14-81 Resolution
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RECORD OF RESOLUTIONS 247
National Graphics Corp., Cols., O. ..... ~CS Form No. 6233-A
Resolution No.__._.ltj__n~_/. _.__m__ Passed._mn,umn _m_m_..uu _m_____.mm_19.m.m
0 A RESOLUTION TO APPROVE AND ACCEPT A SANITARY SEWER
EASEMENT.
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"
of VORELCO, INC. to the Village of Dublin, Ohio, for the purpose of
constructing a Sanitary Sewer and appurtenant works, is hereby approved
and accepted.
SECTION 2. That this Resolution shall take effect and be in force immedi-
ately upon its passage.
Passed this II,. 111 day of /J1aref, , 1981.
.
Ca/~' . 1oko~
' , rM1~1~
Mayor - Presiding Officer
[ ATTEST:
~ 577, ~A7M7ta/
[ Clerk of Co cil '
I
E. x hit; f.ft J/
.~ ..
<' DEE D o F E A S E MEN T
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KNOW ALL MEN BY THESE PRESENTS, That VORELCO, INC. , a New Jersey
Corporation, of the State of New Jersey, County of Bergen, City of
Englewood Cliffs, in consideration of the sum of One Dollar ($1.00)
and other good and valuable considerations to it paid by the Village
of Dublin, Ohio, a municipal corporation, the receipt of which is
,. hereby acknowledged, does hereby grant and release to said Village
'- of Dublin, Ohio, its successors and assigns forever, an easement
over and through the following described real estate:
Strip No. 1:.
Situate in the County of Franklin, State of Ohio, Village
of Dublin, and being located in Virginia Military Survey
No. 2542, and being a strip of land twenty (20) feet in
width across the Vorelco, Inc. 48.4289 acre tract, of
record in Deed Book 3508, Page 878, all references being
to records of the Recorder's Office, Franklin County, Ohio,
the centerline of said strip being described as follows:
Beginning at a point in the southerly right-of-way line
of Interstate 270 that is located South 710 23' 57" West,
135.51 feet from the northeasterly corner of the said
Vorelco, Inc. 48.4289 acre tract;
thence South 200 57' 51" East, 400.0 feet to a point;
thence South 210 48' 0011 West, 416.02 feet to a point;
thence South 100 52' 15" East, 182.22 feet to a point;
!r thence South 000 42' 51" East, 266.85 feet to a point;
~ thence South 100 09' 0911 East, 379.58 feet to a point;
thence South 420 00' 31" East, 264.36 feet to the point
of terminus if said easement in a southerly line of the
said Vorelco, Inc. 48.4289 acre tract, said point being
located South 890 50' 00" East, 582.15 feet from the
northwesterly corner of the Dublin Properties, Inc. 10.0
acre tract of record in Deed Book 3508, Page 208; and
containing 37,767 square feet or 0.867 acre, more or less.
Strip No. ~
Situate in the County of Franklin, State of Ohio, Village
of Dublin, and being located in Virginia Military Survey
No. 2542, and being a strip of land across the Vorelco,
Inc. 48.4289 acre tract, of record in Deed Book 3508,
Page 878, all references being to records of the Recorder's
Office, Franklin County, Ohio, said strip being described
as follows:
Beginning at a point in the southerly right-of-way line
of Interstate 270 that is located South 710 33' 0011 West,
r 96.96 feet from the northeasterly corner of the said
Vorelco, Inc. 48.4289 acre tract;
~ thence South 460 48' 59" West, 30.80 feet to a point in
the easterly line of the above described Strip No. I;
thence along the easterly line of the said Strip No. I,
North 200 57' 51" West, 12.76 feet to a point in the
southerly line of the said Interstate 270;
thence along the southerly line of the said Interstate
270, and being the arc of a curve to the right (radius =
7,323.36 feet, sub-delta = 00 13' 24"), a chord bearing
and distance of North 710 00' 02" East, 28.54 feet to the
place of beginning, and containing 377 square feet or
0.009 acre, more or less.f~~
t :
-'
DEED OF EASEMENT
VORELCO, INC.
This Easement is granted for the purpose of constructing, using and
maintaining a Sanitary Sewer and appurtenant works in any part of
said strip, including the right to clean, repair and care for the
,.. said Sanitary Sewer, together with the right of access to the said
strip for the said purpose.
"-
TOGETHER WITH the right to use only during the period of construction,
two ( 2 ) additional strips of land, said strips being described as
follows:
Strip l
Being a strip of land fifteen (15 ) feet in width, said
strip to lie adjacent, parallel to and easterly from the
easterly line of the above described Strips Nos. I and 2;
and containing 29,751 square feet or 0.683 acre, more or
less.
Strip ~
Being a strip of land of variable width located westerly
from the above described permanent easement (Strip No. I)
and bounded and described as follows:
Beginning at a point in the southerly line of the said
Vorelco, Inc. 48.4289 acre tract, said point being located
South 890 50' 00" East, 467.46 feet from the northwesterly
,- corner of the Dublin Properties, Inc. 10.0 acre tract, of
\. record in Deed Book 3508, Page 208;
thence North 420 00' 31" West, 26.99 feet to a point;
thence North 890 50' 00" West, 250.0 feet to a point;
thence North 00 10' 00" East, 120.0 feet to a point;
thence North 430 32' 26" West, 23.66 feet to a point;
thence along the arc of a curve to the left (radius = 400.0
feet, delta = 280 54' 47"), a chord bearing and distance of
North 320 00' 10" East, 199.72 feet to the point of
tangency of said curve;
thence North 170 32' 47" East, 90.36 feet .to a point;
thence North 80 16' 59" East, 94.87 feet to a point;
thence North 270 14' 20" West, 69.63 feet to a point;
thence North 60 56' 13" East, 80.51 feet to a point;
thence North 00 42' 51" West, 125.0 feet to a point;
thence North 100 52' 15" West, 228.0 feet to a point;
thence North 210 48' 00" East, 55.0 feet to a point;
r thence North 70 5l' 38" West, l15.18 feet to a point;
thence North 210 48' 00" East, 150.0 feet to a point;
~ thence South 680 12' 00" East, 25.0 feet to a point;
thence North 210 48' 00" East, 154.26 feet to a point;
thence North 200 57' 51" West, 126.61 feet to a point;
thence South 690 02' 09" West, 50.0 feet to a point;
thence North 200 57' 51" West, 225.0 feet to a point in
the southerly right-of-way line of Interstate Route 270;
thence along the southerly right-of-way line of the said
Interstate Route 270, and being the arc of a curve to
the right (radius = 7323.36, sub-delta = 00 35' 13"), a
chord bearing and distance of North 700 26' 20" East,
75.02 feet; \~
" )
. .
DEED OF EASEMENT
VORELCO, INC.
thence along the westerly side of the above described
twenty (20) foot permanent easement, the following courses
and distances:
,... South 200 57' 5111 East, 396.39 feet to a point;
i
'--' South 210 48' 00" West, 415.04 feet to a point;
South 100 52' 1511 East, 184.27 feet to a point;
South 00 42' 5111 East, 266.79 feet to a point;
South 100 09' 0911 East, 383.25 feet to a point;
and
South 420 00' 3111 East, 258.16 feet to a point
in the southerly line of the said Vorelco, Inc.
48.4289 acre tract;
thence along the southerly line of the said 48.4289 acre
tract, North 890 50' 0011 West, 101.20 feet to the place
of beginning, and containing 130,485 square feet or 2.996
acres, more or less.
TOGETHER WITH the right of ingress and egress from the northerly
terminus of the dedicated portion of Frantz Road to the westerly
side of the above described temporary easement (Strip No.2) over
the following described roadway:
,-
"- Extending from the dedicated portion of Frantz Road
to the southerly access drive which runs easterly and
northerly to the northerly side of the driveway entrance
to the truck bay along the east side of the Vorelco, Inc.
building.
TO HAVE AND TO HOLD said premises unto said Grantee, the Village of
Dublin, Ohio, its successors and assigns forever, for the uses and
purposes herei~tiefore mentioned~
BY THE ACCEPTANCE OF THIS EASEMENT, said Grantee, the Village of
Dublin, Ohio, covenants and agrees as follows:
(1 ) The Grantee shall complete any construction, main-
tenance, cleaning, repair or care as soon as possible,
weather permitting, after the commencement thereof and
in a good and workmanlike manner and, after the comple-
tion of any construction, maintenance, cleaning, or care,
shall promptly restore said premises to their prior con-
dition, including the continuous removal of dirt, snow
and water during construction.
r -
(2) The Grantee shall not permit anything to be done or
~ any condition to arise or continue which shall be a threat,
nuisance or inconvenience to persons or property in the
vicinity of the easement areas or on lands of the Grantor
or which shall interfere with access to lands of the Grantor.
The Grantee shall not obstruct access to the parking areas
and truck dock loading area of the Grantor's property, and
if deemed necessary by the Grantor, the Grantee shall
provide temporary access roads of proper width and bearing
capacities satisfactory to the Grantor for the use of the
Grantor and its tenants.~
".' .
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DEED OF EASEMENT
VORELCO, INC.
(3) Prior to commencing any construction within the
easement areas, the Grantee shall, at its own cost and
expense, take appropriate steps to protect all existing
underground and above ground utilities, sprinkler
~ systems, trees and other vegetation and to provide
adequate erosion control dams (hay bales).
""'"
(4) The Grantee shall provide temporary fencing, signage,
illuminated barriers and security where deemed necessary
by the Grantor. Contractors' work force shall not enter
any of the Grantor's buildings or any facility leased to
a third party without the expressed consent of the Grantor,
nor shall the Grantee or any of its agents or employees or
contractors park or store any cars, trucks or equipment in
any parking or truck dock area. Contractors' work force
and equipment shall be restricted to the staging area or
construction easement area.
(5) The Grantor shall incur no cost, expense or liability
whatever in connection with this agreement, and the
Grantee shall indemnify the Grantor and its parent, sub-
sidiaries, affiliates, officers, directors, employees, and
agents and hold them harmless from and against any claim,
demand, suit, action, proceeding, judgment, cost and
expense of every kind and nature (including, without
limitation, attorneys' fees) which may result directly or
indirectly from any breach by the Grantee or failure by
the Grantee to comply with any provision of this agreement
~ upon the Grantee's part to be kept, observed, performed or
complied with or which may result directly or indirectly
\- from the use of the easement areas or the carrying out
thereon of any construction, maintenance, cleaning, repair
or care by the Grantee or the Grantee's agents or employees.
(6) The Grantee shall provide Public Liability Insurance
(with Contractual Liability endorsement) and Automobile
Liability Insurance naming the Grantor as a named insured
with limits not less than:
Public Liability Insurance:
Personal Injury Liability, with limits of $1,000,000
each occurrence and $1,000,000 in the aggregate.
Property Damage Liability, with limits of $500,000
each occurrence and $1,000,000 in the aggregate.
Automobile Liability Insurance:
Bodily Injury with limits to $500,000 each person
and $1,OOO,OOO each occurrence.
Property Damage with limits to $500,000 each
r- occurrence.
\. Limits may be satisfied by providing excess liability in-
surance in form and content and with an insuror acceptable
to the Grantor. The Grantee will submit a certificate of
insurance evidencing the foregoing to the Grantor before
commencing any construction with the easement areas. Such
certificates shall provide that written notice shall be
given to Grantor thirty (30) days prior to cancellation or
modification of any such policy. The insuror for the
Grantee agrees to waive its Right of Subrogation against the
Grantor, its parent, subsidiaries, affiliates, officers,
directors, employees and agents for any claim which mig~t
arise by reason of any payment under these policies. ~~~
. \'" ~~
,.
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DEED OF EASEMENT
VORELCO, INC.
(7) The Grantee shall ,take particular precautions when
engaging in blasting or the use of dynamite or other
explosives and shall use great caution to insure that no
damage shall arise to the Grantor's property or the property
,... of its employees~ tenants or agents. Any damage occasioned
I' to the premises~or property of the Grantor or the property
~ of its employees, tenants or agents shall be promptly re-
stored to its prior condition. Every effort shall be
taken to prevent damage to pond areas that might arise from
blasting. All blasting shall be done at the sole risk of
the Grantee.
(8) This Deed of Easement may be modified only by an
agreement in writing signed by both parties hereto.
All the terms, covenants and agreements in this Deed of Easement
shall run with the land and shall inure to the benefit of and be
binding upon the successors and assi~s of the Grantee and the
Grantor.
IN WITNESS WHEREOF, the Grantor, VORELCO, INC., a New Jersey
Corporation, by ALFRED H. BEHRENS, its Vice President, who hereby
certifies that the said Corporation is a Corporation organized and
existing and in good standing under the laws of the State of New
r Jersey, and that this Deed of Easement is executed pursuant to
authoriti lawfully and regularly bestowed upon the said Vice Presi-
\.,
dent, by virtue of a resolution duly adopted by the board of said
Corporation, and the Grantee, the VILLAGE OF DUBLIN, OHIO, a Muni-
cipal Corporation, by SHERMAN SHELDON, its Village Administrator~
have hereunto set their hands and seals this day of '
, 1981.
Signed and acknowledged
in the presence of: VORELCO, INC.
;-, ~(\ ", (',"1 ~l ~ r-~ rf
J I ~ I" r '[' (' I Y ~
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:" .." ,,'. \, ...."(< l~..,.1 t ~ ( ,.A~#. -' - ,....../ J '
Alfred H. Behrens, Vice President
0
0 J
--
~ ss:
COUNTY OF BERGEN
'....., BE IT REMEMBERED, That on this 12th day of
January , 1981
before me, the subscriber, a Notary Public in and for the said County
and State, personally came the above named VORELCO, INC., a New
Jersey Corporation, the Grantor in the foregoing Deed of Easement, by
ALFRED H. BEHRENS, its Vice President, who acknowledged the signing of
the same to be his voluntary act and deed for and as the act and deed of
the said Corporation, for the uses and purposes herein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed
my official seal on the day and year last aforesaid.
~ . ( (I ::1.< :~/ __
My Commission EXpires. I ') j,? 7 If',:') ,?! (i: '; (. ~' it.,
, r 1.1~_ J -'.. n..1. '1! __
'. .
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"
DEED OF EASEMENT
VORELCO, INC.
All conditions and terms contained within this easement are hereby
accepted by the Village of Dublin, Ohio.
"""
~ .Sign~d and acknowledged
in the presence of: VILLAGE OF DUBLIN, OHIO
-t/Ii L:v41
(,.ittZ/'C ~ // .?;' ~ ~
Witness . y
.
STATE OF OHIO )
) ss:
COUNTY OF FRANKLIN)
i
BE IT REMEMBERED, THAT ON THIS IY day of ~1 ftRc it , 1986,
before me, the subscriber, a Notary Public in and for the said County
and State, personally came the above named VILLAGE OF DUBLIN, OHIO,
r a Municipal Corporation, the Grantee in the foregoing Deed of
'\w Easement, by SHERMAN SHELDON, its Village Administrator, who acknow-
ledged the signing of the same to be his voluntary act and deed for
and as the act and deed of the said VILLAGE OF DUBLIN, OHIO, for the
uses and purposes herein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed
my official seal on the day and year last aforesaid.
I
, /12~ ,:] jJ1~
\
Notary Public
My Commission Expires d~ 1'I-~3
..~.
r::.03ERT f. r~~;' Y81
';'~:.R'l PUBLIC, fRAtiKllli COUNTY, OHIO
iY C;);.lMiSSION EXPIRES J.. - I\,[- g.:>
...... ..-.................."
This Instrument Prepared By:
I""
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