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59-07 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank, Inc .Form No 3DD35 59-07 Resolution No. Passed , 20 1 1 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECEIVE A 0.030 ACRES, MORE OR LESS, ACCESS EASEMENT, DONATED BY THE MUIRFIELD ASSOCIATION, INC., LOCATED ON GLICK ROAD AND DIN EIDYN ROAD, CITY OF DUBLIN, COUNTY OF DELAWARE, STATE OF OHIO. WHEREAS, the Muirfield Association, Inc. is the owner in fee simple of real property described in Exhibit "A", City of Dublin, County of Delaware; and WHEREAS, said real property contains an emergency warning siren to which the City of Dublin ("City") desires to gain access for maintenance purposes; and WHEREAS, in order to gain access to the emergency warning siren, the City must obtain an Access Easement in and to the premises described in the attached Exhibit "A" located in the City of Dublin, Delaware County, Ohio; and WHEREAS, the City desires to receive as a donation from the Muirfield Association, Inc. an Access Easement described in the attached Exhibit "A" located in the City of Dublin, County of Delaware, State of Ohio; and WHEREAS, this donation will require the Muirfield Association, Inc. to execute an Access Easement to the City of Dublin without consideration or compensation being paid to the Muirfield Association, Inc. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, _~~ a majority of the elected members concurring that: Section 1. The City Manager is hereby authorized to accept and receive an Access Easement related to the donation from Muirfield Association Inc. Section 2. This Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~1 ~~'1- day of ~ ~.2 h-~ , 2007. ayor -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. D uty Clerk of Council, Dublin, Ohio SCHOTTENSTEIN ZOX&DUNN , MEMORANDUM TO: Dublin City Council Jane S. Brautigam Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Tricia C. Bell DATE: August 31, 2007 RE: Resolution 59-07 -Easement from Muirfield Association, Inc. Access for Emergency Warning Siren Maintenance PROJECT SACKGROIJND The Muirfield Association, Inc. ("Muirfield") owns certain real property in the subdivision lmown as Muirfield Village which contains an emergency warning siren. The City of Dublin ("City") desires to gain access to this siren for maintenance and repair puuposes. In order for the City to have said access, the City must receive an access easement in and to the premises. The above property owner has been contacted and they are prepared to donate the necessary land in order to provide the City vsnth access to the siren. PROPOSED LEGISLATION: The City needs to acquire a 0.030 acre, more or less, access easement from Muirfield Association, Inc. After discussions between representatives of Muirfield and City staff, Muirfield agreed to donate the necessary easement at no cost to the City. In order to accept this donation, the Law Department has prepared the attached Resolution pro~2ding for the acceptance of the donation and will facilitate the execution of the easement to be recorded. A drawing of the proposed easement is attached thereto for your reference. RECOMA'IENDATION: Legal Staff recommends approval of Resolution 59-07 accepting the donated easement from Muirfield Association, Inc., which is necessary for the City to have access to the emergency warning siren for maintenance and repair purposes. EXHIBIT "A" DESCRIPTION OF A 0.030 ACRE PERMANENT ACCESS EASEMENT LOCATED WEST OF DIN EIDYN DRIVE AND THE NORTH OF GLICK ROAD IN DELAWARE COUNTY, OHIO. SITUATED IN THE STATE OF OHIO. COUNTY OF DELAWARE. CITY OF DUBLIN. VIRGINA MILITARY SURVEY NUMBER 2546. AND BEING OUT OF A RESERVE "RRRR OF A SUBDIVISION KNOWN AS MUIRFIELD VILLAGE PHASE 33 PART 1 AS CONVEYED TO MUIRFIELD ASSOCIATION INC. OF RECORDED IN PLAT BOOK 20. PAGES 144. 145. AND 146. (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, DELAWARE COUNTY. OHIO] SAID 0.030 ACRE EASEMENT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE AT A POINT IN THE CENTERLINE INTERSECTION OF GLICK ROAD AND THE WESTERLY CENTERLINE OF DIN EIDYN DRIVE AS RECORDED IN SAID PLAT BOOK 20, PAGE 144, 145. AND 146: THENCE SOUTH 72°26'43" WEST, WITH THE CENTERLINE OF SAID GLICK ROAD. A DISTANCE OF 102.00 FEET TO A POINT ON THE CENTERLINE OF SAID GLICK ROAD; THENCE NORTH 17°33'17" WEST, CROSSING SAID GLICK ROAD. A DISTANCE OF 30.00 FEET TO A POINT AT THE NORTHERLY RIGHT-OF-WAY LINE OF SAID GLICK ROAD. SAID POINT BEING THE POINT OF BEGINNING FOR THE HEREIN INTENDED 0.030 ACRE EASEMENT; THENCE FROM SAID POINT OF BEGINNING, OVER AND ACROSS SAID RESERVE "RRRR" THE FOLLOWING THREE (3) COURSES. 1. NORTH 17°33'17" WEST, 52.00 FEET, TO A POINT; 2. NORTH 72°26'43' EAST. 25.00 FEET, TO A POINT: 3- SOUTH 17°33'17" EAST, 52.00 FEET. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID GLICK ROAD; THENCE SOUTH 72°26'43" WEST WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID GLICK ROAD A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.030 ACRES OF LAND, MORE OR LESS: A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. THE BASIS OF BEARING USED IN THIS DESCRIPTION IS SOUTH 72°26'43" WEST FOR THE CENTER LINE OF GLICK ROAD AS DELINEATED IN PLAT BOOK 20 PAGES 144, 145, AND 146, AND ALL OTHER BEARINGS CALCULATED FROM THIS MERIDIAN. THIS DESCRIPTION WAS PREPARED FROM AVAILABLE RECORDS ONLY, ~.~~`S~p~E OFD •.• 3ERR'S`L RYSER. S DATE ~ J p~~,.~R~(, t ? PROFESSIONAL SURVEYOR NO. 7599 ~~ { "•~CR, F$ ~ ;s+ 7599 o .,, ~ ~s /~ N A l 1 S ~ ~ ` ~ ~ , , CITY OF DUBLIN PERMANENT ACCESS EASEMENT PREPARED Br Tr>E cr1'Y of DuBl.u~r, WEST OF DIN EIDYN DR. AND DIVISION OF ENGINEERING NORTH OF GLICK RD. 5800 Shier Rings Road .Dublin. Ohio a301s-1z38 DUBLIN, OHIO Phone (814)410-4600 • Fas (814)761-8508 I 9 / I 10p m ~m~~ OO QI J~~ I m ~O~ I~'~,g~ SCALE: 1" = 30' N ~ ?ail I.i~l N +t ,fl ; ~«~~I ~'~ 30' 15' 0 30' ~ A_ R ~ I A ~ I I ~ A I I~ p I ~ I ~ I ~ ~ I I ~ MUIRFIELD ASSOCIATION INC Lam' m ~ I POINT OF RESERVE "RRRR" ~ I BEGI(JNING 16.190 ACRES P. B. 20 PGS 144, 145 & 146 II N1T33'17"W NhT33~'17"NA 52.00' F30.00' ~ ~j ~ ~a l N N `! fJ~ Ip~? I ~ O I ~ W a _ _ f'l ~ Si 733117"E 52.00' R=621.36' I 0.030 ACRES I, I it Q=30'03'57" o I ^' L=326.06' o I I I TAN=166.88' I I N32'35'15°W I i CH=322.33' N R=30.00' R/W N ni Q=90'00'00" N17'33'17"W 94.47' rn > I L=47.12' TAN=30.00' N27'26'43"E CH=42.43' - _ N17'33'17"W 154.47_ _ _ _ - - POINT OF REFERENCE I o DIN EIDYN DRIVE P. B. 20 PGS 144, 145 & 146 0 1 _~' ~ _ N17'33'17"W - 80.00' _ _ _ - ~ ,~~~~~uuu~gi a ,o"~P~F, Of py~•.. o ,,. •,,........•,/ .,. * ; JERRY L. ; * ; 7599 0 ~' I HEREBY CERTIFY THAT: =-o 's9 ~:.>~: THE FOREGOING DRAWING REPRESENTS THE :,gyp ~;,6'~gZE.~ :~'~ RESULTS OF RECORDED DOCUMENT AND NO • ••.....•• Q~ .~ FIELD SURVEYING OF THE PREMISES WAS BASIS OF BEARING: ',,~~'~SS~~NA~~S~~~,` PERFORMED AND THAT SAID DRAWING IS ~' ~~~~~~~~~ ~ CORRECT TO THE BEST OF MY KNOWLEDGE 572'26'43"W FOR THE CENTERLINE OF GLICK AND BELIEF. ROAD AS DELINEATED IN PB 20, PG. 144-146 AND ALL J OTHER BEARINGS CALCULATED FROM THIS MERIDIAN. ~ /~// DRAWN CHECKED DATE: JOB NO. /~`"' /~~ ` ~' /~ 3E L. RYSER JLR KBR 08/29/2007 07001CIP OHIO PROFESSIONAL SURVEYOR N0. 7599