13-84 Resolution
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RECORD OF RESOLUTIONS
~ ati I Form No. 6233-A
National Graphics Corp" Cols" 0, ng~~fS:S
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Resolution No,u 13-84 Passed . _u___________ ___19________
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,...., A RESOLUTION ACCEPTING A DEED
I OF EASEMENT AND, THE CONDITIONS OF
\...; SAID DEED REQUIRED FOR THE
CONSTRUCTION OF THE AVERY ROAD
WATERLINE AND DECLARING AN
EMERGENCY.
WHEREAS, this Easement is required for the construction of the Avery
Road Waterline;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin,
State of Ohio, ~ of the elected memb~rs concurring:
Section 1. That the Deed of Easement hereto attached as Exhibit "A"
and, conditions of same, are hereby approved and accepted.
Section 2. That this Resolution is hereby declared an emergency measure
necessary for the preservation of the public peace, health and safety
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[ and for the further reason that the construction of the Avery Road Water-
line is imminent and necessary and, therefore this Resolution shall
take effect and be in force immediately upon its passage.
Passed this ~.d, day of ~~ , 1984.
.
Attest:
J~ If?; ~
C[erk of Councll J hereby ce~;fy that copies of this Ordinance/Resolution
;:c~o~O;j~d 2~n Oft~~ ~~ageR o~ Dublin in accordance with
C . e 10 eVlsed Code.
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Sponsor: Village Manager C rk of Council ~ ~
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DEED OF EASEl-lliNT ~:"J~~"'3lre'
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KNOW ALL HEN BY THESE PRESENTS, that
" EDWIN J. SEGNER and MARY L. SEGNER, ,Husband and Wife,
~ hereinafter called "Grantor", for and in consideration of
One Dollar ($1.00) and other good and valuable consideration,
paid by the Village of Dublin, Ohio, a municipal corporation, the
Grantee herein, receipt of which is hereby acknowledged, !1ereby grants
with general warranty covenants to Grantee, its successors and assigns
forever, a permanent easement in, through, over, and under the
following described real estate for the purpose of constructingr using
and maintaining a Water Line and appurtenant works, in any part of said
strip, including the'right to repair and care,for said Water Line, to-
gether with the right of access to said strip for the said purpose.
The total width of the described easement may fall only in part
on the Grantor's property. The intended easement is that portion
falling within the Grantor's property and all sidelines are extended
to intersect the property lines.
Said real estate is situated in the State of Ohio, County of
Franklin, and in the Township of Washington,
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conveyed to Edwin J. Segner and Mary L. Segner,
.by deed of record in Deed Book , pages
Recorder's Office, Franklin County, Ohio, and being more particularly
described as follows:
The beginning at the intersection of the centerline of
Avery Road and the northerly property line ofs'aid Edwin J.
and Mary L. Segner's land, thence south 78 34' 13" east a
distance of 30.00 feet to the place of beginning for this
description, thence continuing along the northerly property
line south 78 34' 13" west a distance of 10.00 feet to a point;
thence north 9 38' 26" east a distance of 50.00 feet to the
place of beginning and containing 500 square feet of land more
or less.
~ Condition:
The granting of this Easement shall be conditioned upon the Village approving a
~ waiver of Columbus and Dublin sewer tap fees at the Edwin J. and Mary L. Segner
residence located at 7340 Dublin-Bellpoint Road. .
Grantor, his heirs and assigns hereby release the Village of Dublin
from any further claims for compensation or claims for damages resulting
from this grant or the construction of said project, except that con-
tractors for the Village of Dublin shall not be released from liability
for damage caused by their negligence.
The Village of Dublin, as soon as practicable after construction of
said utility and all subsequent alterations and repairs thereto, shall
cause all affected property of Grantor to be restored to the proper
level.
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,
or ingress and egress to or over the easement area. This easement,
however, shall not be construed as giving to Grantee any right of ingress
and egress to or over the remainder of said premises owned by Grantor.
IN WITNESS WHEREOF, the said Grant~r(s),
Edwin J. Segner and Mary L. Segner,
who hereby re1ease(s~~~r right of dower ha ve hereunto set
their hand s this day of July , 19 84 .
Signed and acknowledged
in the presence of:.
J
STATE OF OHIO
FRANKLIN COUNTY, ss:
On this d...iIlt day of Jul X ' 19~, before me, a
Notary Public ~n and for the jurisdiction aforesai , personally came
the above-named
Edwin J. Segner and Mary L. Segner,
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Grantor(s) in the foregoing Deed of Easement and acknowledge the signing
of the same to be a voluntary act and deed for the uses and purposes
therein mentioned.
IN TESTIMONY WHEREOF, I have to subscribed my name and affixed
my official seal on the date last mentioned. .,-,
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Notary ublic
MICHAEL T. GUNNER, Attcrney-At-laVl
NOTARY PUBUC- STATE Of CHIO
This Instrument Prepared By: III lIIIIlllissioll bas no IXPi* dill.
SIctiaI141.03&.C.
SMITH & GUNNER, ATTORNEYS AT LAW
5354 Cemetery Road, P. O. Box 7
Hilliard, Ohio 43026
Telephone: . (614) 876-1220