08-04 Resolution
(:RECORD..Of;. {RESOLUTIONS
Dayton Legal Blank, Inc., Form No_ 30045
___ - __________________________ ________________ ___m__
Resolution No, 08-04 Passed ,20_
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EASEMENT WITH THE
STONEHENGE COMPANY FOR WATER SERVICE
TO THE STONEHENGE PLACE OFFICE COMPLEX
WHEREAS, the City of Dublin entered into a Development Agreement with the
Stonehenge Company in 2003; and
WHEREAS, an easement is necessary to provide water service and associated
appurtenances, as shown in Exhibit "A," to the Stonehenge Office Complex; and
WHEREAS, the Stonehenge Place Office Complex is located along the south side
of Rings Road and west of Paul G. Blazer Parkway; and
WHEREAS, the Parcels numbered 273-005425 and 273-005421, where the
easement will be located, are properties owned by the City of Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, h- of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute a deed of easement
with the Stonehenge Company. The easement is located on the south side of Rings
Road and west of Paul G. Blazer Parkway.
Section 2. This resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this / 7th. day of ilWY0. P...Y1C-: ,2004.
~~a~
vIet Mayor - B sldmg Officer
Attest:
~CL~
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,
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
CITY OF DUBLINw Phone: 614-410-4400 · Fax: 614-410-4490
Memo
To: Members of City Council
From: Jane S. Brautigam, City Manage~6b ~
Date: February 11, 2004 ~V
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/ City Engineer B'
Barbara A. Cox, P,E., Assistant Director of Engineering - Development
Kristin K. Yorko, P,E., Civil Engineer k-i"^:f
Re: Resolution 08-04 Authorizing the CitiiGnager to Execute an Easement with the
Stonehenge Company for Installation of Water Service to the Stonehenge Place
Office Complex
Summary:
In Spring 2003, the City of Dublin worked in close cooperation with the Stonehenge Company, the
developer of the Stonehenge Place Office Complex, to preserve the trees and natural character of
Rings Road. The City of Dublin and Stonehenge Company entered into a Land Swap Agreement to
ensure the preservation of the natural attributes ofthe area located along the south side of Rings Road.
As part of the agreement, it was stated that the cost savings of allowing use of the adj acent City
property would reduce the dollar amount that the City would reimburse the developer for re-
engineering the project. The largest savings appear to be associated with how water service would be
provided to the project site,
Water lines exist on the north side of Rings Road and also within the City property upon which the
Blazer elevated water storage tank is located. Accessing the Rings Road water line would require
boring the water service beneath the four lane medianed roadway. The location of the existing water
lines adjacent to the Blazer tank will allow installation of the water service by typical open trenching,
Installing the necessary water service in this location will save additional trees and not require the
water service to cross Cramer Ditch. The location of the water service is as shown on the attached
copy of the project site plan.
Therefore, providing water service to the Stonehenge Place Office Complex from the adjacent City
property would be less invasive, preserve existing trees and be less expensive, The owners of the
Stonehenge Place Office Complex will install and maintain the water service, however an easement on
the City property is first necessary. Please find attached a copy of the Grant of Easement from the
City of Dublin to Stonehenge Company, as well as the associated legal description and exhibit. The
documentation has been reviewed by Legal Department staff and is consistent with easements
typically granted upon City-owned property,
Recommendation:
Staff recommends approval of Resolution 08-04 authorizing the City Manager to execute an easement
with the Stonehenge Company for the installation of a water service to the Stonehenge Place Office
Complex,
EXh\ b'lt R
- Page I cJ- Z.
DESCRIPTION OF A 0.094 ACRE
WATERLINE EASEMENT
SOUTH OF RINGS ROAD AND EAST OF PAUL G. BLAZER PARID
IN THE CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN,
SURVEY NO, 2419 OF THE VIRGINIA MILITARY DISTRICT AND BEING PART OF
THAT 3,000 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN OF RECORD IN
INSTRUMENT NUMBER 199905130121957 AND A PART OF THE 6,00 ACRE TRACT
CONVEYED TO THE CITY OF DUBLIN OF RECORD IN OFFICIAL RECORD IN
18639H07 (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S
OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS:
BEGINNING, FOR REFERENCE, AT THE NORTHEASTERLY CORNER OF SAID 3,00
ACRE TRACT, THE NORTHWESTERLY CORNER OF THAT 2.552 ACRE TRACT
CONVEYED TO THE CITY OF DUBLIN OF RECORD IN INSTRUMENT NUMBER
200308080251807, IN THE OLD CENTERLINE OF RINGS ROAD;
THENCE SOUTH 050 13' 24" EAST, WITH THE EASTERLY LINE OF SAID 3,000 ACRE
TRACT, A DISTANCE OF 356,21 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;
THENCE SOUTH 050 13' 24" EAST, CONTINUING WITH SAID EASTERL Y LINE, A
DISTANCE OF 20,00 FEET TO A POINT;
THENCE ACROSS SAID 3,000 ACRE AND 6.00 ACRE TRACTS, THE FOLLOWING
COURCES:
SOUTH 84037' 53" WEST, A DISTANCE OF 57.13 FEET TO A POINT;
NORTH 830 42' 49" WEST, A DISTANCE OF 69,30 FEET TO A POINT;
SOUTH 840 37' 53" WEST, A DISTANCE OF 77,64 FEET TO A POINT;
NORTH 05013' 24" WEST, A DISTANCE OF 20.00 FEET TO A POINT;
NORTH 840 37' 53" EAST, A DISTANCE OF 79,63 FEET TO A POINT;
-
SOUTH 830 42' 49" EAST, A DISTANCE OF 69.30 FEET TO A POINT;
NORTH 840 37' 53" EAST, A DISTANCE OF 55.14 FEET TO THE TRUE POINT OF
BEGINNING AND CONTAINING 0,094 ACRE, MORE OR LESS,
BEARINGS ARE BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM AS PER
NAD83, SOUTH ZONE,
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE A PART
THEREOF.
EVANS, MECHW ART, HAMBLETON & TILTON, INC.
~ JOHN c. DODmaN 9~ C6.~
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REGISTERED SURVEYOR NO. 8069
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===::;;;= == WATERLINE EASEMEN Exhib;+ 6
= & LOCA TED IN
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ENGINEERS. SURVEYORS, PLANNERS. SCIENTISTS SUR 'lEy NO. 2419
EVANS. MECHWART HAMBLETON & T1LTON.INC, VIRGINIA MILITARY DISTRIC
170 Mill STREET. GAHANNA, OHIO 43230-3036
TEL: 614-471-5150. FAX' 614-471-9286 CI TY OF DUBLIN, FRANKLIN COUl
SCALE 1" = 50'
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c:l O.R. 18639HS07 p~ODf73-005421 ~ ~ <:
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c; BASIS OF BEARINGS: BEARINGS ARE BASED ON THE OHIO STA TE
::? PLANE COORDINA TE SYSTEM AS PER NAD83, SOUTH ZONE.
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Stonehenge Company /Stonehenae Place /20030138/30138we1
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS that The City of Dublin, an Ohio municipal
corporation, hereinafter called "Grantor", whose tax mailing address is 5200 Emerald Parkway,
Dublin, Ohio 43017, for and in consideration of One Dollar ($1.00) and other valuable
considerations paid by the Stonehenge Co., an Ohio for profit corporation, hereinafter called
"Grantee", receipt of which is hereby acknowledged, hereby grants to Grantee, their successors and
assigns forever, a perpetual, non-exclusive easement in, through, over and under the real estate
described in "Exhibit A" attached hereto and made a part hereof, for a permanent waterline
easement, together with the right of Grantee and its agents, independent contractors, or successors,
the right to construct underground lines, conduits, valves, regulators and all other appurtenances
(collectively "Facilities"), and the right to add to, operate, maintain, repair, replace or remove any
Facilities, through the following described real property:
Situated in the City of Dublin, in the County of Franklin, and in the State of Ohio:
See "Exhibit A" attached hereto and incorporated therein.
Grantee, prior to any installation, repair, removal, replacement or relocation of the
facilities, must obtain written approval from Grantor's Engineering Department, such approval
may not be unreasonably withheld.
Grantee, as soon as practicable after construction of the facilities, including but not
limited to alterations and repairs thereto, shall cause the property of Grantor located within the
easement herein described to be restored to its former condition as nearly as is reasonably
possible.
Grantor, its successors and assigns, hereby release the Grantee from any further claims for
compensation or claims for damages resulting from this grant, except that Grantee shall not be
released from liability for damage caused by their negligence or that of their employees, agents or
contractors.
The agreements in this Grant of Easement shall run with the land and be binding upon and
inure to the benefit of the respective heirs, personal representatives, successors, transferees, and
assigns of the Grantor and the Grantee.
{H0398792, t }
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IN WITNESS WHEREOF, the said Grantor, The City of Dublin, and the said Grantee, the
Stonehenge Co., have hereunto set their hands this _ day of ,2004.
GRANTOR:
THE CITY OF DUBLIN
By:
. Its:
GRANTEE:
STONEHENGE CO.
By:
Its:
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and
county aforesaid to take acknowledgments, personally appeared The City of Dublin, by
, its , to me
known and known to be the person described in and who executed the foregoing instrument as the
Grantor for the uses and purposes herein described.
WITNESS my hand and official seal in the county and state last aforesaid this
day of ,2004.
Notary Public
{H0398792.1 }
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STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and
county aforesaid to take acknowledgments, personally appeared Stonehenge Co., by
, its , to me
known and known to be the person described in and who executed the foregoing instrument as the
Grantee for the uses and purposes herein described.
WITNESS my hand and official seal in the county and state last aforesaid this
day of ,2004.
Notary Public
This Instrument Prepared By:
Schottenstein, Zox & Dunn
250 West Street
Columbus, Ohio 43215
{H0398792.1 }
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