Ordinance 56-12RECORD OF ORDINANCES
n Leg Blank. In c. Form No. 10043
Ordinance No.
56 -12
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTATION TO ACCEPT THE
DEDICATION OF A 0.022 ACRES, MORE OR LESS, PERMANENT
STORM SEWER AND DRAINAGE EASEMENT FROM WOOD RUN
PARTNERS, LLC, AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin ( "City ") is preparing to install additional storm sewer
on Glasin Court ('Project "); and
WHEREAS, said project requires that the City obtain certain property interests in
Franklin County parcel no. 274 - 001230, owned by Wood Run Partners ( the
"Owner "); and
WHEREAS, the Owner is willing to dedicate the property interests in Franklin County
parcel no. 274 - 001230 to the City as set forth in the legal descriptions attached
hereto, and the City is willing to accept said dedication.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
:7 of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute all documentation
necessary to accept the dedication of an approximate 0.022 acres, more or less,
storm sewer and drainage easement, from the Owner, as set forth in the legal
descriptions attached herewith.
S ection 2. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is the construction of this storm sewer provides needed drainage for the
rear yard of this property. Therefore, this ordinance shall go into immediate effect
upon passage.
Passed this 16:4 day o 2012.
Mayor - Pre di #g Officer
ATTEST:
Clerk of Council
Office of the City Manager
City of Dublin Pho 614 - -4400 • Fax: --410 4490 43017 - 1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager'n�-.—
Date: September 6, 2012
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Barbara Cox, Engineering Manager - Development
Memo
Re: Ordinance No. 56 -12 — Glasin Court Storm Sewer — Donation of Easement
Background
Pursuant to resolving a drainage issue, the City of Dublin ("City's is preparing to install additional
storm sewer on the south side of Glasin Court and between lots 666 and 667 in Ballantrae, Section
10 ("project'. In the locations where the sewer is not located within the existing right -of -way of
Glasin Court, the sewer will be located within areas owned by adjacent landowners. As a result,
the City must acquire certain property interests from those owners in order to construct this
project. After engaging in amicable negotiations, Wood Run Partners, LLC, owning property at
6707 Glasin Court (lot 667), has agreed to dedicate, as a donation, to the City the necessary
permanent Storm Sewer and Drainage Easements ("Permanent Easement'.
Summary
Wood Run Partners, LLC is dedicating to the City the following property interests located within
Franklin County parcel no. 274- 001230, as depicted on the attached descriptions and exhibits, as
follows:
• Parcel No. 274 - 001230: 0.022 acres Permanent Easement
Ordinance No. 56 -12 would allow the City Manager to execute all necessary conveyance
documentation to formally accept the dedication of the aforementioned property interests in the
form of permanent easements.
Recommendation
Staff recommends approval of Ordinance No. 56 -12 at the September 10 Council meeting,
dispensing with the public hearing and declaring an emergency, as obtaining the property interests
described herein is necessary for the furtherance of the construction of the storm sewer.
Furthermore, staff recommends a letter of appreciation be sent to the Wood Run Partners, LLC
expressing the City's gratitude for this donation of easement.
STORM SEWER AND DRAINAGE EASEMENT
This STORM SEWER AND DRAINAGE EASEMENT (the "Agreement ") is made and
entered into this -9— day of Clu 2012, by and between Wood Run Partners, LLC, an
Ohio limited liability company (" (Wanfor "), whose mailing address is 600 Stonehenge Parkway,
Second Floor, Dublin, Ohio 43017, and the City of Dublin, Ohio, an Ohio municipal corporation
( "Grantee "), whose address is 5200 Emerald Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel
No. 274 - 001230 located at 6707 Glasin Court, Dublin, Ohio 43016 (the "Grantor Property"); and
WHEREAS, Grantee desires an easement over those portions of the Grantor Property
legally described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement
Area ") for the purpose of constructing and maintaining storm sewer and drainage facilities thereon;
and
WHEREAS, Grantor desires to grant the storm sewer and drainage easement for the benefit
of Grantee, upon the terms and conditions hereinafter set forth.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Storm Sewer Easement Grantor grants to Grantee, its agents,
employees, independent contractors, and successors and assigns, a perpetual, non - exclusive
easement in, through, over and under the Easement Area for the following purposes: (i) to
construct lines, conduits, valves, regulators and all other appurtenances necessary, in Grantee's
sole discretion, for the operation of storm sewer and drainage facilities within the Easement Area
(collectively "Facilities "); (ii) to add to, operate, maintain, repair, replace or remove any
Facilities; and (iii) of ingress and egress over those portions of Grantor's Property reasonably
necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably
practicable after construction of the Facilities, including any alterations and repairs thereto, shall
cause the Easement Area to be restored to its former condition as nearly as is reasonably
practicable. Grantee shall not disturb any existing utilities on the Grantor Property, and in the
event Grantee renders any existing utilities non - functional, Grantee shall repair said utilities at its
sole cost and expense. Grantee may remove any and all vegetation growing within the Easement
Area as is reasonably necessary to facilitate Grantee's use of the Easement Area as permitted by
this Agreement. Grantor has the right to enter on the Easement Area for any purpose whatsoever
provided Grantor's entry does not in any way impair or hinder the rights granted to Grantee in
this Agreement.
2. Relationship of Parties Nothing contained herein shall be deemed or construed
by the parties, or by any third party as creating the relationship of principal and agent, of
partnership or of joint venture between the parties, it being understood and agreed that no
provision contained herein or any act of the parties shall be deemed to create any relationship
other than grantor and grantee of the rights and easements set forth in this Agreement.
4063307x1
3. Waiver Except to the extent that a party may have otherwise agreed in writing,
no waiver by such party of any breach of the other party of any of its obligations, agreements or
covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of
any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a
remedy for any breach by the other party be deemed a waiver of any rights or remedies with
respect to such breach or any similar breach in the future.
4. Severabilitv In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
5. Captions The captions and section numbers in this Agreement are for
convenience only and shall not be deemed to be a part of this Agreement.
6. Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Indemnification Grantee agrees to indemnify Grantor for liability that may result
from the granting of this easement to the extent permissible under Ohio law, including relevant
Ohio Attorney General's opinions.
8. Modification This Agreement may not be amended or terminated except by a
written instrument executed by the parties and recorded with the Recorder's Office, Franklin
County, Ohio with reference made to this Agreement.
9. Benefit This Agreement shall run with the land and inure to the benefit of and be
binding upon the parties and their respective heirs, executors, representatives, successors and
assigns.
(Signatures on the following page)
4063307v1
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth
above.
GRANTOR: GRANTEE:
Wood Run Partners, LLC
an Ohio limited liability company
is:
Print Name: f J)Y1 n/I i \ n eil -
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
City of Dublin, Ohio,
an Ohio municipal corporation
.:
Marsha Grigsby, City Manager
BE IT REMEMBERED, that on this A day of ersonally 2012, before me, the
subscriber, a Notary Public in and for said county and state, came Wood Run
Partners, LLC, an Ohio limited liability company, who acknowledged the signing thereof to be
his or her free act and deed for and on behalf of said limited liability company.
' have hereunto subscribed my name and affixed my
n IMMfesaid .
8TAYE OF Ot*O r
UMM OCUM V Notary public
um
MY C �6*
STATE OF OHIO
EV-0 Jlf-LN a
)ss.
BE IT REMEMBERED, that on this day of , 2012, before me, the
subscriber, a Notary Public in and for said county and state, personally came Marsha Grigsby,
the City Manager of the City of Dublin, Ohio, an Ohio municipal corporation, who
acknowledged the signing thereof to be her free act and deed for and on behalf of said municipal
corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary public
This Instrument Prepared By: Ice Miller LLP, 250 West Street, Columbus, Ohio 43215
4063307v1
MJMM STORM SEWER EASEMENT
Evans, Mechwart, Hambieton a Man, Inc. VIRGINIA MILITARY SURVEY NO. 3453
Engineers • Surveyors • Planners • Scientists
PO ": ns noon. Columbus, 7 �. CITY OF DUBLIN, COUNT Y OF FRANKLIN, STATE OF OffiO
emht.com
Dote: February 29, 2012 Job No.2012 -0218 Scole: 1" = 40'
d= 07'18'43"
R= 55.00' GLASIN COURT
Arc =7.02' —�
ChB= N80'51'39 "E /
ChD =7.01' \
POB \
A
lid
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/ 0 0 0 0 00 BALLANTRAE
r o SECTION 10
v� 0000 P.B. 108, P. 78
al� 667
666 N� ILIA
L" NT DEVELOPMENT LLC
'000 I.N. 200509220198451
Ln IN
DANIEL A, LARKIN AND 00 �n
CARRIE J. TURNER c4 o
I.N. 201011230158395 'n
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25, Building lin=
S8 2'28'39 "W BALLANTRAE
7.00' SECTION 4
P. B. 102, P. 51
399 400
P� E OF
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GRAPHIC SCALE (in feet)
B
Edward J. Miller Date
Professional Surveyor No 8250
STORM SEWER EASEMENT
0.022 ACRE
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military
Survey Number 3453, being across Lot 667 of that subdivision entitled `Ballantrae Section 10" of record
in Plat Book 108, Page 78 as conveyed to NT Development LLC by deed of record in Instrument Number
200509220198451 (all references refer to the records of the Recorder's Office, Franklin County, Ohio),
and being described as follows:
BEGINNING, at a northwesterly corner of said Lot 667, the northwesterly corner of Lot 666 as
conveyed to Daniel A. Larkin and Carrie J. Turner by deed of record in Instrument Number
201011230158395, being on the southerly right -of -way line of Glasin Court as designated and delineated
on said `Ballantrae Section 10 ";
thence with the southerly right -of -way line of said Glasin Court, with the arc of a curve to the left,
having a central angle of 07° 18' 43 ", a radius of 55.00 feet, an arc length of 7.02 feet, a chord bearing
and distance of North 80° 51' 39" East, 7.01 feet to a point;
thence South 05 °28'55" East, across said Lot 667, a distance of 138.08 feet to a point in the
northerly line of Lot 400 of that subdivision entitled `Ballantrae Section 4" of record in Plat Book 102,
Page 51;
thence South 82° 28' 39" West, with the southerly line of said Lot 667, a distance of 7.00 feet to a
point at southwesterly corner of said Lot 667, a southeasterly corner of Lot 666 of said `Ballantrae
Section 10" as conveyed to Daniel A. Larkin and Carrie J. Turner of record in Instrument Number
201011230158395;
thence North 05° 28' 55" West, with the line common to said Lots 666 and 667, a distance of
137.88 feet to the 0 �;PR" OF BEG containing 0.022 acre of land, more or less.
�E OF
ART, HAMBLTON & ILT N, INC.
_ * : EDWARD .% �T
-v : AVLLER
p� 8250 : , Edward J. Miller
F', -- %TE� Registered Surveyor No. 8250
OVAL S���
oil
EJM:tb/March 29, 2012
0_022 ac 20120218ESMT_STRM_0I