13-83 Resolution
RECORD OF RESOLUTIONS
'~();83
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National Graphics Corp" Cols,. 0, ~ ,_!,!:S Form No. 6233-A
Resolution NO,u_m_!:.l-:__~~__m_uu P assedunn___ umu_____num uu_____m_mm___19 ____m_
A RESOLUTION ACCEPTING DEEDS OF EASEMENT
FOR A WATERLINE IMPROVEMENT.
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BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, b
of the elected members concurrring.
SECTION 1. That the Easements hereto attached as Exhibits"A" and "B" for
a Waterline improvement be, and they hereby are, accepted.
SECTION 2. This Resolution shall take effect and be in force from and after
the earliest period allowed by law.
Passed this ~ day of ~ ' 1983
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ATTEST:
Clerk ~ .Dq-
Sponsor: Village Manager
I hereby certify that copies of this gr~iR8Ree/Resolutlo"
wer~ p03ted in the Village of Dublin in accordance with
SectIon 731.25 of the Ohio Revised Code.
C ~4
Clerk of Council
, . - ()v. J' .!.J-IUJ ~ '~
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DEE D o F f A S EMF N T " A '~
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l<N(H'-' ALL ~F.N BY THESE PPESENTS, That GERALD F. GALLOWAY, of the
Statp. of Ohio, County of Franklin, in consideration of the sum of
One Dollar ($1.00) ann other good and valuable considerations to
,,- pim paid by the Village of Dublin, Ohio, a ~unicipal corporation,
-....., the re-ceipt of wtdch is hereby acknowledged, does hereby grant
and release to saie VillClge of Dublin, Ohio, its successors and
C'!F.signs forever, a riqht-of-way over and through the following
oescribed real estate:
Situate in the State of Ohio, County of Franklin,
Village of Dubl in, be i ng located i n Vi rg i n i a Military
~urvey No. 2419 (48S2) and being a strip of land
twenty (20) feet in width across the entire southerly
r.art of the 10.000 acre tract conveyed to Gerald F.
Galloway, by deed of record in Official Pecord 2509,
Page A-II, said strip to lie northerly from, adjacent
to and para llel with the entire southerly line of said
10.000 acre tract, said line also being the northerly
right-of-way I ine of Blazer Parkway (?s 5ai(j right-of-
way was conveyed to the Village of Dublin, by deed of
record in Official Record 2509, Page-13, and being 60
~ feet, in width).
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This Easement is granted for the purpose of constructing, using
ann maintaining a Water Line and appurtenant works in any part of
said strip, including the right to tepair and care for said Water
Line, together with the right of access to said strip for the
said purpose.
TO HAVE AND TO HOLD s~id premises unto said Grantee, the Village
of Dublin, Ohio, its successors ano assigns forever, for the uses
anrl purpc~es herp.in~efore mentioned.
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IN \dTNESS \-;Hf;f.'FOF, Tr.e Grantor herein, C;U>I:.,LD P. CiA LLOv2j\,Y , ha~
....... b
~pt his hand this day of , 1983.
Contimwd... .
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DffD OF fASE~ENT - Continued
GERALD R. GALLOhAY
r Signed and acknowledged
'-- in t~e presence of:
Q..,,4/;: .IJ~.d
wi tness. -
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wi ness
STATE OF OHIO ) 5S:
BE IT PEJ.~FMBFFFD, That on this ~~ day of y~/~ ,
1983, before me, the subscriber, the
a Notary Public in and for
,-... said State, personally came the above named GFFALD P. GALLOWAY,
""- tre Grantor in the foregoing Deed of Fasement \-/r.O acknowledged
the signing of the same to h~ his voluntary act and r.eed for the
purposes and uses herein mentioned.
IN TEST H~ONY WHEPFOF, I have h(~r€unto But-scribed my nalT\e and
affixed my official seal on the day and year last aforesaid.
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Nota Public
ElIZABETH A. MILLS
.~AI:r PUBUC, STATE OF (1/10
SSIOII Dr/US SUTEII8ER 9,l_
My Commi~sion fxpires
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....... This I fl S t. nun€, n t prera rf)r1 I'~y:
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EASEMENT AGREEMENT
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STATE OF KENTUCKY) "6
) f,1L.
COUNTY OF GREENUP )
THIS EASEMENT AGREEMENT is entered into this day of
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L ' 1982, by and between THE ASHLAND OIL FOUNDATION, INC.
(hereinafter referred to as "ASHLAND"), a nonprofit Delaware corporation,
whose address is P.O. Box 391, Ashland, Kentucky, 41114, and the
VI LLAGE OF DUBLIN, Ohio (hereinafter referred to as the "VI LLAGE"), a
Municipal corporation with offi ces located at 6665 Coffman Road, Dublin,
Oh io, 43017.
WITNESSETH:
That for and in consideration of the sum of ONE DOLLAR ($1.00) and other
good and valuable consideration, receipt of which is hereby acknowledged,
ASHLAND hereby grants unto the VI LLAGE an easement to construct,
~ maintain, repair, use, and remove a Water Line over and through the
.1..- following described property (herei nafter referred to as the "EASEMENT
AREA"), together with the right of access to the said EASEMENT AREA for
the said purposes:
Situate in the State of Ohio, County of Franklin, Village of
Dublin, being located in Virginia Military Survey No. 2419 (4852)
and being two (2) strips of land across those tracts of land
conveyed to The Ashland Oil Foundation, Inc. , by deed of
record in Official Record 2502, Page J-11, Recorder1s Offi ce ,
Franklin County, Ohio, said strips being described as follows:
STR I P 1
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Being a strip of land twenty (20) feet in width across those tracts
of land conveyed to said The Ashland Oil Foundation, Inc. ,
said strip to lie northerly from, adjacent to and parallel with the
entire southerly line of said tracts, said line also being the
northerly right-of-way line of Blazer Parkway (as said
right-of-way was conveyed to the Village of Dublin, by deed of
record in Official Record 2509, Page 1-13 and being 60 feet in
.... width).
STRIP 2
........
Beginning at the point of intersection of the northerly
right-of-way line of Blazer Parkway (being 60 feet in width), with
the westerly right-of-way line of Frantz Road (being 100 feet in
width) ;
thence along said right-of-way line of Blazer Parkway, South 700
241 10" West, 34.60 feet to a point;
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thence North 280 49' 15" East, 47.14 feet to a point of curvature
in the westerly right-of-way line of Frantz Road;
thence along said right-of-way line, being the arc of a curve to
the right, (Sub-Delta = 10 34' 4811, Radius = 1859.86 feet) a chord
bearing and distance of South 180 511 43" East, 51.29 feet to the
place of beginning.
The right granted herein by ASHLAND are granted upon the following terms
r- and conditions:
.......... 1. VI LLAGE ag rees that the construction, maintenance, ~ repair, and
removal of such Water Line shall be done in a good and workmanlike manner
by skilled, careful, and efficient workers, and shall, except as hereinafter
may be provided, be at the sole expense of the V I LLAGE.
2. VILLAGE agrees that, following any work on its Water Line and
following any entry upon the property of ASHLAND, the VI LLAGE shall
restore the EASEMENT AREA and all other of ASHLAND'S property to the
condition existing prior to the work or entry, and, while performing any
such work or during the time of its presence on any property of ASH LAND
pursuant to this Easement Agreement, the V I LLAGE agrees not to damage
any property owned by ASHLAND and not to interfere with ASHLAND's, or
any of its agents' or contractors I, ingress or egress or other use of such
,....,
property.
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3. ASHLAND reserves the right to use the EASEMENT AREA in any
way not inconsistent with the rights herein granted.
4. In the event ASHLAND determines it has need of the whole or part
of said EASEMENT AREA, ASHLAND reserves the right, at any time, to
require the VI LLAGE to relocate its storm water forcemain, in whole or in
part, to another suitable location, provided ASHLAND notifies the VI LLAGE
of its exercise of right in writing and designates in said writing a suitable
location. All expenses of said relocation shall be paid by ASHLAND.
5. In case of any and every change of location or upon complete
removal of all of the Water Line by the VI LLAGE, the EASEMENT in that
part or portion of the land from which the storm water forcemain has been
~ removed shall cease and terminate, and all right, title, and interest shall
.... revert to ASHLAND. Further, VI LLAGE agrees that the easement granted
hereby shall terminate in the event that VILLAGE'S Water Line is ever
abandoned or the use thereof discontinued. In the event of such
abandonment or discontinuance, V I LLAGE agrees that, if so requested by
ASHLAND, it will remove such Water Line, and that it or its successors or
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assigns shall enter into such agreements as are necessary to properly and
formally terminate this agreement and insure recordation of same.
6. VI LLAGE agrees to protect, indemnify, hold harmless and defend
ASHLAND, its subsidiaries and related companies, and the officers,
directors, employees, workmen, agents, servants, and invitees of ASHLAND,
r its subsidiaries and related companies, from and against all losses, damages
r (including, but not limited to, punitive damages) , demands, claims, suits,
......
and other liabilities, including attorney fees and other expenses of litigation,
because of (i) bodily injury, including death at any time resulting
therefrom, whether to employees, agents, or invitees of VI LLAGE or of
ASHLAND, or to anyone else whatsoever, and (ii) damages to all property,
including loss of use thereof and downtime, whether such property belongs
to V I LLAGE or to ASH LAND, or any of its subsidiaries or related companies,
or to some third party, which occu r , either directly or indirectly, in
connection with (a) performance of the work contemplated hereunder or (b)
the presence of VI LLAGE or its employees, workmen, agents, servants, or
subcontractors on the premises of ASH LAN D. V I LLAGE'S said agreement to
protect, indemnify, hold harmless, and defend as set forth in the
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immediately preceding sentence shall not be negated or reduced by virtue of
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the existence of any negligence or alleged negligence of ASHLAND, its
subsidiaries or related companies, or the officers, directors, employees,
workmen, agents, servants, or invitees thereof, active or passive,
concurrent or nonconcurrent with that of others, including VI LLAGE, its
employees, workmen, agents, servants, and subcontractors; nor shall
VI LLAGE'S ag reement be negated or reduced by vi rtue of VI LLAGE'S
insurance carrier1s denial of insurance coverage for the occurrence or event
which is the subject matter of the claim and/or refusal to defend VI LLAGE or
ASHLAND.
7. Without limiting V I LLAGE'S undertaking to protect, indemnify, hold
harmless and defend ASHLAND and other parties as provided in Paragraph 6
.... hereof, VI LLAGE agrees at its own cost and expense to procure and keep in
.... force and effect the insurance listed below with insurance carrieres)
acceptable to ASHLAND. Before commencing any work on the EASEMENT
AREA, VI LLAGE shall furnish ASHLAND with Certificates of Insurance
attested by a duly authorized representative of the insurance carrieres)
evidencing that the insurance required hereunder is in force and effect and
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that such insurance will not be cancelled or materially changed without
giving to ASHLAND at least th i rty (30) days prior written notice. If
VI LLAGE fails to secure the required insurance or to deliver the required
Certificates of Insurance to ASHLAND, then ASHLAND may (i) obtain, at its
option and without any obligation to do so, the insurance required by this
,-. paragraph, the premiums therefor to be reimbursed by VI LLAGE to
L ASH LAND, or (ii) terminate this Easement Agreement.
(a) Worker's Compensation and Employer's Liability
Insurance:
VI LLAGE and all contractors or subcontractors retained
by or through VILLAGE, and all their employees, workmen, agents
and servants, shall comply with all requirements of the worker's or
workmen's compensation laws of the State of Ohio. In addition,
VILLAGE shall carry Employer's Liability Insurance covering all
operations and work in connection with VI LLAGE'S use of the
EASEMENT AREA or presence on property belonging to ASHLAND,
in an amount not less than $1,000,000 per accident. All such
Employer's Liability Insurance shall expressly provide that all
.......
rights of subrogation against ASH LAND are waived.
.~ (b) General Liability Insurance:
Comprehensive General Liability Insurance, including
Contractural Liability Insurance, in an amount not less than
$1,000,000 for all liability arising out of injury to or death of one
or more persons, in anyone occurrence, and $1,000,000 for all
liability arising out of damage to or destruction of property,
including loss of use thereof and downtime, in anyone occurrence.
Such insurance shall specifically cover the liability assumed by
VI LLAGE under Paragraph 6 above and broad form property
damage coverage.
(c) Automobile Liability Insurance:
..... Automobile Liability I nsurance on all automobiles owned,
....... hired, or non -owned which may be used or connected with
activities performed in connection with the EASEMENT AREA, with
limits of not less than $1,000,000 for all liability arising out of
injury to or death of one or more persons, in anyone occurrence,
and $1,000,000 for all liability arising out of damage to or
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destruction of property in anyone occurrence. Such insurance
shall specifically provide that all rights of subrogation against
ASHLAND are waived.
The above insurance requirements are minimum requirements and shall
not limit VILLAGE'S liability to ASHLAND in any manner.
f"'" In addition, all of the above insurance, except the Worker's
....... Compensation and Employer's Liability Insurance, shall specifically name
ASHLAND as an additional insured party and shall be primary to any and all
insurance of ASHLAND with respect to any and all claims and demands which
Jllay be made against ASHLAND for bodily injury or death resulting
therefrom, including injury or death to the employees, workmen, agents and
servants of VILLAGE, and for property damage, including damage to
VI LLAGE'S property, whether or not caused by, or alleged to have been
caused by, any act, omission or default, negligent or otherwise, of
ASHLAND. Such insurance shall specifically provide that it applies
separately to each insured against which claim is made or suit is brought
and that all rights of subrogation against ASH LAN D are waived. The policy
providing for such insurance shall be endorsed to specifically include the
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liability assumed by V I LLAGE under this Easement Agreement.
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8. By its execution hereof, VI LLAGE acknowledges that it has
inspected the EASEMENT AREA and finds such area to be acceptable for its
intended use. ASHLAND ma kes no representations or warranties, either
expressed or implied, as to the condition of said properties or as to
ASHLAND'S title to such EASEMENT AREA or its fitness for VI LLAGE'S
intended use or purposes.
9. V I LLAGE agrees that its officers, employees, workmen, servants,
agents, and subcontractors will comply with all security regulations and
precautions applicable to ASH LAND'S property, including but not limited to
those regulations governing entry into or exit from said property.
10. The covenants contained herein shall be covenants running with
--- the land and shall be binding upon the parties hereto, their successors and
..... assigns.
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IN WITNESS WHEREOF, the parties have caused this instrument to be
executed by their duly authorized officers the day and year first above
written.
,
,- By:
'-" SEAL Its:
Attest:
Signed & Acknowledges in the
presence of: Its:
r~ :: ~ ASHLAND Oil FOUNDATION, INC.
~ 1>. ~..:..i.-
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SEAL ~ Its: p side~t ~
~ Ats~uJ f )~
Its: Secretary
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STATE OF KENTUCKY)
)SS
COUNTY OF GREENUP)
I hereby certify that on this day before me, an officer duly authorized
in the state aforesaid and in the county aforesaid to take acknowledgments,
personally appeared Judy B. Dailey and Donald R. Wheeler to me
known and known to be the persons described in and who executed the
foregoing instruments as President and
Secretary respectively, of the corporation named therein, and
severally acknowledged before me that they executed the same as such
",.., officers in the name and on behalf of said corporation.
-..r Witness my hand };;d official seal in the county and state last aforesaid
this J'fLLdayof ~ ' A.D., 1983.
~e~~
Notary Public
GRACE R. MATTINGLY
My commission expires My Commission expires August 16, 1984 .
STATE OF OHIO )
)SS
COUNTY OF FRANKLIN)
I hereby certify that on this day before me, an officer duly authorized
in the state aforesaid and in the county aforesaid to take acknowledgments,
personally appeared and
to me known and known to be the persons described in and who executed
the foregoing instruments as and
.-., respectively, of the corporation named therein,
and severally acknowledged before me that they executed the same as such
..... officers in the name and on behalf of said corporation.
Witness my hand and official seal in the county and state last aforesaid
this day of , A. D., 1983 .
Notary Public
My commission expires .
This instrument prepared by:
W~./~
W. Thornton Scott, Attorney
P.O. Box 391
~ Ashland, Kentucky 41114
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