56-79 Resolution
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RESOLUTION NO. ~.11 PASSED DEe 1 7' 1979 19
A RESOLUTION APPROVING AND ACCEPTING
AN EASEMENT FOR SANITARY SEWER LINE
NUNC PRO TUNC.
[ BE IT RESOLVED by the Council of the Village of Dublin, State
of Ohio, f, of the elected members concurring:
SECTION l. That the easement obtained from SOUTHWICK, SOLOVE
& COMPANY for a Sanitary Sewer Line 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 ])U6711 ~ l1\... , 1979.
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President Pro/Tempore
Mayor - Presid ng Officer
ATTEST:
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DEED OF EASEMENT -or ~.J__._
ROGER \~. TRACY, JR.
FRANKLlr:rCOUNTY AUDITO~
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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 consid-
erations paid by the Village of Dublin, Ohio, a municipal corporation,
the Grantee herein, receipt of which is hereby acknowledged, hereby
V 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 sEnitarJ
" sewer line, and appurtenances thereto.
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Situated in the state of Ohio, County of Franklin, ViJ.la<.:e
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 for reference at the northeast corner of said
property, Thence along the East property line S 40 9 ' 3711
W a distance of 190.41 feet to the TRUE POINT OF BEGINNING
of the herein described Easement; Thence along the north
line of said 20 foot easement S 700 12' 0811 W a distance of
224.51 feet to a point; Thence N 890 58' 31 ~W a distance
of 64l.03V-feet to a point; Thence S 000 01' 2911 W a distance
of 20.00 ~eet to a point; Thence along the south line of
, easement S 890 58' 3111 E a distance of 644.52 feet to a
point; Thence N 700 12' 0811 E a distance of 2l9.l2-feet
to a point in grantors east line; Thence N 40 9' 3711 E a"""-
distance of 2l.89JEeet to the point of beginning.
D Grantor claims title by instrument of record in Deed Book 3659,
Page 236, County Recorder's Office.
TO HAVE AND TO HOLD the real estate with all the rights, pri-
vileges, 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 sewer.
Grantee further promises and agrees to repair said sewer 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 con-
struction and maintenance of property improvements along and over the
premises herein described so long as the same are so construc~ed as not
to impair the strength or interfere with the use and maintenance of
0 said sewer.
Grantee hereby further agrees that it will indemnify and save
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
sewer.
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 sewer then it shall be lawful for the
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i- ; ~.. ., , ; ~ ~_ ~.~ : ~ ~ ? TRANSFER
e'L'.'" D"T j 2. /2 2J NOT NECESSARY
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, ~"'r.-D \'" 't F"'-~ s-r OCT251979
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\.: '.: .. .. :i~L ROGER W. TRACY, JR.
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... .. vOL3159 PAGE572
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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.
IN WITNESS WHEREOF, said Southwick, So love & Co. an Ohio
V General ~~rshiP' has hereunto subscribed its name this ~~
day of ~ , 1979.
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BY~S~4
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By _ ,.:L..' '-________-/--'--"-,..-,.....
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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
C Partnership, by Robert T. Southwick, by Richard J. Solove his
attorney in fact, Betty J. Southwick, by Richard J. Solove her at-
torney in fact, Richard J. Solove and John J. Chester, Partners,
who acknowledged the signing of the foregoing instrument;"and.t..hat'
the same is their voluntary act and deed ."\.-.; I' ::,':.".,-/:/
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IN TESTIMONY \'JHEREOF, I have hereunto subscribe..~~':l}l~\\'name~~'.ahd:
affixed my official seal on the day and year last af.:-ore~,aid. ,,".:,! '. c~
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Notary Pub1i~.,;"~,",
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LINDA L SM'i'fK':,' .'
WOTARY PUBUC. STATE OF OlftO'
This instrument prepared by: NY COMMISSION EXPIRES APRil 17, 1", :
John J. Chester, Lawyer
8 East Broad Street
Columbus, Ohio 43215 4z
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