintenance of property or improvements along the Premises herein described, or to convey to
Grantee any right whatsoever to the surface of the land over the above-described Improvement
except during the construction, maintenance, repair or operation, renewal, removal and/or
inspection thereof.
The easement rights granted herein are "nonexclusive". The Grantor shall not
cause or allow to be constructed any permanent building, structure, facility, or improvement,
which in any way impairs tl~e use or interferes with the construction, operation, maintenance,
1 P W/lCAA/256017
035505.597
1
„.,
repair, removal, replacement or reconstruction of the Improvement. Because the easement rights
are nonexclusive, Grantor may use the Premises for utility serivice lines or sewer lines, provided
such use by Grantor does not in any way impair or interfere with Grantee's use of the Premises.
The Grantee, as soon as practical after construction and after any subsequent
alternations and repairs to Improvement shall cause the property of Grantor located within the
easement area herein described, to be restored to its former elevation as nearly as is reasonably
possible. The term "former elevation" shall mean the elevation as of the date of commencement
of any construction, alteration, repair, maintenance work, and shall include, but not be limited
to, backfilling of any excavation caused by the maintenance in said area so that the surface is
restored to its former level and conditions as near as is reasonably possible.
The Grantor hereby covenants with Grantee to be the true and lawful owner of
the above-described real estate and lawfully seized of the same in fee simple and having good
nght and full power to grant this Deed of Easement.
IN WITNESS WHEREOF, the Grantor has caused this Deed of Easement to be
executed and subscribed this ____ day of
199f
"~"°' Signed and acknowledged
in the presence of:
Witness
(Print Name)
Witness
(Print Name)
J PW/KAN2560I 7
035505.597
2
CITY OF DUBLIN, OHIO,
By:
Timothy C. Hansley,
Its: City Manager
. _ STATE OF OHIO,
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this da of
the subscriber, a Notary Public in and for said County, personally came the abo 9e namedeCity
of Dublin, Ohio, by Timothy C. Hansley, its City Manager, the Grantor in the foregoing Deed
of Easement, and acknowledged the signing of the same to be his voluntary act and deed and
the voluntary act and deed of said City, for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereto subscribed my name and affixed my
official seal, on the day and year last aforesaid.
Notary Public
This Instrument Prepared By
Carlile Patchen & Murphy
366 East Broad Street
Columbus, Ohio 43215
7 P W/KAA/256017
035505.597
3
interoffice
,,, M E M O R A N D U M
--
to: Balbir Kindra, P.E., City Engineer
from: Randall J. Bowman, P.E., Assistant City Engineer -Development
subject: Dublin Middle School IV
97-002-COM
Storm Sewer Easement
date: November 19, 1997
Attached please find a deed of easement and legal description for a storm sewer easement to be
granted from the City of Dublin to Dublin City Schools. The purpose of the easement is for the
school district to maintain a private storm sewer across the M.L. Trabue Nature Preserve. Most of
the middle school site is tributary to the South Fork of Indian Run, but the nature preserve lies
between the site and the South Fork of Indian Run. The school system has installed a storm sewer
collection system within the site, in conformance with City regulations, but the elevation of the
storm sewer required that it be extended across the parkland to the stream. The design of the storm
sewer through the nature preserve was closely coordinated with Fred Hahn, who approved its
location.
The easement deed has been prepared by our legal counsel, and is ready for recording. We need to
~ place this, along with an ordinance, on City Council agenda before recording may occur. We would
like to have this placed on Council agenda as soon as possible, so that occupancy permits next
summer for the middle school site will not be complicated with this easement being unresolved.
Please advise me of additional information you may need before it goes to Council for action.
attach.
cc: Fred Hahn
Joe Reidel, Dublin City Schools
P:\PASS\GNG\x[3301 \DUCUM BN'iICUMM\MI DDLSC-3.EAS
rr««