21-82 Resolution
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~ RECORD OF RESOLUTIONS
National Graphics Corp,. Cols,. 0, ~ ~~ Form No, 6233-A
Resolution NO,_m__~.J-:_~g_m_m P assednn__ ._.unn.Uu..m_.. un__n__n.m_mn19 unm.
A RESOLUTION ACCEPTING A DEED OF EASEMENT FOR
[ SANITARY SEWER IMPROVEMENTS.
BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio (,
of the elected members concurring:
SECn ON 1. That the Easement attached hereto for Sanitary Sewer Improvements
be, and hereby is, accepted,
SECn ON 2. This Resolution shall take effect and be in force from and after
the earliest period allowed by law.
7# day of xlr-ibrnbA ' , 1982
[ ATTEST:
~Y/J. I~..J
Cle'rk of Co cil
Sponsor: Village Engineer
1 hereby certify that ccp!es "f th s Ordinance/Resolution
were p03ted i ,I t :!~ ci ::'.:1 i:l a:cordance with
Section 731.25 cf l:-.c CiJ ::>ccc1 ,::~,
4~~ m. cd.t/J7Un?-<2
Clerk of Council '
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. EASEMENT
TIUS EASBv1ENT, made and entered into this day of ,
1982, by and between 1HE OHIO STATE UNIVERSI1Y, 190 North Oval Mall,
COhnnbus, Ohio (hereinafter referred to as "OSU") and the Village of
C Dublin, Ohio (hereinafter referred to as "Dublin"),
WITNESSElH:
WHEREAS, Dublin applied to OSU for an easement over the hereinafter
described University land for the following improvement, sanitary sewer
trunk line, Eitennan Road; and
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WHEREAS, the Board of Trustees of The Ohio State University, by
resolution adopted on September 3, 1982, approved the granting of said,
easement;
WHEREAS, OSU having considered Dublin's application, duly resolves
to grant said easement for a period of fifteen (15) years upon the terms
and conditions and under the restrictions as hereinafter set forth, said
easement being described as follows:
[j DESCRIPTION:
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Situated in the State of Ohio, County of Franklin, Village of
Dublin, in Virginia Military Survey No, 6748: Being an easement twenty
(20) feet in width across a 17,692 acre tract of land conveyed as Tract
2 to the Board of Trustees of The Ohio State University by deed of
record in Deed Book 3674, Page 787, Recorder's Office, Franklin County,
Ohio, the centerline of said easement being described as follows:
Beginning at a point in the centerline of Eitennan Road (fonnerly
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old,U,S. Route 33), as said centerline is shown upon Sheet 2 of 8 of
Ohio Department of Transportation right-of-way plans for UNI-33-23,34 &
FRA-33-0,OO, and in the northeast line of said 17,692 acre tract, said
point being S 410 23' 40" E a distance of 1,024.46 feet from a point in
the centerline of Eiterman Road, at the northeast corner of said 17,692
acre tract and in the Franklin-Union COl.m.ty Line;
0 thence S 520 18' 12" W a distance of 225,24 feet to a pomt (passing
a point in the west right-of-way line of Eiterrnan Road at 66,79 feet);
thence S 650 59' 09" W a distance of 280,61 feet to a point;
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5, Dublin shall, for a period of one year from completion of
construction, provide necessary fill and make such repairs and replacements
as may be needed by reason of settlement or similar causes in areas
which have been disturbed by said construction,
6, It is understood and agreed that in any portion of the easement
... that is now grassed lawn, the sod for the width of the trench and the
; temporary construction area shall be removed, stored and replaced,
W providing it is of sufficient depth to assure regrowth when replaced, or
in lieu thereof, the top soil shall be replaced and the area seeded,
7, All field tile, sewer or other public utility underground
installations or property of the State of Ohio, encountered in the
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construction of said improvement shall be replaced if disturbed, and
Dublin shall notify OSU when drainage lines or any other tIDusual conditions
are encountered in the field,
8. Dublin, its successors and assigns, agrees to replace in kind,
rather than money, the loss of or damage to all trees, shrubs, fences or
any other structures, the amount of such loss or damage to be determined
through mutual agreement between the parties.
""..... 9, Dublin agrees to restore the area to a safe and usable condition
for immediate return to use as cropland. In addition, Dublin will
~ reimburse OSU at the rate of $210 per acre for crop damage prior to or
as a result of construction, Dublin will restore the grading of the
land to the conditions existing before entry was first made,
10, The rights granted herein shall not be construed to interfere
with or restrict OSU, its successors and assigns, in the use of the
premises with respect to the construction and maintenance of property
improvements along and over the premises herein described so long as the
same are so constructed as not to impair the strength of interfere with
the 'use and maintenance of said improvement,
II. The total payment by Dublin shall be paid to The Ohio State
University, Office of Property Management, 900 Lincoln Tower, 1800
Cannon Drive, Columbus, Ohio 43210.
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..... TIlE VILLAGE OF DUBLIN 1HE OHIO STATE UNIVERSIlY
Richard D, Jackson
Vice President for
Business and Finance
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thence S 540 03' 40" W a distance of 313,37 feet to a point in the
west line of said 17,692 acre tract, and in the east line of an original
52,01 acre tract of land conveyed as Parcel 2 to Adria Laboratories,
Inc, , by deeds of record in Official Record 1276, Page G 19, Recorder's
Office, Franklin County, Ohio, and in Deed Book 285, Page 38, Recorder's
Office, Union County, Ohio, and at the terminus of said easement centerline,
said point being S 50 11' 58" E a distance of 1,211. 40 feet from a
[ concrete monument found in the Franklin-Union County Line at the northwest
corner of said 17,692 acre tract.
NOW, TIIEREFORE, In consideration of the mutual covenants herein
contained and the payment of $375,00 and other valuable considerations
by Dublin, the receipt of which is hereby acknowledged, OSU hereby
- grants to Dublin, its successors and assigns, the easement hereinafter
described, together with the right and privilege to Dublin, its successors,
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and assigns, to occupy and use said easement for the construction,
operation, maintenance, repair and replacement of the improvement described
herein for a term of fifteen (15) years effective this date, and under
the conditions and restrictions hereinafter provided, to wit:
1. This easement is granted with the understanding that said
improvement shall be constructed, operated, maintained, repaired, reconstructed
or replaced in accordance with good engineering practice,
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'-" 2, OSU grants to Dublin the right to use, only during the construction
of the sanitary sewer line provided for herein, additional land along
side said easement, Total width of the temporary construction easement
shall not exceed 100 feet.
3, This easement is granted on the condition that no special
assessment to pay the direct cost of constructing said improvement shall
be made against OSU, its successors or assigns, of the within named
property, and no cost of any kind shall accrue to OSU, its successors or
assigns except such usage charges as are contracted for by OSU,
4: Dublin will provide at no cost to OSU, for future service to
OSU's property, tap rights at the following locations:
a) At MH #116 (Station 67+97,30 located 258,45 feet southwest
~ of the property line on Eiterman Road): a 10 inch pipe stub
~ pointed north at elevation 920,21,
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b) At MH #117 (Station 69+77,91): a 10 inch pipe stub
pointed north at elevation 920,87,
c) At MH #117 (Station 69+77,91): a 10 ~ch pipe stub
pointed south at elevation 920,87,