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29-92 Resolution RECORD OF RESOLUTIONS Dayton legal Blonk Ca. 'orm No 30045 ResolutiO/l SO. 29-92 Passed 1.9 - -.-- -----.-----.-.,- c.._____,______________ "__ ____________..._______.___ A RESOLUTION OF INTENT TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 13,200 SQUARE FOOT PARCEL OWNED BY PAUL A. GELPI, LOCATED AT 38 WEST BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin is preparing to improve SR 161/Bridge street; and, WHEREAS, said improvement will require the City of Dublin obtaining a fee simple interest and a temporary construction easement in and to the premises described in the attached Exhibits "A" and "B", located in the City of Dublin, state of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, state of Ohio, / of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate for the purpose of improving SR 161/Bridge Street, a fee simple interest and a temporary construction easement in and to the premises located in the City of Dublin, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibits "A" and "B". Section 2. The City Manager is hereby authorized to cause written notice of the passage of this resolution to be served upon the owners and persons in possession or having an interest of record in the above-described property. This notice shall be served according to law. Section 3. This resolution 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 SR 161/Bridge Street is necessary due to the condition of an increased traffic flow on SR 161/Bridge Street. Therefore, this resolution shall go into immediate effect. Passed this l;et:; day of a ("'<.t-:. ' , 1992, -"1 Cd-vvvtA (!? {!:~ ~tfi- Clerk of Council I hereby wHy t~at f')lJies of tiis~/Resolution were posted in the City of Dublin in accordance w'th S~t;on 731.25 of the Ohio Revised Codl. C"l1'Gh..fi Q~ 0;~0<---- Clerk of Council, Dublin, Ohio .. ./ - ~tS. L<~~~1- / I f xh\rb ; i- lIA 11 i I I TEMPORARY RIGHT TO WORK GRANT; I i Paul A. Gelpi: of the City of Dublin. County of Frank1~n. State of Ohio. as Grantors, for the sum of one dollar ($ 1.00) the receipt and sufficiency of which is hereby acknowledged. does hereby grant to the City of'Dub1in. Ohio their respective employees. agents and contractors. as Grantees. the:right and easement to enter upon property owned by Grantors which is located ~t 38 West Bridye Street. Dublin, Ohio and described in Official Record Volume 7524 110 Recorder s Office. Franklin County. Ohio. to construct and install onisaid property the improvements to said West Bridge Street. including but not limited to regrading for the construction necessary to complete the improvements as shown on the approved plan STREET AND STORM IMPROVEMENT for BRIDGE STREET (S.R. 161), on file in the Division of Engineering. City of Dublin, Ohio and being a Ten (10) foot strip located adjacent to and north of the northerly right-of-way line of West Bridge Street. extending from centerline station 6+71 +/- to station 7+37 +/-. as delineated on said street improvement plans and as shown on the attached exhibit. The City of Dublin shall indemnify, defend and hold harmless said Grantors form and against any and all suits or claims by third parties for personal injury as a result of work by the City of Dublin, as described in this grant. (a) This indemnity does not Cover any injuries or damages occurring after the completion of construction of the improvements by the City of Dublin or its agents or employees. (b) This ind~nnity does not cover any injuries or damages arising out of the actions or inactions of owners or the actions or inactions of persons other than the City of Dublin or its agents or employees. The rights granted herein will expire one hundred eighty (180) days from the date of completion of the aforesaid improvements to said Bridge Street (S.R. 161 ). , IN WITNESS WHEREOF. the Grantors have executed this Temporary Right To Work Grant on thi s day of , 1991. Signed in the presence of: Witness: Grantors: i STATE OF OHIO : SS I t I I BE IT REMEMBERED, that on this dayiof i . 1991, before me. a notary public in and for said State. : personally appeared the Grantors in the foregoing Temporary Right To Work Grant. and acknowledged the signing of the same to their free and voluntary act and, deed for the purposes and uses therein described. I I I : I IN TESTIMONY WHEREOF. I have hereunto subscribed my ~ame and affixed my official seas on the day and year last aforesaid. . : : Notary Public I 100191.1 -/ / ~~S, 1':7 --'1 L- ..j I Ex h (' bi + \ , I , 1991 ~ Revised February 18. Revised October 19, 1990 Description of a Walkway and Utility Easement West of High Street. North of Bridge Street Dublin, Ohio Situated in the State of Ohio, County of Franklin, City of Dublin, being a six (6) foot ~ide walkway and utility easement out of that tract of land as conveyed to ,Paul A. Gelpi, Jof Record in Official Record Volume 7524110, Recorder's Off~ce, Franklin County, Ohio, said six (6) foot wide walkway and utility easement being more particularly described as follows: Beginning at the south east corner of said tract: Thence Westerly, along the southerly line of said tract, the northerly right-of-way of Bridge Street (66'), a distance of 66.00 feet to the southwest corner of said tract; Thence Northerly, along the westerly line of said tract. a distance of 6.00 feet to a point; Thence Easterly, parallel with and 6.00 feet northerly from (as measured at right angles), the southerly line of said tract, a distance of 66.00 feet to a point in the easterly line of said tract1 I t Thence southerly, along the easterly line of Faid tract a distance of 6.00 feet to The Point of Beginning, containing 396 square feet of land. more ,. orless : I Purpose: I i , For the purpose of constructing, using, dl . t . . a wa 1 kway, a n I ma 1 n a 1 n 1 ng street 1 ighting and appurtenant works in said strip~ including the right to repair arid care for said walkway and street lighting,;and access to said strip for said purpose. : ' i The above described purpose easement strip ove1jlaps port of an existing easement. It is not the intent of said proposed easement to limit the'use of the existing easement in any manner. . . .. 'J.; '.' ", !.'.. ,..'