Ordinance 040-17Dayton Legal Blank, Inc.
Ordinance No.
RECORD OF ORDINANCES
40 -17 (Amended)
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE NECESSARY CONVEYANCE DOCUMENTS
TO ACQUIRE 0.203 -ACRE, MORE OR LESS,
TEMPORARY EASEMENT FROM JAMES R. MURRIN,
TRUSTEE OF THE JAMES R. MURRIN REVOCABLE
TRUST AGREEMENT, LOCATED AT 6073 SAINT
BOSWELS COURT, FOR THE PUBLIC PURPOSE OF
CONSTRUCTING A SHARED -USE PATH CONNECTOR.
WHEREAS, the City of Dublin (the "City'? is preparing to construct a shared -use
path along Concord Road, south of St. Boswels Court (the "Project'; and
WHEREAS, the Project requires that the City obtain a temporary easement from
Delaware County Parcel No. 60034302016000 owned by James R. M u rri n, Trustee of
the James R. Murrin Revocable Trust Agreement (the "Grantor "), said property
interests more fully described in the attached Exhibit A and depicted in the attached
Exhibit B; and
WHEREAS, the City and the Grantor participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the necessary property
interest for the sum of $4,125.00, which is the appraised value of the temporary
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, of the elected
members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documents to acquire a 0.203 -acre, more or less, temporary easement
from the Grantor, for the appraised value of $4,125.00, said easement located within
Delaware County Parcel No. 60034302016000, 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 be effective upon the earliest date permitted by
law.
Pa of this 3 day of , 2017.
yor — Presia(�g Officer
ATTEST:
Clerk of Council
00"'Iffice of the Cifty Manager
U 1 ty o t"D u b I i n 5200 Emerald Parkway * Dublin, OH 43017-1090
4cit Phone: 614.410.4400 * Fax: 614.410.4490
To: Members of Dublin City Council
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From Dana L. McDaniel, City Managei� 44/4 ir,
Date: July 27, 2017
Initi"ated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Michael S. Sweder, PEf Civil Engineer II
Philip K. Hartmann, Assistant Law Director
The City of Dublin (the "City") is preparing to construct the first phase of the Concord Road
shared-use path (SUP) along the east side of Concord Road between an existing pedestrian tunnel
beneath Concord Road and extending north to St. Boswels Court (the "Project"), the City's north
corporation limit. Future phase(s) are being coordinated with Concord Township and the Delaward
County Engineer's Office to provide access to Eli Pinney Elementary School.
Ordinance 40-17 (Amended) would authorize the City Manager to execute all necessary
conveyance documents to formally acquire the necessary temporary easement described above.
Staff is requesting approval of the Ordinance at the second reading/public hearing on July 31,
2017.
Murrin property
Iof Dublin
OHIO, USA
James R. Murrin, Trustee
6073St. Boswels Court
Dublin, OH 43017
0 30 60 120
Feet
Parcel 1T
Exhibit A
Temporary Easement
to perform grading for the construction
of a shared -use path
Situated in the State of Ohio, County of Delaware, City of Dublin, being a part of the Virginia Military
Survey number 2546 and being a part of Lot 975 as delineated on the Muirfield Village Phase 21
subdivision plat in Plat Book 18, Page 77 and conveyed to James R. Murrin, Trustee in Book 1305, Page
2746, all records herein are from the Recorder's Office, Delaware County, Ohio and being more
particularly described as follows:
Beginning at a 3/" diameter iron pipe with a cap that reads "BDM7" at the intersection of the east Right of
Way of Concord Road (60 foot - Plat Book 18, Page 77) and the southwest corner of said Lot 975;
Thence, North 06 °32'15" West, a distance of 395.17 feet along the east Right of Way of said Concord
Road to a 3/" diameter iron pipe;
Thence, North 33 °57'03" East, a distance of 25.95 feet along the east Right of Way of said Concord Road
to a 3/" diameter iron pipe with a cap that reads "BDM7" on the south Right of Way of St. Boswels Court
(also known as Balmahoy Court - 50 foot - Plat Book 18, Page 77);
Thence, crossing said Lot 975 the following two course
1. South 06 °32'15" East, a distance of 267.00 feet to a point;
2. South 18 °24'29" East, a distance of 138.43 feet to a point on the south line of said Lot 975;
Thence, South 68 °06'45" West, a distance of 47.00 feet along the south line of said Lot 975 to the Point
of Beginning, containing 0.203 acres (0.113 acres already encumbered by existing easement), more or
less, subject to legal highways, easements, leases and restriction of record and of records in the
respective utility offices.
The bearings described herein are based on the Ohio State Plane Coordinate System, North Zone,
NAD83 (2011). Said bearings originated from a field traverse which was referenced to said coordinate
system by GPS observations and observations of selected stations in the Ohio Department of
Transportation Virtual Reference Station Network.
The described tract is a part of Auditor's Tax Parcel Number 6003430201600 and is based on Deed Book
1305, Page 2746 and Plat Book 18, Page 77.
I hereby certify this description was based field survey conducted by CW Design Group, LLC under my
guidance in April 2015 and to the best of my knowledge depicts the boundary lines.
CW Design Group, LLC
Charles A. Wagner - Professional Surveyor 8091
4/21/2017
Date
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VIRGINIA MILITARY SURVEY N0. 2546
CITY OF DUBLIN
N COUNTY OF DELAWARE
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BASIS OF BEARINGS POINT OF
THE BEARINGS SHOWN ON THIS PLAT ARE BASED ON BEGINNING
THE OHIO STATE PLANE COORDINATE SYSTEM, NORTH ..... „ °. ”,
ZONE, NAD83 (2011). "t 10, OF l
HEREBY CERTIFY THIS PLAT WAS BASED FIELD SURVEY �``.t . """.• �°S'j -_
CONDUCTED BY CW DESIGN GROUP, LLC UNDER MY : W;' O =
GUIDANCE IN FEBRUARY 2018 AND TO THE BEST OF MY ♦ : CFN�.EB •
KNOWLEDGE DEPICTS THE BOUNDARY LINES. y ;
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4��• 4/° 4/21/2017 '- 01q'.o1 eraw: JP`:
CHARLES A. WAGNER, PS -8091 DATE
CW DESIGN GROUP, LLC •. ° °iiiiiHiH
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cwDE „;ga. �.. �;uP PARCEL 1T e
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PHONE 614 - 646 -9279 TEMPORARY EASEMENT
972 Unkfield Or” TO PERFORM GRADING FOR THE
Worthington, Ohio 43085 1 CONSTRUCTION OF A SHARED -USE PATH
Portion above reserved for County Recorder, Engineer and Auditor's Offices Use
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT (the "Easement') is made and entered into
this day of 2017, by and between JAMES R. MURRIN, TRUSTEE OF THE
JAMES R. MURRIN REVOCABLE TRUST AGREEMENT DATED MARCH 9, 2001 ( "Grantor "), whose
tax mailing address is 6073 Saint Boswels Court, Dublin, Ohio 43017, and the CITY OF DUBLIN,
OHIO, an Ohio municipal corporation ('Grantee "), whose mailing address is 5200 Emerald
Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Delaware County Parcel No.
60034302016000 as described and depicted on the attached exhibits (the "Grantor's Properly");
WHEREAS, Grantee desires a temporary easement over those portions of the Grantor's
Property legally described on the attached Exhibit "A" and depicted on attached Exhibit `B" (the
"Easement Area ") for a period of twelve (12) months, commencing on the date construction beings,
for the purpose of construction and grading related to the construction of a shared -use path connection
on Concord Road, north of Glick Road; and
WHEREAS, Grantor desires to grant a temporary 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:
Grant of Temporary Easement. Grantor grants to Grantee, its agents, employees,
independent contractors, and successors and assigns, a temporary, non - exclusive easement
in gross in, through, over and under the Easement Area for a period of twelve (12) months,
commencing on the date construction begins, for the purpose of construction and grading
related to the construction of a shared -use path connection on Concord Road, north of Glick
Road, and related improvements. Grantee shall have the right to enter on and use the
Easement Area in connection with the performance of certain work on the Grantor's
Property, including, but not limited to, constructi on, grading, utility work, storm drainage
work, and for any other purpose reasonably necessary in connection with the same. Upon
termination of the aforementioned activities, Grantee shall, at its sole cost and expense,
restore the Easement Area as nearly as reasonably practicable to the condition that existed
prior to the entry thereon by Grantee.
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. Severabilitv. 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 apart 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. Modificati on. 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 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 he has the full right and authority to enter
into this Easement and grant the rights hereby conveyed to Grantee.
Executed this day of 12017.
GRANTOR:
James R. Murrin, Trustee of the James R.
Murrin Revocable Trust Agreement dated
March 9, 2001
GRANTEE:
City of Dublin, Ohio, an Ohio Municipal
Corporation
Dana L. McDaniel, City Manager
(ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE)
STATE OF 01110
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 DuBLnv, Omo, 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
COUNTYOF )SS:
BE IT REMEMBERED, that on this day of , 2017, before me, the
subscriber, a Notary Public in and for said County, personally came the above named James R.
Morin, Trustee of the James R. Murrin Revocable Trust Agreement dated March 9, 2001, Grantor
in the foregoing Easement, and 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
seal, on the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
Frost Brown Todd LLC
One Columbus
10 West Broad Street
Columbus, OMo 43215
01212060607928 4820 - 9922337] 1