049-86 Ordinance
. RECORD OF ORDINANCES ~ ~ 7
National Graphics Corp., Cols., O. Form No. 2806-A
Ordinance No.___ 49-86__________ Passed ________19_____
AN ORDINANCE VACATING AN EASEMENT
IN "SHANNON PARK, SECTION 2, PHASE
2" IN THE VILLAGE OF DUBLIN, OHIO.
WHEP.LAS, an Easement was reserved in "Shannon Park, Section 2
Phase 2" between lots number 132 and 133 for which there is no
need or purpose, and;
WHEREAS, there is a Storm Sewer between lots number 131 and 132
with no easement for same but, documents are being prepared
that would grant easements for same;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of
Dublin, State of Ohio, 7 of the elected members concurring:
SECTION 1. That the Easement in "Shannon Park, Section 2.
Phase 2" between lots number 132 and 133 for which there is no
need or purpose be, and hereby is, vacated.
SECTION 2. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
Passed this 7th day of ,July 198b
Mayor-Presiding Officer
ATTEST:
Cher o Cou cil
Sponsor: Village Engineer
Mere y cP?tify that copies c' 1~~~ i°° ^~~itioll
were pos_ ir. Yillae
the ~
M
Section ...~5 cf the Q'~.,,...:, . ode.
°v
Clerk ut Council
MEMORANDUM
T0: Sherman Sheldon, Village Manager
FROM: Bruce H. Warner, Village Engineer
SUBJECT: Vacating an Easement
DATE: June 10, 1986
Attached hereto is a letter from the engineers who prepared the original
plat, and are requesting the easement be vacated.
The easement was incorrectly drawn on the plat and I missed it in review
of the plat. The construction plans show an easement between lots 131 and
132 where the storm sewer was built. Therefore, the easement between lots
132 and 133 is not needed. There are no utilities within this easement.
Therefore I would recommend said easement be vacated.
~.L~
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RHW:fmu
- INC.
CONSULTING ENGINEERS & SURVEYORS
June 2, 1986
Mr. Bruce Warner
Village Engineer
Village of Dublin, Ohio
6665 Coffman Road
Dublin, Ohio 43017
Dear Bruce:
EMH$T hereby respectfully requests that the Village of
Dublin release any and all right and easement it has or may
have in a portion of the area over which. an easement was
reserved by and shown on the plat entitled "Shannon Park
Section 2, Phase 2" of record in Plat Book 61, Page 72,
Recorder's Office, Franklin County, Ohio. The easement area
sought to be released is all of that area designated "Easement"
on said plat of Shannon Park Section 2, Phase 2, lying both
sides of the line between Lots 132 and 133 of said Shannon Park
Section 2, Phase 2 and extending from the southerly lines of
said Lots to a line that is 10 feet southerly from, as measured
at right angles, the northerly lines of each of said Lots 132
and 133. Attached to this letter is a copy of a portion of the
plat of Shannon Park Section 2, Phase 2 on which we have shown
by hatching, the area over which the easement is to be released.
As far as we can determine, there are no utility lines in
this easement area. A two family building is constructed on
each of Lots 132 and 133 and both buildings encroach into this
easement area. One copy each of EMH$T's foundation location
survey maps for each of the buildings on Lots 132 and 133 are
also attached hereto.
There is a storm sewer constructed along the line between
Lots 131 and 132 of Shannon Park Section 2, Phase 2, and no
easement for that sewer is provided on the plat. Documents
that would grant the Village easements for this sewer are being
prepared and will be tendered to the Village when executed.
Continued....
EVANS, MECHWART, HAMBLETON ~ TILTON, INC.
170 MILL STREET, GAHANNA, OHIO 43230 614/471-5150
' Mr. Bruce Warner,
Village Engineer June 2, 1986
Village of Dublin
- Page 2 -
Should you have any questions or need further information,
kindly advise.
Very truly yours,
EVANS, ECHW RT HAMBLETON $ TILTON, INC.
~ ~j,~
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elix R~Boro tz, P.S.
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E~A~S MECHWART HAM63L=ETON & TILTON INC.
CONSULTING ENGINEERS -SURVEYORS ~
GAHANNA, OHIO
LOT 132
SHANNON~~ PA~;.K
SEC. 2, PHASE 2
VILLAGE OF OUBLIN, FRANKLIN CWNTY, OHq
SCALE 1" = 30' MARCH b 1986
~ DEED BOOK ,PAGE
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I hereby declare to The Huntington Mortgage Canpany, that the su=vey prepared py Ina,
and shown hereon, Was•actually made upon the ground and that it and the information,
courses and distances shown hereon are correct, that the title lines and lines of actual
possession are the same, that the size, location and type of buildings and improvemenC.s
are as shown and all are Within the boundary lines of the property and that there are no
easements, encroactments or uses affecting this property appearirq from a careful physical
inspection of the same other than those shown and depicted thereon. This survey is madam I
in accordance With the "Minimum Standard Detail Requirements for Lard Title Surveys,
jointly established and adopted by ALTA and ACSM in 1 62.
EVANS ME A T ET Tl ?ON, INC.
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R.~IN•r•1 iw••p•r Na !1486
.EVANS MECHWART HA'M~BLETON &
TILTON, INC.
CONSULTING ENGINEERS--SURVEYORS
GANANNA, OHIO
LOT 133
SHANNON~~ p,A~h~K . .
SEC. 2, PHASE 2
VIIIAGE Cf' ~UB!_IN~ FRANKLIN COUNTY OHIp
SCALE 1" = 30' APRIL 5, 1996
- DEED BOOK~,_,, pAGE
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I hereby ~ declare to The Huntington Mortgage 'Cc:npany, that the surrey prepared -
and shun hereon, was" actually made upon the ground and that it and the info=a~a~on~
courses and distances shown hereon are correct, that the title lines and lines of actual
possession are the same, that the size, location and type of builds sand ?
are as shown and all are within the boundary lines of the r ~ improvements
easements, encroachnents or uses affecting this propert a p operty and that there are np
y ppearing from a careful physical
inspection of the same. other than those shown and depicted thereon. This survey is made
in accordance with the "Minimun Standard Detail Requirements for Land Title Surveys"~
jointly established and adapted by ALTA and ACSM in 196.
. EVANS MECHW T L O b Til I i
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D E E D O F E A S E~M E N T
KNOW ALL MEN BY THESE PRESENTS, That DUBLIN LAND DEVELOPMENT
COMPANY, an Ohio limited partnership, (hereinafter "Grantor"),
for and in consideration of One Dollar ($1.00) and other
valuable considerations to it paid by the VILLAGE OF DUBLIN,
OHIO, an Ohio municipal corporation ("Grantee" herein), receipt
of which is hereby acknowledged, does hereby GRANT AND RELEASE
to the Village of Dublin, Ohio, its successors and assigns
forever, a perpetual non-exclusive easement in, through, over
and under the following described 0.040 acre of land for the
purpose of constructing, operating, maintaining, inspecting,
repairing, renewing, replacing and removing all public and
quasi public utilities above and beneath the surface of the
ground, including service connections to adjacent Lots and
stormwater drainage facilities, together with the right of
access to said easement area for said purpose:
Situated in the State of Ohio, County of Franklin,
Village of Dublin, containing 0.040 acre of land,
more or less, 0.018 acre of said 0.040 acre being in
Lot 131 and 0.022 acre of said 0.040 acre being i.n
Lot 132 as said Lots are numbered and delineated upon
the subdivision plat. entitled "Shannon Park Section 2
Phase 2" and shown of record in Plat Book 61, Page
72, Recorder's Office, Franklin County, Ohio, said
0.040 acre of land being more particularly bounded
and described as follows:
Beginning at the southeasterly corner of said Lot
131, the same being the southwesterly corner of said
Lot 132 and in a northerly right-of-way line of
Guinness Court;
thence South 87° 48' 07" West, with the southerly
line of said Lot 131 and with a northerly
right-of-way line of said Guinness Court, a distance
of 14.06 feet to a point;
thence North 5° 08' 49" East, a distance of 109.98
feet to a point in the easterly line of said Lot 131,
the same being in the westerly line of said Lot 132;
thence North 2° 11' S3" West, with the easterly line
,.F' of said Lot 131 and with the westerly line of said
Lot 132, a distance of 25.35 feet to the
northeasterly corner of said Lot 131, the same being
the northwesterly corner of said Lot 132;
thence North 74° 37' 38" East, with the northerly
line of said Lot 132, a distance of 16.28 feet to a
point ;
Continued....
DEED OF EASEMENT - PAGE TWO
DUBLIN LAND DEVELOPMENT COMPANY
thence South 5° 08' 49" West, a distance of 123.97
feet to a point in the westerly line of said Lot 132,
the same being in the easterly line of said Lot 131;
thence South 22 11' S3" East, with the westerly line
of said Lot 132 and with the easterly line of said
Lot 131, a distance of 15.19 feet to the point of
beginning and containing 0.040 acre of land, more or
less.
This Deed of Easement is executed, granted and delivered by
Grantor, for itself and its successors and assigns, and
accepted by Grantee, for itself and its successors and assigns,
upon the following conditions, to-wit:
1. That the Village of Dublin, Ohio, shall and hereby agrees
to be responsible and liable to said Grantor for any damage to
buildings or structures and all other property of Grantor on
premises awned by Grantor, its successors and assigns, caused
by the construction, inspection, repair, maintenance, renewal,
replacement and removal of the facilities herein provided for
and hereby agrees to indemnify and save harmless the Grantor
from all claims for damage to property or injury to any person
or persons resulting either directly or indirectly from the
construction, inspection, repair, maintenance, renewal,
replacement and removal and/or of the failure of the Grantee to
maintain the facilities herein provided for in good, safe and
proper condition and repair, as far as same is allowed by law.
2. That Grantee, insofar as practical after the construction,
inspection, repair, maintenance, renewal, replacement and
removal of the facilities herein provided for, shall cause to
be restored all of the Grantor's premises affected or disturbed
by said operations and shall reasonably compensate Grantor for
any property damaged or destroyed as the result of or in
consequence of said operations and which cannot be restored to
original condition.
Continued....
DEED OF EASEMENT - PAGE THREE
DUBLIN LAND DEVELOPMENT COMPANY
3. That no special assessment to pay the direct cost of
constructing the facilities herein provided for shall be made
against Grantor and no cost of any kind shall accrue to the
Grantor other than normal charges imposed by law.
4. That 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 constructed so as not to impair the strength of or
interfere with the use and maintenance of the facilities
provided for herein.
TO HAVE AND TO HOLD said premises unto said Grantee, Village of
Dublin, Ohio, its successors and assigns forever, for the uses
and purposes hereinabove described.
IN WITNESS WHEREOF, DONALD W. KELLEY, General Partner in said
DUBLIN LAND DEVELOPMENT COMPANY, has hereunto set his hand
this o201~ day of U N~ 1986.
Signed and acknowledged DUBLIN LAND DEVELOPMENT COMPANY
in the presence of:
~ ~ w ~ BY
Donald W. Kelley,
General Partner
STATE OF OHIO ) ss:
COUNTY OF FRANKLIN
' BE IT REMEMBERED, That on this aUt~ day of --~clN~ 1986
before me, the subscriber, a Notary Public in and for said
State, personally came the above named DONALD W. KELLY, General
Continued....
DEED OF EASEMENT - PAGE FOUR
DUBLIN LAND DEVELOPMENT COMPANY
Partner in said DUBLIN LAND DEVELOPMENT COMPANY, who
acknowledged the signing of this instrument to be his voluntary
act and deed and the voluntary act and deed of said DUBLIN LAND
DEVELOPMENT COMPANY for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year last aforesaid.
t,~.
4-
. ~
l~l
Notary Public SAL
Notary Public, State of hlo
• My commission expires 2.5.39
~ My Commission Expires
. , •
This Instrument Prepared By:
Grantor