55-79 Resolution
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RESOLUTION NO. fiS-1,\ PASSED DEG 1 7 1Bl9 19
rJ A RESOLUTION APPROVING AND ACCEPTING
AN EASEMENT FOR WATER LINE AND ROADWAY
c.., NUNC PRO TUNC.
BE IT RESOLVED by the Council of the Village of Dublin, State
of Ohio, ~ of the elected members concurring:
SECTION 1. That the easement obtained from SOUTHWICK, SOLOVE &
COMPANY for a Water Line and Roadway is hereby approved and
accepted nunc pro tunc.
SECTION 2. That this Resolution shall take effect and be in
force immediately upon its passage.
Passed this /7 day of P~(.cm,,~ , 1979.
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C ta/t,~~~ M4~
May~d(~cer
President Pro Tempore
A~~
Clerk-Treasurer
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~ VOL 3759 PAGE573 CONvE'r:Ar\C'E TAX --.
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. ROGER W, TRACY, JR.
FRANKLIN COUNTY P.l/DITOR
DEED OF EASEMENT ..........~~~.....
:)12'70
KNOW ALL MEN BY THESE PRESENTS, that SOUTHWICK, SOLOVE & CO., an
Ohio General Partnership, hereinafter called "Grantor" for and in
consideration of One Dollar ($1.00), and other valuable considerations
paid by the Village of Dublin, Ohio, a municipal corporation, the
Grantee herein, receipt of which is hereby acknowledged, hereby
D.. grants to Grantee, its successors and assigns forever, a perpetual
easement in, through, and under the following described real estate
for the purpose of operating, maintaining or replacing a water l~
and roadway and appurtenances thereto.
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Situated in the State of Ohio, County of Franklin, Village of
Dublin and located in Virginia Military Survey No. 2542, and
being part of a 12.496 Ac. tract of land deeded to Southwick,
Solove, and Company, as described in Deed Book 3659, Page 236 of
record in the Recorders Office, Franklin County, Ohio, and being
more fully described as follows:
Beginning at the northeast corner of Grantors property, Thence
along Grantors east line and the west line of an unnamed fifty
foot wide public right of way S 40 9' 37" W a distance of 550.73
feet to a point; Thence continuing S 40 9' 37" W a distance of
76.55 feet to a point in grantors south line; Thence N 840 41 '
48" W a distance of 20.00 feet to a point; Thence N 40 9' 37" E a
distance of 625.10 feet to a point in Grantors north line and the
south limited access right of way line of U S Rt. 33; Thence
along said line N 890 04' 04" E a distance of 20.08 feet to the
place of beginning. Containing 12528 SF of land more or less.
Grantor claims title by instrument of record in Deed Book 3659,
0 Page 236, County Recorder's Office.
TO HAVE AND TO HOLD the real estate with all the rights, privileges,
and appurtenances thereto belonging to the Grantee, its successors and
assigns forever.
And the Grantee hereby agrees that the Grantor, its successors
and assigns, agents, tenants, lessees and all other persons for the
advantage of the Grantor may tap and use said water line.
Grantee further promises and agrees to repair said water line
and roadway and to maintain the same in good condition. The Village
of Dublin, as soon as practicable after all alterations and repairs
thereto, shall cause all affected property of Grantor to be restored
to its original condition as nearly as is reasonably possible. This
covenant to run with the land.
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
water line.
Grantee hereby further agrees that it will indemnify and save
D harmless the City of Columbus from any loss, cost, or expense of any
kind whatsoever arising out of the use, repair and maintenance of the
water lines.
If said easement shall at any time be used for any purpose other
than as hereinbefore provided or if the Grantee shall fail to perform
and fulfill its promises on its part to be performed and fulfilled
hereunder or abandons said water line then it shall be lawful for the
Grantor, its successors and assigns to enter upon the easement hereby
granted and repossess and enjoy the same as if this Grant had not been
made and thereupon this grant shall be utterly void and of no effect.
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p.- ._~'!P TRP.NSFER
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FIL!NS O:,TE _J_2-_.l2.":.-2k._ NOT NECESSARY
, r'j:"l'or,~~;1 '" t ' .,:)..~ f'. OCT251979
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. ~ . ...- ROGER W, TRACY. JR.
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... '" vOL3759 PAGE574:
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IN WITNESS WHEREOF, said Southwick, Solove & Co. an Ohio rl..
General ~ have hereunto subscribed its name this .;2~-
day of , 1979.
In the presence of:
~~~X/~ SOUTHlYICK, SOLOVE & CO.
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By / ~ "-''',~, --- (/ ! ' c........ '-.. " '---,-_
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~riA By.
By
By
State of Ohio
County of Franklin, SS:
Before me, a notary public in and for said county, personally
appeared the above named Southwick, Solove & Co., an Ohio General
Partnership, by Robert T. Southwick, by Richard J. Solove his
attorney in fact; Betty J. Southwick, by Richard J. Solove her
attorney in fact; Richard J. Solove and John J. Chester, Partners,
who acknowledged the signing of the foregoing instrument and thai:;.
the same is their voluntary act and deed.. .\.
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IN. TESTIMONY ~H~REOF, I have hereunto subscribed my namE:r: (:.I\~ L-: .:~:;:-:'...;>:
and afflxed my offlclal seal on the day and year last afores~Hd~.~\l' .. .;.... ~ ..:
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This instrument prepared by: LINDA l. SMtiH ~.,'{~~~ti{;:-i:':.) ..,..;{r ~ ;
John J. Chester, Lawyer fiOTARY PUBUC, STATE OF OHIO
8 East Broad Street IEYCOWiISSlOli EXfIRESAfRI\.l1,19aG .~ . .-t
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Columbus, Ohio 43215 ~
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