2016-80 Wheelchair Ramp Easement - 542 Greenwood

ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO EXECUTE AN EASEMENT TO THE OWNERS OF LOT 2588 ALSO KNOW AS 542 N. GREENWOOD TO THE CITY OF MARION TO INCLUDE A WHEELCHAIR ENCROACHMENT TO THE CITY'S RIGHT OF WAY ON VAN BUREN ST AND DECLARING AN EMERGENCY

WHEREAS, Council finds it necessary to approve a wheelchair encroachment to the City's right of way on Van Buren Street 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 2588, also known as 542 N. Greenwood Street 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 construction of an approved wheelchair ramp, with no expansion of current use, as is more specifically contained within the draft documents attached hereto as Exhibit A & B.

 

Section 2.     That this ordinance is hereby declared an emergency measure necessary for the welfare of the City of Marion and the inhabitants thereof, and to have the construction done as soon as possible due to the individual is in dire need for a wheelchair ramp, and as such, shall take effect and be in force immediately upon its passage and approval by the mayor, provided that it receives the affirmative vote of two-thirds of all members elected to Council, otherwise it shall become effective from and after the earliest period allowed by law.

 

 

                                                            ____________________________

                                                            Dr. Scot Gray

                                                            President of Council

 

Approved:

 

 

___________________________

Mayor Scott Schertzer

 

Attest:

 

 

___________________________

Clerk of Council

 

 

                                                EXHIBIT “A”

                        Ordinance 2016-79

 

LIMITED 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. , 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, FRED WOERLEIN, the “Grantees, a LIMITED 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 structure depicted in the drawing submitted to be built by December 31, 2016; and, the right of maintain or control said structures of their operation THE RIGHT GRANTED HEREIN  SHALL AUTOMATICALLY TERMINATE UPON THE OCCUPANT _________________ NO LONGER RESIDING AT THE PREMISES.  UPON SAID TERMINATION THE RAMP SHALL BE REMOVED AND THE PREMISES RESTORED TO THEIR PRE-CONSTRUCTION CONDITION, ALL AT THE COST OF THE GRANTEE.

 

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 are set forth above 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, shall terminate upon the aforementioned occupant no longer residing at the premises or the demolition of said existing structures, whichever occurs first.

 

IN WITNESS WHEREOF, the City of Marion has hereunto set its hand this ___________day of _____________________, 2016.

 

 

WITNESSES:                                      CITY OF MARION, OHIO

 

                                                                        By:

___________________________      ____________________________

                                                                        Randy Caryer

___________________________      Service Director, City of Marion

 

 

State of Ohio                           )

                                                )SS:

County of Marion                    )

 

            The foregoing instrument was acknowledged before me this ______ day of _____________________, 2016 by Randy Caryer, Service Director.

 

 

                                                                        ____________________________

                                                                        Notary Public

 

 

                                                                                    EXHIBIT “B”

Ordinance 2016-79

 

 

EXCLUSIVE EASEMENT DESCRIPTION, SOUTH SIDE VAN BUREN STREET, WEST SIDE GREENWOOD STREET, CONTIGUOUS TO THE NORTH 33 FEET OF LOT NUMBER 2588, CITY OF MARION, STATE OF OHIO

 

Situated in the City of Marion, Township of Marion, County of Marion, State of Ohio, being an exclusive easement Seven and 10/1OOths (7.l 0) feet in width, located along and with the existing south right-of-way line of   Van Buren Street and contiguous to the north 33feet of  Lot Number 2588 in Ivanhoe Addition to the aforesaid City of Marion, and being more particularly bounded and described as follows:

 

Beginning for the same at the northwest comer of aforesaid Lot # 2588, said point also being1he intersection of the south right-of-way line of aforesaid Van Buren Street with the east right-of­ way line of Greenwood Street;

 

Thence North 00°-00 '-00" East along   and with   the   northerly   projection   of the east line  of Greenwood  Street  a  distance  of  7.10 feet  to  a  point;

 

Thence South 87°-02'-13" East, parallel with the south right-of-way line of aforesaid Van Buren Street, a distance of 51.40 feet to a point;

 

Thence South 00°-00'-00" West, parallel with the aforesaid east right-of-way line of Greenwood Street, a distance of   7.10 feet to a point in the south right-of-way line aforesaid Van Buren Street, and the north line of aforesaid Lot #2588;

 

Thence North 87°-0 2' - 13" West, along and with the aforesaid south right-of-way line of Van Buren Street and the north line of Lot #2588, a distance of 51.40 feet to the place of beginning.

 

The foregoing exclusive easement description was prepared from existing records on file in the Marion County Tax Map Office, Marion Comity Recorder's Office, and Marion County Auditor's Office, by Jacques M. Glaze Land Surveying, LLC , Ohio Registered Surveyor #6817.

 

Bearing reference was "Assumed North".

 

Prior Right-of-Way Record: Ivanhoe Addition, Plat Book 2; Page 149, on file in the Marion County Recorder's Office.