57-79 Resolution
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RESOLUTION NO. 67- 71 PASSED DEe 1 7' 1979 19
C A RESOLUTION APPROVING AND ACCEPTING .
AN EASEMENT FOR A WATER LINE 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 is hereby approved and
accepted nunc pro tunc.
I SECTION 2. That this Resolution shall take effect and be
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I Passed this /7 day of )~())1~ , 1979.
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I Pres i ent Pro Tempore .
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I - ... l.ng ~cer
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I Clerk-Treasurer
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. 575
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... - ' VOL 3759 r~GE CONVEYANCE TAX
/JEXEMPT. jJ
~ DEED OF EASEMENT --- ,y <.' ,;
. ; ROGER W. TRACY JR : )1~'71.
. ~ANI<LIN COUNTY AUDITOR
KNOW ALL MEN BY THESE PRESENTS, that SOUTHWICK, SOLOVE & O. , 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
grants to Grantee, its successors and assigns forever, a perpetual
B easement in, through, and under the following described real estate
for the purpose of operating, maintaining or replacing ~ wate_~ltne
and appurtenances thereto.
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 l&nd 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:
Parcel 1
Beginning at a point in the center line of Frantz Road, said
point being located S 050 01' 29"ifW a distance of 91.75-feet from
the northwest corner of said 12.496 Acre parcel; Thence along
--j-- the north line of the 20 "1'oot e asemen t S 890 58 ,. 31 n E'"11 di stance
of 1028.66 feet to a point in Grantors easterly property line;
Thence S 40 9' 37"----W a distance of 20.0S""feet to a point; Thence
uJ N 890 58' 3l""""W a distance of 1028.96vfeet to a point; Thence N
~ Q 50 01' 29" E.....a distance of 20.0gVfeet to the place of Beginning.
I~ 6 Containing 20576 square feet of land, more or less.
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L) Ci z Parcel 2
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~~~~! eginning at a point in Grantors southerly property line, said
~~ ;.:! oint being located S 890 58' 31" E a distance of 20.08 feet from
-13= he southwest corner of said 12.496 Acre parcel; Thence along a
0 ine 20 feet east of and parallel to the center line of Frantz
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Cl oad N 50 01' 29" E a distance of 244.18 feet to a point; in the
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Cl outh line of the above described Parcell; Thence S 890 58' 31"
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0 a distance of 20.08 feet to a point; Thence S 50 01' 29" W a
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e;:: istance of 244.18 feet to a point; Thence N 890 58' 31" W
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a distance of 20.08 feet to the point of beginning. Containing
4884 square feet of land, more or less.
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, 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 to maintain the same in good condition. The Village of
I~ 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
harmless the City of Columbus from any loss, cost, or expense of any
. . c. ~ > VOL 3759 PAGE576
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~ 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
V..,....'.... made and thereupon this grant shall be utterly void and of no effect.
. IN WITNESS WHEREOF, said Southwick, Solove & Co. an Ohio
General/Yartn~rshi~ has hereunto subscribed its name this ~~~)f~
day of(f/erH~ ,1979.
In the presence of:
~C;dLY~d
~Ad2( ::
State of Ohio
County of Franklin, SS:
O 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 l)er ;/"
attorney in fact; Richard J. Solove and John J. Chester, R,artne.rs~,:. ...
who ackno,:,ledge~ the signing of the foregoing instrumen~."'iz~?<:t:pa~~': ".'
the same 1S the1r voluntary act and deed. / C:;.:", ,;.: <~:. "
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IN TESTIMONY WHEREOF, I have hereunto subscribed ~Y:ir;ta)n~::'aIl4:::' ',,~:;.
affixed my official seal on the day and year last af9r~p.?~',.>'. '~Y':'. :;,:.'.'
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h. . . LINDA L SMlnt
T 1S 1nstrument prepared by. ffOTAR'(PUBUc,STATEOfOHlO
John J. Che s ter, Lawye r MY cor:.r,~:SSION EXPIRES APRil 17, 19S5
8 East Broad Street
columbus, Ohio 43215 A ~
~~~ TRANSFER
~ NOT NECESSARY
OCT2 5 1979
ROGER W. TRACY, JR.
I\UD1TOR
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Order
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