Ordinance 036-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Fonn No. 3004
Ordinance No.
36 -14
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT
THE DEDICATION OF 0.104 ACRE, MORE OR LESS, FOR FEE
SIMPLE INTERESTS FOR A MULTI -USE PATH EASEMENT, 0.096
ACRE, MORE OR LESS, FOR FEE SIMPLE INTERESTS FOR A
MULTI -USE PATH, DRAINAGE, AND UTILITIES EASEMENT, AND
0.002 ACRE, MORE OR LESS, FOR FEE SIMPLE INTERESTS FOR
SANITARY SEWER EASEMENT FROM DUBLIN SENIOR
COMMUNITY DVR, LLC; AND 0.100 ACRE, MORE OR LESS, FOR
FEE SIMPLE INTERESTS FOR A MULTI -USE PATH, DRAINAGE,
AND UTILITIES EASEMENT, AND 0.103 ACRE, MORE OR LESS,
FOR FEE SIMPLE INTERESTS FOR SANITARY SEWER EASEMENT
FROM DUBLIN SENIOR COMMUNITY LSP, LLC, LOCATED NORTH
OF POST ROAD AND WEST OF AVERY- MUIRFIELD DRIVE, CITY
OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO.
WHEREAS, the dedication of these easements allow the construction of public
infrastructure on private property; and
WHEREAS, Dublin Senior Community DVR, LLC and Dublin Senior Community LSP,
LLC agreed to dedicate the necessary easements; and
WHEREAS, the easement interests are described and depicted in the attached
Exhibits "A ", ��B ", "C, "D ", and "E ", and
WHEREAS, this ordinance authorizes the City Manger to accept the dedication of the
easements from Dublin Senior Community DVR, LLC and Dublin Senior Community
LSP, LLC.
NOW, IVEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, -L/-- of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to accept the dedication and /or donation of easements in
the same or substantially similar form as depicted in the attached Exhibits from Dublin
Senior Community DVR, LLC and Dublin Senior Community LSP, LLC.
Section 2. This ordinance shall go into effect as of the earliest date permitted by
law.
Passed this l ` — day of 2014.
ayor - Presiding Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Prkway* City of Dublin Phone: 614 - 1 410.4 0 • Fax: 14 - 1 0 -449 0 43017-1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: May 1, 2014
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Barbara Cox, P.E., Engineering Manager — Development
Kristin K. Yorko, P.E., Civil Engineer
Memo
Re: Ordinance 36 -14 - Authorizing the City Manager to Accept the Dedication of
0.104 Acre, More or Less, for Fee Simple Interests for a Multi -Use Path
Easement, 0.096 Acre, More or Less, for Fee Simple Interests for a Multi -Use
Path, Drainage, and Utilities Easement, and 0.002 Acre, More or Less, for Fee
Simple Interests for Sanitary Sewer Easement from Dublin Senior Community
DVR, LLC; and 0.100 Acre, More or Less, for Fee Simple Interests for a Multi -Use
Path, Drainage, and Utilities Easement, and 0.103 Acre, More or Less, for Fee
Simple Interests for Sanitary Sewer Easement from Dublin Senior Community
LSP, LLC, Located North of Post Road and West of Avery- Muirfield Drive, City of
Dublin, County of Franklin, State of Ohio.
Summary
Dublin Senior Community LSP, LLC (LSP) received approval from the Planning and Zoning
Commission to construct a building at 6480 Post Road for an assisted living facility. Dublin Senior
Community DVR, LLC (DVR) owns and operates a senior community at 6470 Post Road. Although
these property owners have slightly different names, they are essentially the same company.
As part of the final development plan for the new building, several infrastructure improvements
and modifications were approved. LSP needed to reroute the sanitary trunk sewer at the northern
end of the site (near the South Fork Indian Run) to accommodate the proposed building footprint.
Also, they will be installing a multi -use (shared -use) path along the north side of Post Road across
both properties.
Since the two parcels have different owner names, five easements were dedicated to the City: two
for the sanitary sewer and three for the multi -use path. A map is attached that highlights the
general location of the five easements.
For the sanitary sewer relocation, DVR dedicated a 0.002 acre easement for the portion of sewer
relocation on their parcel. LSP dedicated a 0.103 acre easement for the sewer relocation on their
parcel. The City will need to vacate a portion of the existing sanitary sewer easement. Additional
legislation will be brought to Council for their consideration of this matter in the near future.
LSP dedicated 0.100 acres for a 15 -foot multi -use path, drainage, and utilities easement. DVR
dedicated a 0.096 acre easement for a 15 -foot multi -use path, drainage, and utilities easement
and an additional 0.104 acre easement for the multi -use path to go around their existing entry
feature walls.
Recommendation
Staff recommends approval of Ordinance 36 -14 at the second reading /public hearing on May 19,
2014.
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CITY OF DUBLIN Sanitary Sewer Easement LSP
7 c l ity of Dublin
Land Use and Long
Range Planning PLANNING AND ZONING COMMISSION
5800 Shier Rings Road
Dublin, Ohio 43016 -1236
Phone 614.410.4600 MEETING MINUTES
fax 614.410.4747
ww .dublinohiousa.gov AUGUST 8, 2013
AGENDA
1. Post Road Retirement Village — Dublin Senior Community 6470 Post Road
13- 045FDP Final Development Plan
(Approved 6 — 0 - Minor Text Modifications)
(Approved 6 — 0 - Final Development Plan)
2. Village of Coffman Park PUD Kenzie Lane
13- 076PP /FP Preliminary Plat /Final Plat
(Postponed - No Vote)
3. Perimeter Center, Subarea E — Giant Eagle Get Go Station
13- 069AFDP 9725 Perimeter Loop Road
(Approved 6 — 0 - Minor Text Modification) Amended Final Development Plan
(Approved 6 — 0 - Amended Final Development Plan)
Chair Chris Amorose Groomes called the meeting to order at 6:30 p.m. and led the Pledge of Allegiance.
Other Commission members present were Richard Taylor, Amy Kramb, Warren Fishman, Victoria Newell,
and Joe Budde. John Hardt was absent. City representatives were Steve Langworthy, Gary Gunderman,
Claudia Husak, Jennifer Readler, Alan Perkins, Kristin Yorko, Jordan Fromm, Andrew Crozier, and Flora
Rogers.
Motion and Vote
Mr. Taylor moved to accept the documents into the record as presented. Ms. Newell seconded the
motion. The vote was as follows: Ms. Kramb, yes; Mr. Fishman, yes; Ms. Amorose Groomes, yes; Mr.
Budde, yes; Ms. Newell, yes; and Mr. Taylor, yes. (Approved 6 — 0.)
Ms. Amorose Groomes noted the second case on the agenda, Case 13- 076PP /FP — Village of Coffman
Park, had been postponed prior to the meeting. She asked if there were any questions or comments
regarding Consent Case 13- 069AFDP — Perimeter Center, Subarea E — Giant Eagle Get Go Station.
Ms. Newell said she had a question, but a staff presentation was not necessary.
Ms. Amorose Groomes determined the order of the cases heard would be Case 3 and 1. [The minutes
reflect the order of the published agenda.] She briefly explained the rules and procedures of the
Planning and Zoning Commission.
1. Post Road Retirement Village — Dublin Senior Community 6470 Post Road
13- 045FDP Final Development Plan
Chair Chris Amorose Groomes introduced the request for review and approval of an 80 -unit, 81,000 -
square -foot memory care facility within Subarea A of the Post Road Retirement Village PUD, located on
the north side of Post Road, west of the intersection with Avery- Muirfield Drive. She explained separate
motions for the Minor Text Modification and the Final Development Plan are required.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 2 of 15
Ms. Amorose Groomes swore in those intending to speak in regards to this case including the applicant
Rocky Goins, Senior Star Management, (1516 South Boston Avenue, Suite 301, Tulsa, Oklahoma) and
City representatives.
Claudia Husak said the Commission reviewed this project informally in June where the applicant
requested feedback regarding their proposed operations. She said one of the concerns raised was the
proposed location of the memory garden within the side yard along the access drive to the Red Trabue
Nature Preserve. She said the Commissioners generally shared Planning's concern and citing the
proximity to the passive nature of the park. She said the other subject discussed was the proposed air
conditioning (PTAC) units proposed on the building. She said the applicant has revised the site plan to
include the memory garden along the front elevation and revised the elevations showing PTAC units on
the first floor only, and screened with landscaping.
Ms. Husak said the site boundary had been changed to include the 13 -acre Subarea A and B of the Post
Road Retirement Village Planned Unit Development District (PUD) because the applicant is proposing to
share parking, which is one of the text modifications required. She presented a photograph of the
existing three -story assisted living facility and the 102 parking spaces with the shared access point from
Post Road. She said stone walls are located on both sides of the access point where a sign is located for
the independent living facility. She said the applicant is proposing to include identification for both
facilities.
Ms. Husak presented the Preliminary Development Plan approved in 2007, and stated the detailed use of
the facility was not known. Ms. Husak said in 2007, the maximum square footage was 89,000 square feet
with 88 units, and the current proposal is approximately 81,000 square feet can accommodate 100 beds.
She said the memory garden concept was not included as part of the approved Plan which has created a
challenging locating it at this time. She said the applicant is proposing to locate the memory garden to
the area in front of the building along Post Road, where parking was proposed in the preliminary
development plan.
Ms. Husak said the development text requires the parking for the site to meet the Code requirements of
one space per every six beds, plus one space per an employee on the largest shift. She said the applicant
has determined they need 49 parking spaces for this facility and they have space for 25. She said the
remaining 22 spaces will be accommodated through a shared parking agreement with the assisted living
facility. She stated parking numbers have been provided to share spaces between facilities, but the
development text requires the exact amount of spaces that are on site for this facility. She said to allow
the sharing of spaces the Commission will need to approve a text modification to permit the shared
parking. She said Planning supports that text modification.
Ms. Husak said the main entrance of the building is to the east. She said the building is located along the
86 -foot building setback from Post Road. She said the applicant is using the setback along the Red
Trabue access drive for underground stormwater management. She said landscaping is proposed along
the building frontages and Planning recommends the plant material be moved away from the building a
few feet. She said the proposed courtyards including landscaping and trees.
Ms. Husak said the applicant will be required to pay fees in lieu of installing a bikepath along Post Road,
as well as a turn lane that is required as part of the traffic study. She clarified the language within
Planning Report and explained the City was improving Post Road and as part of that the City will
construct the bikepath.
Ms. Husak said the applicant is proposing a 3 to 4 -foot mound from Post Road towards the memory
garden, which is located within the 40 -foot pavement and 86 -foot building setbacks. She said the
memory garden will be located behind and lower than the mound with a 6 -foot retaining wall along the
interior side of the mound and a fence on top of the mound and around the sides. She presented some
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 3 of 15
of the items the applicant has proposed to be within the memory garden including a labyrinth and
walking paths.
Ms. Husak said Planning's main concern is the structures or above - ground items proposed for the
memory garden which are located within the building setback along Post Road. She said the applicant
proposes to heavily screen the area with trees and landscaping and to locate the memory garden 6 feet
beneath the mound. She said Planning has determined a text modification is required to allow all of the
elements to be within the building setback.
Ms. Husak presented a detail of the wrought -iron style 6 -foot tall fence proposed. She said Planning has
proposed a condition that the applicant would like to discuss with the Commission specifically about
carrying the mound around the sides of the memory garden to provide more screening. She said
Planning has also requested the fence height be lowered to 4 feet on top of the mound. Ms. Husak said
the applicant is concerned about people falling into the memory garden from the outside, hence they are
proposing the top fence. She said Planning agrees a 4 -foot fence would fulfill that purpose.
Ms. Husak said columns are shown on the plans and the Commission has approved 6 -foot tall fences for
these types of facilities with masonry columns interspersed. She said however, the proposed fence
height would require a text modification.
Ms. Husak said the applicant has provided perspectives of what the memory garden may look like from
Post Road. She said the applicant was envisioning the mounding behind the bikepath with landscaping
interspersed along the mound and along the fence line, at least in the front and to some extent, also on
the sides.
Ms. Husak presented the elevations that except for the PTAC units have not changed since the informal
review in June.
Ms. Husak said the applicant is proposing hardiplank in the light- colored areas shown, but the
development text states the building materials have to be stucco, stone, and brick. Ms. Husak said
Planning was in favor of the use of hardiplank for its dimensions and the residential look envisioned for
the area. She said the applicant has agreed to meet the development text and revise those elevations to
make these areas all stucco in accordance with the text.
Ms. Husak said the interior floor plans submitted show PTAC units on all floors, so as a condition, it has
been requested they be revised to accurately show the units only where proposed on the first floor.
Ms. Husak presented views from Post Road where some mounding and substantially sized trees existed.
She said the applicant has been able to retain a few of them as part of their proposal.
Ms. Husak said four text modifications would be required for the approval of this project, one of which in
regard to the parking spaces, and the Subarea B owner is willing and able share parking with Subarea A,
which is this proposal tonight. She explained the second text modification is to permit the structures
associated with the memory garden, including the arbors, trellises, and the fence with masonry columns
to be located within the required front yard setback and a maximum of 35 feet from the right -of -way of
Post Road. Ms. Husak said the third text modification is to allow an open wrought -iron style fence at a
height of 6 feet to enclose the boundaries of the Memory garden within Subarea A. She iterated
Planning's recommendation of a 4 -foot tall fence along the frontage. Ms. Husak said the last text
modification is to allow evergreen trees to count as tree replacement trees for a maximum of up to 45
inches. She explained the applicant is removing evergreen tree, and has asked to replace them with
evergreen trees to allow for more screening and Planning is supportive of the request.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 4 of 15
Ms. Husak said regarding the Amended Final Development Plan, she clarified Condition #3, That Planning
is supportive of accepting a fee in lieu of the construction of the bikepath, and the east bound left turn
lane along Post Road and added Condition #8, that the applicant revise the building elevations to replace
all siding with stucco or masonry.
Rocky Goins, Senior Star Management said he appreciated the opportunity to have the previous informal
discussion with the Commission because it was very helpful in shaping the design. He said they are
concerned how to put the 4 -foot fence on top of the mound, but he thought it could be done. He said
their concern was not about people climbing over the fence from the outside, but the seniors working
their way along the fence and then climbing over the 4 -foot fence.
Mr. Goins said another concern they had was placing swales on the side of the memory garden. He said
they did not want the memory garden to be smaller because it is the only wandering trail that the
Alzheimer's residents haves. He said they wanted it to be as reasonable and large as possible so that the
residents can enjoy the labyrinth and walking trail and not a tight garden. He said it was something they
thought was very special in the patient's life, so they did not want to encroach on that by building swales.
He said they could heavily landscape the site so that it is buffered. Mr. Goins said they did not want to
have on the sides retaining walls because it becomes a boxed -in feel. He said they are okay with and
understand the importance that the Commission and Planning wants to have it between Post Road and
the garden. He said they would like to appeal for the Commission's consideration. He said they were
willing to landscape the sides to make it not transparent, but for the enjoyment of the residents, they
want to keep the garden as wide as possible so that residents can walk. He said the space between the
garden and the parking lot is very thin, and he could not see how they could put swales there without
deeply encroaching into the garden.
Ms. Amorose Groomes invited public comments or questions regarding this application. [There was
none.]
Amy Kramb she said she did not think much mounding was needed around the east side adjacent to the
parking lot. She said as long as they are shielding the memory garden on the west side from the
entrance, she was okay with using landscaping to screen the area as the mound is tapered down. She
said they need to shield that corner for park visitors.
Ms. Kramb said she was glad the applicant agreed to the 4 -foot fence on top of the mound. She asked if
the fence was going to be on top of the retaining wall and anchored to the retaining wall or be actually
on the mound. Mr. Goins said the intent was to put the fence on top of the retaining wall or just offset
the retaining wall. He said they were not planning on encroaching into the mound.
Ms. Kramb asked if the retaining wall was technically lower than the top of the mound. Mr. Goins said the
wall would be lower than the top of the mound.
Ms. Kramb asked if at the maximum it would be on top of the mound and an additional four feet. Mr.
Goins said on top of the wall, it would be a little shorter.
Ms. Kramb reiterated she was in agreement with the 4 -foot high fence, because she thought 6 feet on
top of a 3 to 4 -foot mound would be very high.
Ms. Amorose Groomes said the drawings make it appear the fence will not be mounted on top of the wall
because it shows the footer detail in the columns, placing the fence 18 to 24 inches behind the wall.
Ms. Husak said according to the plans submitted there are no columns proposed along the Post Road
frontage.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 5 of 15
Ms. Kramb said she deferred to Ms. Groomes comments regarding the landscape screening of the first
floor PTAC units for staff to make ensure that they were sufficiently screened.
Ms. Kramb said she was in favor of a text modification to allow the hardiplank because she preferred it
over stucco and she thought it would make the building look like a much better.
Ms. Kramb asked if the evergreen tree text modification would change Subareas A and B. Ms. Husak
confirmed.
Ms. Kramb said she was concerned that if this project failed that another applicant whose plan did not
require the specific need to remove the evergreens and would replace any removed trees with
evergreens. She said she would like to make it specific to this circumstance because she did not want to
leave it open and change the development text for all future uses. She said she understood the reason
for doing it here and she was okay with it.
Ms. Kramb said the west side of the Dublin Retirement Village was the most used lot and based on the
parking audit for Thursday at noon there were only 25 vacant spaces in the whole area, and the applicant
needs 25 spaces for the new development.
Ms. Husak explained the new development needs 49 parking spaces to meet the Code requirement. She
asked how many spaces were needed for their use at the highest shift. Mr. Goins pointed out that
because they are the managers of the independent living community, they can mitigate the west parking
lot by having the employees use the east parking lot. He said they felt the 49 parking spaces required
was more than what they need.
Ms. Kramb said she wanted to make sure they were not going to put constraints on the lot for special
events, holidays or noontime visitors. She asked if there was room on the far east side of the parking lot
to add parking spaces, if needed or were they full on their lot coverage. Ms. Husak said the site contains
a large amount of open space, which would permit additional lot coverage and remain within the text
requirements.
Ms. Kramb asked if any correspondence had been received from the Dublin Retirement Village concerning
this application. Ms. Husak said the Dublin Retirement Village was part of this application and there will
be a shared parking agreement, even though the developments currently have the same ownership.
Warren Fishman said he agreed a shared parking agreement should be part of the development text.
Ms. Kramb said she would like to see one parking spaces number for the entire site to eliminate future
issues.
Mr. Fishman said he would be fine approving a text modification to add hardiplank if the other
Commissioners were supportive. He said his concern was about the durability of hardiplank because it
deteriorates. He said dimensional stucco could be used to create shadows.
Mr. Fishman suggested a condition be included in the text that the landscaping around the memory
garden be opaque because dense' was a very subjective word.
Mr. Fishman said he shared the concern about the bikepath and the road improvements. He asked if it
was on the current CIP. Kristin Yorko said they was not included the current five -year CIP. She said
funds from Midwest Retina on the south side of Post Road had been received by the City for their
bikepath.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 6 of 15
Ms. Amorose Groomes said she thought an access point should be required from the existing crosswalk
on Post Road to the park entrance. Ms. Yorko asked if Ms. Amorose Groomes was asking the applicant to
install it now.
Ms. Amorose Groomes said she would like the applicant to install the bikepath and instead of paying the
bikepath fee in lieu. Ms. Yorko said the existing ditch and roadway section created a problem in finding a
safe path, but staff could work with the applicant to try to find a location.
Mr. Fishman said from past experience, if an item was not included the five year CIP, it could be 10 years
before the path is constructed. He pointed out that if the path is constructed now and it has to be torn
up in 10 years, it will be needed anyway.
Ms. Husak said the conditions came from the City Engineer, who instructed Planning to gain the fee in
lieu of the bikepath.
Jennifer Readier said the City Engineer has reviewed the application and requested a fee in lieu to ensure
a more comprehensive construction and design process. She suggested the Commission could alter the
condition to include language, to the extent possible, staff will work with the applicant to determine a
potential to location for the installation... so their desire to have the bikepath installed is known and staff
can go back to the City Engineer and look at this more closely.
Ms. Amorose Groomes said she would be okay if they work with Engineering to determine the feasibility
of installing a path system.
Mr. Goins said they did not want to be responsible for installing a bikepath on someone else's property,
but they would work with staff on their property.
Joe Budde asked why the PTAC units were on the first floor only and what would happen on the second
and third floors. He asked if those units would be units on the roof. Mr. Goins explained the first floor
was for memory care and the rooms have a different layout than the assisted living rooms on the second
and third floors. He said the Commissioners were concerned at the informal hearing about the
appearance of the units. He said they decided to keep the PTAC units on the ground floor which would
provide a higher fresh air quotient and be heavily landscape. He said it was a better design and feel, and
would increase the amount of living space in those rooms.
Mr. Budde asked about the height of the memory garden retaining wall on Post Road. Mr. Goins said the
retaining wall was 6 feet tall.
Mr. Budde suggested feathering the wall down when it turns on the east and west ends. Mr. Goins said
he did not think there was enough room on the east end. He said there has to be a feathering, but they
did not want to increase it or encroach into the garden any farther.
Mr. Budde said if there is a way to have the 6 -foot fence feathered down on the sides. Mr. Budde said he
liked the layout of the memory garden, but now that it faced Post Road, he was not sure the previous
location along that road into the park might not have worked adequately because it was a shorter run
and a larger area for people to walk through.
Victoria Newell said she preferred this location for the memory garden. She said she was however,
struggling with the 40 -foot pavement setback and that the retaining wall and fence was in front of that
line. She said for all of the surrounding properties and across the street the setback line was met and she
did not know what makes this application different to not hold that same 40 -foot setback for the fence
structure. She said she thought the 40 -foot pavement setback should be maintained to ensure a
consistent setback.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 7 of 15
Ms. Newell pointed out that hardiplank and stucco both require maintenance painting. She said she liked
the stucco because it matched with the adjoining structure better and it met the text.
Richard Taylor said the applicant did a nice job of putting this development on a really difficult, tight site.
He said the thought the changes worked out as well as could be and he was in favor of approving the
use of 'cementitious siding'.
Mr. Goins said the owners of Subarea B are providing a perpetual parking easement to Subarea A for the
parking spaces so that they will continue on even if the development was sold.
Ms. Amorose Groomes said she agreed with Ms. Newell on the setback requirements; however, there
were many ways to gain more area within the memory garden. She referred to the detail of the garden
wall and said it looked like it was an Oberfield's split face stack up. She encouraged the applicant to use
something that is more creative so that they do not have to plant on the inside of it down low and they
could use planters and benches up against the wall. She suggested they put planters in the wall where it
might have some penetrations where there could be some pendulous plantings in the wall and lose area.
She said if the proposed Junipers were planted along the base of the wall, 5 or 6 feet would be lost. Ms.
Amorose Groomes said if they get more creative with the wall itself, and use more imagination and
greater detailed landscape architecture, she thought everyone would win. She said they would gain 5
feet of use and the setback could be met.
Ms. Amorose Groomes recommended rather than feathering the wall down on the sides, continuing the
wall continue straight across the front so the plantings on the east and west sides are at grade. She said
if the angled 45 degree retaining wall continued instead on both sides they could get to grade on the
plantings and not have it feel so boxed in. She said then the mounds could be feathered out.
Ms. Amorose Groomes said the wall on the other side could be run out rather than bringing it in a 45
degree angle and make it up to grade and feel it was more open on one side. Ms. Amorose Groomes
said the applicant could work with staff to determine a different design solution for the space. She said
thought the proposed front location was appropriate.
Ms. Amorose Groomes said it was important to know where the columns would be on the fence and with
what frequency. She said she agreed the columns should not be on top of the mound, but she would like
to see them at regular intervals on the east and west sides going back to the building. She said she did
not know what the correct number of columns is, but the fencing sections appeared to be 8 feet, the
columns would be at 16 feet, perhaps 24 feet. She said she would like the columns to look appropriately
placed, and suggested maybe three columns on each end with the first adjacent to the building to
provide a terminal point for the fences.
Ms. Amorose Groomes referred to the PTAC units, and asked if any vent louver -type systems were
proposed.
Ms. Husak said a grill has been proposed. She said she researched materials from past applications, and
was unable to find the detail the Commission had discussed at the informal.
Ms. Amorose Groomes recalled that it looked like louvers or blinds. Mr. Fishman recalled for another case,
the Commission was given a choice of different louvers.
Ms. Amorose Groomes said that instead of the 39 Broadmoor Junipers proposed in front of the PTAC
units and 11 Green Gem Boxwoods elsewhere on the site, she preferred to see 50 Green Gem Boxwoods.
She said Broadmoor Junipers grow very broad and they may grow into the PTAC units causing a
maintenance issue.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 8 of 15
Ms. Amorose Groomes said she agreed with Ms. Newell regarding upholding the setback rule and asked if
the other Commissioners also agreed. Mr. Fishman and Mr. Budde agreed.
Ms. Husak reviewed the amended Final Development Conditions #3, 4, 5, 6, 7, and 8 as listed below in
the motion. She suggested deleting Condition #13, listed in the Planning Report, since the text was to be
modified to permit cementitious siding.
Ms. Kramb referred to Condition #6, regarding the three masonry columns, and suggested that it be
clarified to be on the east and west sides and not all sides.
Ms. Amorose Groomes asked if it limited the fence to a 4 -foot height on the mound. Ms. Husak confirmed
that it was limited.
Ms. Kramb suggested Condition #3 incorporate, at a height of 6 feet to enclose the east and west sides
of the memory garden.
Ms. Amorose Groomes said that if they redid the memory care garden wall, it would be easier to bring
the 6 -foot fence into the wall and place the 4 -foot fence on top.
Ms. Husak said the total number of parking spaces for both subareas is 129 parking spaces and she has
altered Condition #1 to reflect this.
Ms. Husak amended Condition #2, adding, 40 feet from the right -of -way.
Ms. Husak said text modification #5 was added to permit the bui lding in Subarea A to include
cementitious siding as shown on the final development plan for the proposed memory care facility.
Ms. Husak amended Condition #2 regarding the mounding, that the applicant work with Planning to
extend the mound proposed along the frontage of Subarea A as much as possible and lower the height
on top of the fence of the mound.
Ms. Kramb suggested Condition #2 should say that the applicant work with Planning to provide an
opaque screening of the garden. Ms. Husak said agreed.
Ms. Newell referred the comment Ms. Husak made earlier in regard to Condition #2 and the height of the
fence being lowered to 4 feet on top of the mound. She said it needs to be 4 feet on top of the mound
or a retaining wall so that where the 6 -foot tall fence, the 6 -foot height should be measured from the
pavement grade within the memory garden. She said otherwise, there could be a 3 -foot retaining wall
with a 4 -foot fence which would total 7 feet in elevation off of that finished grade.
Mr. Goins said he was concerned about the safety of the seniors.
Ms. Newell said approving a 6 -foot high fence is an exception that the Commission is making in the first
place. She said she was comfortable with the 6 -foot height. She said she knew they were trying to keep
it safe, but she did not think the fence needed to be above 6 feet to make someone feel safe within the
memory garden. She said she thought the goal was to not end up a tall fence along Post Road. Mr.
Fishman said he agreed.
Ms. Kramb said she envisioned a 6 -foot section on the east and west ends and a 6 -foot high retaining
wall with a mound in front of that on the south side.
Mr. Goins said his concern was where there may be a taper
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 9 of 15
Ms. Husak said that there the mound began, there needs to be a piece of fence on top of that.
Ms. Kramb said it depended how the wall is connected.
Ms. Amorose Groomes said she thought running the wall out past would be easier because then it could
dead end into the retaining wall. She said otherwise, it will be very difficult to marry those two things.
She said they would pick up interior space that way. Mr. Goins said he agreed.
Mr. Fishman said he did not think it should be any higher than 6 feet, with the wall.
Mr. Goins said the fence should be a minimum of 4 feet. He said that they did not want to have a 2 -foot
high fence.
Ms. Newell said she was fine with a 4 -foot high fence, but she did not want to see a 3 -foot high retaining
wall and a 4 -foot high fence on top of that.
Mr. Fishman clarified the total height of the fence had to be no more than 6 feet off of the pavement.
Mr. Goins said certainly, the Commissioners were not asking for a 3 -foot fence on top of the 3 -foot high
retaining wall.
Ms. Newell suggested they extend the retaining wall and it becomes a brick wall across there that can be
landscaped against it, so there is a 6 -foot high barrier.
Mr. Goins asked that if retaining wall were added that the fence on top be no less than 4 feet.
Ms. Newell said then they could have a 4 -foot high retaining wall with a 4 -foot high fence on top of it.
Mr. Goins asked that was betterment for the residents.
Ms. Newell said her personal opinion was that there was no point of stopping that in proportion in what
they end up with having.
Mr. Fishman said that would set a dangerous precedent for applicants who might also want 8 feet. He
said he thought it was almost impossible for someone to climb a wall and a fence 6 feet tall. He said he
thought it would be safe if it was no more than 6 feet high. He said if the wall has to be lower, so be it.
Ms. Amorose Groomes suggested it would be easy to solve this problem with a good landscape architect.
Ms. Amorose Groomes said that the 6 -foot fence should be measured from grade.
Ms. Newell said the pavement area within the memory garden would be an appropriate measurement.
Ms. Amorose Groomes said there was 6 feet all the way around there.
Ms. Kramb said she thought the intention was to do a six -foot retaining wall.
Mr. Goins said they proposed the six -foot retaining wall on one side.
Ms. Kramb said then on the other two sides, they would have a six -foot tall fence.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 10 of 15
Mr. Goins said he was just trying to anticipate where there may be a taper. He said he guessed they
were talking about having a straight mound with a six -foot fence terminated into a straight wall.
Ms. Kramb said there would be column and fence sections. She said from the inside of the garden, there
will be a 6 -foot fence all the way around. She said on two sides the fence will be wrought iron and the
other side will be a landscaped retaining wall.
Mr. Goins asked if what was being asked for was no fence at all on top of the mound. Ms. Kramb said
that was what all the Commissioners were saying.
Mr. Fishman said they did not want anything above 6 feet above grade.
Mr. Goins said a child on the bikepath could climb up the hill to a 6 -foot retaining wall looking down, and
they can get out. He asked if they were sure that the Commission did not want a fence. Ms. Amorose
Groomes said they could be found all over the City at every loading dock at every office building.
Ms. Newell said Mr. Goins was correct, that if the grade went all the way up to edge of the retaining wall,
it is going to require a barricade across it, and that barricade is 3 -foot 6 inches tall by Code.
Ms. Kramb said it depended upon where the mound went and if it went right up to the edge of the wall
or out farther.
Ms. Husak said the mound went up to the edge of the wall.
Mr. Fishman agreed a good landscape architect could figure it out. He said it cannot be more than 6 feet
above the pavement.
Ms. Newell said the mounding and landscaping is beneficial. She said she would place a limitation of 3
feet 6 inches so the applicant can comply with Code, but only because a fully screened retaining wall is
being provided. Ms. Husak said it would be easier for Planning also.
Ms. Amorose Groomes said she thought it would be finished floor level for the garden. She said she
trusted that Planning can work it out to meet Code and the fall requirements, and also meet the intent of
what the Commission is talking about.
Ms. Husak said it was Planning's understanding that falling into the space was of the applicant's concern,
more so than climbing out of it.
Mr. Taylor said he disagreed. He said they do not want to artificially raise a fence by putting it on a
mound. He said however, there is always some leeway for grade. He said if the grade changes here and
there, the fence does not have to stay at a predetermined height, and it can follow the grade a little. He
said that they are talking about accommodating this user on this fence based on the special conditions
that this particular garden and the users for this. Mr. Taylor said that if it is well designed, he did not
have a problem with having enough fence on top of the wall whatever the height of that is going to be.
He said they now had extensive, opaque landscaping in that area and this is for a very particular use. He
said there are many facilities like this in Dublin and this has been done at least twice. Mr. Taylor said he
thought the Commission was really presented with some special conditions. He said the Commission
asked that it be moved to this side. He said in his opinion, he thought it should be allowed as written
and accommodated, other than moving it, to deal with the 4 -foot on top of the mound issue. He said he
was not concerned with the height proposed.
Mr. Fishman suggested it meet Code
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 11 of 15
Ms. Newell said Code minimum was 3 feet 6 inches for fall protection. Ms. Amorose Groomes said 3 feet
6 inches on top.
Mr. Fishman said he was worried about setting a precedent for the next applicant. Mr. Taylor said if the
next applicant has this kind of use, the Commission will allow some accommodation for the height, but if
it is just a fence to be a fence, they will not allow it.
Ms. Amorose Groomes said to go with 3 feet 6 inches because that is what Code says and she did not
know that 6 inches will make a significant difference once someone scurries up the 6 -foot high retaining
wall.
Motion #1 and Vote - Minor Text Modification
Richard Taylor moved and Amy Kramb seconded the motion, to approve the following five text
modifications because they are minor in nature and will allow the site and the facility to function as
intended at the rezoning, fulfilling a need for residents of the community:
1) To require 129 parking spaces for an independent living facility and assisted living facility and
shared parking between the facilities.
2) To permit structures, associated with a memory garden, including arbors, trellises, and a fence
with columns to be located within the required front yard building and pavement setbacks along
Post Road within Subarea A a maximum distance of 40 feet from the right -of -way.
3) To permit an open, wrought -iron style fence at a height of six feet to enclose the east and west
boundaries of a memory garden within Subarea A.
4) To permit evergreen trees to count as replacement trees for up to 45 inches of required
replacement trees for a memory care facility in Subarea A if evergreens are removed.
5) To permit the building in Subarea A to include cementitious siding as shown on the final
development for the proposed memory care facility.
Mr. Goins agreed to the text modifications.
The vote was as follows: Ms. Amorose Groomes, yes; Ms. Newell, yes; Mr. Budde, yes; Mr. Fishman,
yes; Ms. Kramb, yes; and Mr. Taylor, yes. (Approved 6 — 0.)
Motion #2 and Vote - Final Development Plan
Richard Taylor moved and Victoria Newell seconded the motion, to approve this Final Development Plan
because it complies with the proposed development text and preliminary development plan, the final
development plan criteria and the existing development standards, with 11 conditions:
1) That the plans be revised to change the interior floor plans to accurately show PTAC units on the
first floor only;
2) That the applicant work with Planning to extend the mound proposed along the frontage of
Subarea A as much as possible and lower the height of the fence on top of the mound to four
feet, subject to approval by Planning;
3) That the applicant pay a fee in lieu of construction and eastbound left turn lane along Post Road;
4) That the applicant work with staff to provide the required bikepath along Post Road if feasible,
subject to approval by the City Engineer;
5) That the applicant work with Planning to locate the proposed fence and retaining wall behind the
required 40 -foot pavement setback;
6) That the applicant work with Planning to appropriately place at least three masonry columns at
the sides of the memory garden;
7) That the applicant replace the Broadmoor Junipers with Green Gem Boxwoods to screen the
proposed PTAC units;
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 12 of 15
8) That the applicant prove compliance with the City's Flood control code with the building permit
submission;
9) That the applicant ensure foundation plantings are spaced a minimum of three to four feet away
from the building;
10) That the applicant provide a final stormwater management plan at the building permit stage
verifying compliance with the City's recently updated design manual; and
11) That the applicant provide all easements and right -of -way dedications prior to obtaining a
building permit.
Mr. Goins agreed to the conditions.
The vote was as follows: Ms. Kramb, yes; Mr. Budde, yes; Ms. Amorose Groomes, yes; Mr. Fishman,
yes; Ms. Newell, yes; and Mr. Taylor, yes. (Approved 6 — 0.)
2. Village of Coffman Park PUD
13- 076PP /FP
Kenzie Lane
Preliminary Plat /Final Plat
[This Preliminary Plat /Final Plat application was postponed prior to the meeting. There was no
Commission discussion or action taken.]
3. Perimeter Center, Subarea E — Giant Eagle Get Go Station
13- 069AFDP
9725 Perimeter Loop Road
Amended Final Development Plan
Chair Chris Amorose Groomes introduced this application requesting review and approval of an additional
fuel pump to the existing fuel station and the expansion of the canopy, located at the southeast
intersection of Perimeter Loop Road with Avery- Muirfield Drive. She explained that separate motions were
necessary for the Minor Text Modification and the Final Development Plan. She explained the
Commission is the final authority on this application. She swore in those intending to address the
Commission regarding this case, including the applicant, Jason Hockstok, Advanced Civil Design,
representing Get Go, and City representatives. Ms. Amorose Groomes indicated a Planning presentation
was not needed for this consent item, but that Ms. Newell had a question.
Victoria Newell said the only reason she was supportive of this was because she thought the additional
gas pump /stopping station would help conditions on the site. She said this area has a lot of traffic
between the McDonald's Restaurant on the corner, the shared parking lot with the Shell gas station, the
entrance to the Giant Eagle and at the Get Go station. She said she was concerned with the problem
with backup of vehicles. She said she was concerned the air pump and vacuums were not staggered, and
is not enough space to stack on the front portion of the site along the Perimeter Loop Road frontage.
She pointed out as vehicles pulled in to use the vacuums, they were not parallel, but directly
perpendicular and that blocked the traffic causing congestion. She asked if Planning had studied the
traffic circulation on the site when looking at where the vacuum and air pump are positioned.
Claudia Husak said staff had worked with the applicant regarding the stacking for the pumps.
Ms. Newell said her real concern was the close proximity of the air pump and the vacuums because to
use them, vehicles have to pull in directly. She said you cannot parallel park next to them, which is part
of what is creating the traffic congestion. She pointed out there are also no striped designations of
where to pull in, as are at the adjoining Shell station. She said if they had angled parking were
designated, it might improve the situation.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 13 of 15
Ms. Amorose Groomes said she thought that striping was a great idea. She asked if Ms. Newell was
suggesting the applicant work with staff to coordinate a striping plan around all the auxiliary uses. Ms.
Newell said that would be fine.
Ms. Amorose Groomes invited public comments in regards to this case. [There were none.]
Motion #1 and Vote — Minor Text Modification
Richard Taylor moved and Victoria Newell seconded the motion, to approve the following minor text
modification because it is minor in nature and will allow the site to continue to function adequately and
provide a service to the community:
To require 3 stacking spaces per fuel pump for 9725 Perimeter Loop Road within Subarea E of
the Perimeter Center PCD.
The vote was as follows: Ms. Kramb, yes; Ms. Amorose Groomes, yes; Mr. Fishman, yes; Mr. Budde,
yes; Ms. Newell, yes; and Mr. Taylor, yes. (Approved 6 — 0.)
Motion #2 and Vote — Amended Final Development Plan
Richard Taylor made a motion, and Joseph Budde seconded, to approve this Amended Final Development
Plan because it complies with the proposed development text and preliminary development plan, the final
development plan criteria and the existing development standards, with 6 conditions:
1) That the applicant provide a tree survey for all the trees to be removed as well as potentially
impacted trees in the vicinity of the work and that any removed trees be replaced in accordance
with Code;
2) That the applicant work with Planning to preserve the eight -inch Maple near the extension of the
curb to the west of the improvements;
3) That the pumps contain no signs or logos;
4) That the applicant work with Planning to screen and soften the appearance of the vacuums with
a bed of ornamental shrubs, grasses, and perennials and substitute the proposed Pyramidal
Hornbeam for a larger tree species
5) That new plant material be added to hedge around the site where needed, subject to approval by
Planning; and
6) That the applicant work with Planning to provide striped spaces for the air and vacuum stations.
Mr. Hockstok, Advanced Civil Design, representing Get Go agreed to the conditions.
The vote was as follows: Ms. Kramb, yes; Ms. Newell, yes; Mr. Fishman, yes; Ms. Amorose Groomes,
yes; Mr. Budde, yes; and Mr. Taylor, yes. (Approved 6 — 0.)
Communications
Ms. Husak announced that she will be visiting Germany for six weeks, beginning August 17 and Jennifer
Rauch and Tammy Noble - Flading will fill in as the Commission liaison during her absence. She introduced
Andrew Crozier, a new planning assistant.
Commission Roundtable
Ms. Amorose Groomes said when the Bridge Street Corridor Code was approved by City Council April 25,
2012, the Commission had indicated they would want to review the Code in a year. She suggested that
now that they have had some experience with it, it was appropriate for the Commission evaluate the
Code for its strengths and weaknesses and provide possible solutions for City Council's review. She
asked the Commissioners to discuss it and decide if they felt that was an appropriate thing for them to
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 14 of 15
do. Ms. Amorose Groomes suggested this request be taken to City Council on Monday, August 12 for
their approval.
Ms. Amorose Groomes said the Code states in Code Administration Section 153.066 L(4) "The Planning
and Zoning Commission and the Architectural Review Board may evaluate and monitor the application
requirements, the standards of Sections 153.057 through 153.066 by the Architectural Review Team.
The Commission and Architectural Review Board may advise the Architectural Review Team as to
whether it finds the requirements and standards, including the requests for Administrative Departures are
being applied correctly and recommend to City Council any changes needed to the Bridge Street Corridor
District standards and requirements to better implement the Vision Report."
Steve Langworthy said coincidently, Planning forwarded a memo to City Council requesting to conduct
the same review and provided a schedule to consider to be followed.
Ms. Amorose Groomes suggested the Commission and Planning critiques could be taken to City Council
and be vetted in a public setting to see what it is that needs work and leave alone what does not.
Mr. Langworthy said Planning had identified for Council an area of Code changes that they know need to
be made because several reasons. He said this includes, Code changes Planning has identified would
make it work better, comments made by past applicants about their experiences with the Code or
difficulties with that they thought should be modified in some way that would help. He said tomorrow,
Planning will have a post project evaluation of the Edwards project just reviewed by the Commission to
see what areas they think need to be changed regarding that application. Mr. Langworthy said the
applicant has also been asked to provide comments specifically about their experience.
Ms. Amorose Groomes said her vision for this is for the Commission to have a very independent lens.
She said they have not had the opportunity to meet and discuss amongst themselves and talk through
the issues they have experienced. She said she thought it would be interesting for the Commission to
compile their list and for Planning to compile theirs and then compare them. She said she thought that
would give them great insight and in the areas that overlap, it will be a no- brainer that they are the ones
that need to happen and there might be isolated ones that come apart to that they can discuss with one
another and evaluate the appropriateness of moving forward with those. Ms. Amorose Groomes said she
would like to keep the two things separate. She said she would like to see the thoughts structured
independently and then come together before they move forward.
Mr. Langworthy said that was fine and appropriate. He said he thought it would be interesting to see
particularly where the two groups overlapped. He said there were some areas of the Code the
Commission has never used or seen that they would benefit hearing Planning's experience in those areas
also.
Mr. Fishman said he was thinking the Commission should have some type of retreat, maybe with Jennifer
Readier with them, where they review the past cases. He asked that Mr. Langworthy furnish the
Commission the cases that have come through so that they can be discussed.
Ms. Amorose Groomes said she would like to invite the applicants that have worked with the Bridge
Street Corridor Code, such as developers to provide their feedback.
Mr. Fishman said he agreed, but said it should be in a retreat type forum in a location rather than at a
meeting because it could be very involved. He said he would like to be prepared and have copies of the
cases that have been reviewed and the ones that have gone through the Administrative Review Team
and see the form based Code, and really get to discuss it amongst themselves. He said then the
Commission could present it to Planning and Planning to the Commission.
Dublin Planning and Zoning Commission
August 8, 2013 — Meeting Minutes
Page 15 of 15
Mr. Taylor said assuming all the Commissioners present agreed to proceed, and assuming that they have
a good meeting with City Council on Monday, that probably the first meeting the Commission holds
should be to decide just those things and how they proceed from this point, are they going to do it at a
regular or a special meeting, and what are they going to look at first. He said the first meeting would be
the general questions and what projects that the Commission wanted Planning to provide.
Mr. Budde questioned if it would be premature, because had they not had enough cases to look at and to
learn enough from or to know.
Ms. Amorose Groomes said this would be the first, but not only review. She said she hoped the
Commission would continually look at this as they have more and more experience. She said she thought
they had enough things to start chipping away at and some things are very apparent that they can work
on and they probably will learn new things with the next one. She said it had been 16 months for the
first review and they might look at doing it two years later or whatever is appropriate for the next review.
Ms. Newell said that one learns from doing, and she thought it would be an adventure well gained.
Ms. Kramb said it should be a roundtable with the Commission versus presentations and the meeting
would be open for people who wanted to listen.
Ms. Newell pointed out they have received public input already from letters that have been sent to the
Planning Commission and she thought it was appropriate as a public discussion.
Ms. Amorose Groomes said she had talked to Mr. Hardt regarding his thoughts on the subject of the
review and he had indicated that he was supportive of it
Ms. Kramb asked if there were any light agendas in September. Ms. Husak said the August 22n Agenda,
there were four cases to be scheduled.
Ms. Amorose Groomes said she would most likely not be present for the September 5 regular meeting.
She said it was probably appropriate and important enough to set a special meeting.
Ms. Kramb said she could attend a special meeting as long as it was held on a Thursday.
Ms. Husak said Planning would look for dates to be considered for the special meeting.
Ms. Amorose Groomes requested a motion.
Motion and Vote
Mr. Fishman made a motion, Mr. Budde seconded the motion, to address City Council and request the
review of the Bridge Street Corridor Code.
The vote was as follows: Mr. Taylor, yes; Ms. Kramb, yes; Ms. Newell, yes; Ms. Amorose Groomes, yes;
Mr. Budde, yes; and Mr. Fishman, yes. (Approved 6 — 0.)
Ms. Amorose Groomes invited the Commissioners that were available Monday night to show unity by
attending the City Council meeting when she asks for their blessing on this.
Ms. Husak said that she would send the Commission a copy of the memo Planning provided to City
Council.
Ms. Amorose Groomes invited additional comments or questions. [There were none.] She adjourned the
meeting at 8:09 p.m.
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Terry J Brain
Frank I >n County Recorder
Portion above reserved for state of Ohio Auditor, Engincer and Recorder's Offices use
PROPOSED 30' EASEMENT FOR M>(11 TI PATH
THIS EASEMENT FOR MULTI -USE PATH (the "Easement ") is made and entered into
this !Y day of 6 eiL 2014, by and between DUBLIN S ENIOR COMMUNITY DRV,
LLC, an Oklahoma limited liability company, ( "Grantor "), whose mailing address is 1516 South
Boston, Suite 301, Tulsa, Oklahoma 74119, and the City of Dublin, Ohio, an Ohio municipal
corporation ( "Grantee "), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No.
273 - 003959 (the "Grantor Property");
WHEREAS, Grantee desires an easement over those portions of the Grantor's 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 a multi -use path thereon; and
WHEREAS, Grantor desires to grant easements over the Easement Area for the benefit of
Grantee, upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the foregoing Background Information and as
follows:
1. Grant of 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, operate, maintain,
repair and replace a multi -use path and to perform such grading work as Grantee deems
necessary in connection therewith; and (ii) of ingress and egress over those portions of Grantor's
Property reasonably necessary to facilitate Grantee's use of the Easement Area as permitted
hereby. Grantee, as soon as reasonably practicable after construction of the path, including any
alterations and repairs thereto, and completion of the grading work shall cause the Easement
Area to be restored to their former condition as nearly as is reasonably practicable. Grantee shall
have the right to remove any and all vegetation growing within the Easement Area as is
reasonably necessary to facilitate Grantee's use thereof as permitted by this Easement. Grantor
has the right to enter on the Easement Area for any purpose whatsoever provided such entry by
Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement.
Notwithstanding anything to the contrary herein, Grantee shall not at any time impair or hinder
Grantor's or Grantor's invitees', permittees', or licensees' access over portions of the Easement
Area required for ingress or egrees to and from Grantor's Property from Post Road or any current
vehicular access point without the prior approval of Grantor not to be unreasonably withheld.
2. Relationshi to 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
EXHIBIT A
FBT Multi -Use Path w/o Utilities Easement - edit 712014
provision contained herein or any act of the parties hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
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 some 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 Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
5. CSgiQns ano EM=n U a The captions and section numbers in this Easement
are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. GQveminct Law This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may
not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's Office,
Franklin County, Ohio with reference made to this Easement.
8. Benefit . This Easement shall tun with the land and inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Authori . Grantor represents and warrant that it has the full right and authority
to enter into this Easement and grant the rights hereby conveyed to Grantee.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
GRANTEE:
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
B
Marsha Grigsby, City Manager
GRANTOR:
DUBLIN SENIOR COMMUNITY DRV, LLC
an Oklahoma limited liability company
By: Senior Star Investments 1, LLC
Its Manager
By. _ —
Anja M. Rogers
Its Vice President
(ACIINOWLEDGEMENrON THE FOLLOWING PAGE)
Far Muhl•Use PaM w/a Utilities Easement alit 2/2014
GRANTOR:
DUBLIN SENIOR COMMUNITY DRV, LLC
an Oklahoma limited liability company
By: Senior Star Investments I, LLC
Its Member
By: I
. o
Its Vice President
STATE OF OKLAHOMA
COUNTY OF TULSA
ss.
BE IT REMEMBERED, that on the (4 - day of pY+ I , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
Anja M. Rogers, as Vice President of Senior Star Investments I, LLC, as Member of DUBLIN
Senior Community, DRV LLC, an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTAR GBLIC
My Commission expires:
Notary la
Stale of owithome
M.J. KNOBLETT
TULSA COUNTY
COMMISSION /0700t08T
Comm. Ex . 01. 31.2016
FBT Muki -Use Peth w/o Utilities Easement edit 2/2014
STATE OF OHIO )
),ss.
FRANKLIN COUNTY )
BE IT REMEMBERED, that on this 16? of L, 2014, 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 the municipal corporation.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed my official
sea on the day and year last aforesaid.
sea
P116LIC
My Commission expires: 1 1 �p/ ` ..O``p1ARlAL r s
STATE OF OKLAHOMA :
COUNTY OF TULSA
ss.
IENNIfER L. DELGADO
NOTARY PUBLIC
STATE OF OHIO
Comm. Expires
January 02, 2018
BE IT REMEMBERED, that on the _ day of - 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
Anja M. Rogers, as Vice President of Senior Star investments 1, LLC, as Manager of DUBLIN
Senior Community, DRV LLC, an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTARY PUBLIC
My Commission expires:
0lo -4,1 -qqw�
G4
Stewart Title Agency
of Columbus Box
This Instrument Prepared By.
Philip K. Hartmann, Esq.
Frost Brown Todd
LLCC0LLRoary0127206060792R 5276990
FST Mulis -Use Path aM thillfim EUM1201 edit 2/.014
CIA 8 Ernaronrnemal Consulrms, Inc.
Celebrating 25 !( ear's
Proposed 30' Multi -use Path Easement
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3452,
and being 0.104 acres within a 8.377 acre tract in the name of Dublin Senior Community DRV, LLC, as
described in Instrument Number 200511080237125, all records herein are from the Recorder's Office,
Franklin County, Ohio, said 0.104 acres being more particularly described as follows:
Beginning for a Reference, in the centerline of Post Road (60' R/1) at the southeasterly comer of said
8.377 acre tract also being the southwesterly corner of a 5.812 acre tract in the name of Dublin Geriatric
Care Co., LLC as described in Official Record 10885, Page H19;
Thence North 07 West, with the westerly line of said 5.812 acre tract a distance of 45.69 feet to
the True Place of Beginning of the tract herein being described;
Thence through said 8.377 acre tract the following 3 courses:
1. North 87 West, a distance of 153.85 feet;
2. North 02 East, a distance of 30.00 feet;
3. South 87°23'34" East, a distance of 148.70 feet to said westerly line;
Thence South 07 °23'28" Fast, with said westerly line a distance of 30.46 feet to the True Plaice
of Beginning, containing 0.104 acres more or less.
/ :'JOHNJFr'PtEY "- s
ohn J. b P.S. 7863 Date RAAB
( 7863
a�o a�v0:
GIST
",, S
E'.4 A
8740 Orion Place. Suite 100 1 Columbus. OH 43240 1 p. 614- 540.6633 (,614-540-6638 1 www.cocinc.com
EASEMENT BASIS OFBEARIAWS
SITUATED IN THE STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN THE BEARINGS ARE BASED BETWEEN TWO FOUND IRON
0 VIRGINIA MILITARY SURVEY 3452 PIPES ON THE EASTERLY LINE OF A 13.707 ACRE
TRACT CONVEYED TO DUBLIN SENIOR COMMUNITY
NORTH LIMITED PARTNERSHIP, BY DEED OF RECORD IN
DUBLIN GERIATRIC CARE CO. OFFICIA RECORD 26033. PAGE B04. HAVING AN
5.812 ACRE TRACT ANGLE OF SOUTH 52 WEST.
DUBLIN SENIOR COMMUNITY OR ✓ O. R. 10885, PG. H 18
8.377 ACRE TRACT , [LC I PARCEL ID /.: 27J- 004286 -00
INSTI:• 2005 1 1080237 125 R
PARCEL /0,/. 273- OOJ959 -00
DUBLIN SENIOR COMMUNITY LSP, LLC 0.104 ACRES
5.330 ACRE TRACT
INSTI.: 20O80JI8004IJ89 T 87 4"
PARCEL ID,�:• 27J-012235-00 N 2'20'09" E 1
' 30.00'
RI* — I _ N 8723'34' W 153.85'
"Q
— - . -- - — N 723'28" W
POST RQAD „ 45.69'
! -'JO 1 :I:Y�
r, s
7W `
CIVIL & ENVIRONMENTAL CONSULTANTS. INC.
JOHN J. RAAB
PROFESSIONAL SURVEYOR NO.: 7863
Y
SCALE IN FEET
0 50 100
W
W
Civil & Environmental Consultants, Inc.
8740 Orion Place, Salta 100 - Columbus, OH 43240
614. 540.8633.888.598 -6808
www.cednc.com
PROPOSED 30' MULTI -USE PATH EASEMENT
Situate In
CITY OF DUBLIN
FRANKLIN COUNTY AND STATE OF OHIO
Made For
DUBLIN SENIOR COMMUNITY DRV, LLC
MARCH
A
I OF 1
EXHIBIT B
IIIIIIIIIIIIIIIII IINIIIIIINIIIIIIIII�IIII
201404170046994
Pas: 7 $69.00 720140025289
04/17/2014 1:35PM BXSTEWART TIT
Tarry J. Brown
Frank In County Recorder
APR 17 20%
CUWeXE E M WW n
FRANKM CM M, OHIO
Portion above reserved for State of Ohio Auditor, Engineer and Recorder's Ofrias use
PROPOSED 15' EASEMENT FOR MULTI -USE PATH, DMINAGE AND UTILITIES
THIS EASEMENT FOR MULTI -USE PATH, pRAI�N� 11 A d GGE AND UTILITIES (the
" Easement " ) is made and entered into this Ae
! `� da y of 2014, by and between
DUBLIN SENIOR COMMUNITY DRV LLC, an Oklahoma limited liability company, ( "Grantor "),
whose mailing address is 1516 South Boston, Suite 301, Tulsa, Oklahoma 74119, and the City of
Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose mailing address is 5200 Emerald
Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No.
273 - 003959 (the "Grantor Property");
WHEREAS, Grantee desires an easement over those portions of the Grantor's 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 a multi -use path thereon; and
WHEREAS, Grantor desires to grant easements over the Easement Area for the benefit of
Grantee, upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the foregoing Background Information and as
follows:
1. Grant of 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, operate, maintain,
repair and replace: (a) multi use path for walking and biking, (b) utility lines for gas, electric,
water, sewer, cable, and communication services, and facilities and appurtenances incidental
thereto, including, but not limited to, lines, wires, cables, conduits, anchors, circuits, equipment,
meters, valves, regulators, manholes, drain pipes, fixtures and other appurtenances and facilities
and (c) drainage facilities (collectively, the "Facilities); and (ii) of ingress and egress over those
portions of Grantor's Property reasonably necessary to facilitate Grantee's access to the Facilities
and use of the Easement Area as permitted hereby. 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. Any
damage to Grantor's property by Grantee (whether directly or indirectly), or Grantee's agents,
subcontractors, employees must be restored by Grantee, at Grantee's sole cost and expense, to a
condition substantially equal to the condition existing prior to Grantee's entry onto or use of the
Easement Area. At Grantee's sole cost and expense, Grantee shall have the right to remove any
and all vegetation growing within the Easement Area as is reasonably necessary to facilitate
Grantee's use thereof as permitted by this Easement. Grantor has the right to enter on the
Easement Area for any purpose whatsoever provided such entry by Grantor does not in any way
impair or hinder the rights granted to Grantee in this Easement. Grantee is solely responsible for
the maintenance, repair, replacement, removal, and insurance of the improvements that it makes
FBT Multi -Use Path w/o Utilities Easement — edit 212014
in, on, over, across, through, and under the Easement Area Notwithstanding anything to the
contrary herein, Grantee shall not at any time impair or hinder Grantor's or Grantor's invitees',
permittees', or licensees' access over portions of the Easement Area required for ingress or
egrees to and from Grantor's Property from Post Road or any current vehicular access point
without the prior approval of Grantor not to be unreasonably withheld.
2. Relationship to 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 hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
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. Severability in the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
5. Captions and Pronoun Usage The captions and section numbers in this Easement
are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. Governing Law This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may
not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's Office,
Franklin County, Ohio with reference made to this Easement.
8. Benefit This Easement shall ran with the land and inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Authority. Grantor represents and warrant that it has the full right and authority
to enter into this Easement and grant the rights hereby conveyed to Grantee.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above
FBT Mufti -Use Path w/o Utilities Faswml — edit 9!1014
in, on, over, across, through, and under the Easement Area Notwithstanding anything to the
contrary herein, Grantee shall not at any time impair or hinder Grantor's or Grantor's invitees',
permittees', or licensees' access over portions of the Easement Area required for ingress or
egrees to and from Grantor's Property from Post Road or any current vehicular access point
without the prior approval of Grantor not to be unreasonably withheld.
2. Relationship to 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 hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
3. Waiv 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 some 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. Severability In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
S. Dmiow and Pronoun Usage The captions and section numbers in this Easement
are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. Governing Law This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may
not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's Office,
Franklin County, Ohio with reference made to this Easement.
a. Benefit This Easement shall run with the land and inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Authority . Grantor represents and warrant that it has the full right and authority
to enter into this Easement and grant the rights hereby conveyed to Grantee.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
GRANTEE:
CITY OF DUBLIN, OHIO,
an io mu i ' al , ration
By
Marsha Grigsby, City Manager
F9T Maki -Use Path win Utdma Easenwu cA 2M- 14
GRANTOR:
DUBLIN SENIOR COMMUNITY DRV, LLC
an Oklahoma limited liability company
By: Senior Star Investments I, LLC
Its Member
By:
ogers
Its Vice President
STATE OF OKLAHOMA
ss.
COUNTY OF TULSA
BE IT REMEMBERED that on the IL- day of a r+ 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
Anja M. Rogers, as Vice President of Senior Star Investments I, LLC, as Member of DUBLIN
Senior Community DRV, LLC, an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
�Yii�ticho
NOTAR UBLIC
My Commission expires: 0 1!
N :KNOBL ETT Publ e
Stale Oklahoma
M.J. TULCOUNTY COMIgIN a0r0otOB7 Comm. 011 2016
FBT Mufti -Use Path w/o Utilities Easement - edit 212014
GRANTOR:
DUBLIN SENIOR COMMUNITY DRV, LLC
an Oklahoma limited liability company
By: Senior Star Investments I, LLC
Its Manager
By: — — -
Anja M. Rogers
Its Vice President
STATE OF OHIO )
)ss-
FRANKLIN COUNTY )
BE IT REMEMBERED, that on this __ff day of 2014 before me , the
subscriber, a Notary Public in and for said county and state, perionally 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 the municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
on the day and year last aforesaid.
J \ \ \ \11111111111111j1
\ \ � O ,p,RIAL S�li���
� ?' .�� �JENNIFER L. DELGADO
J ARVPUB LIC
Commissionexpires. �kal. Z. /k' �•• . -
I _ NOTARY PUBLIC
STATE OF OHIO
Comm. Expires
January 02, 2018
STATE OF OKLAHOMA :
COUNTY OF TULSA
. ss.
BE IT REMEMBERED that on the _ day of , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
Anja M. Rogers, as Vice President of Senior Star Investments I, LLC, as Manager of DUBLIN
Senior Community DRV, LLC, an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTARY PUBLIC
My Commission expires:
Stewart Title Agency l (� V3 t�` - c ta' V
of Columbus Box f
This Instrument Prepared By.
Philip K. Hartmann, Esq.
Frost Brown Todd LLC
COLLIMMY0127206.0MUM 5266(2
FRrMu1h -Use Path win Utdakt Ewwwm •da Wom
L "� c
Civil & Environmental Consul® " ri f ts "f Inc.
Celebrating 25 bears
Proposed 15' Mufti -use Path, Drainage and Utilities Easement
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3452,
and being 0.096 acres within a 8.377 eere tract in the name of Dublin Senior Community DRV, LLC, as
described in Instrument Number 200511080237125, all records herein are from the Recorder's Office,
Franklin County, Ohio, said 0.096 acres being more particularly described as follows:
Beginning for a Reference, in the centerline of Post Road (60' R/W) at the southwesterly comer of said
8.377 acre tract also being the southeasterly corner of a 5.330 acre tract in the name of Dublin Senior
Community LSP, LLC as described in Instrument Number 200803180041389;
Thence North 02 °36'32" East with the easterly line of said 5.330 acre tract a distance of 30.00 feet to the
northerly right -of -way line of said road and being the True Place of Beginning for the tract herein being
described;
Thence North 02°36'32" East, continuing with said easterly line a distance of 15.00 feet to a point;
Thence South 87 0 23'34" East, through said 8.377 acre tract a distance of 277.19 feet to the westerly line
of a 5.812 acre tract in the name of Dublin Geriatric Care Co. as described in Official Record 10885, Page
H18;
Thence South 07°23'28" East, with said westerly line a distance of 1523 feet to the said right -of -way
line;
Thence North 87°23'34" West, with said right -of -way line a distance of 279.84 feet to the True Place of
Beginning, containing 0.0% acres more or less.
7
ohn J. Raib P.S. 7863 ate
.. - 'JOHN . c i ' i l
RAAK
7863
/S T'-. .
S
'ONAL `�`>>•••'
F "'.811111 0,
a A
8740 Orion Place. Suite 100 1 Columbus. OH 43240 1 p: 614- 540.6633 f: 614. 540 -663B ( www.cecinc.com
EASEMENT PLAT
SITUATED IN THE STATE OF OHIO, FRANKLIN COUNTY, CITY OF DUBLIN
VIRGINIA MILITARY SURVEY 3452
NORTH
DUBLIN SENIOR COMMUNITY LSP, LLC
5.330 ACRE TRACT
1NSr,0:• 200803 18004 1 389
PARCEL IDI 273 - 012135 -00
—£X. R/W N 2'36'32' E
g f5:tf0"'
Z N 2'36'32" E
— ` 30.00'
f ,4j,44
,• .. .QfrO.,i
"ry
R-
786J ff ,
DUBLIN SENIOR COMMUNITY DRV, LLC
8.377 ACRE TRACT
SASIS OF SEAR/NGS
THE BEARINGS ARE BASED BETWEEN TWO FOUND IRON
PIPES ON THE EASTERLY LINE OF A 13.707 ACRE
TRACT CONVEYED TO DUBLIN SENIOR COMMUNITY
LIMITED PARTNERSHIP, BY DEED OF RECORD IN
OFFICIAL RECORD 26033, PAGE 804, HAVING AN
ANGLE OF SOUTH 52'28'56" WEST.
DUBLIN GERIATRIC CARL CO
5.612 ACRE TRACT
O R 10885, PG. H 18
1 PARCEL ID /- 273 - 004286 -00
INS11: 200511080237125 i
PARCEL /0` 27J-003959-00
0.098 ACRES
s 87'23' 4" E 277.19'
-l"11 ��1.f�1I11 ff..�.�►�1 5.2 23'28- E
13'
POB
N 87'23'34" W 279.84' i1— E; Rte,
POST ROAD —
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
JOHN J. RAAB
PROFESSIONAL SURVEYOR NO.: 7863
SCALE IN FEET
0 50 100
a
Civil & Environmental Consultants, Inc.
8740 Orlon Plata, Suite 100 - Columbus OH 43240
614 SM-8808
www.cocinc.corn
PROPOSED 15' MULTI -USE PATH,
DRAINAGE AND UTILITIES EASEMENT
Sksate In
CITY OF DUBLIN
FRANKLIN COUNTY AND STATE OF OHIO
Made For
DUBLIN SENIOR COMMUNITY DRV, LLC
^ er
130 -884
A
I f ANM
NOTNECESSARY
AN 17 20%
CLAREVCE E. MN90 u
AUDffOR
FRANKLIN COUNTY, OHIO
IIIII I1lNil III II IINI III I IIII IIN II Inl I III
201 404170046996
Pas 6 6 7201 40826269
84 /1712014 1 37P BXSTEYART TIT
Tarry J. Brown
Franklin t:otrnty Recordor
above reserved for State of Ohio Auditor, Engmecr and Recorder's Offices use
EASEMENT FOR SANITARY SEWER
30�1.�
THIS EASEVENT FOR SANITARY SEWER JHE "Easement ") is made and entered into
this ! day of _ r, 1 2014 by and between DUBLIN SENIOR CommuN[TY DRV,
LLC, an Oklahoma limited liability company ( "Grantor "), whose tax mailing address is 1516 South
Boston Avenue, Suite 301, Tulsa, Oklahoma 74119, for and in consideration of One Dollar ($1.00)
and other valuable considerations paid by the CITY OF DUBLIN, OHIO, an Ohio municipal
corporation ( "Grantee "), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No.
273 - 003959 (the "Grantor Property");
WHEREAS, Grantee desires an easement over those portions of the Grantor's 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 a sanitary sewer thereon; and
WHEREAS, Grantor desires to grant easements over the Easement Area for the benefit of
Grantee, upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the foregoing Background Information and as
follows:
Grant of _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, operate,
maintain, repair and replace underground lines, conduits, valves, regulators and all other
appurtenances (collectively "Facilities "); (ii) to add to, operate, maintain, repair, replace,
remove or relocate any Facilities and to perform such grading work as Grantee deems
necessary in connection therewith; and (iii) ingress and egress over those portions of
Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area
as permitted hereby. Grantee, as soon as reasonably practicable after construction of the
Facilities, including any alterations and repairs thereto, and completion of the grading
work shall cause the Easement Area to be restored to their former condition as nearly as
is reasonably practicable. Grantee shall have the right to remove any and all vegetation
growing within the Easement Area as is reasonably necessary to facilitate Grantee's use
thereof as permitted by this Easement. Grantor has the right to enter on the Easement
Area for any purpose whatsoever provided such entry by Grantor does not in any way
impair or hinder the rights granted to Grantee in this Easement.
2. Relationship to 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
EXHIBIT C
FBT sanitary Sewer Easement Company — edit 2/2014
provision contained herein or any act of the parties hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
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. Severability In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
5. Captions and Pronoun Usage The captions and section numbers in this Easement are for
convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. Governing Law This Easement shall be governed by and construed in accordance with
the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's
Office, Franklin County, Ohio with reference made to this Easement.
8. Benefit. This Easement shall run with the land and inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Authori . Grantor represents and warrant that it has the full right and authority to enter
into this Easement and grant the rights hereby conveyed to Grantee.
10. Release. Grantor, its successors and assigns, hereby release Grantee from any further
claims for compensation or claims for damages resulting from this grant, except that
Grantee shall not be released from liability for damage caused to the Property as a result
of its gross negligence or that of its employees, agents or contractors.
11. Runs with the Land. The agreements in this Grant of Sanitary Sewer Easement shall run
with the land and be binding upon and inure to the benefit of the respective heirs, personal
representatives, successors, transferees, and assigns of Grantor and Grantee.
(Signatures and Acknowledgements on the following pages)
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
FBT Sanitary Sewer Easement Company - edit 22014
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set faith above.
GRANTOR:
DuKa S ENIOR COMMMaW DRV, LLC
an Oklahoma limited liability company
By: Senior Star Investments 1, LLC
Its Member/Manager
By:
Its Vice Pres.
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
GRANTEE:
CrrY of Dw uN, Olno,
an Ohio municipal corporation
B y : -
Marsha Grigsby, City Anaier
BE IT REMEMBERED that on this 1 day of v� t _, 2014, 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 the municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
I on the any and year last aforesaid.
T vy A RY UBLIC
Commission expires: h , aw , 1. 7 - 6 19
STATE OF OKLAHOMA :
COUNTY OF TULSA
�*fl
JENNIFER L. DELGADO
NOTARY PUBLIC
STATE OF OHIO
Comm. Expires
January 02, 2018
BE IT REMEMBERED, that on the _ day of , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
Anja M. Rogers, as Vice President of Senior Star Investments 1, LLC, as Member/Manager of
D UNLIN Senior Community DRV, LLC., an Oklahoma limited liability company, who
acknowledged the foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTARY PUBLIC
My Commission expires:
This Instrument Prepared By.
Philip K. Hartmann, Esq.
Frost Brown Todd LLC
MT Saefwry Sewer Eroannu Company adn 22014
GRANTOR:
DUBLIN SENIOR COMMUNITY DRV, LLC
an Oklahoma limited liability company
By: Senior Star InvestmentLL LLC
Its Member
By:
Its y4ecf
STATE OF OKLAHOMA
ss.
COUNTY OF TULSA
BE IT REMEMBERED, that on the LLL day of 0A I , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
Anja M. Rogers, as Vice President of Senior Star Investments I, LLC, as Member of DUNLIN
Senior Community DRV, LLC., an Oklahoma limited liability company, who acknowledged
the foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTAR I UBLIC
My Commission expires:
8tate O; ' h oma
M.J. KNOTT
TULSA COY
COMMISSION 1087 om. Ex . O 2015
Stewart Tide Agency
of Columbus Box VVY —
This Instrument Prepared By:
Philip K. Hanna m, Esq.
Frost Brown Todd LLC
FBT Sanitary Sewer Easement Company - edit 2'2014
CM a Em4rorommul Conuftr o. int.
C4,b(atinq 25 Ova
2D' Sanitary Sewer Easement
Situated In the State of Ohio, County of Franklin, qty of Dublin, Virginia Military Survey Number 3452,
and being 0.002 acres within a 8.377 acre tract, Conveyed to Dublin Senior Community DRV, LLC., by
deed of record in Instrument Number 200511080237125, all records herein are from the Recorder's
Office, Franklin County, Ohio, said OA02 acres being more particularly described as follows:
Beginning for a Reference, at the southeasterly corner of a 5.330 acre tract conveyed to Dublin Senior
Community LSP, LLC, by deed of record In Instrument Number 200S0318OD41389,
Thence North 02 East, along the easterly line of said 5.330 acre tract, a distance of 90.00 feet to
a point;
Thence North 55'23'28' West, along the easterly One of said 5.330 acre tract, a distance of 116.00 feet
to a point;
Thence North 03'13'37' West, along the easterly fine of said 5.330 acre tract, a distance of 220.55 feet
to the True Place of Beginning;
Thence across sold 8.377 acre tract the following four (4) courses;
1) North 03'13'37" West, a distance of 21.83 feet to a point;
2) South 6995'03' East, a distance of 6.01 feet to a point;
3) South 09'44'23' West, a distance of 2035 feet to a point;
4) North 69'35'03' West, a distance of 1.02 feet to the True Place of Beginning, containing
0.002 acres (70 square feet), more or less.
john J. litsib P.S. 7863 ate:
� OF O �; °••.
t'JOHN 1Err4FY`
Ri,lB i
t ; 7863
j.
d 'A - G/S " A
T ONAL
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Ek
8740 Or.on P4 co 5u, t, 100 1 Colum bua, 0 H 4 3149 1 p: 614 546.6633 f 6.4 540 -6638 «ww ,.,. ,..- ca
1
1
O N 73'48'56" E
NORTH 37.64'
N 21'07'22' W
20.07'
SE>� E.
(0.016 AL70E5) I
S 73'48'56" W I
32.28'
20.00L -H
crlr or nu)U/1 I I
. 16 Ar1W TRACT 1'f 1) I I
G.R 1 IX6.. ?G. DOJ
I I
II
it
11
I
N 89'35'17' E
160.22'
N 73'48'56' E 20' SWU
26.84' SENEW MsEww
(a 16J AWSES)
S 89'35'17 W 153.78
N 5'53 1 `' W N 69'35'03 W
' /
20.33' 41.58'
— S 73
48'56" W S 3'13'37" E
27.70' 21.83'
S 69'35'03" E
36.50'
I S 6935'03" E
_ 6.01' _ _/ /
20• SAMURY
SEW I
( a= 70. J1 Sa FT.)
S 9'44'23" W
20.35'
sbQ w FEES` --
0
8o
M , n - aca7 ACRE$ 7aJ1 $a FT.
a 10J ACRES
a016 ACRES
rJOHN.IFFEMEY''•. ?[
PAB
r 70. 3 ' C
•..,ANAL 5 � , ,
L k EW AL CONSULTAWM, 1
JOHN J. RMB
PROFESSIONAL SURVEYOR NO-- 7863
Civil & Rnvirpamental Consultants, Inc.
8140 Orion Pkm. Sub 100 . Cok=bm, OH 40240
614•5'WB&13.88846868808
PROPOSED 20'
SANITARY SEWER EASEMENT
sauvivin
CITY OF DUBLIN
FRANKLIN COUNTY AND STATE OF OHIO
M.w For
DUBUN SENIOR COMMUNITY LSP, LLC
and
DU13UN SENIOR COMMUNITY DRV, LLC
MM 42M 1•.80' ..si
- N B - s"_ T r: A
I.
' 69'35'03" W
Iq gg
1.02'
Ex 20' swrARY
,y
SEWER EASEMENT
;
(O. R. 1511, PC. A09)
n
in
5-U', A ^N•
_
Uri {� 1'.G�J.P 9,'L�•, ,.'.7
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's
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1'36 E 90.00'
---
REP. PT. t —
_ I
sbQ w FEES` --
0
8o
M , n - aca7 ACRE$ 7aJ1 $a FT.
a 10J ACRES
a016 ACRES
rJOHN.IFFEMEY''•. ?[
PAB
r 70. 3 ' C
•..,ANAL 5 � , ,
L k EW AL CONSULTAWM, 1
JOHN J. RMB
PROFESSIONAL SURVEYOR NO-- 7863
Civil & Rnvirpamental Consultants, Inc.
8140 Orion Pkm. Sub 100 . Cok=bm, OH 40240
614•5'WB&13.88846868808
PROPOSED 20'
SANITARY SEWER EASEMENT
sauvivin
CITY OF DUBLIN
FRANKLIN COUNTY AND STATE OF OHIO
M.w For
DUBUN SENIOR COMMUNITY LSP, LLC
and
DU13UN SENIOR COMMUNITY DRV, LLC
MM 42M 1•.80' ..si
- N B - s"_ T r: A
71 -
a'
APB 17 2M
r►1•T:
201404170046997
Pox: 7 ": T20140025209
T20140025209
04/17!2014 1:3tl1 BXSTEWQRT TIT
Terry J. Brown
Franklln Cotmty Recorder
Portion above reserved for State of Ohio Auditor, Engineer and Recorder's Offices use
15' PROPOSED EASEMENT FOR MULTI -USE PATH, DRAINAGE AND UTILITIES
40k P-
THIS EASEMENT FOR MULTI -USE PATH, RAINAGE AND UTILITIES (the
"Easement ") is made and entered into this /'/ day of /, f 2014, by and between
DUBLIN SENIOR CommuNiTy LSP, LLC., an Oklahoma limited liability company, ( "Grantor "),
whose mailing address is 1516 South Boston, Suite 301, Tulsa, Oklahoma 74119, and the City of
Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose mailing address is 5200 Emerald
Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No.
273 -012235 (the "Grantor Property");
WHEREAS, Grantee desires an easement over those portions of the Grantor's 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 a multi -use path thereon; and
WHEREAS, Grantor desires to grant easements over the Easement Area for the benefit of
Grantee, upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the foregoing Background Information and as
follows:
1. Grant of 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, operate, maintain,
repair and replace: (a) multi use path for walking and biking, (b) utility lines for gas, electric,
water, sewer, cable, and communication services, and facilities and appurtenances incidental
thereto, including, but not limited to, lines, wires, cables, conduits, anchors, circuits, equipment,
meters, valves, regulators, manholes, drain pipes, fixtures and other appurtenances and facilities
and (c) drainage facilities (collectively, the "Facilities); and (ii) of ingress and egress over those
portions of Grantor's Property reasonably necessary to facilitate Grantee's access to the Facilities
and use of the Easement Area as permitted hereby. 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. Any
damage to Grantor's property by Grantee (whether directly or indirectly), or Grantee's agents,
subcontractors, employees must be restored by Grantee, at Grantee's sole cost and expense, to a
condition substantially equal to the condition existing prior to Grantee's entry onto or use of the
Easement Area. At Grantee's sole cost and expense, Grantee shall have the right to remove any
and all vegetation growing within the Easement Area as is reasonably necessary to facilitate
Grantee's use thereof as permitted by this Easement. Grantor has the right to enter on the
Easement Area for any purpose whatsoever provided such entry by Grantor does not in any way
impair or hinder the rights granted to Grantee in this Easement. Grantee is solely responsible for
the maintenance, repair, replacement, removal, and insurance of the improvements that it makes
EXHIBIT D
FBT Muhi•Use Path, Drainage and Utilities Easement - edit 20014
in, on, over, across, through, and under the Easement Area. Notwithstanding anything to the
contrary herein, Grantee shall not at any time impair or hinder Grantor's or Grantor's invitees',
permittees', or licensees' access over portions of the Easement Area required for ingress or
egrees to and from Grantor's Property from Post Road or any current vehicular access point
without the prior approval of Grantor not to be unreasonably withheld.
2. Relationship to 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 hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
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. Severability In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
5. Captions and Pronoun Usage The captions and section numbers in this Easement
are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. Governing Law This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may
not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's Office,
Franklin County, Ohio with reference made to this Easement.
8. Benefit This Easement shall run with the land and inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Authority Grantor represents and warrant that it has the full right and authority
to enter into this Easement and grant the rights hereby conveyed to Grantee.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
FBT Multi -Use Path, Drainage and Utilities Easement edit 22014
in, on, over, across, through, and under the Easement Area. Notwithstanding anything to the
contrary herein, Grantee shall not at any time impair or hinder Grantor's or Grantor's invitees',
permittees', or licensees' access over portions of the Easement Area required for ingress or
egress to and from Grantor's Property from Post Road or any current vehicular access point
without the prior approval of Grantor not to be unreasonably withheld.
2. Relationship to 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 hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
3. Waiv er. 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 some 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. Sagrabilit . In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
S. Captions s and Pronoun Usaee The captions and section numbers in this Easement
are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. Governing Law This Easement shall be governed by and construed in
accordance with the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may
not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's Office,
Franklin County, Ohio with reference made to this Easement.
8. Benefit This Easement shall nm with the land and inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Autberi Grantor represents and warrant that it has the full right and authority
to enter into this Easement and grant the rights hereby conveyed to Grantee.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
GRANTEE:
CITY OF DUBLIN, 0II10,
an Ohio municipal corporation
Marsha Grigsby, City Manager
FaT Muko -Un Path, Dmi mleaad Milhia Fanner - edd 2/`014
GRANTOR:
DUBLIN SENIOR COMMUNITY LSP, LLC
an Oklahoma limited liability company
By: Gemini Partners. LLC
Its Manager
By.
STATE OF OHIO )
)ss-
FRANKLIN COUNTY )
Name:
Its Manager
BE IT RE MEMBERED, that on this _e_ day of _ h I , 2014, 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 ad and deed for and on behalf of the municipal corporation.
IN TEsTIMoNY WHEREOF, I have hereunto subscribed my name and affixed my official
n the day and year last aforesaid.
!.. p.RIAL
NO RY PUALIC ,` ?��` I �� q � , � ' ' ::JENNIFER L. DELGADO
My Commission expires: / �( _ _ NOTARY PUBLIC
Z
COMM. Expires
rte '' %sr._ . .:o .A�• January 07, 2018
STATE OF OKLAHOMA :
COUNTY OF TULSA
. ss.
BE IT REMEMBERED, that on the _ day of , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
. as Manager of Gemini Partners, LLC, as Manager of DUBLIN
Senior Community LSP, LLC., an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTARY PUBLIC
My Commission expires:
Stewart Titre Agency Vly`
of Columbus Box
This Instrument Prepared By:
Philip K. Hartmann, Esq.
Frost Brown Todd LLC
COLIAmry 0127206 0607928 5266160
FBT M6110JSe P^ I)flfflW Md t fiV3 FW=M edit 22014
GRANTOR:
DUBLIN SENIOR COMMUNITY LSP, LLC
an Oklahoma limited liability company
By: Gemini Partners, LLC
Its Manager
Bx
Name. , ;
Its Manager
STATE OF OKLAHOMA
ss.
COUNTY OF TULSA
BE IT REMEMBERED, that on the a day of O , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
LAY, IIia*" F T6oma -i as Manager of Gemini Partners, LLC, as Manager of DUBLIN
Senior Community LSP, LLC., an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NY��C.
NoT ICY PusLlc
My Commission expires: 1 -5I - y[ l5
Clary Ptlhft
State of Oklahoma
M.J. KNOBLETT
TULSA COUNTY
^, COMMISSION #07001087
Comm. EX R. 01 -31 -2015
FBT Multi -Use Path. Drainage and Utilities Fesanent — edit 22014
E p�p yL
r
CW8 & Envtronmentol Consultants, Inc.
Gel'ebrating 25 bears
Proposed 15' Multi -use Path, Drainage and Utilities Easement
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3452,
and being 0.100 acres within a 5.330 acre tract in the name of Dublin Senior Community LSP, LLC, as
described in Instrument Number 200803180041389, all records herein are from the Recorder's Office,
Franklin County, Ohio, said 0.100 acres being more particularly described as follows:
Beginning for a Reference, in the centerline of Post Road (60' R/W) at the southeasterly comer of said
5.330 acre tract also being the southwesterly corner of an 8.377 acre tract in the name of Dublin Senior
Community DRV, LLC as described in Instrument Number 200511080237125;
Thence North 02 °36'32" East, along the westerly line of said 8.377 acre tract, a distance of 30.00 feet to
the northerly right of way line of said road being the True Place of Beginning of the tract herein being
described;
Thence North 87 0 23'34" West, with said right of way line a distance of 69.92 feet to a point;
Thence North 87°04' 15" West, with said right of way lime a distance of 220.18 feet to the easterly line of
a 22.166 acre tract in the name of the City of Dublin as described in Official Record 11008, Page D03;
Thence North 05 °53' 11" West along the easterly line of said 22.166 acre tract a distance of 15.18 feet to a
point;
Thence South 87°04' 15" East through said 5.330 acre tract a distance of 222.46 feet to a point;
Thence South 87°2314" East, continuing through said 5.330 acre tract a distance of 69.87 feet to the
westerly line of said 8.377 acre tract;
Thence South 02°36'32" West, with said westerly lime a distance of 15.00 feet to the True Place of
Beginning, containing 0.100 acres more or less.
ohn J. Raab P.S. 7863 Date
F . A
O
t :'JOHN lEi rRfY`-
RAA6
7863 ` g
O,o'•.' P,�:O: t�i it
S���,.
8740 Orion Place. Suite 100 1 Columbus, OH 43240 1 p: 614.540 -6633 (: 614- 540.6638 1 www.cecinc.com
0
NORTH
� I
k I
CITY OF DUBLIN
tt?T 22 166 ACRE TRACT (A -1 )
O.R. 11008, PC. D03
3
I
N 553'11• W I
15.18'
-a-
y, �M/N�trri►�s�
`dOHN.I'
7863 g
EASEMENT PLAT
SITUATED IN THE STATE OF OHIO, FRANKLIN COUNTY, CITY OF DU13UN
VIRGINIA MILITARY SURVEY 3452
i
DUBLIN SENIOR COMMUNITY LSP, LLC DUBLIN SENIOR COMMUNITY DRV, LLC
5 330 ACRE TRACT 8.377 ACRE TRACT
INSTf. 200803180041389 /NSTj.- 2005110802J%125
PARCEL 49/. 27J-0122J5-00 PARCEL IDI- 2 73 - 003959 -00
0.100 ACRES
S BT04' 22 46'
ry n r04' 15' W 220.18' r..i. L � G�.7_.✓�11.�.�L LL 2'36'32" W
N 8T23'34" W 69.92' 15.00' —
-- -_POST RCI4D N 2'36'32' E PoB
(60' RVCM OF WAY 3 0.00'
REF PT.
R I 'CIVIL dr ENVIRONMENTAL CONSULTANTS, INC
JOHN J. RMS
PROFESSIONAL SURVEYOR NO.: 7863
SCALE IN FEET
0 50 100
BASIS OFBEAR/NGS
THE BEARINGS ARE BASED BETWEEN TWO FOUND IRON
PIPES ON THE EASTERLY LINE OF A 13.707 ACRE
TRACT CONVEYED TO DUBLIN SENIOR COMMUNITY
LIMITED PARTNERSHIP, BY DEED OF RECORD IN
OFFICIAL RECORD 26033, PAGE 804, HAVING AN
ANGLE OF SOUTH 52'28'56" WEST.
k
Civil & Environmental Consultants, Inc.
8740 Orion Place, Suite 100 . Columbus, OH 43240
614- 540 - 8633.8883986808
www.cacft.com
PROPOSED 15' MULTI -USE PATH,
DRAINAGE AND UTILITIES EASEMENT
Situate In
CITY OF DUBLIN
FRANKLIN COUNTY AND STATE OF OHIO
Made For
DUBLIN SENIOR COMMUNITY LSP, LLC
MARCH 2014 t'—C: 1'.50' exnrerr
KAO jGH Y: JJR A
- 06
ZED,
APR 17 2M
OARM E MIFI00 N
AUDffOR
FRANKLIN OOIMTY, OW
IIIII I NN li Ifl II IIN I III I II I I Illl II II(I I III
2 0 1 404170046998
Pas 8 fw 00 720140028288
04/17/2014 1 39PM BXSTEIIRRT T17
Terry J Brown
Franklin County Recorder
Portion above reserved for State of Oluo Auditor, Engineer and Recorder's Offices use
EASEMENT FOR SANITARY SEWER
5r,- 1�-
THIS EASE NT FOR SANITARY SEWER (THE "Easement') is made and entered into
this _Ly day of 1. / 2014 by and between DUBLIN SENIOR CO MMUN ITY LSP,
LLC, an Oklahoma limited liability company ( "Grantor "), whose tax mailing address is 1516 South
Boston Avenue, Suite 301, Tulsa, Oklahoma 74119, for and in consideration of One Dollar ($1.00)
and other valuable considerations paid by the CITY OF DUBLIN, OHIO, an Ohio municipal
corporation ( "Grantee "), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantor owns the real property known as Franklin County Auditor's Parcel No.
273 - 012235 (the "Grantor Property");
WHEREAS, Grantee desires an easement over those portions of the Grantor's 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 a sanitary sewer thereon; and
WHEREAS, Grantor desires to grant easements over the Easement Area for the benefit of
Grantee, upon the terms and conditions set forth in this Easement.
STATEMENT OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the foregoing Background Information and as
follows:
Grant of 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, operate,
maintain, repair and replace underground lines, conduits, valves, regulators and all other
appurtenances (collectively "Facilities "); (ii) to add to, operate, maintain, repair, replace,
remove or relocate any Facilities and to perform such grading work as Grantee deems
necessary in connection therewith; and (iii) ingress and egress over those portions of
Grantor's Property reasonably necessary to facilitate Grantee's use of the Easement Area
as permitted hereby. Grantee, as soon as reasonably practicable after construction of the
Facilities, including any alterations and repairs thereto, and completion of the grading
work shall cause the Easement Area to be restored to their former condition as nearly as
is reasonably practicable. Grantee shall have the right to remove any and all vegetation
growing within the Easement Area as is reasonably necessary to facilitate Grantee's use
thereof as permitted by this Easement. Grantor has the right to enter on the Easement
Area for any purpose whatsoever provided such entry by Grantor does not in any way
impair or hinder the rights granted to Grantee in this Easement.
2. Relationship to 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
EXHIBIT E
FBT Sanitary Sewer Easement Company - edit 2/2014
provision contained herein or any act of the parties hereto shall be deemed to create any
relationship other than Grantor and grantee of the rights and easements set forth herein.
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. Severability In the event any provision of this Easement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
5. Captions and Pronoun Usage The captions and section numbers in this Easement are for
convenience only and shall not be deemed to be a part hereof. The pronouns used herein
shall be considered as meaning the person, number and gender appropriate under the
circumstances at any given time.
6. Governing Law This Easement shall be governed by and construed in accordance with
the laws of the State of Ohio.
7. Modification This Easement, or any easement or covenant set forth herein, may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a
written instrument executed by the parties hereto and recorded with the Recorder's
Office, Franklin County, Ohio with reference made to this Easement.
8. Benefit This Easement shall run with the land and inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, representatives, successors
and assigns.
9. Authori . Grantor represents and warrant that it has the full right and authority to enter
into this Easement and grant the rights hereby conveyed to Grantee.
10. Release. Grantor, its successors and assigns, hereby release Grantee from any further
claims for compensation or claims for damages resulting from this grant, except that
Grantee shall not be released from liability for damage caused to the Property as a result
of its gross negligence or that of its employees, agents or contractors.
11. Runs with the Land. The agreements in this Grant of Sanitary Sewer Easement shall run
with the land and be binding upon and inure to the benefit of the respective heirs, personal
representatives, successors, transferees, and assigns of Grantor and Grantee.
{Signatures and Acknowledgements on the following pages}
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
FBT Sanitary Sewer Easement Company edit 1'2014
X"I faR
DUBLIN SENIOR COMMUNrrY LSP, LLC
an Oklahoma limited liability company
By: Gemini P , LL is Manager
By.
AS Manager
STATE OF OKLAHOMA
COUNTY OF TULSA
ss.
BE IT REMEMBERED, that on the Li L day of 2014, before me the
subscriber, a Notary Public in and for said state and coup , personally came the above named
William F. Thomas, as Manager of Gemini Partners, LLC, as Manager of Senior Community
LSP, LLC, an Oklahoma limited liability company, who acknowledged the foregoing
instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTA UBLIC
My Commission expires: _615
Notary Public
State of Oklahoma
M.J. KNOBLETT
TULSA COUNTY
' 00 CCMMBSION "070010807
Comm. Ex .01.31.2015
FBT Sanitary Sewer Eneotent Company —edit 2/2014
GRANTOR:
DUBLIN SENIOR COMMUNITY LSP, LLC
an Oklahoma limited liability company
By: Gemini Partners, LLC, Its Manager
By:
Its Manager
STATE OF OHIO }
}ss.
FRANKLIN COUNTY )
GRANTEE:
CITY OF D UBW N, OHIO,
an Ohio municipal corporation
B
Marsha Grigsby, City M ager
BE IT REMEMBERED, that on this I day of _ , 2014, 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 the municipal corporation.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my official
se on the day and last aforesaid.
S ""
My Commission expires: / Z /� /2 W jRIA
E NNIFERL.DELGADO
NOTARY p"m ,
STATE OF OKLAHOMA :
COUNTY OF TULSA
REFM
STATE OF OHIO
COMM. Expires
Jonuory 02, 2018
BE IT REMEMBERED, that on the _ day of , 2014, before me the
subscriber, a Notary Public in and for said state and county, personally came the above named
, as Manager of Gemini Partners, LLC, as Manager of Senior
Community LSP, LLC, an Oklahoma limited liability company, who acknowledged the
foregoing instrument to be his/her voluntary acts and deeds.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid.
NOTARY PUBLIC
My Commission expires:
Stewart Title Agency
Of Columbus bux
This Itlslrument Prepared By:
Philip K. Hartmann, Esq.
Frost Brown Todd LLC
c� 1U 3 ;' -9 9R�
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FBT seMmry sewn MWffMd Cmnireay - 00 =14
as a rya ccnsuiores, hx.
Gelebratinq 25 bears
20' Sanitary Sewer Easement
Situated In the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3452,
and being 0.103 acres within a 5.330 acre tract, conveyed to Dublin Senior Community tSP, LLC., by
deed of record In Instrument Number 2008(13280041389, all records herein are from the Recorder's
Office, Frarddln county, Ohio, said 0.103 acres being more particularly described as follows:
Beginning for a Reference, at the southwesterly corner of said 5.330 acre tract;
Thence North 05'53'11" West, 8" the westerly line of said 5.330 acre tract, a distance of 369.41 feet,
to the True Place of Beginning
Thence across said 5.330 acre tract the following eight (8) courses
1) North 05'53'11° West, a distance of 2033 feet to a point;
2) North 73'48'56" East a distance of 26.84 feet to a point;
3► North IW3S'17' East a distance of 161122 feet to a point;
4) South 69'35'03" East, a distance of 36.50 feet to a point;
51 South 03'13'37' East a distance of 21.83 feet to a pohrt;
6) North 69'35'03' West, a distance of 41.58 feet to a point;
7) South 89'35'17" West a distance of 153.78 feet to a point,
8) South 73'48'56" West a distance of 27.70 feet to the True Place of Begtmdng, containing
0.103 acres (4,466 square feet), more or less.
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JOHN J. Rma
PROFESSMAL SURVEYOR NO.: 7863
Civil & Environmental Consultants, Inc.
8740 O*m PAM SUVA 100 • OolubLa OH 43M
61445404= • samoo-ame
PROPOSED ZY
SANITARY SEWER EASEMENT
slums tn
CITY OF DUBUN
FRANKLIN COUNTY AND STATE OF OHIO
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DUSILIN SENIOR COMMUNITY LSP, U-C
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DUSUN SENIOR COMMUNITY DRV, LLC
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...........
1CML & EWRONMWAL OONS w- I-
JOHN J. Rma
PROFESSMAL SURVEYOR NO.: 7863
Civil & Environmental Consultants, Inc.
8740 O*m PAM SUVA 100 • OolubLa OH 43M
61445404= • samoo-ame
PROPOSED ZY
SANITARY SEWER EASEMENT
slums tn
CITY OF DUBUN
FRANKLIN COUNTY AND STATE OF OHIO
MUM For
DUSILIN SENIOR COMMUNITY LSP, U-C
and
DUSUN SENIOR COMMUNITY DRV, LLC
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