32-06 Ordinance AMENDED RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
32-06 (amended)
Ordinance No. Passed 2~
- _ _ _
AN ORDINANCE REPEALING SECTIONS 150.055, 150.056,
AND 150.057, AMENDING SECTIONS 96.01, 96.16, 96.99, AND
150.999, AND ADDING SECTION 150.055 OF THE DUBLIN
CODIFIED ORDINANCES REGARDING ENCROACHMENTS
ON CITY-OWNED PROPERTY AND EASEMENTS.
WHEREAS, the Dublin Parks and Open Space Department has discovered a variety
of encroachments, such as gazebos, permanent playground equipment, trampolines,
and birdhouses, from private properties into public parks and other City-owned
property; and
WHEREAS, such encroachments infringe upon the use and enjoyment of all Dublin
residents and persons that use the City-owned property; and
. .
WHEREAS, Council has determined that it is m the best interest of its residents to
have Dublin Code sections which prohibit encroachments into the public parks and
City-owned property; and
~I WHEREAS the En ineerin De artment re Marl receives re uests from
q
g g p g Y
landowners to allow encroachments, such as patios, decks, signs, fences, and
driveways, into the City easements located on private property; and
WHEREAS, such encroachments may be acceptable in certain instances when the
encroachments will not damage the City's infrastructure, and the landowner agrees to
r into the easement•
utilit coin an needs to ente
i a the cost of re air if the Cit or a ,
p Y Y p Y
pY
and
WHEREAS, Council has determined that it is in the best interest of its residents to
have a procedure in the Dublin Code whereby the landowner can file an Application to
enter into an Encroachment Agreement; and
WHEREAS, the City Engineer can review the Encroachment Agreement Application,
and on a case-by-case basis determine if the requested encroachment is acceptable.
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 Codified Ordinances, Sections 150.055, 150.056, and 150.57, are
hereby repealed.
Section 2. Dublin Codified Ordinances, Section 96.01 is hereby amended to include a
"City-owned property" definition, as follows:
CITY-OWNED PROPERTY. For the purposes of this Chapter, City-owned
property shall include any real property and public parkland owned by the
City, not including easements held or used by the City.
Section 3. Dublin Codified Ordinances, Section 96.16 is hereby amended to read as
follows:
§ 96.16 DEPOSIT OF MATERIAL; ENCROACHMENT INTO
CITY-OWNED PROPERTY.
(A) No person shall deposit, discard, dump or leave behind any
material of any kind ~ on any City-owned property
,except materials arising from the normal use
and enjoyment of ~ City-owned property and then only in
rece tacles which ma have been rovided for this u ose.
p Y p P rP
I~
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
32-06(amended) Page 2
Ordinance No. Passed , 20
(B) No person shall, adjacent to k any_City-owned property,
deposit, discard, dump or leave behind any noxious or waste material1
including but not limited to, paper, garbage, ashes or refuse
which may blow, wash or be otherwise transported ate--a~rl~on any
City-owned property.
(C) No person in or adjacent to ~ any City-owned property
shall place or permit to be placed in any l~ City-owned waters any
noxious or destructive ~°'a~~ substance, either solid or liquid which
may render such waters harmful or ~1 detrimental to the public
health or to animal and plant life.
(D) No person on or adjacent to any City-owned property shall
place deposit build, or construct any encroachment, whether temporary
or permanent including but not limited to buildings, parking, driveways,
sidewalks sheds, swimming pools, patios, decks, play structures or other
accessory structures fences, antennae and basketball courts or other
wort courts, in, on, above, or below the City-owned property
Section 4. Dublin Codified Ordinances, Section 96.99 is hereby amended to read as
follows:
§ 96.99 PENALTY.
(A) Whoever violates 96.03, 96.16 (A), (B), or (C~, 96.17(A),
96.18, 96.21 or 96.24 through 96.27 is guilty of a m fourth degree
misdemeanor. r„ .,aa;+;,,,, ° ~ o~ ~~~r~ ~~,.,~i ~,a
(B) Whoever violates 96.15, 96.17(B), 96.19, 96.20, 96.22 or
96.23 is guilty of a first degree misdemeanor.
(C) Whoever violates §96.16(D) is guilty of a first degree
misdemeanor. Each day on which a violation occurs or continues
shall be deemed a separate offense.
Section 5. Dublin Codified Ordinances, Section 150.055, is hereby added to read as
follows:
§ 150.055 ENCROACHMENTS ON EASEMENT AREAS;
ENCROACHMENT AGREEMENTS.
~A) A landowner, who has an existing or proposed encroachment
into the City easement located on private property, shall file an
Encroachment Agreement Application with the City. Applicable
encroachments include, but are not limited to, buildings, parkin ag
reas,
driveways, sidewalks, sheds, swimming pools, patios, decks, play
structures or other accessory structures, fences, antennae and basketball
courts or other sport courts. Encroachments which do not interfere
presently with the public use of the easement area will be permitted to
remain should the landowner and the City enter into an Encroachment
Agreement.
(B) The landowner shall file an Encroachment Agreement
Application along with the applicable fee, with the City Engineer. The
City Engineer shall review the Application, and on a case-by-case basis
may determine that the proposed encroachment is acceptable.
RECORD OF ORDINANCES
Dayton Legal Blank Inc Form No. 30043
32-06(amended) Passed Page 3 20
Ordinance No.
Encroachments may be acceptable when the~do not impair the public
ved if a ublic
remo
p ~ p
r ca able of bein
aandae
asement are
use of the e
need for the easement area arises. Encroachments shall not be
permitted in designated drainage easements.
(C) Following approval the City Engineer shall forward the
i
hment to the
' A hcation with an conditions for the encroac
approved ~p ~
Law Director The Law Director will prepare an Encroachment
Agreement to be signed by the City Engineer and landowner. Upon the
landowner'~ayment of the applicable filing fee the City Engineer will
file the executed Encroachment Agreement with the applicable County
Recorder's Office.
(D) The landowner will be re~onsible for securing any additional
permission from utility companies or other rightful owners of
easements on the landowner's property.
(E) Should the City Engineer discover or be notified of an
encroachment into the City easement area the City Engineer will
provide a one-time notice of encroachment by hand delivery or
certified mail to the landowner and allow thirty_(30) calendar days for
the landowner to remove the encroachment or file an Encroachment
AgLeement Application Should the encroachment remain after thirty
' ~30~ calendar days in the absence of the landowner filing an
Encroachment Agreement Application the landowner shall be cited.
~F) Any landowner a~,grieved by_a decision of the City Engineer
may appeal such decision to the City Manager or the Manager's
designee Appeals shall be taken within 20 days after the decision by
nds.
ou
if 'n the
filing with the City Engineer a notice of appeal, spec n}_g__gr
The City Engineer shall transmit to the City Manager or the Manager's
designee all the papers constituting the record upon which the action
was taken.
~G) Nothing in this section shall_prohibit the City from entering into
an easement area when necessary to gain access at the location of the
In such situations the Cit shall not be res onsible for
v p
encroachment.
any costs expenses damages or reconstruction to the encroachment.
The Cit~Enaineer in his sole discretion will determine whether the
City will work in on above or below around or through the
encroachment.
(H) A landowner who enters into an Encroachment Agreement with
the City must adhere to all other Dublin Code sections, including but
not limited to Chester 98 regarding Right-of-Way Management.
Section 6. Dublin Codified Ordinances, Section 150.999 is hereby amended to read
as follows:
§ 150.999 PENALTY.
(A) Whoever violates any provision of this chapter for which no
specific penalty is otherwise provided shall be fined not more than
x-1-99 150. Each day on which a violation occurs or continues shall be
deemed a separate offense.
(B) Any person who shall violate any of the provisions of
150.001 through 150.006 or fails to comply therewith, or who violates
or fails to coin 1 with an order made thereunder, or who builds in
i Y
pY
violation of any detailed statement of specifications or plans submitted
I
i~
RECORD OF ORDINANCES
Dtwron Leal Blunk. Inc. Form No. 30043
32-06(amended) Passed Page 4 20
Ordinance No.
and approved thereunder, or any certificate or permit issued thereunder,
or who violates any provision of 150.155 through 150.159 regarding
the issuance of a permit, or completion dates, is guilty of a
misdemeanor of the fourth degree. Each day that such violation
continues shall constitute a separate offense. The application of the
above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
(C) Whoever violates any provision of 150.020 through 150.023
shall be guilty of a misdemeanor of the fourth degree.
(D) Whoever violates any provision of 150.105 through 150.110
including moving of a building without a permit shall be guilty of a
misdemeanor of the third degree for each such offense in addition to
other penalties imposed by law.
(E) Whoever violates or fails to comply with 150.125 through
150.127 shall be deemed guilty of a misdemeanor and fined not more
than $100. Any such violation or failure to comply shall constitute a
separate offense on each successive day continued.
(F) Whoever violates 150.140 through 150.146 is guilty of a
minor misdemeanor on a first offense. Each subsequent offense shall
constitute a misdemeanor of the fourth degree. Each day during which
such violation continues shall be deemed a separate offense.
(G) Whoever violates § 150.055 is guilty of a first degree
misdemeanor. Each day on which a violation occurs or continues shall
be deemed a separate offense. In addition, any person violating
§ 150.055 shall make restitution to the City for any and all damages
caused by such encroachment into an easement area including costs for
removal of the encroachment by the City. If the encroachment is not
removed the Cit~may remove the same and certify the costs thereof to
the County Auditor for collection.
Section 7. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
Passed this , day of , 2006.
Mayor -Presiding Officer
Attest:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
~Ud~~i~ ~=~~17 ~
De ty Clerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
CITY OF DUBLIIV_ Phone: 614-410-4400 • Fax: 614-410-4490 M e m o
To: Members of City Council
From: Jane S. Brautigam, City Manage~t~• a
Date: June 1, 2006
Initiated By: Fred Hahn, Director Parks and Open Space
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Barbara A. Cox, P.E., Assistant Director of Engineering -Development
Re: Ordinance 32-06 Repealing Sections 150.055,150.056 and 150.057, Amending Sections
96.01, 96.16, 96.99 and 150.999 and Adding Section 150.055 of the Dublin Codified
Ordinances Regarding Encroachments on City-owned Property and Easements
Summary:
As requested at the May 15, 2006 council meeting, specific reference to play structures has been added to
the ordinance. The revised copy is attached for your review.
As a quick summary, Section 96.16 (D) has been changed from: (D) No person on or adjacent to anv
City-owned property shall klace deposit build or construct anv encroachment, whether temporary or
permanent includine but not limited to buildings parking, driveways sidewalks sheds swimming Wools,
patios decks or other accessory structures fences antennae and basketball courts or other snort courts, m,
on above or below the City-owned groperty.
To read: ~D) No person on or adjacent to any City-owned property shall Mace deposit, build, or
construct any encroachment whether temporary or permanent including but not limited to butldint~s,
parking driveways sidewalks sheds swimming pools patios decks play structures oz other accessory
structures fences antennae and basketball courts or other sport courts in on above or below the Crtv-
owned property.
Section 150.055 (c) has been changed from: (A) A landowner who has an existing or proposed
encroachment into the City easement located on private property shall file an Encroachment Agreement
Application with the Cif Applicable encroachments include but are not limited to biuldm~s, parlan~
areas driveways sidewalks sheds swimming.pools,.patios decks or other accessory structures, fences,
antennae and basketball courts or other sport courts Encroachments which do not interfere presently with
the public use of the easement area will be permitted to remain should the landowner and the City enter
into an Encroachment Agreement.
To read: ~A) A landowner who has an existing or proposed encroachment into the Citv easement
located on private property shall file an Encroachment Agreement Application with the City. Applicable
encroachments include but are not limited to buildings parkine areas driveways sidewalks, sheds,
swimmingpools patios decks play structures or other accessory structures fences, antennae and
basketball courts or other sport courts Encroachments which do not interfere presently with the public use
of the easement area will be permitted to remain should the landowner and the Citv enter into an
Encroachment Agreement.
A copy of the previous memo and attachments (excluding the original version of the ordinance) is attached
for your reference.
Recommendation:
Staffrecommends approval of Ordinance 32-06 and will be available to answer any questions.
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 M e m o
To: Members of City Council
From: Jane S. Brautigam, City Managers f. ~r ~
(3
Date: May 11, 2006
Initiated By: Fred Hahn, Director Parks and Open Space
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Barbara A. Cox, P.E., Assistant Director of Engineering -Development
Re: Ordinance 32-06 Repealing Sections 150.055, 150.056 and 150.057, Amending Sections
96.01, 96.16, 96.99 and 150.999 and Adding Section 150.055 of the Dublin Codified
Ordinances regarding Encroachments on City-owned Property and Easements
Summary
Re ag
rdin¢ the Amendments to Sections 96.01 and 96.99:
These Code amendments address the ongoing issue of private property owners encroaching on City-owned
property with various structures and landscaping. These encroachments essentially extend their yards or
provide amenities that benefit them directly. Parks and Open Space staff has recorded numerous cases of
such encroachments and plans to actively remedy these occurrences this year according to the provisions
in the amended Code sections.
Re ag
rding Revised Section 150.055:
Engineering is regularly asked to review building permit applications for decks, patios and fences that
residents want to build. Occasionally, the proposed location of these structures encroaches on easements
that have been dedicated either for protection of the public infrastructure or to ensure proper drainage.
Past practice has been to review the drawing and determine if the encroachment would interfere in the
City's use of the easement. If staff determined it did not, the resident requesting to install the
encroachment was then asked to sign an Encroachment Form and received a permit to build. An example
of this older form is attached. These signed documents were retained in files in Engineering.
While the previous document put the resident at that time on notice as to the conditions of approval, staff
has determined that this will be inadequate in the future. Given property turnovers, it is highly unlikely
that the same resident would reside in the home at a future date when the City needs to access the
easement. Therefore, staff is requesting the ability to have a formal encroachment agreement signed by
both the City and the resident, which is then recorded at the appropriate county offices. The advantage to
this is that the Encroachment Agreement would be referenced any time a title search is done on the
property. Staff worked with Schottenstein, Zox and Dunn to develop the proposed agreement. A copy is
attached for your reference.
Staff believes that regulating the use of the easements is necessary to protect the public infrastructure and
the established drainage patterns. Staff will be requesting a new fee to cover the costs of review of these
encroachments as well as recording fees in the Cost Study update this fall.
Recommendation
Staff recommends an introduction of Ordinance 32-06 at the May 15, 2006 Council meeting. Staff will
be available to answer any questions at that time and will submit Ordinance 32-06 for second
reading/public hearing and vote at the June 5, 2006 Council meeting.
• - IS
- ~ ~/}Pil
~ ~ of
RF-QUEST FOR ENCROACHMENTS
'V~'HERE MUNICIPALITY HAS AN EASEMENT OVER OR UPON THE AREA
If approved by the City Engineer, as per Chapter 1337, encroachments which, at present, do not interfere
with the public use of an easement area will be permitted to remain or be installed, provided that the
_owner of the structure or. appurtenance which encroaches upon the easement area fully concurs with the
understanding that the Municipality may utilize the easement area at any time to service, inspect or
otherwise gain access to the utility or public use and, that in the event it is necessar}~ to gain access at the
location of the encroachment the Municipality shall not be responsible for any damages or reconstruction
to the structure or appurtenance which encroaches upon the easement area.
Further, the owner of the structure or appurtenance shall be financially responsible to the City
for costs incurred to remove or bypass the structure or appurtenance as directed by the City Engineer.
I (we), _~o~.., ~-aM`„~-~~ request approval of an encroachment upon
located at ~ 75 ~ Ca \ :C~ ~ ~ for the
purpose of ~e,~ C~ G -
` I (we) agree to the conditions and limitations as described above and have submitted two (2) sets
off' scaled drawings locating and detailing the proposed structure or appurtenance.
APPROVED ~ ,
. I~ZQ -~9' VFT'ER
ADDRESS
- 4~ - a
PHONE NUMBER
~Zp -J'
. a-~1 g~
FO CITY OF DUBLIN DATE DATE
,F` JV LTA t •-~-.r • ~ , c., , ~ ,
. ~ P 2 a~
OAOER NO.
SERVICES, INC.
J CLEVELAND AVENl,4 COLUMBUS, OHIO 43231 PHONE 6t 4-845-1922 FAX 614-895-1 gd!
• `Tt T ~ sc t eat $"T f•J . t~ ttai Q h~1 tvC l._.. 1 t1J
CERTIFIED To-, _ couNTY o~,_ - -
t ,
LENDERV P.B. -
pj?~t~e.o~_.. ,.q.. ~.^1 • w..n. 1" ~ ~O' DAN ~bOG• CH SJ.t-I•
BUYER UATt.-~ _ SCALE
t,
. ~ ~
U
1 ~
~o e°~t~<t. 4 ~ ~ ~
E
I . g'
~ ! l_.o I
r zg.
~ ~ ~
t ~q
r ~s~~
~
r~ o
~ . a~ -4-,. ~N
.t
~
~ ~
o ~
1~0 ~l/~ -
E L~-ir-lJ ~ c~ G ~ t~ cam, ,
gt,c ~ . ~ c~~rx-r .4-
~~~`.t~,, auto 1'' F~~Qt(L~~D,
. j~/ NING COMPLIA!\!CE
1 i
-
~ ~o~j O APPROVED AS SUI3Mi (1 FO
~ j ` ROVED AS NOi LD -
~ ~ / a
Wshercbyurtifylha~ -roingMO TQA~EL CATION VEYw pre rrdinaccordanciwlthChapter67~3.3E,Ohlo
Administrative Cody i a Munds urvey pu snt t sptc 4 -37 hio Adminlztntive Cods. This plat Ic prepared
formoRtate lwn a~~! •.~es only •nd t of to bs c trued as have g preyamd fa the owneror for thecae of the ownsr
for my purpose.
,~cssetc~iae
TH1S PROPERTY 1S r,r~p IN ,~~~OF•~y
.
tt'tsvd O:
FLOOD ZONE ~ C•- a,
COMMUNITY PANEL BY oY ~
• ReListered S ay N4 • t•~~'
k " /nd/an Run, 3~. a-F
21 a portion of the eree lreie^ l . ` V`~
10, 11, 13, 14, end 16 end Reaeiye : "C ~ <
wlthln Zone '"AE" (Qeas .flood alevetfo~r?a.' ti
• ~ determinedl end
~~..?J
~ ~ ~ 3J the rema/nder of the /and. hereby plotted.: is
wlthln Zone X (en eree below the O.Z- ~
penc~r-.
annual-chance flood love/) er~d Zone ~C !Pn eroe = ~ .
above the 0.2-percent-ennw/-chence //pod '
level). ~ . ' .
NOTE "J': At the t/me of p/sttlny, pea, eaeCtrk end Aocal~~.
telephone serv/ces to the lots In Meadows et Wyndljem i
Vlllaye are proposed to be provided, respect/v~lyr~_ by:.. .
~ Columbia Gas of Oh/o, Inc., Oh/o Edison Compeny rind
General Telephone and ElectNc Cornpeny,
.
H
~ ~ iii .
cn
\ .
. o;~
f
i 88.~~ .
Tgar of pa~h Mwt>~M~/
Rb+b /uyd w+th 1GiLYnm ~"4!' ~M' a~toV
floMov~lt+~d naib .
~ NII/ 1SM1p1 ~ . .
h
a
F.nw nw~ b. e«~.d »J1h abaF ~ .
wMk~fd wen n~h: 11.3 a? 1 ~
youy~? w~r11
FcNCE DETA/L City of D~!t~!in, Ohio
MpJF ~ ? APPROVED AS SUBMITTED
APPROVED AS NOTEp
s i
fri f (B ~r
l.~ 11 1 V r 1J U D L 11 \
' ~ ~ Du.61an, Ohio 43417-2182
Division ~of Building~Standards ~Phonc:~ YCTDD 614/7b1-6556
'ti
. ~ In9pectioa Lane: 614761-6557
FENCE PERM:LT . ( c Fes: 6141761-6566
. (Ord. 44-79) f" J-C
Permit Number / {~l/ 1V
LANNIS FENCE SYSTEMS is hereby permitted to erect a
(description of fence type) 3 RAIL SPLIT RATT,
fence at 5753 GAELIC CT in
subdivision in the BACK
yard.
This permit is not a guarantee that the City of Dublin has
determined said fence is not encroaching upon another lots nor
shall it relieve the owner of the above property of his
responsibility to determine property lines and not to deviate from
plans as approved.
Division ofEngineering/Building
JOHN LAMBERT
caner
Cl,
By {Applicant} By
~ i /20/98 /2-~-~LB
Date Date
237-7628
Phone
Attach two {2) plot plans and other supporting data as applicable.
THERE IS A 1~.5 .0D FEE FOR A Fc,NCE PEP,t4IT
NOTICE TO APPLICANT K.(~ ~~u~P-tb ~
SFF,4RATE OWNER/CIVIC ASSOCIATION REVIEW
A~+D APPROVAL. MAY BE REQUIRED BY DEED. 5~~ ~
~t
~zc~ v~7~-i~-
A~~'~1~~~1~9'~°~f~NSISIE FOR COMPLIANCE ~ „ l
ti'!(TH ALL APPLICABLE RESTRICTIVE CONVENANTS `
Ail) DEED RESTRICTIONS REQUIRED BY TITLE. I Ci!'>~ 7t;1;',r3 (~I,i~ I
CJ 1;i'1~'itU~'EG ~~:S SI,i,~U1! (l'tJ
~,~t'~'(3JV~D AS ~~U1[L)
_ r .R -r..,~
. S"~. Pt.~ a~
ENCROACHMENT AGREEMENT a-~
This Encroachment Agreement (the "Agreement") is executed, delivered and made effective
as of this day of 2005, by and between the City of Dublin, an Ohio municipal
corporation, with an add ess of 5200 Emerald Parkway, Dublin, Ohio 43017 (the "City") and Kevin
S. Kish and Christy L. Kish, whose mailing address is 6778 Stillhouse Lane, Dublin, Ohio 43016
("Property Owner").
VVITNESSETH:
A. Propertv Owner Propertv. Property Owner is the owner of a certain parcel of real
property located at 6778 Stillhouse Lane, Dublin, Ohio, which real property is legally described in
the Official Record 609 Page 865, filed with the Union County Recorder's Office ("Property Owner
Property").
B. Citx Easement Area. The City has atwenty-five (25) foot drainage easement
("Easement") which traverses through lot 64 of Post Preserve, Section 2, on the Property Owner
Property as is legally described and depicted in Plat Book 5, Pages 91 and 92, with the Union County
Recorder's Office (the "City Easement Area").
C. Encroachment. Property Owner Property has a 2"`' story deck (the "Deck") that
encroaches into the City Easement Area. A detailed drawing of the Deck is depicted on the attached
Exhibit "A".
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Permission to Remain in City Easement Area. The City, its successors and assigns,
agrees that the Deck shall be permitted to remain in City Easement Area provided that Property
Owner, their successors and assigns, aclaiowledge that the City may utilize the City Easement Area
consistent with the terms of the Easement and this Agreement. In the event it is necessary to gain
access to the City Easement Area (or use it in any other mamier contemplated by the terms of the
Easement or this Agreement) at the location of the encroachment by the Deck, the Property Owner
acknowledges that the City may take any and all necessary action (including, but not limited to,
- temporarily, permanently, or partially removing the Deck located within the City Easement Area)
necessary for its use and enjoyment of its unfettered rights under said Easement. In such event, the
City shall not be liable for any expenses, damages to, or reconstruction or replacement costs of the
Deck, which encroaches upon the City Easement Area, regardless of what materials are used by
Property Owner to construct the Deck. The City may restrict access to Deck, as long as deemed
necessary by the City, in the event it is necessary to gain access to the City Easement Area pursuant
to the terms of the Easement or this Agreement.
2. Extension. Property Owner, their successors and assigns, agree not to extend the
Deck any further into the City Easement Area than is shown on the attached Exhibit "A."
3. Assumption of Liabilities. Property Owner, their successors and assigns, agree to be
financially responsible to the City for any and all costs, expenses or liabilities (including reasonable
fees of attorneys, paralegals, experts, court reporters and others) incurred to remove or bypass the
Deck as directed by the City.
4. Indemnity. Property Owner shall indemnify, protect, defend, and hold harmless the
City from and against all loss, liability, damage, actions, causes of action, or claims for injury, death,
loss or damage of whatever nature to any person, property or business interest caused by or resulting
from an act or omission of Property Owner or their agents, employees, customers, servants,
licensees, tenants, subtenants, guests or invitees in respect to the matters set forth in this Agreement
and their use of the City Easement Area, and from and against airy and all costs, expenses or
liabilities (including reasonable fees of attonieys, paralegals, experts, court reporters and others)
{H0994992.2 }
1
incurred or anticipated by the City in connection with any claim, action or proceeding in respect of
any such loss, liability, damage, action, cause of action, or claim.
5. Termination. This Agreement shall automatically terminate when the encroachment
contemplated herein no longer continues to exist for any reason whatsoever or alternatively at the
option of the City.
6. Insurance. Property Owner will maintain standard homeowner's liability, property,
and casualty insurance of appropriate value for property of similar nature and valuation.
7. Miscellaneous Provisions.
(a) Successors and Assigns. This Agreement shall run with the land and be binding upon
and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and
assigns of the parties hereto.
(b) Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be a duplicate original, but all of which, taken together, shall constitute a
single instrument.
(c) Captions. The captions contained in this Agreement are included only for
convenience of reference and do not define, limit, explain or modify this Agreement or its
interpretation, construction or meaning and are in no way to be construed as a part of this Agreement.
(d) Severability. If any provision of this Agreement or the application of any provision
or any circumstance shall be deternlined to be invalid or unenforceable, then such determination
shall not affect any other provision of this Agreement or the application of said provision to any
other person or circumstance, all of which other provisions shall remain in full force and effect.
(e) Amendments in Writing. No change, amendment, termination or attempted waiver
of any of the provisions of this Agreement shall be binding upon any party unless in writing and
signed by both of the parties hereto.
(f) Covenants Run With the Land. It is intended that the covenants, easements,
agreements, promises and duties set forth in this Agreement shall be construed as covenants which
run with the land.
(g) Termination of Liability Upon Transfer. If Property Owner should transfer their fee
simple interest in and ownership of their Property, then the liability of the transferor for the breach of
any covenant or provision contained in this Agreement, occumng after the date of such transfer, shall
automatically be terminated only upon City's approved written notice.
(h) Restoration. If, as a result of the exercise of any easement rights created under this
Agreement, Property Owner shall damage or disturb the improvements of the City or City Easement
Area, then Property Owner shall promptly repair or restore the property of the City to, as near as
possible, the condition existing prior to such damage or disturbance.
(i) Conformance with Dublin Rieht-of-Wav Code sections. Property Owner must be in
full compliance with regulations pertaining to right-of--way as outlined in Dublin Code, including but
not limited to, Chapter 98.
(j) Venue. The parties hereto hereby consent to the exclusive jurisdiction of the courts of
the State of Ohio in Franklin County, and the United States District Court for the Southern District of
Ohio, and waive any contention that any such court is an improper venue for enforcement of this
Agreement.
(k) Governine Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Ohio.
(H0584592 2 }
2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives, to be effective as of the date first above written.
CITY OF DUBLIN, OHIO: PROPERTY OWNERS:
By: ow..~.S ~ By~ '
Jane S. Brautigam, City Mai ger Kevin S. Klsh
APPROVED AS TO FORiVt: _
`c
-i-I
By:
ity of Dublin Law Director Christy L. I sh
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this ~ day of , 2005, before me, the
subscriber, a Notary Public in and for said County, personal y came the above named City of
Dublin, Ohio, by Jane S. Brautigam, its City Manager, and acknowledged the signing ofthe same
to be her voluntary act and deed, and the voluntary act and deed of said corporation, for the uses and
purposes therein mentioned.
1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal, on the day and year last aforesaid. r
IIVIiA
Not. " ' State of Ohio
STATE OF OHIO, ' ~ o My Comp, ea May 19, 2009
^r o~~
COUNTY OF FRANKLIN, ss: Q - „„e.
BE IT REMEMBERED, that on this ~ / day of 2005, before me, the
subscriber, a Notary Public in and for said County, personally come the above named Kevin S. Kish
and acknowledged the signing of the same to be their voluntary act and deed for the uses and
purposes therein mentioned.
III? TESTIMONY WHEREOF, I have hereunto subscribed my nam nd affixed my official
seal, on the day and year last aforesaid.
otary Public
SHARON A. OLIVER
STATE OF OHIO, NOTARY PUBLIC, STATE OF OHIO
COUNTY OF FRANKLIN, ss: iUYCOMMISSION F`:PIH'S~ -IUNE 20, 2008
BE IT REMEMBERED, that on this ~ ~ day o ~ , 2005, before me, the
subscriber, a Notary Public in and for said County, personally come the above named Christy L.
Kish, and acknowledged the signing of the same to be their voluntary act and deed for the uses and
purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name an ffixed my official
seal, on the day and year last aforesaid.
C.c_.
otary Public
SHARON A. OLIVER
{H0584592.2 } NOTARY PUBLIC, STATE OF OHIO
3 MYCOMMISSION ExPI!?ES JUNE 20, 2008
I
REVISION DATE & REQUEST
,~,lfSfl ChaD,dldp CO WY o9•n9'DI PD7A1]ZBD Yt.Oi PLAN (DPJ
'1'4f`Qyyrscrvillt, OH 43082
B.Mail: hoyssinc(ajeDl.com H `~Y
Phone (614)895-1922 $1;JR PING
Survcy Fax (614) 895.1949 SERVIC S, [NC.
Conswctian Fax (614) 895-9549
FOR M/ I SCFIOfTE~'SrGIAI NnMFS N _ HOUSE STYLE 1A'G~¶ ArG
LOT/SUBDIVISION b""OSTPRESERVi;SECT.2_ CIIYOF DUDLIN
SCALE 1" _ PB.S PG 91 DATE Ob/ 09/ 09 ORDER N0. DRN. CK.
FL000 ZONE X COMM. PANEL 390808 PAGE 0506 DATE 09/ 9
MINIMUMS R:30,
Screen All Service Structures
s'7 15 & Mechanical Units ,
III 1
PER CITY CODE i I ,r_ ,
CALL PLAnf:II:G DIVIS1011 ;,;,I r, rlrr,•~
~`.r^. CnUVfllldilS
Tree Protection Fencing • 01111tL
lAUST BE INSTALLED AND INSPECTED N
PRIOR 10 S1AR1 Oi ANY CONSiRUCT10N
CALL PLANNING DINSION fOR INSPECTIDN ~C O ~~'1~
Ex. 919.8 8' 61KE PATH I;X. 929.5 127.90' ~ Ex. 919.1
25' DRAINAGE 922,00 EROSION
\AO --~A`CMENf ~ CONTROL. 921,2p
92 921.50
CATCN DASIN CAfCN DA51N
f.C.- 920.80 30.95' 201„N D~sn
ZON162 PRoPDrED K T.C.- 920,50
i"~
EROSION - - " wAY- `dnAt peTAl,. FeL'- ,,T4~kr
' ~ _ AIR _
CONTR01. _!Z y21 z
p
92\ n0 ~ A/ C UNIT ~ 17,0 921.9 6g,
921.90 ~ ~ ,1 .67
M Ir~111.i1UM Q
6 I \ 19.33 ~ ~
»l ~14~ .
-
I
\ g 1.0.6.-928.90 m o
1 O \q22 6.0 ~ [35Mf.-921.90 o o
\ P~ r'IC~= Mo.-r ` O ~ ~ 15,3 ~ rn
F=.t~ID~D~I ) ~ ~ ~ ~ 8 O ~
/ ~ / 92'/.90 O }
U~ TO ~J'-D"". ~ 10.0 ~ 2267/ a (~e331 11
c24.7u
5'Et A'RRcNEO vARIA+'t9~~ AO DN~X. 927.20
CITY Of DUBLIN, OHIO / - ~.OPE~ 30.95'_-______G_-__ S,gtil~ LJA/~ ?
ZDNIHG PLAN REVIEW a, 3.862 20' ,.A`.~./ _x.0,5_9 Tin
APPROVED AS NOTED M~JH~E MFNH~E
L~~ ~.1G~,Cz}-T.Cr 927.10 _ 92672 _ _ _ wAr~i?1Ap T.C.- 926.90
2' SIDENJAL ~0 - - 65,00' ? 9?6,60
EA~MENT 926' q~ W~ ~U.-E"r
K BikepatA/Sidewalk Repulred
97e 92 D/C CALL INSPECTION LINE TO
Street Trees Required 0 9263 SCHEDULE INSPECTION
CALL Cltt FORESTER GEFORE 926 ~ 0
o~~'~rn nr:n Ir,stau,^,non
~-"NOTE: WATER SERVICE SIZE - "3/ 9","
- ~~8 51'I~LNOUS~
~A~~ NorE:auILDERSroPROVIDE
TAE PROTEC110N DICING ALL
"LANDYP,°E CODE REQUIRES AT LEAST iWO, 2-I/ 2 INCN PN/~5 OF CON51RI~ilON,
D~CIDUOU51~E5 !N 1NE FRONT YPRD OP iHlS LO(. INSTALLAtiGfJ pUILDER f0 MAINTAIN
WILL OCCUR DURING 1HE LANDSCAAI'E PFV+SE OF THE NOUN, EROSION CONTROL
PLPCEN~ENT OF i~ TWO TREES WILL GE FIELD-VI;KIFIED pY
iNE CITY OF DlP3UN PRIOR TO INSTPLLA710N." PLOT PLAN
W e hereby ttnify that the foregoing PLOT PLAN wss prcpercd from
infocmedon provided by th< Client and data obuioed from L•ngioeercd
Subdivition Plm. Ttds Plot Plac u to be used by We CDent for the sole
J FGOfAGE DATA pupose of obtaining a buedine oermlr. Thc use olthe
Plot Pho for any
other purpose is strictly prohibited rN~ np~Nii„y~~
nor 10960,0 wAUS 199.0 ~yaP~~~io~
Ise 22'59,0 too cov. 82'JI.O ~ isu 4
790.0 seen cov. N/ A as
"*ns~RVE'i~~'~s
197.0 By