18-81 Resolution
. 1
, RECORD OF RESOLUTIONS 257
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\ National Graphics Corp.. Cols.. O. ~ ~I Form No. 6233-A
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Resolution NO.n_I<l_=__fL___ _u__m Passedunnn-- mumnnnmn __mmnmm--19-------- II
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RESOLUTION TO AUTHORIZE THE VILLAGE MANAGER
TO EXECUTE A QUIT-CLAIM DEED ON A 1.5 FOOT
. f"*- TRIANGULAR PIECE OF LAND, AND DECLARING AN
\. EMERGENCY.
WHEREAS, a request has been received to release said 1.5 feet and;
WHEREAS, Council is of the opinion that said release should be
granted;
NOW THEREFORE, BE IT RESOLVED by the Council of the Village of
Dublin, State of Ohio, 7 of the members elected thereto
concurring:
SECTION 1. That the Village Manager is hereby authorized and
directed to sign said Quit-Claim Deed Release Form.
SECTI ON 2. That the Resolution shall take effect and be in force
immediately upon its passage.
Passed this of 0# day of llf1r ,/ , 1981
0 (~(;;1k,<~~ ~:L-/l~ '
Mayor-presiding officer
ATTEST: ~
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Sponsored by: a property owner
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. Law Offices of
James W. McGuire
Eric B. Fenstermaker
James D. MacAulay
Attorneys at Law
1525 Bethel Rd. April 15, 1981 (614)457-8299
Columbus, Ohio 43220
0 Mr. Sherman Sheldon
City Manager
Village of Dublin
Dublin, Ohio 43017
Re: Release of 1.5 foot triangle
of easement encroachment
Dear Sherm:
As per our previous conversations and your discussions with Ted
Lenker, I have attached the Quit-Claim Deed prepared for your execution
on behalf of the Village, which releases from the 15 foot sewer easement
that 1.5 foot triangular piece of land which encroaches on said 15 foot
easement.
As per the request of Mike Gunner, I will have available to the City
next Monday night, (or before) a release of liability from the new owners
running to the Village and a save harmless agreement running to the Village
in the event the Village should damage that portion of the residence
located over the 1.5 foot triangle which encroaches on the sewer easement.
The cooperation of the Council, Mike Gunner and yourself is sincerely
appreciated.
[J truly yours,
l'vt vvvJ .)1) ~
s W. McGuire
JWM/ ss
cc: Ted Lenker, Muirfield Realty
Johnston Means, Attorney
Mike Gunner
IJII".
...
RELEASE AND INDEMNITY
Background Statement
Dr. William E. Evans and Roberta K. Evans entered into
a contract with David W. McCabe for the purchase of his house
"....
and lot at 8576 Crail Court, Dublin, Ohio, which is legally
.... described as follows:
Situated in the State of Ohio, County of
Delaware, and Village of Dublin:
Being Lot No. One Hundred Eighty-nine (189)
in Muirfield Village Phase One, as the same
is numbered and delineated upon the recorded
plat thereof, of record in Plat Book 12,
pages 1 through 5, Recorder1s Office, Delaware
County, Ohio.
Said house and lot are hereinafter re~erred to as the
"Premises".
In the course of investigating the title, a survey dis-
closed that the corner of the house encroached, plus or minus,
1 5/10th feet into a 15 foot easement which is being used as
r a sanitary sewer. The Village of Dublin is willing to quit-
....... claim its interests in the area of the easement which is
encroached by the house to the property owner, David W.
McCabe, provided the Village of Dublin is held harmless
from any future damages to the structure of the house arising
out of the use or repair of the easement.
NOW, THEREFORE, in consideration of the execution and
delivery of a quit-claim deed from the Village of Dublin
,.....
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conveying its interest in the area encroached by the corner
of the house in said easement to David W. McCabe, the legal
description of which encroachment is attached hereto, the
undersigned, William E. Evans and Roberta K. Evans, during
.""" the period of time they own the Premises, hereby indemnify
....,. and release the Village of Dublin from any claims or causes
of action from any future structural damage to the house on
the Premises which might arise from the use or repair of the
sanitary sewer within that easement.
IN WITNESS WHEREOF, William E. Evans and Roberta K. Evans
have signed .their names below this /~;'l/'--day of April, 1981.
Signed and acknowledged ,\ ~ (, ~~
in the presence of: "-~ ..l~ 4JU
William E. Evans
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,I Ho erta K. Evans
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I STATE OF OHIO .
........ COUNTY OF FRANKLIN,
ss:
BE IT REMEMBERED that on this /)'f;~ day of April,. 1981
before me, the subscriber, a Notary Public in and for said
County, personally appeared the above named William E. Evans
and his wife, Roberta K. Evans, and acknowledged the signing
of the foregoing instrument to be their voluntary act and
deed for the uses and purposes therein mentioned.
In Testimony Whereof, I have hereunto subscribed my name
and affixed my official seal on the day and year last aforesaid.
r. .fIOllY A. WHIITAKEfI X;/ ' t/' 4~:/~.~['t
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. IIOTARY 1't1811e. SlATE OF OfiiJ NotarYj'/Public
.~MMISSIOH EXPIRES OCT. 20. 19:~~
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l,~jd 1 14, J 981
(ProposE:-D reJ ease of part of a 15 foot EaS6rent)
P,r'?ing situated in tl1e State of Ohio, County of D212v:are, City of !Jublin,
and rJ2ing a part of .IDt 189 of T--mirfield Village Phase 1 shcr.vn of record in
Plat B:x:>k 12, Page 1, Recorder's Office, l..elmvare County, Ohio and b2ing rrore
particula;dy describ::rl as fol10-\-;,s:
.,.... Curm:::>ncing at t..l1e no:rthw-2sterly corner of said Lot 189;
....." Thence, South 50 degrees 56 minutes 37 seconds ~\'est, along t..'he westerly
Ih12 of said Lot 189 f a dis~1.nce of 34.84 feet to a point;
Thence, South 39 degrees 03 minutes 23 seconds East, across said Lot 189,
a distance of 53.29 feet to a point on the southerly line of a 15 foot wide
easement, and THE TRUE pomr OF BEGTh1NING OF THIS DESCRIPTION;
Thence, North 75 degrees 13 minutes East, across said Lot 189, a distance
of 2.69 feet to a point;
Thence, South 14 degrees 47 minutes East, across Said lDt 189, a distance
of 3.00 feet to a point on the southerly line of said 15 foot wide easerrent;
Thence, North 56 degrees 40 minutes 49 seconds West, across said lDt 189,
and along the southerly line of said 15 foot wide easement, a distance of 4.03
feet to the place of beginning.
~d ~./~
Albert H. Andrews
r-- Registered" Surveyor #5699
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. , MYERS SURVEYING CO.
2740 East Main Street, Columbus 43209 (Bexley), Ohio i
.OT 189 MUIRFIELD VILLAGE PHASE 1 DUBLIN 1\ OHIO
FOR
LAWYERS TITLE INS. CORP
AND/OR
BANK ONE OF COLUMBUS, NA,
P.B. 12 Pa?e I .
- (p. B.49,P!J.84, rrool<'''n Co. Rec.Offlce' DELA WARE CO. Rec. 9ffice
~ca1e 1"= 4 0 4' 7 .' 8/
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Easements recorded ,n
P. B. 12 , Pgs. 3,4 .(Delowore Co.) ,09
P. B. 4 9. Pg .8' (Fronk';n Co. J ,...
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NOT TO BE USED TO ERECT FENCES "'tl",,"'-
We hereby certify that the foregoing plat was prepared from an
octual wrvey of the premises. No side line of principal building /
is leu. thun dimension shown. Iron pins not set unless indicated
thus -0-. For Mortgage Loan (. Title Insurance purposes c..ly.
EVANS
LLS co. 2M 'lOOOH ..
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS That the Village of
Dublin, Ohio, an Ohio Municipal Corporation with its principal
office located in Dublin, Franklin County, Ohio, Grantor, in
consideration of the sum of One Dollar ($1.00) and other valu-
able consideration to it paid by David W. McCabe of 8576 Crail
~ Court, Dublin, Ohio, Grantee, the receipt whereof is hereby
acknowledged, does hereby REMISE, RELEASE AND FOREVER QUIT-
__ CLAIM to the said Grantee, David W. McCabe, his heirs and
assigns forever, the following REAL ESTATE situated in the
County of Delaware, in the State of Ohio, and in the Village
of Dublin, and bounded and described as follows:
Being those premises described in the attached
Exhibit "A" which Exhibit is hereby incorporated
herein by reference.
Last Transfer: Deed Record Volume , page
TO HAVE AND TO HOLD said premises, with the privileges
and appurtenances thereunto belonging, to the said Grantee,
David W. McCabe, his heirs and assigns forever.
IN WITNESS WHEREOF, the said Grantor, the Village
of Dublin, Ohio, by its City Manager, acting pursuant to an
ordinance enacted and resolution passed by Village Council on
April 20, 1981, hereunto sets its subscription this 20th day
of April in the year of our Lord one thousand nine hundred
eighty-one (1981).
~ Signed and acknowledged ·
in presence of: VILLAGE OF DUBLIN
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\~\ . I ^ . i i r JJ By:. .~~ '.J,- /'/r"-
-~ ~~ S erm n S~on, Hy Manager
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STATE OF OHIO )
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~ c:i 2 COUNTY OF FRANKLIN)
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u,. :E ~ 2 BE IT REMEMBERED That on this 20th day of April, A.D.,
o Et N 25 1981, before me, the subscriber, a Notary Public in and for
~ fS ~ ~ said county, personally came the above named Village of Dublin
S ~ ~ ~ by Sherman Sheldon, its City Manager, the Grantor in the fore-
~ ~ ~ ~ going Deed, and acknowledged the signing of the same to be his
:>. .<.0 a.. 0 volunt-ary act and deed and the act and deed of the Village of
Dublin, for the uses and purposes therein mentioned.
t IN TESTIMONY WHEREOF, I have hereunto subscribed my
~ ~ to name and affixed my official seal on the day and year last
~~ aforesaid.
.........A ~
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fNA EnE P. TRISSEL
, NOTARV PUBLIC, STATE OF ()'."" /
This instrument prepared by: InCOMMISSIONE)(PIRESJULY\'SI,-q'(~
James W. McGuire (MCG-05)
Attorney at Law
1525 Bethel Road
Columbus, Ohio 43220
Phone: 614-457-8299
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MYERS SURVEYING CO.
~. .~- --- 2740 ~:st Main S!~'ee~ CoI~!2~bus 43209 (Bexley), Ohio -..---
aT 189 MUIRFIELD VILLAGE PHASE I DUBLIN, OHIO
FOR
LAWYERS TITLE INS. CORP
AND/OR
BANK ONE OF COLUMBUS, NA.
.
P.B. I 2 Pare I - (p B.4 9, P!1- 84, Fronkl,'n Co. Rec. OffIce) DELA WARE CO. Rec. Office
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NOT TO BE USED TO ERECT FENCES --'f, f f f.., .....","
We hmby c<rl;/y ,ha, ,he lo"going plat ~as p"pMeJ I,"m an Mr23d SURVEYING Co
,_, ti1ill \flIT!''} of the premises. No side line of principal building ,
" I"~, ,"'" ,/i->"mion ,ho<cn. /'on r"u na' ,d "n/", indicated B Q,:l;f..~t1-"'-'/J "._"
",,, ,0, r", .'1 ""guge Loan & Title I n",,"nce I~'po", only, Re~ tn. SU'" C Y r
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April 14, ] 981
(Proposed release of part of a 15 foot Easerrent)
Being situated in the State of Ohio, County of I:elaware, City of Dublin,
and being a part of Lot 189 of Muirfield Village Phase 1 shown of record in
Plat Book 12, Page l, Recorder's Office, Delaware County, Ohio and being nore
particularly described as follows:
ComTencing at the northwesterly corner of said Lot 189;
....
Thence, South 50 degrees 56 minutes 37 seconds West, along the westerly
..... line of said Lot 189, a distance of 34.84 feet to a point;
Thence, South 39 degrees 03 minutes 23 seconds East, across said Lot 189,
a distance of 53.29 feet to a point on the southerly line of a 15 foot wide
easement, and THE TRUE POINl' OF BEGINNING OF THIS DESCRIPI'ION;
Thence, North 75 degrees 13 minutes East, across said Lot 189, a distance
of 2.69 feet to a point;
Thence, South 14 degrees 47 minutes East, across said Lot 189, a distance
of 3.00 feet to a point on the southerly line of said 15 foot wide easerrent;
Thence, North 56 degrees 40 minutes 49 seconds West, across said Lot 189,
and along the southerly line of said 15 foot wide easerrent, a distance of 4.03
feet to the place of beginning.
~Ji~
Albert H. Andrews
Registered Surveyor #5699
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