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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.