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.
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