2012-67

ORDINANCE AUTHORIZAING THE SERVICE DIRECTOR TO EXECUTE AN EASEMENT TO THE OWNERS OF LOT 7030 IN J D GUTHERY'S ADDTION TO THE CITY OF MARION TO ADDRESS RECENTLY DISCOVERED PREVIOUSLY APPROVED ENCROACHMENTS TO THE CITY'S RIGHT OF WAY ON MAY ST

WHEREAS, Council finds it was recently discovered previously approved encroachments to the City's right of way on May St. are within the right of way, but not within the traveled portion of the roadway, and

WHEREAS, the Council finds after deliberation it is in the best interest of the citizens of Marion to grant an easement to the owners of Lot 7030 within the J D Guthery Addition to the City of Marion, Ohio as has been done in a couple limited similar instances before,

BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio:

Section 1. The Council finds it necessary and beneficial on behalf of the citizens of the City of Marion, Ohio to authorize the Service Director to execute an easement agreement, approved by the Law Director, granting to the current owners an easement providing for the continued previously approved structures to remain as is, with no expansion of current use, as is more specifically contained within the draft documents attached hereto as Exhibit A & B.

Section 2. This ordinance shall take effect and be in force from and after the earliest period allowed by law.

____________________________
Dave Edwards
President of Council

Approved:


___________________________
Mayor Scott Schertzer

Attest;


___________________________
Clerk of Council


EXHIBIT “A”
Ordinance 2012-67

ENCROACHMENT EASEMENT

KNOW ALL MEN BY THESE PRESENTS, that the City of Marion, an Ohio Municipality, the “Grantor”, as authorized by act of Council in Ordinance No. 2012-68, and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the current owners of record, HAGER & ZEFFIE CONLEY, the “Grantees” their successors and assigns, an easement and right of way with the rights and privileges hereinafter set forth, upon and over the following described premises:

See Exhibit B attached hereto and made a part hereof as if fully re-written describing the easement area.

The easements and rights herein granted shall include only the right to continue to use this easement for the encroachment by the structures that now exist; the right of reasonable ingress and egress upon and across said premises for access to and from said encroachments; and, the right of maintain or control said structures of their operation.

The Grantor reserves the right to use the right of way provided that such use does not interfere with or obstruct the rights herein granted.

This Grant stipulates that no building, obstruction or impediment of any kind other than those that presently exist shall be placed within said right of way without prior written approval of the Grantor. Grantor shall retain the right to claim the use of said right of way to make necessary improvements and/or expansion of its right of way provided that such use does not interfere with Grantee’s existing structures.

TO HAVE AND TO HOLD the said easement, rights and right of way and its appurtenances to said Grantee, and to its successor and assigns, for the life of the existing structures and shall terminate upon the demolition of said existing structures.

IN WITNESS WHEREOF, the City of Marion has hereunto set its hand this ___________day of _____________________, 2012.


WITNESSES: CITY OF MARION, OHIO

By:
___________________________ ____________________________
Jay Shoup
___________________________ Service Director, City of Marion


State of Ohio )
)SS:
County of Marion )

The foregoing instrument was acknowledged before me this ______ day of _____________________, 2012 by Jay Shoup, Service Director.


____________________________
Notary Public
 

EXHIBIT “B”
Ordinance 2012-67

EASEMENT DESCRIPTION, EAST SIDE MILBURN AVENUE, CONTIGUOUS TO LOT NUMBER 7030, CITY OF MARION, STATE OF OHIO

Situated in the City of Marion, Township of Marion, County of Marion, State of Ohio, being an easement ten (10.00) feet in width, located along the east side of the existing right-of-way of Milburn Avenue and contiguous to Lot Number 7030 in J.D. Guthery’s Addition to the aforesaid City of Marion, and being more particularly bounded and described as follows:

Beginning for the same at the southwest corner of aforesaid Lot # 7030, said point also being the intersection of the east right-of-way line of aforesaid Milburn Avenue with the north right-of way line of May Street;

Thence North 88°~55’~07” West, along a westerly projection of the north right-of-way line of aforesaid May Street, a distance of 10.00 feet to a point;

Thence North 00°~38’~48”East, parallel with the east right-of-way line of aforesaid Milburn Avenue, a distance of 116.00 feet to a point in the north line of J.D. Guthery’s Addition, and the north line of Milburn Avenue;

Thence South 88°~55’~07” East, along and with the aforesaid north line of J.D. Guthery’s Addition and the north line of Milburn Avenue, a distance of 10.00 feet to a point in the north line of an unimproved alley and the northeast corner of Milburn Avenue;

Thence South 00°~38’~48”W, along and with the east line of Milburn Avenue, passing over the northwest corner of Lot #7030 at 8.00 feet, a distance of 116.00 feet to the place of beginning.

The foregoing easement description was prepared from existing records on file in the Marion County Recorder’s Office, and Marion County Auditor’s Office, by Jacques M. Glaze Land Surveying, LLC, Registered Surveyor #6817. Bearing reference was taken from plans on file in the Marion City Engineer’s Office for both May Street and Milburn Avenue.

Prior Right-of-Way Record: J.D. Guthery’s 1st Addition, Plat Book 3; Page 45, on file in the Marion County Recorder’s Office.