15-84 Resolution
.. 4 RECORD OF RESOLUTIONS
National Graphics Corp,. Cols,. 0, ~ n~ri'~b Form No. 6233-A
Resolution No.____ 15-84 Passed um ___mum um___19_.______
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,...., A RESOLUTION ACCEPTING A DEED 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, 7 , of the elected members concurring:
Section 1. That the Deed of Easement hereto attached as Exhibit "A"
and, cqnditions 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
and for the further reason that the construction of the Avery Road
r Waterline is imminent and necessary and, therefore this Resolution
shall take effect and be in force immediately upon its passage.
~
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Passed this (p~ day of 4.vlt~ , 1984.
Mayor -
I hereby certify that copies of this Ordinance/Resolutio
Attest: were posted in the Village of Dublin in accordance wit
Section 731.25 of the Ohio Revised Code.
J~ ~, ~
Clerk of Cou cil
r
L... Sponsor: Village Manager
,
J~~~ &. J&I
~-d-~
STEPHEN J. SMITH August 2, 1984 5354 CEMETERY ROAD
r MICHAEL T. GUNNER P.O. BOX 7
MELINDA J. HILL HILLIARD. OHIO 43026
~j (614) 876-1220 - 876-1229
01' COUNSEL:
~ MITCHELL H BANCHEFSKY
Mr. Sherman Sheldon
Village Manager
6665 Coffman Road
Dub lin, Ohio 43017
Re: Deed of Easement for Avery Road Waterline
John W. Kessler, Trustee
Dear Sherm:
Please find enclosed a copy of the Deed of Easement
from John W. Kessler, Trustee, with regard to the above.
It may be that you could include this in the same reso-
lution as the Segner one.
,... At any rate, please let me know when Council has approve5l
<.. and we will have the same recorded. (
$~;;):;t~~ C
Stephen J. Smith
SJS:rb
enc.
,....
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E)(',J,r
EASEMENT
KNOW ALL MEN BY THESE PRESENTS that JOHN W. KESSLER, TRUSTEE,
Columbus, Ohio, hereinafter called Grantor, for and in
consideration of One Dollar ($1.00) and other valuable
,..., consideration paid by THE VILLAGE OF DUBLIN, OHIO, a municipal
corporation, Grantee herein, receipt of which is hereby
acknowledged, hereby grants to Grantee, its successors and
~ assigns forever, a perpetual easement in, through, over and under
the following described real estate for the purposes of
constructing, operating, maintaining or replacing a water line
and appurtenances thereto in any part of said easement, including
the right to clean, repair and care for said water line and
appurtenances thereto together with the right of access to said
easement for said purposes:
Being a strip of land ten nO) feet in width and fifty (50)
feet in length and more particulary described as follows:
Beginning at the centerline of Avery Road with the
intersection of the southerly property line of John
W.Kessler:
Thence south 78 degrees 34' 13- East a distance of 30.00 feet
: to the place of beginning:
Thence North 9 degrees 38' 26- East a distance of 50.00 feet
to a point:
Thence S 78 degrees 34' 13" West a distance of 10 feet to a
'r point:
I
'- Thence South 9 degrees 38' 26" East a distance of 50 feet to
a point:
Thence North 78 degrees 34' 13" West to the place of
beginning and containing 500 square feet of land more or
less.
The Village of Dublin, as soon as practicable after
construction of said utiity and all subsequent alterations and
repairs thereto, shall cause the property of Grantor located
within the easement herein described to be restored to its
original condition as nearly as is reasonably possible.
The rights granted shall not be construed to interfer with or
restrict the use of the premises with respect to the construction
and maitenance of property improvements along and over the
premises herein described so long as the same are constructed as
not to impair the strength or interfere with the use and
maintenance of said utility.
IN WITNESS WHEREOF, the said Grantor, JOHN W. KESSLER,
Trustee, has hereunto set his hand this d Q+c.... day of
;s-~ ' 1984.
,...
Signed and Acknowledged
'-' in the presence of:
~~'-. ~~ U). \lL1.P ~
n W. Kessler, Trustee
<<
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STATE OF OHIO
FRANKLIN COUNTY, SS:
BE IT REMEMBERED that on this ~~ day of ~.
1984, before me the subscriber, a Notary Public, in d or said
f""'" County, personally came the above named John W. Kessler, Trustee,
the Grantor in the foregoing easement and acknowledged the
signing of the same to be his voluntary act and deed for the
'-' purposes and uses therein-mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year last aforesaid.
~(j,%
Notary Public
This instrument prepared by: CAROL A. ROBEY
. NOTARY PUBLIC-STATE OF OHIO
Jeffrey L. Brown l!U ~MMISSIOJj W-'.8i$.LUlU ~1UJ
-....-.
Smith & Bale -
37 W. Broad st.
Columbus, Ohio 43215
(614) 221-4255
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