33-75 Ordinance
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, ORDINANCE NO. 3J -7cS: VILLAGE OF DUBLIN,
OHIO
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AN ORDINANCE GRANTING AN EASEMEWl'
TO MUIRFIELD LTD. FOR CONSTRUCTION
AND HAINTENAI'lCE OF SEWER F'ACILITIES
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WHEREAS, the Village of Dublin has entered into a "Sewer
(' Development Agreement" with Jl1uirfield Ltd., Western Electric
I \ Company Incorporated, and American Urban Corporation pursuant to
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which Muirfield Ltd. is charged with the responsibility of con-
structinsr certain sanitary sewerage 'and other improvements in
public rights-of-way; and
\\lHEREAS , the Council of the Village of Dublin passed ordinance
Number 19-74, authorizing the conveyance of certain temporary ease-
ments and the right to construct certain sanitary sewerage and other
improvements in public rights-of-way; but
WHEHEJl..S, the "Grant of Easement and Other Rights" o,1.i thor i zed
by ordina.nce Numhc.::r 19-74 inadvertently was never executed and
delivered by the Village of Dublin; and
() mIEREAS I the Council of the Village of Dublin passed ordinance
I ) Number 68-'74, superseding ordinance Number 19-74, which authorized
U the conveyance or certain temporary ea!i.~s bu! ..:~l~.rJ?lls1:Lgx~rS~,.9~l.t
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fai,lE;cL to authorize the conveyance of the right to construct cerLain
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improvements in public rights-of-way; and
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WHERE1\S , it is the desire of the Council of the Village ~f
Dublin that SUCII right to construct certain improvements in public
rights-of-vmy be authorized.
Nm'J 'j'HEf-<.EFORE r BE IT ORDAINED by the Council of the Village of
Dublillr Ohior _~_ of the elected numbers concur:d.ng:
'rh<l i: the t'1ayor, the Village Administrat.or r and the Clerk-
'rreasure:c be r and they hereby are, authorized and directed to execute
and deliver to Muirfield Ltd. the "Grant of Easemen't and Other Rights",
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a copy of which is attached hereto and hereby made a part hereof.
Pat"c:-ec1 1-11; '-' ~ c1a\' or. JcI~ 1975.
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Ma or - Presid ng Officer
ATTES'l' :
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Clerk ~ Treasurer
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V;(rA1e A~f\;ll'1l~trqtoy
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GRANT OF EASEMENT AND OTHER RIGHTS
Background
C As of January 14, 1974, the Village of Dublin entered into a
Sewer Development Agreement (the "Sewer Agreement") with Hllirfield
Ltd. and certain other parties, pursuant to which Muirfield Ltd.
was appointed and designated agent of the parties thereto for the
purposes of constrllcting, or causing to be constructed, certain
sewer facilities described therein.
The Council of the Village of Dublin, Ohio, mei: on 33-75
j tJ/'I E. 2- , 1975, and by action duly taken, Ord. No.
authorized and directed the Village Mayor, Village Administ:rato-:-r-,--
and Clerk-Treasurer to execute and deliver to Muirfield Ltd. as agent
for the parties to the Sewer Agreement, an easement granting to
Muirfield Ltd. the right to enter upon rights-of-way owned by or
over which Dublin has jurisdiction and control, for the purpose of
the construction of sewer facilities pursuant to the Sewer Agreement.
EASEHEN'r AND OTHER RIGHTS
The Village of Dublin, Ohio, a municipal corporation, (the ..
"Grantor" ) in consideration of One Dollar and other good and valuablE~
consideration, the receipt and sufficiency of which are hereby
acknm'llec1ged! does hereby grant to Muirfj.eld Ltd., (the "G:can-t:ee" )
its successors, assigns, licensees, agents, con.tractor s and subcon--
n tractors, an easement to enter upon all rights-of-way of public
( \ streets, alleys, highways, other thoroughfares, and rivers al!d
~" strea,ms owned by or over which the Village of Dublin has jurisdic-
tion and control, including, without limitation, the area within the
right-of-way of Martin Road, outlined in red on the attached "Exhibit
A" , which "Exhibit A" is incorporated herein by this reference,
for the purpose of the construction of the sewer facilities described
in the above-described Sewer Agreement, including, without limi,tation
on the fore~oing, the rights to excavate, construct thereon, fill,
and do all other things necessary or appropriate for the construc-
tion of S(~\'ler facilities.
'l'O HNJE l\ND TO HOLD such easement to the Grantee, i +- <:" succes~;or~:
.... oJ
and as::;.ignr..:, un t. i 1 the completion of the construction of sewer f a.ci l:i.,-
ties pursuant, t:o the provisions of the Sewer l~gTeement.
GRANTEE'S OBLIGATIONS
For the purposes of the fore~roing, "completion of the se\..;rer
facilities pursuant to the provisions of the Sewer Agreement" shaLL
be deemed to have occurred 60 days aftex: the same shall have become
operational pursuant to S8(c) of the Sewer Agreement and the Village
n Engineer shall have certified to the Village Administrator that the
same hUB been completed.
U Gro.ntee. , for itself and its succeSf30rs and assigns, hereby
agrees to indemnify and save harmless th2 Grantee from and agai~st
any and all claims, liability, and dRrnages of any nature what:soever
in connec::ion \vi i:h the cons truction acti vi ty and work perfonned pur--
suant to Lhe SevJer Agreement by or on behalf of the Grantee on or
wi t,hin the boundaries of such easen1E:m.t, he:L-c:d,nb(~forc described.
Grantee, also, shall restore all areas within the easement areas
and rights of: way hereinbefore described in which construction acti-
vity or \\'ork is performed pursu(lnt to the Sewer Agreement to :;:, ulj s t:cl 1'1-
tiaIly as good, or be1:ter COIH.1.i L1.o!1 , than existed atLhe time of com--
me.ncewellt ur such construction activity or work.
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IN WITNESS WHEREOF, the Village of Dublin, Ohio, a municipdl
corporation, pursuant to authority and direction set forth in
Ordinance No. :i:1 75- duly adopted by its Council on .J""~.2.
, 191' , has caused this instrument to be executed on its
behalf on the)Jl day of ___~_ ' 1975, by its Village ~ayor,
Village Administrator, and Clerk-Treasurer.
Signed and acknowledged by
all three in the presence of: VILLAGE OF DUBLIN
n _~ .JIjL - By ~~a 4. {flr j~
U Vl1 a e Mayo&
(1 "-' ji 1J~ ~ By ~ ~ /J"","",
* ~e Adminis rator
By i2D ~
r Clerk-Treasurer
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
Before me, the subscriber, a Notary Public in and for said
,county, personally appeared Joseph R. Dixon, Sherman Sheldon, and
Richard Termeer, the Village Mayor, Village Administrator and Clerk-
Treasurer, respectively, of the Village of Dublin, Ohio, the Gr~ntor
in the foregoing instrument, who acknowledged the signing of the
foregoing instrument to be their free acts and deeds in behalf of
the Grantor for the uses and purposes set forth therein.
~ IN WITNESS WHEREOF, I have hereunto signed my name and affixed
, ~ my official seal on the ___ day of , 1975.
V
Notary Public
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