Ordinance 021-18Dayton Legal Blank, Inc.
Ordinance No. 21-18
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTS TO
ACQUIRE A 1.015 -ACRE, MORE OR LESS, TEMPORARY
EASEMENT FROM OCLC, INC. LOCATED AT 6565 KILGOUR
PLACE, FOR THE PUBLIC PURPOSE OF CONSTRUCTING THE
CITY'S SANITARY SEWER INFRASTRUCTURE PROJECT.
WHEREAS, the City of Dublin (the "City's is preparing to construct a sanitary sewer
infrastructure project as part of the North Fork Sanitary Sewer Capacity Improvements
Project, 16-019-CIP (the "Project`; and
WHEREAS, the Project requires that the City obtain a temporary easement from
Franklin County Parcel Nos. 273-000273-00 and 273-000788-00 owned by OCLC, Inc.
(the "Grantor") for nine (9) months, said easement 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 the
Grantor has agreed to convey the temporary easement to the City for $60,000.00; and
WHEREAS, the City desires to execute necessary conveyance documents to complete
the transfer of the easement 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 1.015 -acre, more or less, temporary easement
from OCLC, Inc., said easement located within Franklin County Parcel Nos. 273-000273-
00 and 273-000788-00, 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.
" ' I^fect in accordance with 4.04(b) of the Dublin
ATTEST:
irpCler of Council
look Jr.&W-v
UITICAe.- of the City Manager
5200 Emerald Parkway* Dublin, OH 43017-1090
i TRY in Phone-, 614.410.4400 * Fax: 614.410.4490
iicit, of' ubl*
To: Members of Dublin City Council
From: Dana L. McDaniel, Citv Mana
Date: February 22, 2018
InIftl"ated By: Megan D. O"Callaghan, PE, Director of Public Works
Re,: Ordinance No. 21-18 - AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTS TO ACQUIRE A 1.015 -ACRE, MORE OR
LESS, TEMPORARY EASEMENT FROM OCLC, INC. LOCATED AT 6565 KILGOUR
PLACE, FOR THE PUBLIC PURPOSE OF CONSTRUCTING THE CITY -#S SANITARY
SEWER INFRASTRUCTURE PROJECT.
Til. igi - rtrf
This Project requires that the City obtain a 1.015 -acre, more or less, temporary easement from
Franklin County Parcel Nos. 273-000273-00 and 273-000788-00 owned by OCLC, Inc. located at 6565
Kilgour Place. The City and the Grantor participated in good faith discussions and have come to
mutually agreeable terms for the acquisition of the necessary temporary easement for the sum of
$60f 000.0011
Ordinance 21-18 would authorize the City Manager to execute all necessary conveyance
documents to formally acquire the necessary temporary easement described above. Staff
recommends that Council approve Ordinance 21-18 at the second reading/public hearing on March
12,2018.
TEMPORARY CONSTRUCTION EASEMENT
1.015 ACRES
Situated in the City of Dublin, County of Franklin, State of Ohio; also being a part of Virginia
Military Survey No. 2542; also being a portion of a 46.764 acre tract as conveyed to OCLC Online
Computer Library Center, Incorporated as described in Official Record 16551 F-20 Tract No. 2;
being more particularly described as follows:
Commencing at the northeasterly corner of said 46.764 acre tract, said point also being along the
southerly right-of-way line of Interstate 270; thence,
Along a portion of a northerly line of said 46.764 acre tract and along the southerly right-of-way
line of Interstate 270 following a curve to the left having a radius of 7323.36 ; an are length of
185.06',, a central angle of 001' 26' 52'; and a chord that bears South 70° 48' 28" West for a
distance of 185.06' to a point, said point being the TRUE POINT OF BEGINNING, and from
said beginning point running thence the following seven (7) courses through said 46.764 acre tract,
1. South 220 20' 56" East for a distance of 386.67' to a point; thence,
2. South 20'24'55" West for a distance of 146.70' to a point; thence,
3. South 77° 12'28" West for a distance of 134.25' to a point; thence,
4. South 10° 46' 19" East for a distance of 408.90' to a point; thence,
5. South 02° 05' 56" East for a distance of 266.92' to a point; thence,
6. South 11 ° 32' 14" East for a distance of 303.05' to a point; thence,
7. South 361 39' 15" East fora distance of 338.06' to a point along a southerly line of said
46.764 acre tract; thence,
Along a portion of a southerly line of said 46.764 acre tract, South 89'37'32" Westfor a distance
of 24.81' to a point; thence the following thirteen (13) courses through said 46.764 acre tract,
1. North 36'39'15" West for a distance of 327.83' to a point; thence,
2. North 11'32'14" West for a distance of 261.12' to a point; thence,
3. North 640 0613311 West for a distance of 138.92' to a point; thence,
4. North 02'29'35" West for a distance of 57 47' to a point; thence,
5. North 89° 17' 59" East for a distance of 25.01' to a point; thence,
6. South 021 29' 35" East for a distance of 41.78' to a point; thence,
7. South 64° 06' 33"East for a distance of 81.18' to a point; thence,
North 43° 45' 44"East fora distance of 25.38' to a point; thence,
9. North 020 0515611 West for a distance of 254.58' to a point; thence,
10. North 10046'19" West for a distance of 426.69' to a point; thence,
11. North 770 12' 28" East for a distance of 142.74' to a point; thence,
12. North 20° 24' 55" East for a distance of 128.06' to a point; thence,
Exhibit A
13. North 22020'56" West for a distance of 379.66' to a point along a northerly line of said
46.764 acre tract and along the southerly right-of-way line of Interstate 270; thence,
Along a portion of a northerly line of said 46.764 acre tract and along the southerly right-of-way
line of Interstate 270 following a curve to the right having a radius of 7323.36" an arc length of
20.00" a central angle of 000° 09'24", and a chord that bears North 70° 00'20" East for a
distance of 20.02' to the point of beginning, containing 1.015 acres of land, more or less, as
determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on a
survey performed by The Kleingers Group in September, 2016.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007).
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INSPIRED PEOPLE CREATIVE DESIGN > TRANSFORMING COMMUNITIES
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OCLC ONLINE COMPUTER
L IBRA R Y CEN TER,
INCORPORATED
OR 16551 F-20
TRACT NO.2
46.764 ACRES
BASIS OF BEAR/NGS:
Bearings are based on the State Plane Coordinate
System, Ohio South Zone (NAD83-NSRS2007)
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I HEREB Y CER TIFY THAT THIS PLAT IS BASED
UPON FIELD SUR VEYMADE UNDER MY DIRECTION.
Cc
MICHAEL L. KELLER
OHIO PROFESSIONAL SURVEYOR N0. 7978
DATE
TEMPORARY PROJECTNO: 160094.000
CONSTRUCTION DATE: 9/26/17
CIVIL ENGINEERING EASEMENT SCALE: 7"=50'
i SURVEYING
LANDSCAPE OCLC ONLINE COMPUTER
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€ - i Westerville, OH 43082 CITY OF DUBLIN, 1 O F 4
i 614.882.4371
FRANKLIN CO., OHIO
Exhibit B
INSPIRED PEOPLE CREATIVE DESIGN P> TRANSFORMING COMMUNITIES
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PROJECT NO: 160094.000
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CITY OF DUBLIN,
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FRANKLIN CO., OHIO
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 2018, by and between OCLC, Inc. formerly known as
OCLC Online Library Center, Inc. ("Grantor"), whose tax mailing address is 6565 Kilgour
Place, 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 identified as Franklin County parcel numbers
273-000273-00 and 273-000788-00 (the "Grantor's Property");
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 nine (9) months, commencing on the date construction begins, for
the purpose of construction and grading in connection with Grantee's North Fork Sanitary Sewer
Capacity Project, 16-019-CIP; 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:
1. 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 nine (9) months,
commencing on the date construction begins, for the purpose of construction and grading in
connection with Grantee's North Fork Sanitary Sewer Capacity Project, 16-019-CIP. 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, construction, grading,
utility work, sewer 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.
1
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 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 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 grants the rights hereby conveyed to Grantee.
Executed this day of
GRANTOR:
OCLC, Inc., formerly known as OCLC
Online Library Center, Inc.
Its:
2018.
GRANTEE:
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 , 2018, 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.
STATE OF OHIO
COUNTY OF
SS:
Notary Public
BE IT REMEMBERED, that on this day of 2018, before me, the
subscriber, a Notary Public in and for said County, personally came the above named
, the of Grantor in the foregoing Easement, and
acknowledged the signing of the same to be his/her voluntary act and deed on behalf of Grantor.
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, Ohio 43215
0127206.0607928 4813-1930-5309v1