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10-83 Resolution t .. . RECORD OF RESOLUTIONS I f r' n!~ . I- i ' National Graphics Corp.. Cols., O. ~ ~ts:5 Form No. 6233-A Resolution N 0 .m.l{),-:_K..~____m___m_m P assedn_____n__m_____m______ ____ __________________19 -------- r'. A RESOLUTION ACCEPTING TWO (2) DEEDS OF EASEMENT NECESSARY TO MAINTAIN, REPAIR, ETC. AN EIGHT INCH L WA TERLI NE. BE IT RESOLVED, by the Council of the Village of Dublin, State of Ohio, 7 of the elected members concurring: SECTION 1. That the Easements attached hereto, marked Exhibit "A" and Exhibi "B" for maintenance, repair, etc. of an eight inch Waterline are hereby ap- proved and accepted. SECTION 2. This Resolution shall take effect and be in force from and after the earliest period allowed by law. /\,. v:> 1- ' 1983 r j ..... ATTEST: ~-D Clerk- -Council ~ Sponsor: Village Manager CERTIFICATf I. __ ~Vp Lfh .D~ ___' Clerk of Council, hprphv ".,:1" that the fl)regoing is a true ~~r- n~,'Q.=~ duly adopted by the COii;i~;; ~I ,ite: 'idlage of Dublin, Ohio, on the day of J~ 4~ ~-D CI k of Council, Dublin, Oh~ ,. r \., - . . CORBIN'S MILL SUBDIVISION ~ . E.,I,;,;r A DEED OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Belle Meade Holding Company, an Ohio Corporation, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations paid to it by the Village of Dublin, Ohio, the receipt and sufficiency of which r- are hereby acknowledged, hereby grants with general warranty covenants, subject, however, to covenants, reservations, , easements, conditions, restrictions, encumbrances, agreements and .......... charges of record in prior instruments, taxes and assessments not yet due and payable, and legal highways and zoning ordinances, unto said Village of Dublin, Ohio, its successors and assigns forever, a perpetual easement in, over, through, upon and under the following real estate in said village and described as follows: See Exhibit A, attached hereto and incorporated herein by reference. This easement is granted for the purpose of constructing, using, maintaining, repairing, cleaning, and replacing an eight inch water line and appurtenant works within said easement area, together with the right of ingress and egress to said easement. This Deed of Easement is executed and delivered and said easement is granted subject to the following conditions, and recordation of this Deed of Easement shall constitute and acknowledge Grantee's acceptance of and agreement to the provisions hereof and Grantee's warranty that it is authorized to carry out its obligations contained herein. r 1- Grantee covenants that it shall immediately after construction of said water line and appurtenant works and after ...... all subsequent alterations and repairs thereto, repair, replace and restore all real property and improvements thereto, including, without limitation, all asphalt, vegetation, sidewalk and curbs, to as near to their original condition as reasonably possible. Grantee further covenants that it shall, for all sod and grass areas removed, torn or scarred, as soon as the weather permits after construction of, and all alterations and repairs to, the water line and appurtenant works, prepare all sod beds and thereafter place sod. "",.. .....,.., . . . - 2. Grantor, its successors and/or assigns shall in no event be liable or responsible for payment or reimbursement of the costs of constructing, using, maintaining, repairing, cleaning and replacing said water line and appurtenant works. Notwithstanding the foregoing, Grantor shall pay such reasonable fees as may be charged by Grantee to tap in to such line. 3. The rights granted herein shall not be construed to interfere with or restrict 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 or interfere with the use and maintenance of said utility. 4. The covenants of Grantee contained herein shall run with the land. IN WITN~S WHEREOF, the said Grantor has hereunto set its hand, thi s ?~ -"day of January, 1983. Signed and acknowledged in the presence of: Belle Meade Holding Company, ,r an Ohio Corporation . . I " ' ::C0.:r~~\l~\.; \", )'y~\"~A~v By. STATE OF OHIO COUNTY OF FRANKLIN, ss: This day, before me, a Notary Public of the State and County ~ aforesaid, personally appeared Judith D. Levine, with whom I am personally acquainted and who upon oath acknowledged to be such ~ officer of Belle Meade Holding Company, and that she as such, being authorized to do so, executed the foregoing instrument for the purposes there contained by signing in the name of the corporation as such officer. Witness my hand and official seal this;:t\\lday of January, 1983. '-'. . C \'C]< r-1y Commission expires~v..\. ,.), " ~ -.) . \ I. ( " r . . __l_.'d '. '.. \-\ ('- ^ r \ '\(U":'~\.:L,~~0,,") .,,'.':: \ ~~-{",-) Notary Public -2- ".. '-' ..~ . .(.: ~ . . .. EXHIBIT A Situated in the State of Ohio, County of Franklin, Township of Washington, Village of Dublin, and being a part of Lot Number One of Corbin's Mill Subdivision as recorded in Plat Book 55, Page 81, Recorder's Office, Franklin County, Ohio, and more fully described as ".. follows: . ! Beginning for reference at the northwest corner .......... of Lot Number One of said Corbin's Mill Subdivision on the east right of way of Frantz Road ( 100' R/W) ; Thence along the east line of said Frantz Rd. S 050 01' 49" W a distance of 329.00 feet to a northwesterly corner of a 2.939 Acre tract of land deeded to Kenneth N. Carpenter and Patricia A. Carpenter by deed recorded in O.R. Vol. 2280, Page E-19, and the TRUE PLACE OF BEGINNING of the herein described easement; Thence S 840 58'11" E a distance of 270.00 feet to a point; Thence N 050 01' 49" E a distance of 30.00 feet to a point; Thence N 840 58'11" W a distance of 160.00 feet to a point; Thence N 780 44' 38" W a distance of 110.65 feet to a point in the east line of Frantz Road; ".... Thence along said line S 050 01' 49" \v a distance of 42.00 feet to the place of ....... beginning. Containing 8760 square feet of land, more or less. ."... :(:. '-' -'~',,---- . ~ , :2UELll; :-ffiALTH CAFC:: P'tlACT1C:::: Ex /,; ,;.,. "8 ,. :DEED OF LASIlIENT I\X<Al ALL m:N 3Y TK~r PRLST'!r7S, that iCenneth IT. CaI'1'2nter, o.r:C Patricia A. C2,rrenter, husband ane' c.ife, in consio.eration of the SUln of (he Dollar (~t1. 00) end other- good 2.11(:' vr._Ius.tlc consider- ations paid to them bj-- the 7illage o~" Dublin" Ohi 0 , the recei:-,t r and alfficiency a Hh.i..ch are nel'c'c.y "Cl:-nmdc;dged, do :~l;:;r,,~b~l gra...."1t to said 7ill~.ge 0: lAlbllr., 0}--..10 its S'llCC,:::ssors r,ll(: ~,"sst;;.,l~c) '-' .forever, a ICT:'etual cas "~r"?~~~ 01[:-;T, th.rougl:, 'U..Yl,-l0;r, ~_n\~:_ 't:po::. the follQi.o."'ing \lescJ:'ic' , :r,~&'1 ~.st,::.t,:: : (See ..~t tac)lt.::(~ Eas ,~'T;2~t ~;,='scTi?tion) 5"1i s ,=asi~.r1ent is grante~'i ?or tr"c ;,ur;,ose 0.E' construdnn(3, uSi::i?;, rr'ain tainin~, r,=pair1ne, cleaning anc replacing an eight inch ~vater line anii. e.ppurtenant ~iOr~("s ,,:1 t:-"d.n sa1<'1. eas'SJ11?n't area together ,,71th the right of ingress aIle: ''Ogress to said easement. 11'7 WITITESS ~;J}llmOF, Ker.:neth !r. C~rrenter an~ P~trici~ A. S?rpcnter, husband and vdfe, who hereby waive and release their res'cctive rightq cr dower, have executed this ease~ent as of this :A'i day of .; )(...(<--A f ?J ' 1933. Signed and acknovTledged in the pre~e o~. ~I . -~_., By r ~ ci)~ By .... STATE OF OHIO . . 5.5. COUNTY OF FillUlliLIN: Th1s J~C , r e."or'" J"'1f, A !Jot~r:" Pt:rlJ.c of th" State ~m/"l C:o~mt:T a.foresa.1'~, persona.lly appeared KeIL."1eth :r. Carrent~r ann Patricia A. Carpenter, Mho aCKnO'l^Tledgcd tl:.at thp:" :"-Y:0C":+('C' t:e "'O!'C' [;Oinu L'I1strt1J1'l'8nt'"'or th~ pm"!"oscs contaiY'.cr1 ~!'"'r-1'1. Witn'?ss Y"~T seal th1S dJ ~p-:- 0" '~/u.d. t t.L 1 lOR< // .J # . -' . ""__ 1 ' , /. ) ~ t. t: A-d / ,XJ/~~! i .{ /K ~ota~ <:"M~THHE INGRAM (/ fIGT:,::Y PUBUC, STATE OF OHIO r~Y ra',~"lISSI0rl EXPIRES FEB. 26. 1m ,... t ..... - - . . , LEGAL DESCRIPTION WATER LINE EASEl.rENT Situated n the State of Ohio, County of Franklin, T~~ship of Washington, Village of Dublin" and being part of Lot NUlTlber one of Corbin'S Hill Subdivision as recorded in Plat Book 55, Page el ~nd also being part of that 2.939 Ac. tract of land doeded to Kenneth H. Ca11'enter a.11.d. Patricia .A. Carrer:te:>::' by reed recorded r- in Official Records Vol. 223C1 "Page :':'-19, Recorders Office, l"ra.'1kli.."'1 C01..L'l.::", C'::0.0.1 and being Jll.ore particularly described '-' as follcms: Beginning for reference at a p01nt In the East l1ne of Frantz Rd. at the north-Host corner 0: sud Lot One, Thence S 050 01')' ?'j~J & dlstance "af 329..00 feet to a po~t at a northwest~rl~r corn0~ of sa~d Carpenter 2.939 Acre tr~ct; T:;"'nc'" along a nort~erly lLl1.p o~ ~a'l 2.939 Ac. tr~ct S q)~O ;:'8 I 11" ~ ," r1~s+'anc8 0"" ?'7().OO to,,,,.,t to t1'" T?n.,.. pr'ri 0 I7:GP'lITl;(', ~or the her21n :-J.escribecl eaS8J'l'lent, Thence S Sho 58' 1111 E ? '~~stance cr 26.lh feet t.o a pOJ.ntj Thence lJ .,)~o 1:F1' 1L" ~ ~. (l~stance o.f' PJ.)'? """0t to a. pOl.nt; ThencR r 530 0:" at.. ~ 3 r1~~ta.nc;' 0.-" 17" .;'3 .-"-cot to a roJ.JI+, J.::- th~ mr.f:t1 b....':.C' 0-" S a"~.l 2. 0J 9 Ac. trAc-l::, j Thence alone sa"~r1 north 1111C ~T r\ho h1' 59" I,J 1> (~~star.c- 0" U.~.65~pet to a po~nt; Th.:mc e 8 ~30 0)" 0):" tJ 1'l'~~tanc;' 0" 159.70 'f'-'.:,t to R. P01!"t; ThGnce 2 7Lo hR I 1.4.1 If a N1sta..l1Ce of ??Jl =~2t to a p01nt; Thence ~! Rl.:o 5R' 11,i 1fT a .~if'J a.LLe" 0f" 20.79 ;eet to ~ ~oi~~ i! ^ ~.ester1y lLl1.e 0:1: sa1,~ 2.9JS' Ac. tract.; a Thence along said \W3sterl;r. line S 050 01' ',?" 1;J a c1istanc no:" 30.00 feet to t~~ plac~ of b~~~nJ.nG' "..... Cont~g P!:l): squl'.r.: "'"'~t 0." 1<>.nr1, J'l'lO:>'r' o!' 1"ss. t ........ ,... '-"