Ordinance 055-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. _ _ _ _ _ _ss-}s
Form No.30043
Pas sed .20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO
ACQUIRE A 0.853 ACRE, MORE OR LESS, PERMANENT
EASEMENT FROM THE DUBLIN CITY SCHOOL DISTRICT
BOARD OF EDUCATION, FOR THE CONSTRUCTION OF A
SHARED -USE PATH CONNECTION ALONG THE WESTERN
AND NORTHERN PROPERTY LINES OF DUBLIN SCIOTO
HIGH SCHOOL, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path
connection along the western and northern property lines of the Dublin Scioto High
School (the "Project'; and
WHEREAS, the project requires that the City obtain a permanent shared -use path
easement from the Board of Education of the Dublin City School District (the "School
District'; and
WHEREAS, the School District desires to grant the City a permanent shared -use path
easement for the construction and maintenance of the Project, and has passed a
resolution authorizing the execution of the permanent easement to the City; and
WHEREAS, following the School District's resolution, it executed the proposed
permanent easement conveyance document for the shared -use path connection; and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the School District.
NOW, T EREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire a 0.853 acre, more or less, permanent easement
from the Dublin City School District Board of Education, said property more fully
described in the Exhibits labeled "A" and depicted in the Exhibits labeled "B."
Section 2. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to prepare and sign all agreements and instruments and to take any
other actions as may be appropriate to implement this Ordinance.
Section 3. This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety or welfare, and for the
further reason that obtaining the property interest is necessary for the advancement
of this Project. The Ordinance shall therefore take effect immediately upon passage.
Passed this 16�- day of 2015.
yor — Presiddingdfficer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Dana L. McDaniel, City Mana��r��
Date: August 6, 2015
Initiated By: Megan O'Callaghan, Public Works Director
Jennifer D. Readler, Assistant Law Director
Memo
Re: Ordinance 55 -15
AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE
DOCUMENTS TO ACQUIRE A 0.853 ACRE, MORE OR LESS, PERMANENT
EASEMENT FROM THE DUBLIN CITY SCHOOL DISTRICT BOARD OF
EDUCATION, FOR THE CONSTRUCTION OF A SHARED -USE PATH
CONNECTION ALONG THE WESTERN AND NORTHERN PROPERTY LINES OF
DUBLIN SCIOTO HIGH SCHOOL, AND DECLARING AN EMERGENCY.
BACKGROUND
The City of Dublin (the "City ") is preparing to construct a shared -use path connection along the
western and northern property lines of Dublin Scioto High School (the "Project'j. The construction
of this Project will provide a new shared -use path connection between Hard Road and the
Wyandotte Woods area.
The Project requires that the City obtain a permanent easement from the Dublin City School
District Board of Education. The easement is located along the western and northern property lines
of Dublin Scioto High School, which is Franklin County Parcel Number 273 - 008626.
After engaging in amicable discussions, the School District has agreed to execute the permanent
easement, transferring those rights to the City at no cost. On June 22, 2015, the School District
passed Resolution No. 15 -086, which authorized the execution of the permanent easement for the
City's shared -use path. The School District subsequently executed the easement document.
ACQUISITION
The City is acquiring the permanent easement from the School District, as described and depicted
in the legal exhibits attached to this memorandum, consisting of 0.853 acre, more or less, for the
purpose of construction, grading, utility work, and other work related to the construction of a
shared -use path connection.
RECOMMENDATION
Staff and the Law Department recommend that Council dispense with the public hearing and
approve Ordinance No. 55 -15 by emergency at the August 10, 2015 Council meeting as the
construction of the Project is necessary for the public welfare and safety, and approval of the
ordinance will keep the Project moving forward. The plan is to construct this Project prior to the
end of this construction season.
The Board of Education of the Dublin City School District. Ohio met :n regular/ Work. Session
on June 22, 2015 commencing at 7:00 p.m.. at the Central Administration Building
Oublin, Ohio, with the .following members present.
Ms. Lynn May
Mr. Stu Harris
Mr. Scott Melody Mr. Christopher Valentine
Mr. Rick Weininger
The Treasurer advised the Board that the notice requirements of Section 121.22 of the
Revised Code and the implementing rules adopted by the Board pursuant thereto were complied
with for the meeting.
Mr. Harris moved the adoption of the following Resolution:
RESOLUTION NO. 15 -086
A RESOLUTION AUTHORIZING THE EXECUTION OF A
PERMANENT EASEMENT FOR A CITY OF DUBLIN SHARED -USE
PATH.
WHEREAS, the City of Dublin (the "City ") is preparing to construct a shared -use path
connection along the western and northern property lines of Dublin Scioto High School (the
"Project "): and
WHEREAS, the Project requires that the City obtain a permanent shared -use path
easement from the Board of Education of the Dublin City School District (the 'School District "):
and
WHEREAS, the School District desires to grant the City a permanent shared -use path
easement for the construction and maintenance of the Project.
NOW, THEREFORE, BE IT RESOLVED by the Board o1' Education of the Dublin
City School District, Delaware, Franklin, and Union Counties. Ohio, that.
Section 1. Approypl and EXeouition of Permanent Easement. The President or Vice -
President and Treasurer of this Board are hereby authorized to sign. acknowledge, and deliver, in
the name of and on behalf of the School District, a permanent easement for the construction of a
shared -use path substantially in the form as attached hereto. The furor of the permanent bike path
easement is approved with such changes therein that are not materially inconsistent with this
Resolution and not substantially adverse to the School district and that are permitted by law and
shall be approved by the Superintendent and Treasurer. The approval of such changes. and that
such changes are not materially inconsistent with this Resolution and not substantially adverse to
the School District, shall be conclusivelN e\ idenced by the signing of the permanent shared -use
path easement by those officials.
Section 2. Koval and Executioner Refate�ocu_men15. The Piesidettt or Vice -
President and Treasurer of this Board and the Superintendent, or such other School District
officials as shall be designated by those officials. as appropriate, are each authorized and directed
to sign any certificates or documents, and to take such other actions as are desirable, advisable,
necessary, or appropriate, to consummate the transactions contemplated by this Resolution and
the permanent shared -use path easement.
Section 3. Prior Acts Ratified_ ar oril"WI e_d. Any actions previously taken by
School District officials or agents of this Board in furtherance of the matters set forth in this
Resolution are hereby approved, ratified, and confirmed.
Section 4. Compliflnc__e with O�znMeetinRzyuirements. This Board finds and
determines that all formal actions of this Board and any of its committees concerning and
relating to the adoption of this Resolution were adopted in an open meeting of this Board or
committees, and that all deliberations of this Board and any of its committees that resulted in
those formal actions were in meetings open to the public, in compliance with the lave.
Section 5. Captions and Headings. The captions and headings in this Resolution are
solely for convenience or reference and in no way define. limit. or describe the scope or intent of
any Sections, subsections. paragraphs. subparagraphs, or clauses hereof.
Section 6. Effe_ctive Date, This Resolution shall be in full force and effect from and
immediately upon its adoption.
_Mr. Valentine
seconded the motion.
Upon roll call on the adoption of the Resolution, the vote was as follows:
_ Mrs. May aye Mr._ Harris aye
Mr. Melody _aye Mr. Valentine aye
Mr. Weininger
Treasurer's Certificate
The above is a true and correct extract from the minutes of the regular meeting of the
Board of Education of the Dublin City School District. Ohio, held on .Tune 22
2015, the tie, date. and place of which. as shown above. having been established at the Board's
organizational meeting in January. 2015, showing the adoption of the resolution hereinabove set
forth.
Tr /asurer, Board of Education
blin City School District. Ohio
4819.9844.6881., I
EASEMENT FOR SHARED -USE PATH
THIS EASEMENT FOR SHARED -USE PATH (the "Easement ") is made and entered into this ',X� h�
day of Mxh.&_ 2015, by and between the Dublin City School District Board of Education, an Ohio
Public School District and political subdivision of the State of Ohio ( "Grantor ") f�kfa Board of Education.
Washington Local School District, and fik,'a/ the Washington Local School District, whose mailing address is
7030 Coffman Road. Dublin. Ohio 43017, and the City of Dublin. Ohio. an Ohio municipal corporation
( "Grantee "). whose mailing address is 5200 Emerald Parkwap. Dublin. Ohio 430 1 7.
BACKGROUND INFORMATION
WHEREAS. Grantor owns the real property in City of Dublin. County of Franklin, identified as
Franklin County Parcel Number 273 - 008616 consisting of 10.0 acrrs. more or less (the "Grantor's
Property"):
WHEREAS. Grantee desires a 0.853 acre. more or less, easement over those portions of the
Grantor's Property legally described on the attached Exhibit A and depicted on the attached Exhibit B ithe
"Easement Area ") for the purpose of constructing and maintaining a shared -use path: and
WHEREAS. Grantor desires to grant an easement over the Easement Area for the benefit of Grantee.
upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMEN °T
NOW, THEREFORE. for good and valuable consideration. the receipt and sufficiency of which are
hereby acknowledged, the parties agree to the foregoing Background Information and as follows:
I. Grant of Un neat. Subject to any existing easements or other rights of record, Grantor
grants to Grantee, its agents. employees, independent contractors. and successors and assigns, a perpetual.
non - exclusive easement in. through, over and under the Easement Area for the follow ing purposes: (i) to
construct, operate, maintain, repair and replace a shared -use path and to perform such grading work as
Grantee deems necessary in connection therewith. and (ii) of ingress and egress over those portions of
Grantor's Property immediately adjacent to the Easement Area as reasonably necessary to facilitate
Grantee's use of the Easement Area as permitted hereby. Grantee, as soon as reasonably practicable after
construction of the path, including any alterations and repairs thereto, and completion of the grading work
shall cause the Easement Area to be restored to their former condition as nearly as is reasonably
practicable. Grantee shall have the right to remove any and all vegetation growing within the Easement
Area as is reasonably necessary to facilitate Grantee's use thereof as permitted by this Easement. Grantor
has the right to enter on the Fasement Area for any purpose whatsoever provided such entry by Grantor
does not in any way impair or hinder the rights granted to Grantee in this Easement.
Grantee at all times shall have the obligation to maintain and repair the shared -use path
constructed within the Easement Area. Grantor shall only have the obligation to repair or replace any
damage to the Easement Area caused by Grantor or its im itees. Grantee further agrees to include
the Easement Area within the scope of its customary liability policy or policies.
2. Relat ft$hiR to__Pa__rtl_es. Nothing contained herein shall be deemed or construed by the
parties or by any third party as creating the relationship of principal and agent. of partnership or of joint
venture between the parties, it being understood and agreed that no provision contained herein or any act
of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights
and easements set forth herein.
3. Waiver. Except to the extent that a party mad have otherwise agreed in writing. no
waiver by such party of any breach of the other party of an.N of its obligations. agreements or covenants
hereunder shall be deemed to be a waiver of any subsequent breach ol'the same or of any other covenants.
agreements or obligations. nor shall any forbearance by a park to seek a rented} for any breach by the
other party be deemed a waiver of any rights or remedies with respect to such breach or any similar
breach in the future.
d. &ve rabiLgy. In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
5. Captions aiid. Pro-riQUn_Ljsagz. 'rhe captions and section numbers in this Casement are for
convenience only and shall not be deemed to be a part hereol'. The pronouns used herein shall be
considered as meaning the person, number and gender appropriate under the circumstances at any given
time.
6. C,&v_erni_ ne Law. This Easement shall be governed by and construed in accordance with
the laws of the State of Ohio.
7. M_difie tQ. This Easement, or any easement or covenant set forth herein. may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument
executed by the parties hereto and recorded with the Recorder's Office, Franklin County. Ohio with
reference made to this Easement.
8. Benefit. This Easement shall run with the land and inure to the benelit ol'and Ix binding
upon the parties hereto and their respective heirs, executors, representatives. successors and assigns.
9. tN iltprjL,�. Grantor represents and warrants that it has taken my necessary Board or
corporate action to enter into this Easement and grant the rights hereby conveyed to Grantee.
10. Assignment. Grantee's interest and rights herein shall not be assigned without Grantor's
consent.
(Signatures on the follow ing pagef
IN WITNESS WHEREOF. the parties hereto have set their hands as of the date set forth above.
GRANTOR:
THE DUBLIN CITY SCHOOL DISTRICT
BOARD OF EDUCATION
B}
Bpa Pres' en
L- Q _
Prit ted Name
Bv.
r asure
Printed Name
STATE OF OHIO
ss.
COUNTY OF FRANKLIN
GRANTEE:
THE CITY OF DUBLIN. OHIO
Dana L. McDaniel. City Manager
BE IT REMEMBERED. [hill on this daN of 2015. before me. the
subscriber, a Notary Public in and for said state, personalh appeared Dana L. McDaniel. the Clh
Manager of the City of Dublin. Ohio. an Ohio municipal corporation. who acknowledged the signing
thereof to be his voluntary? act and deed for and on behalf oldie City of Dublin. Ohio.
IN TESTIMONY WHEREOF. I ha%e hereunto subscribed m} name and affixed m) official seal
on the day and year last aforesaid.
STATE OF OHIO
ss
COUNTY OF FRANKLIN
Notary Public
nd
BE IT REMEMBERED, that on this �U day of _ h e . 2015, before me, the
subscriber, a Notary Public in and for said state, personally appe ed Lynn May. Board President, who
acknowledged the signing thereof to be her voluntary act on behalf of the Dublin City School District
Board of Education.
IN TESTIMONY WHEREOF. I have hereunto subscribed niN name and affixed mN official seal
on the day and year last aforesaid.
STATE- OF OHIO
ss.
COUNTY OF FRANKLIN
BE IT REMEMBERED. that on this da
subscriber, a Notar> Public in and for said state. persc
acknowledged the signing thereof to he his voluntary a
Board of Education.
NolarN Public
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me. the
surer. who
_ __.._ol District
IN TESTIMONY WHEREOF. I have hereunto subscribed nth name and affixed my official seal
on the day and year last aforesaid.
Notar) Public
This Instrument Prepared By: Frost Brown Todd LLC. One Colun
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DESCRIPTION OF EASEMENT
FOR BIKE PATH PURPOSES
0.853 ACRES
Situated in the State of Ohio, County of Franklin. City of Dublin, located along the north
property line of and being part of a 10.00 acre tract conveyed to Washington Local School
District (Dublin City Schools), as recorded in Deed Book 3265, Page 637, and being more
particularly described as follows:
Beginning, for reference, at a point marking the northwest corner of said 10.00 acre tract, and
the southwest corner of Wyandotte Woods Section 7, as recorded in Plat Book 116, Page 63;
thence South 86' 30' 38" East 45.00 feet, along the north line of said 10.00 acre tract and south
line of Wyandotte Woods Section 7, to a point marking the TRUE POINT OF BEGINNING of
the herein described easement:
thence continuing South 86' 30' 38" East 681.00 feet, along the north line of said 10.00 acre
tract and south line of Wyandotte Woods Section 7, to a point marking the northeast corner of
said 10.00 acre tract and the northwest corner of an original 90.698 acre tract, conveyed to
Flomewood Corporation, recorded In Official Record 8142, Page B 10
thence South 02" 29' 22" West 25.00 feet, along the east line of said 10.00 acre tract and west
line of said original 90.698 acre tract, to a point.
thence the following five (5) courses and distances across said 10.00 acre tract:
North 86° 30' 38" West 220.36 feet, to a point:
South 03° 29' 22" West 15.00 feet, to a point;
North 861 30' 38" West 265.38 feet, to a point;
South 58° 28' 19" West 235.22 feet, to a point;
North 02 29' 22" East 175.00 feet, to the true point of beginning, containing 0.853 acres more
or less.
This description was prepared by Patridge Surveying, May, 2015.
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Map Number: 29 LIP Design Year: 2013 CHIP construction Year Existing Paths
m+s — elks ..
Name: Scioto High Path Design Cost:$ $107,080.00 m +a — Patlaena, c mor
— 2011
Funding: CIP -Minor CIP Construction Year: 2015 2o+s
— 2019
Type: Bikepath 3,101 ft. Construction Cost: $200,000.00 . m2e
Bikeway Planning - Connections and Additions
Pma9n.n nao
Petlestnan Cmnsucn