128-87 Ordinance
- . :~ t- ; \., RECORD OF ORDINANCES
National Graphics Corp., COls., O. ~ Form No. 2806-A
Ordinance No. nm128-:81n Passed nnm19n
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN
AGREEMENT AND DEED OF EASEMENT,
AND AN ADDENDUM TO AGREEMENT
REGARDING THE LLEWELLYN FARMS
PARK
WHEREAS, it is the desire of Council and staff to have Crow-Ransom,
Ltd. , Partnership, provide for the care and maintenance of
architectural mounding landscape planting within a twenty (20) foot
wide easement of the entire west side of an 8.800 acre tract located
adjacent to the Llewellyn Farms Park; and
WHEREAS, C. F. Bird and R. J. Bull, Ltd. have agreed to provide additional
trees and landscape material.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 7 elected members concurring that:
Section 1. The City Manager is hereby authorized by Council for the
City of Dublin to enter into an agreement and deed of easement granting
a 20' wide easement to Crow-Ransom, Ltd. , Parntership from the City
of Dublin.
Section 2. The City Manager is further authorized to enter into an
addendum to said agreement whereby C. F. Bird and R. J. Bull, Ltd.
agrees to provide $5,000.00 worth of planted trees within the boundaries
of Llewellyn Park and within the boundaries of said 20' easement.
Section 3. This Ordinance shall take effect and be in force from and
after the earliest period allowed by law.
Passed this 21st day of December , 1987.
MaYo~~cer
Attest:
/)
{(r!2~<) ::2' ~(Ak~~
lerk of Cou ci1
, hereby certify thrt CD pies of this Ordinance/Resolution
were p(1~;:~j i1 t~::: (! ;','-;:,1 11 ;;::0; Jci":ce with
Section 7;;1.2:; s, ;'; G:<' ;:2;;~~j ':(:'}.
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II ' !/tttU?i-J '7:1' .', .~
II Clerk of Council
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AGREEMENT AND DEED OF EASEMENT
This Agreement and Deed of Easement made this day of
-
, 1987, between the VILLAGE OF DUBLIN, OHIO, an Ohio
municipal corporation, hereinafter referred to as "Grantor", and
CROW-RANSOM, LTD. PARTNERSHIP, hereinafter referred to as
"Grantee".
WHEREAS, the Grantor is the owner in fee simple of a certain
parcel containing 8.800 acres as described on Exhibit A attached
hereto and made a part hereof as though fully rewritten hereinJ
and
\VHEREAS, Grantee is the owner in fee simple of a certain par-
cel containing 13.075 acres as described on Exhibit B attached
hereto and made a part hereof as though fully rewritten hereinJ
and
\oJHEREAS, the parties hereto are desirous of having the
Grantee provide for the care and maintenance of architectural
mounding landscape plantings within a twenty (20) foot wd.de
easement of the entire west side of said 8.BOO acre tract; and
.
WHEREAS, in consideration of the mutual covenants and bene-
fits to be derived by both parties from the care and maintenance
of said mounding and plantings.
NOW, THREFORE, in consideration of the mutual covenants and
benefits set forth herein, and in further consideration of the
benefits derived by the Grantor from the Grantee's care and
maintenance of said mounding and plantings on the above-referenced
twenty (20) foot wide easement, the Grantor hereby grants unto
Grantee, its successors and assigns a perpetual easement over
and within the twenty foot strip of land more particularly
described in Exhibit C attached hereto and made a part hereof as
though fully rewritten herein for the purpose of constructing an
architectural mound and landscape p1antings within said twenty
. . "
foot strip in accordance with applicable zoning regulations and
permi ts and for the purpose of the care and maintenance of said
architectural mound and landscape plantings. See Exhibit "0".
Grantee agrees to maintain the said moundings and plantings
and to save Grantor harmles~ from any and all loss, cost, damage
and expense including but not limited to attorney's fees arising
out of any wrongful or negligent act of Grantee or its agents
and assigns in connection with the care and maintenance of said
moundings and plantings.
IN WITNESS WHEREOF, the Grantor has caused its name to be
hereunto subscribed by the Village Manager, being duly
authorized pursuant to Ordinance No. 128-87 duly passed by
the Dublin Village Council on December 21. 1987 , 1987, and
approved by the Grantee.
Signed and acknowledged
in the presence of:
/J U ~~~
~/t1l~~ ~, ad
Village Manager on b alf of the
~~t? ~?V Village of Dublin
.
CROW-RANSOM, LTD. PARTNERSHIP,
a Texas limited partnership
~/~(l~u~ //~ I ./)
By: i kl_<Z:/1 (P.~/Yh
, v
'7~~ Its: General Partner
,
/
STATE OF OHIO )
) SS:
COUNTY OF FRANKLIN )
The foregoing Agreement and Deed of Easement was acknowledged
'-])EcC., ; by 'T/./i/Ollf/ C/ )h"vsJ.Ei'
before me this 307/1 day of , 1987,
the Dublin Village Manager.
G"
1/)~ U /
_ ' 1 i il {0ttL/ Lebf
otary Public
D. MARIE ALLEY
NOTl\RY PU8l1C, STATE OF OHI00 I."
MY Cm;;:lSSION EXPIRES JL /'6 'J',-~/
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STATE OF OHIO )
) S8:
COUNTY OF iIAltIL'f'OH )
~fLA/'II(LJ 1J
The foregoing Agreement and Deed of Easement was acknowledged
before me this ;)~~ day of ~n~(j , 198r, by /f){o.JL 7'. J(~~
General Partner of. Crow-Ransom, Ltd. Partnership, a Texas limited
partnership, who acknowledged on behalf of said partnership the
signing of the foregoing instrument and that the signing of said
instrument was ~ free act and deed and the free act and deed
of said partnership.
If/dtIiL~ a. ~0<~.
Notary P blic
leA THLEEN FURNISS
Notary Public, State of Ohio
Mv CommiS$ion Expi.... 11+82
This instrument prepared by: Grantor
.
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EKhibit "A"
Situated in the State of Ohio, County of Franklin, Village of
Dublin, in Virginia Military Survey No. 2419, and being a portion
of an original 82.243 acre tract of land conveyed to Llewellyn
Farms, Ltd., by deed of record in Official Record 1264, Page G 18,
Recorder's Office, Franklin County, Ohio, and bounded and described
as follows:
Beginning at a point in the centerline of Tuttle Road (60 feet
wide) and in the south line of said original 82.243 acre tract, said
point being N 780 46 ' 13" E a distance of 852.33 feet from a railroad
spike previously set at the intersection of the centerline of Tuttle
Road with the centerline of Frantz Road (100 feet wide) , as shown
upon the plat of "Dedication of Tuttle Road, Frantz.Road and Ease-
ments", of record in Plat Book 61, Page 73, Recorder's Office,
Franklin County, Ohio, and said point also being N 780 46' 13" E
a distance of "212.16 feet from a point in the centerline of Tuttle
Road at the southwest corner of said original 82.243 acre tract;
thence N 110 13' 47" W perpendicular to the centerline of Tuttle
Road and perpendicular to the south line of said original 82.243
acre tract a distance of 759.65 feet to a point in a small creek
(passing a point in the north right-of-way line of Tuttle Road at
30.00 feet);"
thence down said small creek the following three ( 3) courses:
1. ) N 780 34' 16" E a di~tance of 194.25 feet to a point;
2. ) N 670 38' 26" E a distance of 131.48 feet to a point, and
.
3. ) N 380 09' 3D" E a distance of 65.00 feet to a point:
thence S 140 41' 55" E a distance of 125.16 feet to a point:
thense SIlo 13' 47" E a distance of 118.87 feet to a point:
thence S 320 56' 44" E a distance of 118.03 feet to a point;
thence S 480 13' 47" E a distance of 268.01 feet to a point;
thence S 290 43' 47" E a distance of 126.92 feet to a point:
thence SIlo 13' 47" E perpendicular to the centerline of Tuttle
Road and perpendicular to the south line of said original 82.243
Page 1 of 2
EKhibit "A" con't.
,
acre tract a "distance of 140.00 feet to a point in the centerline
of Tuttle Road and in the south line of said original 82.243 acre
tract (passing a point in the north right-of-way line of Tuttle
Road at 110.00 feet):
thence S 780 46' 13" W along the centerline of Tuttle Road and
along a portion of the south line of said original 82.243 acre tract
a distance of 625.40 feet to the place of beginning;
containing &.800 acres of land more or less and being subject
to all legal highways, easements and restrictions of record.
The above description was prepared by Richard J. Bull, Ohio
Surveyor No. 4723, of C. F. Bird & R. J. Bull, Ltd. , Consulting
Engineers & Surveyors, Worthington, Ohio, from actual field surveys
of the original 8?-.243 acre tract in August, 1979, and September,
198!. Bearings are based upon the prior deed reference (Official
Record 1264, Page G 18).
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Page 2 of 2
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Exhibit "B"
Situated in the State of Ohio, County of Franklin, Village of Dublin,
in Virginia Military Survey No. 2419, and being 9.266 acres out of
an original 43.624 acre tract of land conveyed to Llewellyn Farms,
Ltd., by deed of record in Official record 1264, Page H 02, Re-
corder's Office, Franklin County, Ohio, and being 3.809 acres out
of an original 82.243 acre tract of land conveyed to Llewellyn Farms,
Ltd. , by deed of record in Official Record 1264, Page G 18,
Recorder's Office, Franklin County, Ohio, and bounded and described
as follows:
Beginning at a railroad spike set in the centerline of Tuttle Road
(60 feet wide) and in the south line of said original 43.624 acre
tract, said railroad spike being N 780 46' 13" E a distance of 85.00
feet from a railroad spike set at the intersection of the centerline
of Tuttle Road with the centerline of Frantz Road (100 feet wide) ,
as shown upon the plat of "Dedication of Tuttle Road, Frantz Road
and Easements", of record in Plat Book 61, Page 73, Recorder's Office,
Franklin County, Ohio:
thence N 110 13' 47" W perpendicular to the centerline of Tuttle
Road and perpendicular to the south line of said original 43.624
acre tract a distance of 30.00 feet to a 3/4-inch I.D. iron pipe
set at the east end of a curve connecting the north right-of-way
line of Tuttle Road with the east line of Frantz Road:
thence northeasterly along said curve and with a curve to the right,
data of which is: radius = 35.00 feet and delta = 900 00' DO", a
chord distance of 49.50 feet bearing N 560 13' 47" W to a 3/4-inch
I.D. iron pipe set in the east line of Frantz Road at the north end
of said curve:
thence N 110 13' 47" W along the eagt line of Frantz Road a dis-
tance of 60.00 feet to a 3/4-inch I-D. iron pipe set at a point of
curvature:
thence northerly along a curved east line of Frantz Road and with
a curve to the right, data of which is: radius = 1,100.00 feet an
delta = 200 30' 00", a chord distance of 391.48 feet bearing
N 00 58' 47" W to a 3/4-inch I.D. iron pipe set at the point of tan-
gency:
Page 1 of 2
EKhibit "B" con't.
." .,
thence n 90 16 ' 13" E along the east line of Frantz Road a distance
of 263.74 feet to a 3/4-inch I.D. iron pipe set at the southwest
corner of Lot Number Six (6 ) in Frantz Road Corporate Center, as
shown of record in Plat Book 64, Pages 54 and 55, Recorder's Office,
Franklin County, Ohio, and in the center of a small creek:
thence N 780 34' 16" E along a portion of the south line of said
Lot No. 6 and down the center of said small creek a distance of 640.31
feet to a 3/4-inch I.D. iron pipe set (passing a point in the east
line of said original 43.624 acre tract and in the west line of said
original 82.243 acre tract at 415.34 feet):
thence SIlO 13' 47" E perpendicular to the centerline of Tuttle
Road and perpendicular to the south line of said original 82.243
acre tract a distance of 759.49 feet to ~ railroad spike set in the
centerline of Tuttle Road and in the south line of said original
82.243 acre tract (passing a 3/4-inch I.D. iron pipe set in the north
right-of-way line of Tuttle Road at 729.49 feet):
thence S 780 46' 13" W along the centerline of Tuttle Road and along
portions of the south lines of said original 82.243 acre tract and
said original 43.624 acre tract a distance of 767.33 feet to the
place of beginning (passing a point at the southwest corner of said
original 82.243 acre tract and at the southeast corner of said
original 43.624 acre tract at 212.16 feet):
containing 13.075 acres of land more or less and being subject to
all legal highways, easements and restrictions of record.
The above description was prepared by Richard J. Bull, Ohio Surveyor
No. 4723, of C.F. Bird & R.J. Bull, Ltd., Consulting Engineers &
Surveyors, Worthington, Ohio, from an actual field survey performed
in May, 1986. Basis of bearings are the deeds of said original
43.624 acre tract and said original 82.243 acre tract.
~i L , ~..M-LL
Richard J. Bull
Ohio Surveyor # 723 .....,........
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Page 2 of 2
...- ", Exhibit "c"
Situated in the State of Ohio, County of Franklin, Village of Dublin,
in Virginia Military Survey No. 2419, and being an easement twenty
(20) feet in width off the entire west side of an 8.800 acre tract
of land conveyed to Village of Dublin, Ohio, by deed of record in
Official Record 6196, Page D 10, Recorder's Office, Franklin County,
Ohio, said easement being for the care and maintenance of architectural
moundings and landscape plantings within said strip of land, said
easement being more particularly bounded and described as foll~ws:
Beginning at a' railroad spike set in the centerline of Tuttle Road
(60 feet wide) , at the southwest corner of said 8.800 acre tract and
at the southeast corner of a 13.075 acre tract of land conveyed to
Crow-Ransom Ltd. Partnership by deed of record in Official Record
7497, Page I 07, Recorder's Office, Franklin County, Ohio, said rail-
road spike being N 780 46' 13" E a distance of 852.33 feet from a
railroad spike found at the intersection of the centerline of
Tuttle Road with the centerline of Frantz Road (IOO feet wide);
thence N llo 13' 47" W along the west line of said 8.800 acre tract
and along the east line of said 13.075 acre tract a distance of
759.49 feet to a 3/4-inchI.D. iron pipe set in a small creek, at
the northwest corner of said 8.800 acre tract, at the northeast
corner of said 13.075 acre tract and in a south line of Frantz
Road Corporate Center, as shown of record in Plat Book 64, Pages 54
and 55, Recorder's Office, Franklin County, Ohio (passing a 3/4-
inch I.D. iron pipe set in the north right-of-way line of Tuttle
Road at 30.00 feet);
thence N 780 34' 16" E down the centerline of said small creek,
along a portion of a north line of said 8.800 acre tract and 'along
a portion of a south line of said Frantz Road Corporate Center a
distance of 20.00 feet to a point;
thence SIlo 13' 47" E parallel with and 20.00 feet easterly by
perpendicular measurement from the west line of said 8.800 acre tract
and from the east line of said 13.075 acre tract a distance of
759.56 feet to a point in the centerline of Tuttle Road and in the
south line of said 8.800 acre tract;
thence S 780 46' 13" W along the centerline of Tuttle Road and along
a portion of the south line of said 8.800 acre tract a distance of
20.00 feet to the place of beginning: .
containing 0.349 acre of land more or less.
The above description was prepared by Richard J. Bull, Ohio Sur-
veyor no. 4723, of C.F. Bird & R.J. Bull, Ltd. , Consulting Engineers
& Surveyors, Worthington, Ohio, from an actual field survey of
said 13.075 acre tract in May, 1986.
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Exhibit "D"
FRANTZ gOAD CORPORATE CENTER
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C'KOW - RANSOM , VI LLA&E. OF DUBLI N, OH 10
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a. . 20' WIDE. MAl NTE.NANCE:
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~ 852.33' To.l F~At-JTZ RD.--JJlJL _ 5 1804.(,,' 13" W -
Let TUTTLE.( RD. - i(Op'
2,~ SPIKE: : f
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MAINTeNANCE. E.ASE:f\1E:NT ' "
VILLAGE: PAJ2.K' LAND ON TUTTLE: J2 D.
DUBLIN, OHIO I..
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seA LE. : J U ~ E ~, I ~e 7
C. F. BI ~D ~ ~. J. BULL, LTD, ffd/....,,/2 r' fii...P.L Q 4 7 'Z.3
2875 W. DUBLIN - (i~ANVI LLE: gD,
WORTH I NGTON) OH 10
B5-2.18
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ADDENDUM TO AGREEMENT
This Addendum to the Agreement between the CITY OF DUBLIN,
Ohio an Ohio Municipal Corporation and CROW-RANSOM, LTD,
PARTNERSHIP, regarding a twenty (20) foot wide architectural mound
and landscape planting easement, is hereby incorporated therein as
if fully rewritten,
WHEREAS, C,F. Bird & R.J, Bull, Ltd, has agreed to provide
additional consideration on behalf of Crow-Ransom, Ltd,
Partnership, pursuant to the underlying agreement and deed of
easement; and
WHEREAS, the original parties are in agreement that
additional consideration for the granting of the subject easement
should be provided to the grantor, City of Dublin, Ohio,
NOW, THEREFORE, in consideration of the mutual covenants
and benefits set forth in the original Agreement and Deed of
Easement and this AddendUm thereto, which is attached thereto and
made a part thereof as though fully rewritten therein, C,F, Bird &
R,J, Bull, Ltd, , hereby agrees to provide the following to the
City of Dublin via private contract:
A, $5,000,00 worth of planted trees, inclusive of labor,
to be located within the boundaries of the Llewlyln Farms Park, to
be installed at the direction of the City of Dublin Parks and
Recreation Department and Planning and Zoning Commission at such
time as said park is landscaped.
B, The parties hereto further agree that all plantings
within the subject twenty (20) foot wide easement to be done
contemporaneously and in conjunction with the development of phase
two of the Crow-Ransom, Ltd, Partnership building on the 13,075
acre tract described on Exhibit liB II of the original Agreement and
Deed of Easement, The location of the plantings within said
easement shall be pursuant to the Plan previously approved by the
City of Dublin Planning and Zoning Commission and Parks and
Recreation Department,
IN WITNESS WHEREOF, the parties hereto being the City of
Dublin, Ohio, Crow-Ransom, Ltd, Partnership, and C,F, Bird << R.J,
Bull, Ltd. hereby execute this Addendum to the original Agreement
on this day of , 1987,
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. J ".
Signed and acknowledged
in the presence of:
/! //j . /1/21_'7
~~y~~) ~~~
~ . .. ~. City Manag-r on behal~
~ / the City of Dublin
(M , ~
Crow-Ransom, Ltd, Partnership,
a Texas limited partnership
~ . II I??t
/ ~~,C/ ~L4./~~~ By I[/LtJ-fl, '~V1'1
~~~ Its, General Partner
/
C.F. Bird & R,J, Bull, Ltd,
~C). cj- By, "~
STATE OF OHIO )
) SS:
COUNTY OF FRANKLIN )
The foregoing Addendum Agreement was acknowledged before
me this JOnl day of D6-CE>YlB,qR. , 1987, by Tim Hansley,
Dublin City Manager. .
t-' r-')
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" J~.' "J
, {L'Ut../
Notary Public '
D, MARIE ALLEY
N?T~R:i/~~~IC'l ~:TATE ~F OHIO {I J/?/K&
STATE OF OHIO ) Ml I.JOm "ISwiON ,-XPlR,.S ..:4, ...,"'~
) 55:
COUNTY OF HAMILTON )
The foregoing Addendum Agreement was acknowledged before
me this ;;;Jui day of f;/7d- . 19ij. by
1~J.2 f I~~~' general partner of Crow-Ransom, Ltd,
Partnership, a Texas limited partnership, who acknowledged on
behalf of said partnership the signing of the foregoing instrument
and that the signing of said instrument was
~ free act and deed and free act and deed
of said partnership.
~f.JL. t~L-bL/.d../~LJ
N tary Public
KATHLEEN FURNISS
_ 2 - Notary Public, State of Ohio
My CommiSSlor' EX~rl!l8 11-4-92
<II ' .. .
. .
.
STATE OF OHIO )
) SS:
COUNTY OF FRANKLIN )
The foregoing Addendum Agreement was acknowledged before
me this Srd day of fY/cu"c/" , 19S}, by
~c.I1t:(rd T Bvll , on behalf of C.F, Bird & R,J, Bull, Ltd.
,.___~. ..p. .. ._ AC. ~~-~. s._~ .d1
THIS INSTRUMENT PREPARED BY: J~" ':'"
r~:':,:' :~'/ Pi':.:~~G
1'~.":"~' "" ""'1
~~~i~~n C~ ~y s:~~~~n:~~orney at Law, f.\'{ r;n':r'~l"~;~':<'::H:; "~:<;;.i '~'l, 19~
.
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00 ~~ o/pjJ~
6665 Coffman Road
Dublin, Ohio 43017
December 30, 1987
C. F. Bird & R. J. Bull, Inc.
2875 W. Dublin-Granville Road
Worthington, Ohio 43085
Attached is a copy of Ordinance No. 128-87 as passed by the Dublin City
Council on December 21, 1987. Also attached is the Agreement and Deed of
Easement as well as the Addendum to the Agreement. Please have the agreements
signed and notarized and return to me for our files.
Thank you.
Sincerely,
J~'71;,~
Frances M. Urban
Clerk of Council
City of Dublin
6665 Coffman Road
Dublin, Ohio 43017
fmu
Attachments
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