30-97 Resolution
RECORD OF RESOLUTIONS
Dayton legal Blank Co, Form No, 30045
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==:::==:=--___~ Resolution No. 30-97 Passed u19 ~===,=
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A RESOLUTION AUTHORIZING THE CITY MANAGER !
TO CONVEY A RIGHT-OF-WAY EASEMENT TO I
TULLER ONE LIMITED PARTNERSHIP FOR STORM SEWER i
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SERVICE TO SYCAMORE RIDGE SUBDIVISION !
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WHEREAS, the City of Dublin has been asked to dedicate an easement to Tuller One Limited !
Partnership, the details of which are more fully set forth in the attached document; and !
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WHEREAS, the City Engineer of the City of Dublin has determined that the Right-of-Way and I
Easement instrument prepared by Davis Law Office in Columbus, Ohio is satisfactory; and I
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WHEREAS, lack of adequate easement will create a hardship to the public; an~ I
NOW THEREFORE BE IT RESOLVED by the Council of the City of Dublin, State of Ohid.rZ.
Of the elected members concurring: !
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Section 1. The City Manager be and hereby is authorized to execute on behalf of the City I
of Dublin the deed of easement attached hereto as Exhibit A and incorporated herein by
reference to Easement for Storm Sewer Line, all as more fully described in said easement
attached hereto.
Section 2. That this Resolution shall take effect and be in force from and after the
earliest period allowed by law.
Section 3. That the City Engineer be, and hereby is, directed to have the Right-of-Way
and Easement instrument recorded at the Franklin County Recorders office.
,1997.
ATTEST:
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Clerk of Council
Sponsor: City Engineer
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I hereby certify that copies of thl's OtrtI' / ' i
C. "Iltle Resol f I
lty of Dublin in accordance witt. Sedion 7 U Ion Were poste'l :n tht! I
f1 31.25 of the Ohio Revised Code.
Assr ~1jun~n, Ohio
G,'OFFltWPlDDCS'CDUNCIl'SYCAMORF . FA"
interoffice
M E M 0 RAN D UM
to: Balbir Kindra, P .E., City Engineer
from: Randall J. Bowman, P,E., Assistant City Engineer - Development
subject: Sycamore Ridge Storm Sewer Easement in Public Parkland
95-016-RES
date: May 8,1997
Balbir ~
I informed you late last year of a need expressed by the developer of Sycamore Ridge to have a
storm sewer easement dedicated by the City for a private storm sewer crossing the parkland. I
contacted the design engineer responsible for the project, and was informed that the easement for
the storm sewer was unintentionally omitted from the easement dedication plat approved by City
Council about a year ago. The storm sewer was approved as part of the construction of the buildings
two years ago and is presently in service. Mitch has reviewed the deed and approves its format. We
should schedule this for Council action within the next several weeks. According to a conversation
with Mitch yesterday, this should be sent to Council in the form of an ordinance. If you need further
assistance from me, just let me know. We will record the deed once Council has passed the
ordinance.
P:\P AS S\ENG\RB3 0 1 \DOCUMENT\RES\SYCAMORE.EAS
EXIIIBlT ^
Page 3 of 3
S 5' 24' 49" E
163.24'
~ = 09' 00' 00"
~ = 09' 00' 00" R = 500.00'
R = 500.00' Ch = 78.46'
S3'35'11"W Ch = 78,46' S 00' 54' 49" E I
467.47' S 00' 54' 49" E
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I---- S 86' 24' 49" E 0.4
REFERENCE POINT OF BEGINNING ~
30.00' FOR DESCRIPTION
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~s = 0' 37' 02" I
R = 59500'
Chs = 6.41'
N 3' 16' 40" E
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TULLER ONE LIMITED PARTNERSHIP \Q
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ORIC. 15.432 AC. t-... <:
OR. 28397, PG. C 03 C)
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Ch = 167.86' <..J
S 43' 48' 42" E l.t) . .
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CI TY OF DUBLIN, OHIO <:0)1'-.
3.502 AG. '-< .......
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'OR. 32743, PC. C 18 l.t) a::
(PARK LAND) <: C)
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S 86' 07' 26" E I--
32.51' C)
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\ TRUE POINT OF BEGINNING l.t)
, FOR DESCRIPTION ~
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\ ~N 54' 39' 14" E
T " 55.35'
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S 3' 35' 11" W The Thomas Family Limited Partnership
35.00' 17. 940 Ac.
OR, 17716, Pgs. 0 16, 0 19, [ 02, E 05, [ 08, [ 11 & E 14
EXHIBIT FOR STORM SEWER EASEMENT
IN 0 TR. TWP. 2, T. 2 N., R, 79 W, U.S.M,L,
FOR TULLER ONE LIMITED PARTNERSHIP
SCALE: 1" = 60' ~20' 1996
C.F. Bird & R.J. Bull, Inc.
2875 W Dublin-Granville' Rd. By~ 1ed-. A. ·
Columbus, Ohio 43235 Ted L. Robinson - Ohio Surveyor No. 5361
PKESMT 93-114
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EXIIIBIT A
Page 2 of 3
thence S 860 07' 26" E a distance of 32.51 feet along a portion of
a south line of said 3.502 acre tract to a point, said point being
the point of true beginning for the herein described tract of
land;
thence N 540 39' 14" E a distance of 55.35 feet to a point;
thence S 860 07' 26" E a distance of 95.94 feet to a point in the
east line of said 3.502 acre tract and at the southwest corner of
a 17. gl,O acre tract conveyed to The Thomas Family Limited
Partnership by deed of record in Official Records 17716, Pages D
16, D 19, E 02, E 05, E 08, E 11 and E 14;
thence S 30 35' 11" W a distance of 35.00 feet along a portion of
the east line of said 3.502 acre tract to a point at the southeast
corner of said 3.502 acre tract;
thence N 860 07' 26" W a distance of 139.00 feet along a portion
of a south line of said 3.502 acre tract to the point of true
beginning;
containing 4,111 square feet (= 0.094 acre) of land more or less.
The bearings in the above description were based upon the bearing
as shown on the "Dedication of Tuller Ridge Drive and Easements"
of record in Plat Book 71, Page 60.
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Ted L. Robinson
Ohio Surveyor No. 5361
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EXIIIRIT A
Page 1 of 3
ar-
Bird+Bull
con, " r I i n g
engin.-cr1. '
, " r v ,. y 0 r ( September 20, 1996
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DESCRIPTION OF A STORH SEWER EASEHENT
ON TilE EAST SIDE OF TULLER RIDGE DRIVE
IN THE CITY OF DUBLIN TRACT OF PARK LAND,
DUHLIN, OHIO
FOR TULLER ONE LIHITED PARTNERSHIP
Situated in the State of Ohio, County of Franklin, City of Dublin,
being in Quarter Township 2, Township 2, Range 19, United States
Hilitary Lands and being part of the original 15.432 acre tract
conveyed to Tuller One Limited Partnership by deed of record in
CF Bird + RJ Bulllnc Offidal Records Volume 28397, Page C 03, Records of the
Recorder's Office, Franklin County; Ohio, and being more parti-
2875 We,! Dublin-G'anvine Rd cularly described as follows:
Worthinglon. Ohio ~323S
610611661 'ax 6147611328
Beginning, for reference at the point of intersection of the
centerline of Tuller Road with the centerline of Tuller Ridge
Drive as the same is delineated upon the Record Plat for the
"Dedication of Tuller Ridge Drive and Easements" of record in Plat
Book 71, Page 60;
thence the following five (5 ) courses and distances along the
centerline of Tuller Ridge Drive:
1. thence S 030 35' 11" W a distance of 40.00 feet to a point of
curvature;
2. thence along a curve to the left having a radius of 500.00
feet, a central angle of 90 00' 00", the chord to which bears
S 000 54' 49" E, the chord distance of 78.46 feet to B point
of tangency;
3. thence S 050 24' 49" E a distance of 163.2/1 feet to a point
of curvature;
I, . thence along a curve to the right having a radius of 500.00
feet, a central angle of 90 00' 00", the chord to which bearE
S 000 54' 49" E a chord distance of 78.46 feet to a point of
tangency;
5. thence S 030 35' 11" W a distance of 467.47 feet to a point
of curvature;
thence S 860 2/, ' 119" E a distance of 30.00 feet to an iron pin in
the easterly right-of-way line of Tuller Ridge Drive at a point of
curvature in said right-of-way and in the west line of a 3.502
acre tract conveyed to City of Dublin, Ohio by deed of record 1n
Official records Volume 32743, Page C 18;
thence along a curve to the left having a radius of 595.00 feet, a
central angle of On 37' 02" the chord to which bears S 30 16' 40"
W a chord distance of 6.41 feet to an iron pi.n at the southwest
corner of said 3.502 acre trac;
thence S 860 07' ,26" E a distance of 353.05 feet, Cllong a south
line of said 3.502 acre tract to an iron pin at a corner of said
3.502 acre and at a non-tangent point;
thence along a curve to the right having a radius of 248.33 feet a
central angle of 390 30' 28", the chord to which bears
S 430 48' 42" E a chord di8tance of 167.86 feet to an iron pin at
a point of non-tangency and a corner of said 3.502 acre tract;
.
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. EXH I B IT A
EASEMENT FOR STORM SEWlm UNI~
KNOW ALL MEN BY THESE PRESENTS, That the CITY 01' DUlU.lIN. an Ohio municipal
corporation. (hereinafter "Grantor") in consideration of One Dollar ($1.00) and other good and
valuable consideration paid by TUtLER ONE Ul\flTED PARTNERSHIP. an Ohio limited
partnership (hereinafter "Grantee"). receipt of which is hereby acknowledged. does hereby. for
itself. its successors and assigns. grant and convey to Grantee. its successors and assigns forever.
the nonexclusive right and easement to construct. install. operate. repair. replace. relocate.
inspect and maintain a storm sewer line. together with all appurtenances incidental thereto and
the right of ingress and egress at all reasonable times for the purposes aforesaid, on. over.
through. under and across the property of Grantor. located in the City of Dublin. Franklin County
and State of Ohio and described in Exhibit "A" which is attached hereto and made a part hereof
as if fully rewritten herein,
To have and to hold said easement and right-of-way. with all of the privileges and
appurtenances thereto belonging. to said Grantee. its successors and assigns. forever,
Grantee. its successors and assigns, shall have the right of ingress to and egress from the
site occupied or to be occupied by said line and appurtenances. and the right to do any and all
things necessary. proper or incidental to the successful operation and maintenance thereof.
Grantor. its successors and assigns. shall have the right to use the easement for purposes not
inconsistent with Grantee's. its successors and assigns, full enjoyment of the rights herein granted
including. but not limited to. the right to cross the casement area with sanitary sewer lines, and
other utility lines. whether public or private.
The consideration herein mentioned includes total compensation for the grant of the
easement and for all damages caused by construction. installation. operation, repair. replacement.
relocation. inspection and maintenance within the easement. provided. however. that Grantee. its
successors and assigns. shall promptly restore all property, including fences, trees, landscaping
and shrubbery. except buildings or other structures within the permanent easement. to its
original condition insofar as practicable after entering upon said premises for any of the purposes
herein set forth. including construction. operation. repair, replacement. relocation. inspection and
maintenance of all facilities and improvements of Grantee, its successors and assigns. within the
easement area and right-of-way.
Grantor. for itself. its successors and assigns. covenants with Grantee. its successors and I
assigns. that it is lawfully seized of the premises and that it will forever warrant and defend the
same unto Grantee. its successors and assigns. against all claims of all persons whomsoever,
IN WITNI~SS WHEREOF. Grantor has hereunto executed this Easement this _ day of
.1996,
Signed and acknowledged CITY OF DUnUN. an Ohio municipal
in the presence of: corporation ("Grantor")
[Print Name: ]
By:
Name:
[Print Name: ] Title: -----
(as to both signatures)
By:
Name: --
Title:
STATE OF OHIO
COUNTY OF FRANKLIN
The foregoing Instrument was acknowledged before me this _ day of .
1996 by and .
the and respectively.
,-
of the CITY OF DUnUN. an Ohio municipal corporation, on behalf of the corporation.
--,
Notary Public
ThLf in,f(rumCIJI prcparcd by:
T. R. Davis. Esq,
Davis Law Office
21 West Broad Street
Columbus. Ohio 43215
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f!crrY OF DUBLIN DATE: 6-15-97 storm Sewer Easement for
SCALE: NTS PAGE 1 OF 1
~.:-...~.... Sycamore RIdge
_ar DRAWN BY: R.JB
CITY OF DUBLIN Memo
Division of Engineering
5800 Shier-Rings Road
Dublin, Ohio 43016-1236
Phone: 614-761-6550
Fax: 614-761-6506
To: City Council
From: Timothy C. Hansley, City Manager
Initiated By: Director of Engineering/City Engineer
Re: Resolution Authorizing The City Manager to Convey a Right-of-Way
Easement to Tuller One Limited Partnership for Storm Sewer at
Sycamore Ridge Subdivision - Resolution No. 30-97
Date: June 12, 1997
Attached, please find a copy of a right-of-way easement request from Tuller One Limited
Partnership for the purpose of providing storm sewer service through public parkland in the
Sycamore Ridge Subdivision.
City staff has reviewed this request and find it satisfactory. I recommend approval of this
request by Council.
Respectfully submitted,
&L~-t'V' ~< \~~'"'\~/AJ I P ~ ,0\--
Balbir S. Kindra, P.E.
Director of Engineering/City Engineer
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