89-08 OrdinanceRECORD OF ORDINANCES
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A SIDEWALK AND UTILITY EASEMENT
AGREEMENT FOR A .006 ACRES, MORE OR LESS,
PERMANENT EASEMENT AND A .010 ACRES, MORE OR
LESS, TEMPORARY CONSTRUCTION EASEMENT WITH
THELMA L. HILL, SAID ACREAGE LOCATED AT 24
DARBY STREET, IN THE HISTORIC DISTRICT OF THE
CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF
OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is prepared to construct, install, maintain, repair, alter
and replace a sidewalk along the western edge of Thelma L. Hill's property, and to
install utility facilities and permanently regrade portions of Ms. Hill's property at 24
Darby Street, in the historic district of the City of Dublin, County of Franklin, State of
Ohio and known as Franklin County Auditor's Tax Parcel 273-000112; and
WHEREAS, for this purpose, the City of Dublin desires to obtain a .006 acres, more
or less, permanent easement and a .010 acres, more or less, temporary construction
easement from Thelma L. Hill, who agrees to grant to the City of Dublin these
easements; and
WHEREAS, Thelma L. Hill and the City of Dublin are prepared to enter into an
agreement for these easements pursuant to the attached Sidewalk and Utility Easement
Agreement with Temporary Construction Easement ("Agreement") as attached hereto
as Exhibit "A"; and
WHEREAS, the City of Dublin shall compensate Thelma L. Hill in the amount of
three thousand five hundred dollars ($3,500) for these easements pursuant to the
Agreement.
NOW, THEREF RE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached Agreement
with Thelma L. Hill and any other documents necessary to comply with this
Agreement.
Section 2. The City Manager is hereby authorized to compensate Thelma L. Hill in
the amount of three thousand five hundred dollars ($3,500) for these easements
pursuant to the Agreement.
Section 3. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of the historic district of the City of Dublin is
necessary. Therefore, this ordinance shall go into immediate effect.
Passed this t ~~i day of ~~ , cs ~.~y~~~, 2008.
Mayor -Presiding Officer
ATTEST:
Ordireance No.
89-08
Passed 20
Clerk of Council
CITY OF DUBLIN_
OfFice of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1006
Phone: 614-410-4400 • Fax: 614-410-4490
TO: Dublin City Council
FROM: Marsha Grigsby, Interim City Manager /7'Y/~(C/~
DATE: November 13, 2008
INITIATED BY: Fred Hahn, Director of Parks and Open Space
RE: Ordinance No. 89-08
24 Darby Street, Thelma Hill Easement
Memo
Summary:
As part of the ongoing construction of the BriHi Square project, this final easement is necessary
for temporary construction activities, a future sidewalk connection, and underground utilities.
This project requires the acquisition of a Sidewalk and Utility Easement Agreement fora .006
Acres, More or Less, Permanent Easement and a .010 Acres, More or Less, Temporary
Construction Easement with Thelma L. Hill, located at 24 Darby Street.
Recommendation:
The Law Department and the Division of Parks and Open Space recommend approval of
Ordinance 89-08.
SIDEWALK AND UTILITY EASEMENT AGREEII~IENT
WITH TEMPORARY CONSTRUCTION EASEMENT
This SIDEWALK AND UTILITY EASEMENT AGREEMENT WITH TEMPORARY
CONSTRUCTION EASEMENT ("Agreement") is made and entered into on this day of
2008 by and between THELMA L. HILL ("Grantor"), whose address is 24
Darby Street, Dublin, Ohio 43017, and the CITY OF DUBLIN, OHIO, an Ohio municipal
corporation ("Grantee"), whose address is 5200 Emerald Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
A. Grantor owns the real property commonly known as 24 Darby Street, located in
the Historic District of the City of Dublin, Ohio, being Franklin County Auditor's Tax Parcel No.
273-000112 (the "Grantor Property") and which is legally described on Exhibit "A", attached
hereto and made a part hereof;
B. Grantee desires a permanent easement and temporary construction easement over
certain portions of the Grantor Property for the purpose of (i) constructing, installing,
maintaining, repairing, altering and replacing a sidewalk along the western edge of the Grantor
Property; (ii) installing utility facilities; and (iii) permanently regrading portions of the Grantor
Property; and
C. Grantor desires to grant these easements for the benefit of Grantee, upon the terms
and conditions hereinafter set forth.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Sidewalk Easement. Grantor hereby grants to Grantee, its successors
and assigns forever, a perpetual, non-exclusive easement over the real property legally described
on Exhibit "B" and depicted on Exhibit "C", each of which are attached hereto and made a part
hereof (the "Easement Area"), for the construction, installation, maintenance, reparation,
alteration and replacement of a permanent public sidewalk on, over, and through the Easement
Area ("Public Sidewalk"). Grantee shall be responsible for maintaining, repairing, and if
necessary, replacing the Public Sidewalk, as Grantee deems necessary and prudent, in Grantor's
sole and absolute discretion. Grantor shall be responsible for keeping the Public Sidewalk
reasonably free from snow and ice accumulation, cutting and maintaining any grass located
within the Easement Area, and keeping the Easement Area at all times free from litter and debris.
2. Grant of Utility Easement. Grantor hereby grants to Grantee, its successors and
assigns forever, a perpetual, non-exclusive easement in, through, over and under the Easement
Area for the construction and installation of underground utility lines, pipes, conduits, valves,
regulators and all other appurtenances incidental thereto (collectively "Facilities"), and the right
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to add to, operate, maintain, repair, replace, relocate, or remove any such Facilities from time to
time.
3. Ri t to Regrade Grantor Property. Grantee shall have the right to permanently
regrade those portions of the Grantor Property which are within the Easement Area or
Temporary Construction Easement Area (as hereinafter defined) as Grantee deems necessary or
desirable to accommodate the development on Grantee's parcel to the south of the Grantor
Property. In the event any such regrading damages any improvements located upon the Grantor
Property, including but not limited to any downspouts or underground drainage tiles, Grantee
shall repair or replace such improvements at Grantee's sole cost and expense.
4. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee,
its employees, agents, contractors, licensees and invitees, anon-exclusive, temporary easement
over those portions of the Grantor Property depicted on Exhibit "C", attached hereto and made a
part hereof (the "Temporary Construction Easement Area"), for the purpose of constructing and
installing the Public Sidewalk and Facilities within the Easement Area and regrading the Grantor
Property as set forth in Section 3, above. Grantee shall have the right, at its sole cost and
expense, to demolish and/or remove any existing improvements and/or vegetation located within
the Temporary Construction Easement Area as is reasonably necessary for Grantee's use of same
as permitted herein.
5. Duration of Temporary Construction Easement. Grantee shall have the right to
use and enter upon the Temporary Construction Easement Area for the purposes set forth herein
for a period not to exceed twenty-four (24) months (the "Temporary Construction Period")
commencing on the date Grantee first enters the Easement Area and Temporary Construction
Easement Area for purposes of commencing construction of the Public Sidewalk and installing
the Facilities. Promptly upon the termination of the Temporary Construction Period, Grantee
shall, at its sole cost and expense, restore the Temporary Construction Easement Area as nearly
as reasonably practicable to the condition which existed prior to the entry thereon by Grantee
(other than any portion of the Temporary Construction Easement Area which has been
permanently regraded), including making any repairs or replacements as necessary to the access
ramp located on the west side of the existing building, or to the down spouts, underground
drainage tiles, or other improvements, located upon the Grantor Property to the extent any
damage was caused by Grantee in the exercise of Grantee's easement rights hereunder. After the
termination of the Temporary Construction Period and within thirty (30) days after receipt of
written notice from Grantor, Grantee shall execute a Notice of Termination of Temporary
Construction Easement, which shall be filed by Grantee with the Franklin County Recorder's
Office, at Grantee's expense.
6. Indemnification. Grantee shall indemnify and save harmless Grantor for all
claims, expenses, damages and liabilities asserted against it (i) on account of injury to or death of
any person or persons, or (ii) on account of damage to any real or personal property, in every
instance caused exclusively by, connected with, or in any way attributable to the exercise of
Grantee's rights herein granted or Grantee's failure to comply with any of the terms or conditions
hereof, unless caused by the negligence or willful misconduct of Grantor or Grantor's
employees, agents or contractors.
2
7. Insurance. Grantee shall maintain commercial general liability and shall insure
against any liability or claim for personal injury, wrongful death or property damage for which
Grantee is responsible to Grantor under this Agreement or by law, with financially responsible
insurers authorized to transact insurance business in the State of Ohio, with a commercially
reasonable combined single limit of not less than One Million Dollars ($1,000,000.00} per
occuiY-ence.
8. Relationship to Parties. Nothing contained herein shall be deemed or construed
by the parties hereto, or by any third party, as creating the relationship of principal and agent, of
partnership or of joint venture between the parties hereto, 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.
9. Notices. All notices required or permitted to be given pursuant to the terms of
this Agreement shall be in writing and shall be deemed to have been properly given if delivered
by hand or by certified mail, return receipt requested, postage prepaid, to the addresses set forth
below, or to such other addresses as the parties may specify, from time to time, in writing, sent to
the other party. Notices shall be effective upon delivery, in the case of hand delivery, and
otherwise upon receipt or refusal of receipt if by certified mail.
If to Grantee: Marsha Grigsby, City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
with copy to: Brian E. Linhart, Esq.
Schottenstein, Zox & Dunn, Co., LPA
250 West Street
Columbus, Ohio 43215
If to Grantor: Thelma L. Hill
24 Darby Street
Dublin, Ohio 43017
10. 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 «~ith
respect to such breach or any similar breach in the future.
11. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
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unenforceable any other provision hereof.
12. Captions and Pronoun Usage. The captions and section numbers in this
Agreement 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.
13. Governine Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio.
14. Modification. This Agreement, 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, or their respective heirs, executors,
representatives, successors and assigns, and recorded with the Recorder's Office, Franklin
County, Ohio with reference made to this Agreement.
15. Benefit. This Agreement shall run with the land and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors, representatives,
successors and assigns.
I1~~ WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first written above.
GRANTOR:
i
---~ >'~V'~T mar/ ~Y . e~~`~~~-~'i
Thelma L. Hill
STATE OF OHIO
COUNTY OF FRANKLIN
SS.
GRANTEE:
CITY OF DIIBLIN, OHIO,
an Ohio municipal corporation
By:
Marsha I. Grigsby, City Manager
The forgoing instrument was acknowledged before me this day of
2008, by Marsha I. Grigsby, the City Manager of the City of Dublin, Ohio,
an Ohio municipal corporation, for and on behalf of said municipal corporation.
Notary Public
My Commission Expires:
[~eizrz~9sz) 4
STATE OF FLORIDA
COUNTY OF ~0.c.,~~t
SS.
The forgoing instrument was acknowledged before me this 1 ! day of
~~~i~ti 2008, by Thelma L. Hill, in her capacity as an individual, who
acknowledges the execution of the foregoing to be her voluntary act and deed.
~(PpY Pjy.~ ~~[dA ~ COOK
_~. ~;
'~~; MY COMMISSION # DD769647
EXP;4ES March 17, 2012
(40~ ]j~3B8~Ot53 FIO~aNOia_ ~YSo`~'~o'°°~'
Nt'otary Public
My Commission Expires: ~~loa
This insd~ument was prepared by: Schottenstein, Zox & Dunn, Co., LPA
2J0 YVest Street,
Columbus. Ohio 43215-6106
[aizne9s~ j
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR PROPERTY
;H13]2?93 3
EXHIBIT A
The following real property, situated in the State of Ohio, County of Franklin, and City of
Dublin, being bounded and described as follows:
Being fifty (50) feet north and south by eighty (80) feet east and west off the northwest comer of
Lot No. 146, of the recorded plat of the Village of Dublin, Ohio, Deed Book No. 1, Page No.
193 1/2; Recorder's Office, Franklin County, Ohio, more fully described as follows:
Beginning at a point in the north line of said Lot No. 146 where said north line joins the west line
of said Lot; thence north 82° 13' 20" east along the north line of said Lot No. 146 a distance of
80 feet to a point; thence south 7° 46' 40" east a distance of 50 feet to a point; thence south 82°
13' 20" west a distance of 80 feet to an iron pin; thence north 7° 46' 20" west a distance of 50
feet to the point of beginning.
Note: The above described tract of land is all of that land conveyed to The Ohio Bell Telephone
Company by deeds recorded in Volume 1114, page 229 and Volume 2112, page 626 in the Deed
Records of Franklin County, Ohio.
Property Address: 24 Darby St., Dublin, Ohio 43017
Parcel No.: 273-000112-00
H t?&63 t]J ~
EXHIBIT B
LEGAL DESCRIPTION OF THE EASEMENT AREA
jH I; 139932;
SIDEWALK! UTILITY EASEMENT
0.006 ACRE
SITUATED IN THE STATE OF OHIO, COUi\TY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN
VIRGLNIA MILITARY SURVEY NUMBER 2512, BEIIv*G ACROSS THELMA L. HII,L TRACT BY
DEED OF RECORD IN DEED BOOK 3560, PAGE 602 (ALL REFERENCES REFER TO THE
RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO), AND BEING
DESCRIBED AS FOLLOWS:
BEGINNNG AT A NORTHWESTERLY CORNER OF SAID THELMA L. HILL TRACT, AN
EASTERLY RIGHT-OF-WAY LIAR OF A 30 FOOT ALLEY, WTTH A SOUTHERLY RIGHT-OF-
WAY LINE OF A 16.5 FOOT ALLEY;
THENCE NORTH 81° 42' S5" EAST, WTTH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
16.5 FOOT ALLEY, A DISTANCE OF 4.98 FEET TO A POINT;
THENCE SOUTH 08° Ol' 16" EAST, A DISTANCE OF 50.00 FEET TO A POINT IN THE
NORTHERLY LINE OF LOT 146 AS CONVEYED TO THE CITY OF DUBLIN, OHIO BY DEED OF
RECORD IN INSTRWi PENT NLRviBER 199801090006648;
THENCE SOUTH 81° 42' S5" WEST, WTTH THE NORTHERLY LINE OF SAID LOT 146, A
DISTANCE OF 4.65 FEET TO A POIA'T IN AN EASTERLY RIGHT-OF-WAY LLNE OF SAID 30
FOOT ALLEY;
THENCE NORTH 08° 24' 12" WEST, WTTH THE EASTERLY RIGHT-OF-WAY LINE OF SAID 30
FOOT ALLEY, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGEVNING, AND
CONTAINING 0.006 ACRE OF LAND, MORE OR LESS.
EVANS, MECHWART, HAMBLETON, & TII,TON, INC. ~~~5~'°O F n/~ ! yi
..-e O. ti/~~ 7/22/03 ~* f'~,wlco^>=~ y~°,~
MICHAEL O. WANCHICK i i WAhCHICK $
REGISTERED SURV EYOR NO. 7854 ~ ~ _ _ 7856 !r
MOW:TB/MARCH 27, 2008
0_006 AC 92087
EXHIBIT C
DEPICTION OF THE EASEMENT AREA
AND TEMPORARY CONSTRUCTION EASEMENT AREA
HI?929912 }
Ooro: March 27, 2008
I Evons, Mechwart. Hambleton & iilton.lnc.
Engineers • Surveyors • Elonners • Scicnlisls
5500 Now Albany Road, CoWmbvs, Oli 43054
I'Ilona: dld.]]5.45W Pox: 614JJ5.48~
TEMPORARY CONSTRUCT/ON AND SIDEWALK/UT/LITY EASEMENTS
l/lRGINIA MILITARY SURI/EY NO. 2512
CITY OF DUBL/N, FRANKLIN COUNTY, OHIO
N81 '42'55 "E
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20' 0 20' 40'
GRAPH/C SCALE
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16.5' Alley
Thelmo L Hi/l
D. B. 3560, Pg. 602
Temporory Const
Eosemen t
0.010 Ac,
The City of Dublin, Ohio
1. N. 199807090006648
Lot 146
a*`~``•'`P,~~ OF ~''G~~6
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/ob No: 2007-2087
Pro/essiono/ Sorveyo! No. 7854