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Ordinance 010-17Dayton Legal Blank, Inc. Ordinance No. 10-17 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.002 -ACRE, MORE OR LESS, PERMANENT EASEMENT FROM EMILY D. FERGUSON AND KEVIN T. SNELLING, FROM THE PROPERTY LOCATED AT 160 G RAN DVIEW DRIVE, FOR THE PUBLIC PURPOSE OF CONSTRUCTING STORM WATER AND DRAINAGE IMPROVEMENTS. WHEREAS, the City of Dublin (the "City's is preparing to construct storm water and drainage improvements in the Mid - Century neighborhood (the "Project'); and WHEREAS, the Project requires that the City obtain a permanent easement from Franklin County Parcel No. 273 - 000241 -00 owned by Emily D. Ferguson and Kevin T. Snelling (the "Grantors "), said easement more fully described in the attached Exhibit A and depicted in the attached Exhibit B; and WHEREAS, the City and the Grantors participated in good faith discussions and have come to mutually agreeable terms for the donation of the necessary easement; and WHEREAS, the City desires to execute necessary conveyance documents to complete the transaction between the City and the Grantors. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary conveyance documents to acquire a 0.002 -acre, more or less, permanent easement from Emily D. Ferguson and Kevin T. Snelling, said easement located within Franklin County Parcel No. 273 - 000241 -00, and more fully described and depicted in the attached Exhibits A and B. Section 2. 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 take any other actions as may be appropriate to implement this Ordinance. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. TTEST: Clerk of Council , 2017. WI; -e C*tv Manager Office of tn' 1., 7 -1090 5200 Emerald Parkway Dublin OH 43017 C tv f Du.bl* Phone: 614-410-4400,o Fax: 614-410-4490 0 Tom, Members of Dublin City Council From,* Dana L. McDaniel City Mana__ late.* March 9, 2017 ini"Uated By,* Paul A. Hammersmith, PE, Director of Engineering/City Enginee Michael S. Sweder, PE, Civil Engineer II Philip K. Hartmann, Assistant Law Director The City of Dublin (the "City'� is preparing to construct street improvements in the Mid-Century neighborhood (the "Project) including storm water and drainage improvements. The City Is obtaining easements from various landowners to construct the Project. This Project requires that the City acquire a permanent easement from Emily D. Ferguson and Kevin T. Snelling (the "Grantors"') from the property located at 160 Grandview Avenue, identified ,as Franklin County Parcel Number 273-000241-00. The City and the Grantors participated in good faith discussions and the Grantors have agreed t* donate the easement to the City. The appropriation consists of a 0.002-acre, more or less, permanent easement. Ordinance 10-17 would authorize the City Manager to execute all necessary conveyance documents to formally acquire the necessary easement described above. Staff recommends that Council approve Ordinance 10-17 at the second reading/public hearing on March 20, 2017. Parcel 82 163 147 u r T 160 134 s2 -S Permanent Easement I F' i y ' 173 r its 1�5 Ci of Dublin OHIO, USA Emily D. Ferguson Kevin T. Snelling 160 Grandview Drive Dublin, OH 43017 0 25 so 100 Feet 1.800.955.4731 EXHIBIT B www.gpdgroup.com PARCEL 82 -S GPD GROUP. MID - CENTURY NEIGHBORHOOD STREET IMPROVEMENTS E" A R /I Ex R/W I.P.S. Ex R/W N 87 035'03' W P.O.B. 10.00' P.O.C. N 87 °35'03' W 28.00' 7035'03' W � GRANOVIEW DRIVE - 50' R/W P.B. 27, PG. 73 PERTINENT DOCUMENTS USED: 1. GOULD ADDITION NO. 2 - P.B. 27, PG. 73 BASIS OF BEARINGS: BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY LEGEND: WASHINGTON TOWNSHIP Ti NUMBER 7764 BEING S 08004'15' W, AS MEASURED P.O.B. POINT OF BEGINNING az CITY OF DUBLIN P.O.C. POINT OF COMMENCEMENT EMIL Y D. FERGUSON SURVEY NO. 2419 OLP.F. 5 18'REBAR(FOUND) A KEVIN T. SNELLING 273 - 000241 -00 VIRGINIA MILITARY 0I.P.S. 518'REBAR (SET) W /CAP LOT 9 INST. x201404090043152 DISTRICT STAMPED `GPD' EASEMENT AREA 20 0 70 20 1 INCH = 20 FT. OGOULD 1 ADDITION NO. 2 P.B. 27, PG. 73 82 EMIL Y D. FERGUSON & KEVIN T. SNELLING 273-000241-00 CORY WILLIAM KLEIN & LOT 9 DIANA ELIZABETH KLEIN INST. *201404090043152 273- 000240 -00 LOT 8 INST. *201212100189408 0.002 ACRES 82- S 87 °35'03' E 10.00' N 02 °2457' E S 02 °24'57' 10.00' � 10.00' W E" A R /I Ex R/W I.P.S. Ex R/W N 87 035'03' W P.O.B. 10.00' P.O.C. N 87 °35'03' W 28.00' 7035'03' W � GRANOVIEW DRIVE - 50' R/W P.B. 27, PG. 73 PERTINENT DOCUMENTS USED: 1. GOULD ADDITION NO. 2 - P.B. 27, PG. 73 BASIS OF BEARINGS: BEARINGS ARE BASED ON THE BEARING BETWEEN FRANKLIN COUNTY ENGINEER'S MONUMENT 'FRANKP AND FRANKLIN COUNTY GEODETIC SURVEY MONUM Ti NUMBER 7764 BEING S 08004'15' W, AS MEASURED WITH GPS METHODS USING GRID NORTH, OF THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (2011). �EOro STEVEN �'Q L. MULLANEY 4. 7900 .c) vI, S�RVEN(O¢ 4711 S'� DA TE GPD JOB NO. Ex R/W e EXHIBIT A Page I of I CIP 16- 014 -CIP PARCEL 82 -S PROJECT MID - CENTURY Version Date 09113/2016 PARCEL 82 -S DESCRIPTION OF A PERMANENT STORMWATER AND DRAINAGE EASEMENT Situated in the State of Ohio, County of Franklin, Washington Township, City of Dublin, Survey Number 2419, Virginia Military District and being part of Lot 9 of Gould Addition No. 2, as recorded in Plat Book 27, Page 73, said Lot 9 being in the name of Emily D. Ferguson and Kevin T. Snelling, as recorded in Instrument Number 201404090043152, all references being to those of record in the Recorder's Office, Franklin County, Ohio, and being more particular described as follows: Commencing, for reference, at a 5/8 inch rebar (set), with cap stamped "GPD ", at the southeasterly corner of said Lot 9 and the southwesterly corner of Lot 8 of said Gould Addition No. 2, said Lot 8 being in the name of Cory William Klein and Diana Elizabeth Klein, as recorded in Instrument Number 201212100189408, said corner being on the northerly existing right of way line of Grandview Drive (50' right of way) as shown in Plat Book 27, Page 73; thence, along said existing right of way line, North 87 degrees 35 minutes 03 seconds West, a distance of 28.00 feet to the Point of Beginning of the easement herein described; Thence, clockwise along the following four (4) courses: 1. Thence, continuing along said existing right of way line, North 87 degrees 35 minutes 03 seconds West, a distance of 10.00 feet to a point; 2. Thence, leaving said existing right of way line, North 02 degrees 24 minutes 57 seconds East, a distance of 10.00 feet to a point; 3. Thence, parallel with said existing right of way line, South 87 degrees 35 minutes 03 seconds East, a distance of 10.00 feet to a point; 4. Thence, South 02 degrees 24 minutes 57 seconds West, a distance of 10.00 feet to the Point of Beginning, containing 0.002 acres, and is contained within Franklin County Auditor's Permanent Parcel No. 273-000241-00. The bearings for this description are based on the bearing between Franklin County Engineer's Monument "FRANK73" and Franklin County Geodetic Survey Monument Number 7764 being South 08 degrees 04 minutes 15 seconds West, as measured with GPS Methods using Grid North, of the Ohio State Plane Coordinate System, South Zone (2011). This description was prepared and reviewed under the supervision of Steven L. Mullaney, Professional Surveyor No. 7900 from a survey conducted for the City of Dublin, Franklin County, Ohio in March, 2016. G} STEVEN Q L. MULLANEY p 7900 p Ctevej L. Mullane , IrS. Date Pro essional Surveyor No. 7900 V C Portion above reserved for County Recorder, Engineer and Auditor's Offices Use PERMANENT STORM WATER & DRAINAGE EASEMENT THIS PERMANENT STORM WATER AND DRAINAGE EASEMENT (the "Easement ") is made and entered into this 1'3 day of -T A- �,k nyc-n 2017, by and between EMILY D. FERGUSON AND KEVIN T. SNELLING ( "Grantors "), whose mailing address is 160 Grandview Drive, Dublin, Ohio 43017, and the CITY OF DUBLIN, OHIO ( "GRANTEE "), an Ohio municipal corporation, whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017. BACKGROUND INFORMATION WHEREAS, Grantors own the real property known as Franklin County Auditor's Parcel No. 273 - 000241 -00 (the "Grantors' Property "); WHEREAS, Grantee desires a permanent easement over those portions of the Grantors' Property legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area ") for storm water and drainage purposes; and WHEREAS, Grantors desire to grant a permanent easement over the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement. STATEMENT OF AGREEMENT 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: 1. Grant of Permanent Easement. Grantors grant to Grantee, its agents, employees, independent contractors, and successors and assigns, a permanent, non - exclusive easement in, through, over and under the Easement Area for the following purposes: (i) to construct lines, conduits, valves, regulators and all other appurtenances necessary, in Grantee's sole discretion, for the operation of drainage facilities (collectively "Facilities ") and the orderly flow of storm water within the Easement Area; (ii) to add to, operate, maintain, repair, replace or remove any Facilities; and (iii) of ingress and egress over those portions of Grantors' Property reasonably necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably practicable after completion of the drainage facilities and storm water work, including any alterations and repairs thereto, and completion of the grading work shall cause the Easement Area to be restored to its fonner 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. Grantors have the right to enter on the Easement Area for any purpose provided such entry by Grantors does not in any way impair or hinder the rights granted to Grantee in this Easement. 2. Relationship of Parties. 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 grantors and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a remedy 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. 4. Severability. 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 and Pronoun Usage. The captions and section numbers in this Easement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. 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 benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authority. Grantors represent and warrant that they have the full right and authority to enter into this Easement and grant the rights hereby conveyed to Grantee. The parties hereto have executed this Easement as of the date(s) set forth below. GRANTORS: EMILY D. FERGUSON If KEVIN T. SNELLING .f�C7: \����I�i CITY OF DUBLIN, OHIO, AN OHIO MUNICIPAL CORPORATION DANA L. MCDANIEL, CITY MANAGER {ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE} 2 STATE OF OHIO ) COUNTY OF FRANKLIN ) SS: BE IT REMEMBERED, that on this day of , 2017, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the CITY OF DUBLIN, OHIO, an Ohio municipal corporation, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public STATE OF OHIO ) COUNTY OF FRANKLIN ) SS: BE IT REMEMBERED, that on this day of , 2017, before me, the subscriber, a Notary Public in and for said C unty, personally came the above named Emily D. Ferguson, one of the Grantors in the foregoing Easement, and acknowledged the signing of the same to be her voluntary act and deed. [MONY WHEREOF, I have hereunto subscribed my name and affixed my official and year last aforesaid. JANET A. CARPENTER Notary Public, State of Ohio _ k f 4 A OG' My Commission Expires 612412017 No ary Public STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this 13 { day of k 2017, before me, the subscriber, a Notary Public in and for said C unty, person lly came the above named Kevin T. Snelling, one of the Grantors in the foregoin Easement, arid acknowledged the signing of the same to be his voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official and year last aforesaid. JANET A. CARPENTER , Notary Public, State of Ohio My Commission Expires 612412017 Not �u c This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607928 4834 - 9764- 5117v1