001-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.______ O1.-98_____..__ Passed _______19________
AN ORDINANCE DIItECTING THE ENGINEERING DEPARTMENT TO
MAKE A NOTATION ON THE ORIGINAL PLAT OF BRANDON
SECTION FOUR, DUBLIN, OHIO, REFERENCING THE
PRELI1~Hr1ARY AND/OR FINAL PLAT OF BELLEPOINT PLACE
SUBDIVISION, DUBLIN, OHIO
WI~REAS, the original plat of Brandon Section Four did not provide access to
Brandonway Drive; and
WHEREAS, Council subsequently voted not to allow access from Brandon Section
Four, where Bellepoint Place Subdivision will be located, to Dublin Road; and
WHEREAS, Bellepoint Place Subdivision would be landlocked without access to either
Brandonway Drive or Dublin Road; and
WHEREAS, a right of way will be constructed to allow access from Bellepoint Place
Subdivision to Brandonway Drive.
NOW, THERE-~~R~, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 7/_ of the elected members concurring:
Section 1. That the Engineering Department is directed to make a notation on the
original plat of Brandon Section Four referencing the preliminary and/or final plat of
Bellepoint Place Subdivision, which will reflect the new right of way.
Section 2. That this ordinance take effect and be in force from and after the earliest
date permitted by law.
Passed this ~~ day of 998.
~,
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I hereiry certify shot copies of this Ordinance/ResoFatieA were pasted in the
City of DE~blin in accordance with Section 731.25 of the Ohio Revised Code.
~~Cie of until, Du ' ,Ohio
DEED OF EASEMENT
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 (the "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
~(
iwr
cause or allow to be constructed any permanent building, structure, facility, or improvement,
which in any way impairs the use or interferes with the construction, operation, maintenance,
JPW/KAA/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
right and full power to grant this Deed of Easement.
~- IN WITNESS WHEREOF, the Grantor has caused this Deed of Easement to be
i ~,
~,,, executed and subscribed this ~ day of 199
Signed and acknowledged
i t e presence
~r ~'~ ' r1{~~.5
Wit ess
/V1ars~ ..7"cr~e~
(P nt Name
~ ~
Wit ess
~ ~~
(Print Name)
JPW/Kgp/256017
035505.597
2
CITY OF DUBLIN, OHIO,
By:
Timothy C. Hansley,
Its: City Manager
i
I
Ifow
STATE OF OHIO,
COUNTY OF FRANKLIN, SS:
BE IT REMEMBERED, that on this ~y day of~,tr1UQ,~, ~ , 199, before me,
the subscriber, a Notary Public in and for said County, personally came the above named City
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.
. ~~~ ~ ~e~
otary Public
TINA IN. JONES
. Nerq AiMe~ Mw ~C1~4~,~
M ~ o My cen.nN~io" Exprw ~_
.~
~. ~ T .r
,F o F °,,..
This Instrument Prepared By
Carlile Patchen & Murphy
366 East Broad Street
Columbus, Ohio 43215
JPW/KAA/256017
035505.597
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'~ O F O~'~,e.
,~~ ~'~ ....... y/ ~i
:' DAVID •'•.
L. ;
* ; CHIESA ; ~
,~ 7740 0
• ~,
,~~OO~.o UR V E~~eoo'~,,.
M-E Civil Engineering, Inc.
.~
by
David L. Chiesa, P.S.
Registered Surveyor No. 7740
963240stm.eas\q\legal
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
-~~ 1.007 ACRPG. F13
O.R.V. 28425,
o
STORM SEWER
EASEMENT EXHI BI T
BOARD OF EDUCA710N OF
THE DUBLIN CITY SCHOOL DISTRICT
O.R.V. 18272, PG. C04
20.287 ACRES (ORIG.)
E~~NN~NG
AcE OF B
P~
THE CITY OF DUBUN
.~.«,
O.R. 11008, PG. D 03
22.166 AC. p'' o
~I~ 'gym
v
~ ~
~11~~ D-~
~~g
~fl~~ om
~ ZIP°~' ~z
!~ //
V // 64
V ~ 63
/ .
1~~//~
(O// ~h 62
76
nO h(p//.O'4j 77
_ Y ~~// ,~~ 60
'~ 78
/ ~~
59
~ 7s
58
I
~i+~r
_y~\
?~ ~1Oa/-
~ ~~ v
SCALE 1 "= 200'
SURVD DRAWN CHECKED
DC DC
80
4.
THE CITY of DUBJN
O.R. 16401, PG. E 16
8.853 AC.
~ '
/
I ANGELES
I I ORI ~
~-~
~~~
1 ~
\ ~
~ `~F~
\ ~~~
\ \m`
°~\
\ ~~
~` \
65 I 66 I 67 I 68 I 69 I 70 ` 43 I 44 I 45
PHOENIX PARK DR
- r-- -Y -~ -~ --r- __._
75 74 73 72 71 'F2 '41 _ 40
~ ACE CTl
P.B. 9 PG.
35 36 37
95 96 97 98 99
`~ ~- ~- ~-
oISIN cr
94 ~~~~ ~ T
93 I 92 I 97 , 90 I 89 I 34 ` 33
57 ~( 81 I
\ 82 85 8B 87 88 27
56 83 84
\ °~0{ip{{OOO/OOp~0~0
R o°o -~E 0 F O ooO°
55 NEW GRANGE D o°o~~P .,,~, h'
_ ~ °°o
54 ~2 1 7~ ~ .oo ~ D A VI D ~ O oo~o
53 I 5 50
L. •
"a ~ ~ CHIESA ~ ~ e
7740 0 , o
..~
ovo4° . FC/S TE~~ ; ooc
DATE X16 f 97 963240 °°°OOOO o'/l; ~E`(O~oo°°°o
REVISED DATES JOB NUMBERS ~~~
B Y 77`0
R GISTERED SURVEYOR No.
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 comer of a original 20.287 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.
~~d-,~~p~ 0 F 0 %~
~ G:' ~ DAVID ~~'~.~~
• L. •
~ CHIESA ~
:: ~ 7740 0:
'•~.~'/STE~~v'
••'•••~URV E~O~•'~~.
M-E Civil Engineering, Inc.
r
by
David L. Chiesa, P.S.
Registered Surveyor No. 7740
963240stm.eas\q\legal
M-E CIVIL ENGINEE~ZING INC.
635 BROOKSEDGE BOULEVARD
WESTERVILLE, OHIO 43081
PHONE (614) 818-4900
FAX (614) 818-4901
9.593 ACRES
O.R.V. 31892, PG 103
as-
NORTH
~~ -~ _---1007 A~~ F13 STORM SEWER
O.R-~, 28425, PG. EASEMENT EXHI BI T
BOARD of EDUCanoN of
THE DUBLIN CITY SCHOOL DISTRICT
O.R.V. 18272 PG. C04
20.287 ACRES (ORIG.)
~~
~ .~
.~ ~,
7HE qTY OF DUBLIN m
O.R 1100 PG D 03
22.166 AG ro''
o ~~
~t-
~ 1'~O
'+ ,
1 d.
O''~~
~ zl f~
~~
~ // 63
~^~ h~
~~ ~'~' s2
,~ ~~,~,~
~ J ~Q~,,4~ ?~• 61
p ,h~%,O~
~~
I 59 I
58
P~~E OF BE
~o~
o~~
~~
~~ C
c~a
1O / 57 ~ 81
~'v
56 /~ `C
SCALE 1 "= 200'
SURVD DRAWN CHECKED
DC DC
DIM[; NAl1E~ 9624eEAS
82
//
r
f~
/
ANGELES
I r°R~~
I ~
~~I
~~4
~ `~F\
\ ~~\
~ ~m~
~\
~~
`\
~ 44 45
68 69 70
64 65 66 67
/ PHOENIX PARK DR
_ -r- .
/ 76 75 74 73 72 71 42 41 40
' 77 o LL ACE cn
P.B. 9 PG.
97 98 99 35 36 37
95 96
78
7s OISIN CT _ .___
94
80 90 89 34 ~
\ 93 92 I 91 -
THE CITY OF DUBLIN
O.R. 1840}. PG E 16
X853 AC
85 86 ~ 87 I 88 I 27
83 84
0oooo`P-(E 0 F -O°O0°°oo
DAVID ~•'• ~ o`
L• •:
* ; CHIESA ; ~
~• ~, 7740 0
°o~ •'•~;~'/STE~~' X000
55 NEyy GRANGE DR
54 53~2T1~ 50
DATE 4 f 16/97 963240
REVISED DALES JOB NUMBERS
°°oO..R~ on ~ °O~Ov
B Y ~ 7?~fD
R GISTERED SURVEYOR No.