Ordinance 008-17RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 08-17
Passed
Form No. 30043
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO
ACQUIRE A 0.002 -ACRE, MORE OR LESS, PERMANENT
EASEMENT FROM SHIRLEY A. TAYLOR, FROVv'J THE
PROPERTY LOCATED AT 59 GRANDVIEW DRIVE FOR
THE PUBLIC PURPOSE OF CONSTRUCTING STORM
bfl�9ATER AN D DRAINAGE II I PROVEM ENTSD
WHEREAS, the City of Dublin (the "City'? 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- 000251 -00 owned by Shirley A. Taylor (the "Grantor "),
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 Grantor.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, r7 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 Shirley A. Taylor, said easement located within Franklin County Parcel No. 273-
000251-00, 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. /
PaOed this,26 2017.
Mayor — Presidingjpfficer
ATTEST:
l�
Clerk of Council
s
ss My Manager
"T
'14
O a 5 E r Park uin 43017 -1090
✓k ,
Phone: 614 - 410 -4400 a 614 - 410 -4490
memo
Members i Council
Dana La McDaniel,, City Mana
March
Philip InIffi"ated By.11 Paul A. Hammersmith, PE, Director of Engineering/City Enginee
Michael S. Sweder, PE, Civil Engineer II
Hartmannf Law Director
Re.& Ordinance 08-17 - AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 0.002-ACRE, MORE OR
LESS, PERMANENT EASEMENT FROM SHIRLEY A. TAYLOR, '; FROM THE
street PROPERTY LOCATED AT 59 GRANDVIEW DRIVE FOR THE PUBLIC PURPOSE OF
CONSTRUCTING STORM WATER AND DRAINAGE IMPROVEMENTS.
The City of Dublin (the %%Cityr) is preparing to construct Mid-Century
neighborhood (the "'Projectf) including storm water and drainage improvements. The City is
obtaining easements from various landowners to construct the Project.
easement This Project requires that the City acquire a permanent (the
"Grantor') from the property located at 59 Grandview Drive, identified as Franklin County Parcel
Number .
The City and the participated e Grantors have agreed to
donate the easement to the City.
The appropriation consists of a 0.002-acre, more or less, permanent easement,,
Ordinance 08-17 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 08-17 at the second reading/public hearing on March 20, 2017.
Parcel 71
Iof Dublin
OHIO, USA
Richard W. Taylor
Shirley A. Taylor
59 Grandview Drive
Dublin, OH 43017
o 25 50 100
Feet
4 Io A
marlZ*�
1.800.955.4731 EXHIBIT B
www.gpdgroup.com PARCEL 71 -S
GPD GROUP® MID - CENTURY NEIGHBORHOOD
STREET IMPROVEMENTS
n
SHIRLEY A. TAYLOR
173 - 000251 -00
LOT 20
D. V. 3065, PG. 571 &
INST. 201601200007210
AREAI FRANKLIN COUNTY
WASHINGTON TOWNSHIP
CITY OF DUBLIN
SURVEY NO. 2419
VIRGINIA MILITARY
DISTRICT
BRETT ROGERS 8
DAMARIS ROGERS,
TRUSTEES OF THE ROGERS
FA MIL Y TRUST AGREEMENT,
DATED MAY 28, 2008
273 - 000103 -00
LOT 19
INST. *200805290082218
GRANDVIEW DRIVE ' S
P.B. 27. PG. 7
R/W G�
GOULD ADDITION NO. 2
P.B. 17, 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 "FRANK73'
AND FRANKLIN COUNTY GEODETIC SURVEY MONUMENT
NUMBER 7764 BEING S 08 °04'15' W, AS MEASURED
WITH GPS METHODS USING GRID NORTH, OF THE
OHIO STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE !20111.
s
N 06 °34'02'
10.00'
LEGEND:
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
LP.S. 518" REBAR (SET) W /CAP
STAMPED "GPD"
20 0 10 20
I INCH = 20 FT.
0.002 ACRES
7l
SHIRLEY A. TAYLOR
273-000251-00
LOT 20
D. V. 3065, PG. 511 &
INST. 201601200007210
OF
"STEV EN
EN
MULLANEY
7900
Q
L.
TE
Ex R/W
:x R/W -
Cl
A = 02 °58'50' LT.
R = 827.78'
L = 43.06'
Ch Big = N 82 °5324'E
Ch Dist = 43.06'
C2
A = 01 °3727' RT.
R = 699.71'
L = 19.83'
Ch Big = N 82 °7241' E
Ch Dist = 19.83'
C3
A = 00 °49'08' RT.
R = 699.71'
L = 10.00'
Ch Big = N 83 °2558' E
Ch Dist = 10.00'
EXHIBIT A
Page I of 1
CIP 16- 014-CIP
PARCEL 71 -S
PROJECT MID - CENTURY
Version Date 01/062017
PARCEL 71 -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 20 of Gould Addition No. 2, as recorded in Plat
Book 27, Page 73, said Lot 20 being in the name of Shirley A. Taylor, as recorded in Deed Volume 3065,
Page 511 and Instrument Number 201601200007210, 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 northwesterly
corner of said Lot 20 and the northeasterly corner of Lot 19 of said Gould Addition No. 2, said Lot 19
being in the name of Brett Rogers and Damaris Rogers, Trustees of the Rogers Family Trust Agreement,
Dated May 28, 2008, as recorded in Instrument Number 200805290082218, said comer being on the
southerly 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, Northeasterly, an arc distance of 43.06 feet, along
the are of a curve deflecting to the left, having a central angle of 02 degrees 58 minutes 50 seconds, a
radius of 827.78 feet, and a chord that bears North 82 degrees 53 minutes 24 seconds East, a distance of
43.06 feet to a point; thence, continuing along said existing right of way line, Northeasterly, an arc
distance of 19.83 feet, along the arc of a curve deflecting to the right, having a central angle of 01 degrees
37 minutes 27 seconds, a radius of 699.71 feet, and a chord that bears North 82 degrees 12 minutes 41
seconds East, a distance of 19.83 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, Northeasterly, an arc distance of 10.00
feet, along the arc of a curve deflecting to the right, having a central angle of 00 degrees 49
minutes 08 seconds, a radius of 699.71 feet, and a chord that bears North 83 degrees 25
minutes 58 seconds East, a distance of 10.00 feet to a point;
2. Thence, leaving said existing right of way line, South 06 degrees 34 minutes 02 seconds East, a
distance of 10.00 feet to a point;
3. Thence, South 83 degrees 25 minutes 58 seconds West, a distance of 10.00 feet to a point;
4. Thence, North 06 degrees 34 minutes 02 seconds West, a distance of 10.00 feet to the Point of
Beginning, containing 0.002 acres, and is contained within Franklin County Auditors Permanent
Parcel No. 273- 000251 -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. OF O
��
1'20 17 STEVEN y�0
5te_v�li L. -Mullaney, P.S. Date L
Professional Surveyor No. 7900 * MULLANEY
.e_ 7900 .o
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 _/ r? day of 0 At/ 2017, by and between SHIRLEY A.
TAYLOR ( "Grantor "), whose mailing address is 59 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, Grantor owns the real property known as Franklin County Auditor's Parcel No.
273- 000251 -00 (the "Grantor's Property");
WHEREAS, Grantee desires a permanent easement over those portions of the Grantor's
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, Grantor desires 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. Grantor grants 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 Grantor's 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 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 Easement Area for any purpose provided such entry by Grantor 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 grantor 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. Grantor represents and warrants that she has 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.
GRANTOR: GRANTEE:
CITY OF DUBLIN, OHIO, AN OHIO MUNICIPAL
CORPORATION
L�
SHIRLEY A. TAY L 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 /D day of 2017, before me, the
subscriber, a Notary Public in and for said County, personally came th above named Shirley A.
Taylor, Grantor in the foregoing Easement, and acknowledged the signing of the same to be her
voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal, on the day and year last aforesaid.
This Instrument Prepared By:
Frost Brown Todd LLC
One Columbus
10 West Broad Street
Columbus, Ohio 43215
0127206.0607928 4844 - 3395- 7949v2
3
N
ROBYN U HARP
Public, s of Ohio
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