Ordinance 035-14RECORD OF ORDINANCES
Inc.
Forth No.
Ordinance No.
35 -14
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT
AND RECEIVE A 0.002 ACRE, MORE OR LESS, PERMANENT
STORM WATER EASEMENT DONATED BY JACK M. MCKITRICK
AND SUE E. MCKITRICK, FOR THE PROPERTY LOCATED AT 5945
DUBLIN ROAD FOR THE IMPROVEMENTS OF A MULTI -USE PATH
AS PART OF THE DUBLIN ROAD SOUTH PHASE 3 PROJECT.
WHEREAS, the City of Dublin (the "City ") is preparing to construct a multi -use path
along Dublin Road (the "Project'j; and
WHEREAS, said Project requires that the City obtain a permanent storm sewer
easement within Franklin County Parcel No. 270- 000400 owned by Jack M. McKitrick
and Sue E. McKitrick (the "Grantors "), said property interest more fully described in
the Exhibit labeled "A" and depicted in the Exhibit labeled "B," all attached hereto;
and
WHEREAS, the City desires to receive as a donation from Jack M. McKitrick and Sue
E. McKitrick a permanent storm sewer easement described in the attached Exhibit "A"
and depicted in the attached Exhibit "B" located in the City of Dublin, County of
Franklin, State of Ohio; and
WHEREAS, this donation will require Jack M. McKitrick and Sue E. McKitrick to
execute a Grant of Easement to the City of Dublin without consideration or
compensation.
NOW, THFEFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 7 of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to accept and receive a deed of
easement for a permanent storm sewer easement related to the donation from Jack
M. McKitrick and Sue E. McKitrick.
Section 2. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
this 4 of 2014.
— Presiding Officer
ICI - 1 "7�1
Clerk of Council
AF
Wrodd.; r
ATTORNEYS
MEMORANDUM
To: Dublin City Council
Marsha Grigsby, City Manager
Paul Hammersmith, City Engineer
From: Philip K. Hartmann
Date: May 1, 2014
Re: Ordinance No. 3 5 -14
Dublin Road South Multi -Use Path Project
Jack M. McKitrick and Sue E. McKitrick - Donation
PROJECT BACKGROUND
The City of Dublin ( "City ") is preparing to construct a multi -use path along Dublin Road (the
"Project "). The City is obtaining certain permanent property interests from various landowners
to construct the path, as well as also acquiring temporary easements to perform minor grading
and construction.
Jack M. McKitrick and Sue E. McKitrick (the "Grantors ") own one of the properties from which
the City desires a permanent storm water easement. This property is identified as Parcel No.
270 - 000400 and is located at 5945 Dublin Road, Dublin, OH 43017.
The City has reached an amicable resolution with the Grantors. This Ordinance authorizes the
City Manager to accept a donation of the necessary property from Jack and Sue McKitrick.
PROPERTY TO BE APPROPRIATED
The appropriation consists of the following property interests, as depicted in the map attached
hereto:
Franklin County Parcel No. 270 - 000400
Permanent Easement 0.002 acre, more or less
Frost Brown Todd LLC
Memo re. Ordinance 35 -14 — Easement Donation — Jack and Sue McKitrick
May 1, 2014
Page Two
RECOMMENDATION
The Law Department recommends approval of Ordinance No. 35 -14 at the second reading/public
hearing on May 19, 2014 to accept the donation from Jack M. McKitrick and Sue E, McKitrick
and continue moving the Project forward.
Portion above reserved for County Recorder, Engineer and Auditor's Offices i!se
PERPETUAL EASEMENT
FOR A STORM SEWER
THIS PERPETUAL EASEMENT FOR A STORM SEWER (the "Easement ") is made and entered
into this day of 2014, by and between Jack M. McKitrick and Sue E.
McKitrick ( "Grantors "), whose mailing address is 5945 Dublin Road, Dublin, Ohio 43017, and the
City of Dublin, Ohio, an Ohio municipal corporation ( "Grantee "), whose mailing address is 5200
Emerald Parkway, Dublin, Ohio 43017.
BACKGROUND INFORMATION
WHEREAS, Grantors own the real property known as Franklin County Auditor's Parcel No.
270 - 000400 (the "Grantors' Property");
WHEREAS, Grantee desires to accept and receive as a donation a perpetual storm sewer
easement over those portions of the Grantors' 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 storm sewer; and
WHEREAS, Grantors desire to donate a perpetual storm sewer easement 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 Pemetual Easement Grantors donate and grant to Grantee, its agents,
employees, independent contractors, and successors and assigns, a perpetual, non - exclusive
easement in, through, over and under the Easement Area for the following purposes: (i) to
construct lines, conduits, valves, regulators and all other appurtenances necessary, in Grantee's
sole discretion, for the operation of storm sewer and drainage facilities within the Easement Area
(collectively "Facilities "); (ii) to add to, operate, maintain, repair, replace or remove any
Facilities; and (iii) of ingress and egress over those portions of Grantor's Property reasonably
necessary to facilitate Grantee's use of the Easement Area. Grantee, as soon as reasonably
practicable after installation of the storm sewer, including any alterations and repairs thereto, and
completion of the grading work shall cause the Easement Area to be restored to its 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. Grantors have the right to enter on the
Easement Area for any purpose whatsoever provided such entry by Grantors does not in any way
impair or hinder the rights granted to Grantee in this Easement.
2. Relationship of Parties Nothing contained herein shall be deemed or construed
by the parties or by any third party as creating the relationship of principal and agent, of
partnership or of joint venture between the parties, it being understood and agreed that no
provision contained herein or any act of the parties hereto shall be deemed to create any
relationship other than grantors 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. Capons 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 ty . Grantors represent and warrant that they have 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.
GRANTORS:
GRANTEE:
City of Dublin, Ohio, an Ohio Municipal
Jack M. McKitrick Corporation
Sue E. McKitrick
Marsha I. Grigsby, City Manager
[ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE]
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
BE IT REMEMBERED, that on this day of , 2014, before me, the
subscriber, a Notary Public in and for said county and state, personally came Marsha I. Grigsby,
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 seal on the day and year last aforesaid.
Notary Public
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
BE IT REMEMBERED, that on this day of 2014, before me, the
subscriber, a Notary Public in and for said county and state, personally came Jack M. McKitrick,
Co- Grantor, who acknowledged the signing thereof to be his free act and deed for the purpose
stated therein.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
STATE OF OHIO )
)ss.
FRANKLIN COUNTY )
BE IT REMEMBERED, that on this day of , 2014, before me, the
subscriber, a Notary Public in and for said county and state, personally came Sue E. McKitrick,
Co- Grantor, who acknowledged the signing thereof to be her free act and deed for the purpose
stated therein.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
Philip K. Hartmann
Frost Brown Todd LLC
One Columbus
10 West Broad Street
Columbus, Ohio 43215
COLUbIary0127206.0607928 534457vl
EXHIBIT A
loft
CIP 08-009
PARCEL 24 -P
PROJECT DUBLIN MUP
Version Date 0421114
PARCEL 24-P
DUBLIN ROAD SOUTH MULTI -USE PATH
PERPETUAL EASEMENT
FOR A STORM SEWER
Situate in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey 2419, being a part of Lot 4 LEPPERT SUBDIVISION as recorded in Plat Book
27, Page 13, as conveyed to Jack M. and Sue E. McKitrick, by deed of record in Official Record
4705 G14, records of the Recorder's Office, Franklin County, Ohio, and being more particularly
described as follows:
Beginning for Reference at the southeast corner of said Lot 4 in the existing westerly
right -of -way line of Dublin Road, being 40.00 feet left of centerline station 147 +69.39;
Thence North 05 deg. 26 min. 35 sec. East, a distance of 39.49 feet along the easterly line
of said Lot 4, and along the existing westerly right -of -way line of Dublin Road, to a point being
40.00 feet left of centerline station 148+08.88, and being the Point of True Beginning;
Thence North 84 deg. 33 min. 25 sec. West, a distance of 10.00 feet across said Lot 4 to a
point being 50.00 feet left of centerline station 148+08.88;
Thence North 05 deg. 26 min. 35 sec. East, a distance of 10.00 feet across said Lot 4 to a
point being 50.00 feet left of centerline station 148 +18.88;
Thence South 84 deg. 33 min. 25 sec. East, a distance of 10.00 feet, across said Lot 4 to a
point in the easterly line of said Lot 4 in the existing westerly right -of -way line of Dublin Road,
being 40.00 feet left of centerline station 148 +18.88;
Thence South 05 deg. 26 min. 35 sec. West, a distance of 10.00 feet, along the easterly
line of said Lot 4, and along the existing westerly right -of -way line of Dublin Road to the Point
of True Beginning, containing 0.002 acres, more or less.
Of the above described area, 0.002 acres are contained within Franklin County Auditor's
Parcel 270- 000400.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83
(86), as established from a GPS survey in 2008, occupying Franklin County Geodetic Control
Monuments "FRANK 73" and "FCGS 6642 RESET".
This description was prepared by Steven E. Rader, registered surveyor 7191, and is based
upon a field survey for the City of Dublin, Ohio, in 2008 by Stantec Consulting Services, Inc.,
under the direction of said surveyor.
Grantor claims title by the instrument of record in Official Record 4705 G14, of the
Recorder's Office, Franklin County, Ohio.
A drawing of this description is attached hereto and made part thereof.
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RADER
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•• PORTION OF THE PROPOSED EASEMENT
LYING WITHIN AN EXISTING EASEMENT
EXHIBIT B
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LOT 5
LEPPERT
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LOT 3
SUBDIVISION
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JACK M. &SUE E. McKITRICK CD
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DUBLIN ROAD �— ORIG. TANGENT C/L
BEGIN FOR
REFERENCE
EX R/W
NUMBER DIRECTION DISTANCE
MONUMENT LEGEND
PARCEL 24 —P
DUBLIN ROAD SOUTH
s E 39.49'
L7 N 05'26'35"
17 R.R.S. FOUND
MULTI —USE PATH
L2 N 84'33'25" W 10.00'
O REBAR FOUND
L3 N 05'26'35" E 10.00'
O IRON PIN FOUND
WASHINGTON TWP., FRANKLIN COUNTY, OHIO
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Columbus, Ohio 43204
SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
RADER "
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^ USING G.P..S. METHODS THROUGH THE FRANKLIN
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THOMAS A McDOMELL AND I I I I I
ALIEN E. McDOMELL, TRUSTEES
DATA
CURVE NO, 19
CURVE I I IX. 1 QI _
P.I. STA. 47 +48.79
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