19-82 Resolution
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RESOLUTION NO. /'f-aA
A RESOLUTION ACCEPTING DEED OF EASEMENT FOR
CERTAIN IMPROVEMENTS ON POST ROAD.
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I BE IT RESOLVE~ By The Council of the Village of Dublin,
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members concurring:
Section 1. That the easement attached hereto for certain
improvements on Post Road within the Village be and the same is
hereby accepted as it relates to any property which was the subjec~
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of the deed of easement and is hereby authorized to be recorded.
Section 2. This Resolution shall take effect and be in
: force from and after the earliest period permitted by law.
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I Passed
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ATTEST:
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I C er 0 . uncil
Sfon,s'o'" : V f/"~ A ~~ /1A"A~ER
~ I hereby ccrtif', l"'ct C~~;~~ d ""0 ('.':~'~r"/R"e"'ll!tion
. .' . - .. . -. -' -' ',0'.'.,., '~"~ . ",.:Iv I
~. wc,e ::1 'i.. '": 2c.~:'d2~C0 with
SeciL:n 731.23 ..';
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DEED OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that JOHN W. KESSLER,
TRUSTEE, an individual residing in Ohio (hereinafter called
"Grantor") , in consideration of the sum of One Dollar ($1.00)
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I and other good and valuable consideration to him paid by THE
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VILLAGE OF DUBLIN, OHIO, an Ohio municipal corporation classi-
fied as a Village (hereinafter called "Dublin") , the receipt
and sufficiency of which are hereby acknowledged, and pursuant
to the terms and conditions of a certain Sewer Line Agreement
(hereinafter called the "Sewer Line Agreement") made and
entered into the 5th day of August, 1981, by and among Grantor
and Dublin, does hereby GRANT, BARGAIN, SELL AND CONVEY unto
Dublin, its successors and assigns forever, a perpetual ease-
ment over, under, upon and through the hereinafter-described
strip of real property, for the purpose of constructing,
repairing, replacing, maintaining, cleaning and using a sani-
,.... tary sewer and appurtenant works and connections, together with
L the right of access to such strip of land for said purposes,
said strip of land being more particularly bounded and des-
cribed a: follows:
Situated in the State of Ohio, County of Franklin,
Village of Dublin, in Virginia Military Survey No. 3010:
Being a strip of land twenty (20) feet in width across a
portion 0f a 198.750 acre tract of land (198.718 acres by
recent s..lrvey) conveyed to John W. Kessler by deed of record
in Deed Book 3710, Page 1, Recorder's Office, Franklin
County, Ohio, the centerline of said strip being bounded and
described as follows:
r Beginning, for reference, at a point in the centerline
\..,; of Post Road (60 feet wide), at a southeast corner of said
198.718 acre tract and at the southwest corner of an 11.714
acre tract of land conveyed to Ralph P. and Julia C. Halloran
by deed of record in Deed Book 2434, Page 638, Recorder's
Office, Franklin County, Ohio, said point being N 860 37' 00" E
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a distance of 146.20 feet from a point at the intersection of
the centerline of Post Road with the centerline of Wilcox Road;
thence N 30 40' 16" W along a portion of an east line
of said 198.718 acre tract and along a portion of the west line
(""'"". of said 11.714 acre tract a distance of 30.00 feet to a point
I in the north right-of-way line of Post Road;
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thence S 860 37' 00" W along the north right-of-way
line of Post Road and parallel with and 30.00 feet northerly by
perpendicular measurement from the centerline of Post Road and
from a south line of said 198.718 acre tract a distance of
14.28 feet to a point;
thence N 30 45' 58" W a distance of 285.88 feet to a
point at the true place of beginning of the easement centerline
herein intended to be described;
thence N 470 21' 57" W a distance of 235.13 feet to
a point;
thence N 630 48' 17" W a distance of 359.78 feet to
f' a point;
'-- thence S 490 47' 33" W a distance of 157.98 feet to
a point;
thence N 820 03' 45" W a distance of 310.70 feet to
a point;
thence N 510 21' 15" W a distance of 147.57 feet to
a point;
thence S 730 07' 11" W a distance of 263.49 feet to
a point;
thence S 880 49 ' 06" W a distance of 243.16 feet to
a point;
thence N 600 56' 52" W a distance of 205.12 feet to
r a point;
~ thence N 700 21' 55" W a distance of 295.50 feet to
a point;
thence S 130 42' 03" W a distance of 152.42 feet to
a point;
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thence S 700 59 ' 49" W a distance of 62.68 feet to
a point in the centerline of Avery Road (60 feet wide), and
in a west line of said 198.718 acre tract, said point being
N 90 39 ' 00" E a distance of 83.40 feet from a point in the
centerline of the Avery Road bridge over South Fork of
r- Indian Run and at the southwest corner of said 198.718 acre
~ tract.
This Deed of Easement is executed and delivered by
Grantor and accepted by Dublin upon the express understanding,
condition and agreement that Dublin shall, to the extent
possible, after any construction, alteration, repair, replace-
ment, maintenance, cleaning or use of such sanitary sewer
and appurtenant works and connections is completed, restore
all property, including, without limitation, all property
belonging to Grantor, his successors and assigns, to the
condition such property was in prior to such construction,
alteration, repair, replacement, maintenance, cleaning or
~ use, and shall reasonably compensate Grantor, his successors
L- and assigns, for any property damaged or destroyed which
cannot be restored to its condition prior to any such
construction, alteration, repair, replacement, maintenance,
cleaning or use; provided that, without the prior written
consent of Dublin to so locate or build, Dublin shall not be
liable for damage to any growing crops located on, or responsible
for the repair or reconstruction of any structure built on,
the easement area.
This Deed of Easement is executed and delivered
and the easement hereinbefore described is granted subj ect
to the terms and conditions of the Sewer Line Agreement
(which terms and conditions are hereby made a part hereof
r- and by virtue of Dublin's acceptance of this Deed of Easement
~ do survive the herein conveyance and delivery hereof), and
upon the following additional conditions, to wit:
1. Grantor shall have the right to continue to
use and enjoy fully the easement area hereinabove described,
subject to the rights of Dublin to utilize the same for the
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purposes herein specified and subject to all building,
construction, zoning and other similar ordinances of Dublin.
2. No special assessment to pay the direct cost,
or any portion thereof, of constructinCj said sanitary sewer
r- and appurtenant works and connections shall be made against
\..,; Grantor, his successors or assigns, and no cost of any kind
in connection with said sanitary sewer and appurtenant works
and connections shall accrue to or be chargeable against
Grantor, his successors and assigns, until and unless
application is made to use the same, at which time only such
normal and regular fees and charges for tapping and sewer
service as are charged by Dublin shall be due and payable.
Notwithstanding anything in this section 2 to the contrary,
the agreements and waivers of Dublin with respect to fees
and charges for access to or use of water or sanitary sewer
and appurtenant works and connections as set forth in Paragraph 3
of the Sewer Line Agreement, including Dublin's specific
f waiver of the water and sewer surcharge capacity fees that
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are provided for in Ordinance No. 81-80 (passed May 18,
1981), sl-}all remain in full force and effect and such fees
and charges shall not be chargeable with respect to, and do
not apply to, "Developers Property" (which term is used
herein as it is defined in the Sewer Line Agreement).
3. Subject to the payment of such normal and
regular fees and charges therefor as are charged by Dublin
(except such fees and charges which Dublin, either herein or
in the Sewer Line Agreement, has agreed not to charge and/or
has waived), Grantor, his successors and assigns, shall have
the right to receive from Dublin sewer service to serve the
~ 198.718 acre tract of land owned by Grantor and referenced
'-' above and any future improvements made thereon and in
connection therewith, and Grantor, his successors and
assigns, shall have the right to make service taps into,
and, at his own expense, to construct and connect sub-trunk
line extensions, laterals and other lines into, the sewer
lines of Dublin.
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TO HAVE AND TO HOLD the above granted easement
unto Dublin, its successors and assigns forever, for the
uses and purposes hereinbefore mentioned.
IN WITNESS WHEREOF, Grantor has executed this Deed
of Easement this ____ day of , 1982.
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Signed and acknowledged
in the presence of:
JOHN W. KESSLER, TRUSTEE
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BEFORE ME, a Notary Public in and for said County,
personally appeared JOHN W. KESSLER, TRUSTEE, known to me to
be the person described in and who executed the foregoing
Deed of Easement, who acknowledged the execution of the same
to be his voluntary act and deed for the uses and purposes
therein mentioned.
,..., IN TESTIMONY WHEREOF, I have hereunto subscribed
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'-- my name and affixed my official seal this day of
, 1982.
Notary Public
This instrument prepared by: Vorys, Sater, Seymour and Pease
52 East Gay Street
P.O. Box 1008
Columbus, Ohio 43216
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