44-10 ResolutionRECORD OF RESOLUTIONS
Inc.. Fon No, X045
44 -10
Resolution No.
Passed .20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT AND RECEIVE A 0.099 ACRE, MORE OR LESS,
DRAINAGE EASEMENT DONATED BY PRAKASH R AND
CHAITALI P. PATEL, LOCATED ON THE PROPERTY OF
7855 CALVERT COURT IN THE CITY OF DUBLIN,
COUNTY OF FRANKLIN, AND STATE OF OHIO.
WHEREAS, the City of Dublin is preparing to extend a 18 -inch storm sewer pipe at
the rear of said property from the northeast property corner to the northwest property
corner; and
WHEREAS, said improvement requires the City of Dublin to obtain a drainage
easement on the premises described in the attached Exhibits "A and B"; and
WHEREAS, the City desires to receive as a donation from Prakash R. and Chaitali P.
Patel, the drainage easement as described in the attached Exhibits "A and B ", located
in the City of Dublin, County of Franklin, State of Ohio; and
WHEREAS, this donation will require Prakash R. and Chaitali P. Patel to execute a
Grant of Drainage Easement to the City of Dublin without consideration or
compensation being paid to them.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, —6-- of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to accept and receive the Grant of
Drainage Easement related to the donations from Prakash R. and Chaitali P. Patel and
to execute any necessary documents related to the easement.
Section 2. This resolution shall take effect and be in force from and after the earliest
date permitted by law.
Passed this AZ % day of '�e f j1j-yb(fs1 , 2010.
�// aL�1 0 '/"
Attest:
o-
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
CITY OF DUBLIN. phone: 614 - 410 -4400 • Fax: 614- 410 -4490
Memo
To: Members of Council
From: Marsha Grigsby, Interim City Manager /Director of Finance �i'Nt��l1►.4G
Date: September 23, 2010
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Todd A. Garwick, P.E., Civil Engineer
Re: Resolution 44 -10 — Authorization to Accept and Receive a Drainage Easement
Donated by Prakash R. and Chaitali P. Patel, 7855 Calvert Court
Summary
As part of the annual stormwater maintenance program, Engineering staff has been monitoring the
condition of a drainage complaint from the Prakash R. and Chaitali P. Patel residence at 7855
Calvert Court. The existing 12 -inch public stormwater outlet from the Wyandotte Woods, Section 2,
Part 2 detention basin discharges directly onto this property (see picture below). Over the past
several years, this outlet has caused erosion problems and been a nuisance at the rear property line.
This project will install 240 linear feet of 18 -inch stormsewer pipe across the rear property line,
within the proposed 25 -foot drainage easement to promote better public drainage across this rear
yard.
This project will be accessed from Summit View Road through the reserve /open space in the
Wyandotte Woods subdivision. The project will begin after October 1, 2010.
George J. Igel & Co., Inc. will be installing the 18 -inch storm sewer extension. The project cost is
approximately $5,000 and will be funded by the $300,000 budgeted annually for stormwater
maintenance.
This project requires that the 18 -inch pipe be installed outside the easements limits per the
Wyandotte Woods, Section 2, Part 2 Plat. Engineering has worked with the property owner, and
they have graciously agreed to donate the needed permanent drainage easement. Resolution 44 -10
is needed to acknowledge this donation and allow the City to accept the drainage easement.
Recommendation
Staff recommends Council approval of Resolution 44 -10 authorizing the City Manager to accept
and receive donations of the drainage easement and to construct the 18 -inch stormsewer pipe across
the rear property line of 7855 Calvert Court.
Memo re Resolution 44 -10 -Patel Drainage Easement
September 23, 2010
Page 2 of 2
STORM SEWER AND DRAINAGE EASEMENT
This STORM SEWER AND AGE EASEMENT (the "Agreement') is made and
entered into this `1 dray by and between Prakash R. and Chaitali P.
Patel, husband an wife (collective y, "Grantor "), whose mailing address is 7855 Calvert Court,
Dublin, Ohio 43016, and the City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee'),
whose 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 - 011155 located at 7855 Calvert Court, Dublin, Ohio 43016 (the "Grantor Property'); and
WHEREAS, Grantee desires an easement over those portions of the Grantor Property
legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement
Area ") for the purpose of constructing and maintaining storm sewer and drainage facilities thereon;
and
WHEREAS, Grantor desires to grant the storm sewer and drainage easement 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 Storm Sewer Easement Grantor grants to Grantee, its agents,
employees, independent contractors, and successors and assigns, a perpetual, 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 stone sewer and drainage facilities within the Easement Area
(collectively "Facilities "); (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 construction of the Facilities, including any alterations and repairs thereto, shall
cause the Easement Area to be restored to its former condition as nearly as is reasonably
practicable. Grantee may remove any and all vegetation growing within the Easement Area as is
reasonably necessary to facilitate Grantee's use of the Easement Area as permitted by this
Agreement. Grantor has the right to enter on the Easement Area for any purpose whatsoever
provided Grantor's entry does not in any way impair or hinder the rights granted to Grantee in
this Agreement.
2. Relationship to 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 shall be deemed to create any relationship
other than grantor and grantee of the rights and easements set forth in this Agreement.
JH1991511 l
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. Severabili ty . 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 of this Agreement.
5. Captions The captions and section numbers in this Agreement are for
convenience only and shall not be deemed to be a part of this Agreement.
6. Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Modification This Agreement may not be amended or terminated except by a
written instrument executed by the parties and recorded with the Recorder's Office, Franklin
County, Ohio with reference made to this Agreement.
8. Benefit This Agreement shall run with the land and inure to the benefit of and be
binding upon the parties and their respective heirs, executors, representatives, successors and
assigns.
(Signatures on the following page)
JHI"14121
above.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth
GRANTOR:
Prakash R. Patel
C.. �,' I d
Chaitali P. Patel
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
GRANTEE:
City of Dublin, Ohio,
an Ohio municipal corporation
By:
Its:
Print Name:
BE IT REMEMBERED, that on this -7 �h day od before me, the
subscriber, a Notary Public in and for said county and state, personally came Prakash R. Patel
and Chaitali P. Patel, husband and wife, who acknowledged the signing thereof to be their free
act and deed for the purposes set forth therein.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid. — n
public
40 P OM 0 11 ] qnd A=f4
dWVO •a WOr
STATE OF OHIO )
jss.
FRANKLIN COUNTY
BE IT REMEMBERED, that on this _ day of , Poy' before me, the
subscriber, a Notary Public in and for said county and state, personally came
, the 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 said 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
This Instrument Prepared By: Lesley R. Avery, Esq., Schottenstein, Zox & Dunn, Co., LPA, 250 West
Street, Columbus, Ohio 43215
(H1991513
EXHIBIT A
DRAINAGE EASEMENT
0.099 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Section 2, Township
2, Range 19, United States Military Lands being across Lot 87 of that subdivision entitled "Wyandotte
Woods Section 2 Phase 2 and the Vacation of Portions of Eidsting 30' Waterline Easement" of record in
Plat Book 101, Page 68 as conveyed to Prakash R. and Chaitali P. Patel by deed of record in Instrument
Number 200505160092750 (all references, refer to the records of the Recorder's Office, Franklin County,
Ohio), and being described as follows:
BEGINNING at a corner common to said Lot 87 and that 1.000 acre tract conveyed to Susan R.
Kuhn by deed of record in Instrument Number 200804150056929 , and in the easterly line of that 1.004
acre tract conveyed to Susan R. Kuhn by deed of record in Instrument Number 200804150056930;
thence South 86° 44' 39" East, with the line common to said Lot 87 and said 1.000 acre tract, a
distance of 172.28 feet to a point the common comer to Lot 88 and 87;
thence South 01° 40' 36" West, with the line common to said Lots 87 and 88, a distance of 25.01
feet to a point;
thence North 86° 44' 39" West, across said Lot 87, a distance of 172.55 feet to a point in the
easterly line of said 1.004 acre tract;
thence North 02° 17' 50" East, with the line common to said Lot 87 and said 1.004 acre tract, a
distance of 25.00 feet to the POINT OF kEGINNING and containing 0.099 acre of land, more or less.
,, , �� erraanq,, „
�,j E OF
ILL
Edward J.
FS � .. Registered
L SU
HAMBLETON, & TILTON, INC.
13 1 L.71r 0
8250
E1M WAugurt 24, 2010
0 099 ac 20100090
woml DRAINAGE EASMENT
Evans, MectnvW. HomMe a prom Inc. SECTION 2, TOWNSHIP 2, RANGE 19
Enoine s • Surveyors • Piann� • SeienO:ts UNITED STATES MILITARY LANDS
5500 New Nbany R000. Cdumbw, OH 43054
Phone: 614. Ta CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO
I SUSAN R. KUHN
1.000 AC.
I I.N. 200804150056929
=N86'44'39"W E 172.2
,°� 0 8'
N N 0.099 AC.
0
Z
172.55'
SUSAN R. KUHN PRAKASH R. AND CHAITALI P. PATEL
1.004 AC. LOT 87
I.N. 200804150056930 I.N. 200505160092750
WYANDOTTE WOODS
SECTION 2 PHASE 2
AND THE VACATION OF PORTIONS OF
\ EXISTING 30' WATERLINE EASEMENT
P.B. 101, P. 68
40' 0 40' 80'
GRAPHIC SCALE (in feet)
90\2010009MVY MO\2010009OMff -ORN AGEOre 91nne6 b WXTM nOMM - BA412MO I I'M91 AM kM e..d by MA130 W W24/2010 1lakn M
Date: August 24, 2010
Scale: 1" = 40'
Job No. 2010 -0090
I
RESERVE "D"
'40'36 "W
25.0 —r '
JOSEPH W. EISEL AND
RANDALL F. SAGLE
LOT 88
I.N. 200509190194399 "NE'OF��'''
EDWARD y
J.
MILLER
By
Professional
Date
Proposed Pipe Location 4146
Existing Detention
Basin
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7855 7a 16 11 7742 7734 772 771
775) 7710
4241 7
7848 �
7847 �
77
4201
7733 772 771
7839 7840 7766 775
i
O 77
7831 777
7832 i I
7773
7782
7823 7824 7790 I'
O
7781 O
4264 4266 4248
4240
4272 7815 O
7818 m 7789
7798
O
dk7 O
- — �� � 7797
W E�
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Calvert Court Storm Sewer Extension