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49-03 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No. 30043 Ordinance No. 49-03 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND GRANT A DEED OF EASEMENT (STORM SEWER EASEMENT) TO EDWARDS GOLF COMMUNITIES, LLC, LOCATED SOUTH OF WOERNER-TEMPLE ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. WHEREAS, a goal of Dublin City Council is to continue to work with utility companies and developers for the continued development of utility infrastructure; and WHEREAS, the City of Dublin desires to convey a storm sewer easement to Edwards Golf Communities, LLC ("Edwards") to construct, operate and maintain a storm sewer, appurtenant works, and tributary connections beneath the surface to benefit the Villas located at the southeast corner of Woerner-Temple road and Eiterman Road; and WHEREAS, the City desires to execute an easement agreement in a substantially similar form to the attached Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Dublin City Council authorizes the City Manager to execute a Deed of Easement with Edwards described as "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 ~ day of , 2003. ayor Presiding Officer I ATTEST: 2r,~.~ ~ Clerk of Council ~ I hereby certify that copies of this) Ordinance/Resolution were posted in th City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. I C of Council, Dublin, Ohio ~ SCHOTTENSTEIN ZOX sc DUNN o legal Professional association MEMORANDUM TO: Dublin City Council Jane Brautigam FROM: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: Apri130, 2003 RE: Ordinance No. 49-03 SUMMARY: Edwards Golf Communities LLC has requested a storm sewer easement to construct, operate and maintain storm sewer infrastructure to benefit the Villas located at the southeast corner of Woerner-Temple Road and Eiterman Road. Ordinance No. 49-03 is for the execution of a deed of easement to provide storm sewer service to the Villas. RECOMMENDATION: Legal Staff recommends approval of this Ordinance. www.SZD.com Columbus Cleveland Cincinnati (H0319975.1 f The Huntineton Center.41 South High Street. Suite 2600. Columbus. Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5135 GRANTOR: THE CITY OF DUBLIN, OHIO, an Ohio municipa[ corporation T GRANTEE: EDWARDS GOLk' COMMUNITIES, LLC, an Ohio limited liability company DEED OF ~ASEM~NT storm sewer easement KNOW ALL MEN BY THESE FRESENTS, that the City of Dublin, Ohio, a municipal corporation, with offices located at 5200 Emerald Parkway, Dublin, Ohio 43017, the "Grantor", for and in consideration of One Dollar ($1.00) and Other valuable consideration to it paid by Edwards Golf Communities, tY.C, an Ohio limited liability company, the "Grantee" herein, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the t'rrantee, its successors and assigns forever, anon-exclusive, permanent easement aver, under, and through certain real estate hereinafter described for the following purposes; for the construction, operation and maintenance of a storm sewer, appurtenant works, and tributary connections beneath the surface of the ground, including the right to clean, repair, and care for said utility, together with the right of access to the said easement area for said purpases. EAS1Ei1`I>ENT Alftl e . Said Easement Area is situated in the State of Ohio, County of Franklin, and City of Dublin, and is more particularly described, shown and delineated in Exhibit "A" attached hereto, made a part hereof, and consisting of two (2) pages. Grantor, for itself, Its successors and assigns, hereby releases Grantee from any further claims for compensation or claims for damages resulting from this grant or the construction of said utility, except that Grantee and contractors for the Grantee shall not be released from liability for damages caused by their negligence. The Grantee, as soon as is practicable after construction of said utility and all subsequent alterations and repairs thereto, shall cause all affected property of Grantor to be restored to its original condition as nearly as is reasonably possible. This covenant to run with the land. The right granted herein shall not be construed to interfere with nor restrict the use of the premises with respect to the construction and maintenance Of property improvements along the premises herein described so long as the same are constructed in such a manner so as not to impair the strength or interfere with the use and maintenance of said utility. In the event the herein described Easement Area overlaps parts of existing easements, such existing easements shall not be limited in use by the easement granted herein in any manner. The granting of this easement does not preclude the use of the casement area by water, sanitary I sewer, electric, natural gas, telephone or cable television facilities. This instrument shall be binding on, and shall inure to the benefit of the successors and assigns of the parties hereto. This conveyance is subject to easements, conditions, restrictions, reservations and zoning regulations of record, and aII legal highways. Prior Instrument Reference: Official Instrument No. 2000112102363695, Recorder's Office, Franklin~County, Ohio. TO HAVE AND TO HOLD said premises unto said Grantee for the uses and purposes hereinbefore mentioned. Grantor has caused this instrument to be e.cecuted as of this day of , 2003. the City of Dublin, Ohio by: print name print title STATE OF OHIO, COUNTY OF FRANKLIN, SS: BE IT REMEMBERED that on this day of , 2003, before me a Notary Public in and for said County and State, personally appeared the City of Dublin, Ohio, a municipal corporation, by ,its acknowledged that the signing of the foregoing instrument has been duly authorized by and is the freeho and voluntary act and deed of the City of Dublin, Ohio. IN TESTIMONY WHER)aOF, I have hereunto set my hand and afExed my official seal the day and year as written above. Notary Public This instrument prepared by: Thomas Markwortt~ Attorney gt Luw 90Q Michigan Avenue, Suite B Columbus, Qhio 43215 (6!4)645-3641 or24t-?078 4 S7YlRM SEWER EASEMENT 0,08? ACRE SITUATED TN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED TN VTRQNIA MILITARY SURVEY NUMBF.Et 3453 AND BANG OUT OF THAT 23.59$ ACRE TRACT' CONVEYED TO THE CITY OF DUBLIN, OHIO BY DEED OF RECORD IN INSTRUMENT NUMBER 200011210236365 (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE, ATTHE NORTHWESTERLY CORNER OF SAID 23.598 ACRE TRACT, THE NORTHEASTERLY CORNER OF SAID DUFFY VILLAS, LLC TRACT BY DEED OF RECORD IN INSTRUMENT NUMBER 200z05z40i29340, IN THE SOUTHERLY RIGHT OF-WAY LINE OF WOERNER TEMPLE ROAD AS CONVEYED TO THE CITY OF DUBLIN, OHIO, BY DEED OF RECORD IN INSTRUMENT NUMBER 200110220242691; THENCE~NITH THE WESTERLY LINE OF THE GRANTOR'S TRACT, THE FOLLOWING COURSES AND DLSTANCES: SOUTH 52° 09' 2b" WEST, A DISTANCE OF 31.36 FEET TO A POINT; SOUTH S2° 09' 2fi" WEST, A DISTANCE 4F 10.81 FEET TO A POINT; SOUTHWESTERLY WIIT-1 THE ARC OF A CURVE TO THE RIGHT (DELTA ~ 02° 30' 16'; RADIUS 512.55 FEET A CHORD BEAR,YNG AND DISTANCE OF SOUTH 36° 28' 30" WEST, 22.40 FEET TO A POINT; SOUTH 84° 07' 14" WEST', A DISTANCE OF 11.42 FEET TO A POINT; SOUTH 52° fl9' 26" WEST, A DISTANCE OF 6.56 FEET TO A POINT; SOUTH 02° 03' 32" WEST, A DISTANCE OF y5.00 FEET TO A POINT; SOUTH 34° 15' 59" EAST, A pISTANCE OF 4$0,08 FEET TO THE TRUE POINT OF BEGINNING; THENCE ACROSS GRANTORS TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 77° 22' S4" EAST, A DISTANCE OF 199.75 FEET TO A POINT; SOUTH Z2° J7' WEST, A DISTANCE OF 20.00 FEET T~Q A POINT; NORTH 77° 22' ,54•' }N~-~ A DISTANCE OF 178,39 FEET TO A POINT ON SAID EASTERLY AND WESTERLY LINES; THENCE NORTH 34° 15' S9" WESTi WITH SAID EASTERLY AND WESTERLY LINES, A DISTANCE OF 29•Z6 FEET Tq THE TRUE POINT pF BEGINNING, CONTAINING 0.087 ACRE OF LAND MORE OR LESS, A DRAINING IS ATTACHED HERETO AND MADE PART THEREOF. SUBJECT, NOWEVF„F~, TO ALL LEGAL. RIGHTS-OF-WAYS AND/OR EASEMENTS, IF ANY, OF PREVIOUS RECORD, BEARINGS FOR THIS DESCRIPTION ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM AS PER NAD83. CONTROL FOR BEARINGS WAS FROM COgRDINATES OF FRANKLIN GtiUNTY GEODETIC SURVEY MONUMENT" NUMBERS SS36 AND 7752, HAVING A BEARING OF SOUTH 85° 20" BEN SAID MONUMENT, ESTABLLSHED BY THE FRANKLIN COUNTY ENGINEERING DEPARTMENT, USING GLOBAL POSI7TONING SYSTEM PROCEDURES AND EQUIPMENT. EIIANS, MECHWART, HAMBLE701V, & TILTON. INC. x r JE ` * t ~EF~EYa U VEYQR N0.7211 - MtLt.ER a ~ ~ 7291 :tea 9 a ~Acsd~ Tf1TAl P. AS . _ ~ Sl"ORM SEWER EAS~MENr L pCA TED IN CdNiULi)NO BAO)xBEti t )VIYBiOit ~!'RGINIA MILITARY SURi/EY NUd1BER 3453 a~s,txt[A, 0?)0 /3331 CITY OF QUBUN, FRANKL/N GOUNTr OH/p a s52~926"W C~ 0=02:30'J6" . .3r.3s" R~5r255' ~ ss2~9zs"W ,II`~ ~ ~11 ~ S52 09 2fi "W ChB'=536' ' 6.56 I 1 Jo, s1' _ 28 30 W ChO-22.40' ~ S02 ~3 32 "W ao' ~ 5$4'47'x4 "W - 1`1.42' ~C `~1.., Alas of Ba/lantroe ~~'~`'`_~~`~f'„~.IY Condominum ~ ,Condo P.B. 909. Py 49-67 -.'Q~~y R B 1 ~ ~ J tip. .,-per ~ ~.Q~~-Q • `~O~ ~ O Duffy ~!/as, LLC, ~ ~cs~ ~ ~ 7.229 AG. sa ~ I N. 200.205240129.340 ~ 'f' P./.N. 274-000659 ~~a, The City of Dub/in, Ohro TRUE POB ~ L N. 2001 J[7220242691 S77i2'S4 "E 199, 75~^ Edwards Golf Cammunifies, LLC Q 087 Ac. 56.72$ Ac. (Origino/) N347S',59 "W N_ 200009290998490 29.26 S72'37'OS "LY 20.00' N7722'S4 "W 178.39 The City of 4ud/in, Ohio 23, 598 Ac. „ _ - - N. .200071210235365 i ~l. 274- 000339 BASIS Gib BEAR/NGSt EeQr~nys ore based oa the Ohio State F'larfe Gvadmate System os per NA08,~ Cantro/ for beorfn s ~a coardinofes of monuments 5536 & 77,5? ha ' y wvs from ~ ~~a_~ South B5442D"Eost, behreen manumRl?t~ est~ishedb?9'~'~~,QtF~~~i•~r~~-- ~~6= the Fronk//» Cou»ty Engineering Ogoortmen usin ~,,y ~ ~7rrc Pasi7ionin S tem ~ 9 ~~~{w~ A;~`~ .i,~% ~N~eL 3uttveroRS. ~Aw~R„ 9 J+s p/+x'eduros and equipment. S ~ ~ ~'A~4.M JEFFREY ~y ~w~r w~au~ok sr~ror,, nac. ~ ~ ito~usrx~r, ~ TEL: q4-471 1 • fi1l~ 8 ~-i739Z66 zao' a xoo• M~L~~ 4ov [~Af~H/C SCA[~' ~r~f~~~ Iv~''(~~Q` o/ rveyar .7211 (IN FEFTJ ~+~~~~i SON nA~~ f MARCH 5, 20D3