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Home My WebLink About005-02 OrdinanceRECORD OF ORDINANCES Ordinance No .........................05.-02......................... Passed .................................................................., ................... AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCLUSIVE EASEMENT WITH AMERITECH FOR A PROPOSED CONTROLLED ENVIRONMENT VAULT (CEV) MANHOLE NECESSARY TO SUPPORT THE ENTIRE BALLANTRAE DEVELOPMENT AND GOLF COURSE WHEREAS, the City of Dublin has received a request from Ameritech for an exclusive Ameritech site easement; and WHEREAS, the easement is for a proposed controlled environment vault (CEV Manhole) located within a 30-foot by 50-foot easement; and WHEREAS,the location is on the south side of Woerner Temple, west of Avery Road and near the Ballantrae traffic circle; and WHEREAS, the 2.64-acre City-owned property on which the easement will be located was acquired by the City in October 2000, and is adjacent to the east property line of the Ballantrae Golf Community; and WHEREAS, landscape screening of the above-ground manhole entrance will be provided by Ameritech, as requested by the City; and WHEREAS, this Ameritech infrastructure is necessary to support the entire Ballantrae development and golf clubhouse. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~7 of the elected members concurring: Section 1. The City Manager is hereby authorized to execute an agreement with Ameritech for an exclusive Ameritech site easement. The easement is located on the south side of Woerner Temple Road west of Avery Road and near the Ballantrae traffic circle. Section 2. This ordinance shall take effect and be in force from and after the earliest date allowed by law. th Passed this ~ day of ~ r u~ r ~ , 2002. Mayor -Presiding Officer Attest: ~~ ~'~.. Cler of Council ~ CITY OF DUBLIN Office of the City Manager 5200 Emerald Parkway, Dublin, Ohio 43017-1006 Phone: 614-410-4400 / Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Marsha Grigsby, Acting City Manager •~ Date: January 16, 2002 Re: Ordinance No. 05-0.2 ~~ a Ballantrae Golf Course Community -Ameritech Easement Request Initiated by: Balbir S. Kindra, Director of Engineering/City Engineer The Engineering Division has received a request from Ameritech for an exclusive Ameritech site easement. The easement is for a proposed controlled environment vault (CEV Manhole) located within a 30-ft by 50-ft easement. The location is on the south side of Woerner Temple west of Avery Road and near the Ballantrae traffic circle. The 2.64-acre city owned property the easement will be located on was acquired by the city in October 2000 and is adjacent to the east property line of the Ballantrae Golf Community. This Ameritech infrastructure is necessary to support the entire Ballantrae development and golf clubhouse. Placement of the easement has been coordinated between Engineering staff and Ameritech. Landscape screening of the above ground manhole entrance will be provided by Ameritech as requested by the city. Ameritech has agreed to pay $7,000.00 to the City as compensation for the easement. Engineering staff recommends your approval of this ordinance. 1:U'owicii\Counci12002\Ballentrae -Ameritech CEV Vault Easement Request.doc AMERITECH EXCLUSIVE EASEMENT Undertaking No. Parcel Number: 2161718 For a valuable consideration of one dollar ($l .00), receipt of which is hereby acknowledged, the undersigned (Grantor) CITY OF DUBLIN hereby grants and conveys to Ohio Bell Telephone Company a.k.a. Ameritech Ohio Inc., an Ohio Corporation, and its affiliates and licensees, successors and assigns (collectively "Grantees") an exclusive easement in, under, and across the Easement Area (described below), for the purposes of and in order to construct, reconstruct, modify, supplement, maintain, operate and/or remove facilities for the transmission of signals used in the provision of communication, video and/or information services and/or any other services or uses for which such facilities may be used including, but not limited to poles, guys, anchors, and messenger strand, equipment cabinets or enclosures and support posts or pads, cables, wires, pedestals, or other above-ground cable or wire enclosures, marker posts, and signs, and other related or useful equipment, fixtures, appurtenances and facilities, together with the right to have commercial electrical service extended across the Property (described below) and Easement Area to provide service to such facilities and the right of ingress and egress across the Property and the Easement Area for the purpose of access to and use of the easement granted herein. The property is legally described as being situated in the State of Ohio, County of Franklin, Township of Washington and being Virginia Military Survey #3004, and being parcel No. 1 of M. JEANNETTE MCDOWELL'S WOERNER-TEMPLE ROAD UNRECORDED PARCEL PLAT, Auditor's Office, Franklin County, Ohio. The Property is legally described on Exhibit "A" attached hereto and made a part hereof. Being the same property as recorded in: IN#200010100204905 Franklin The Easement Area as shown on Exhibit "A" attached hereto and made a part hereof: County Records. With each and every right given to the Company by this easement, the Company shall have the perpetual right and easement to place one (1) Controlled Environment Vault (hereinafter referred to as a CEV Manhole). The CEV Manhole is a concrete ~. structure, equipped with a raised-type aboveground entranceway as shown and delineated upon the attached drawing marked Exhibit "B" and made a part hereof. The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of the Property and has full right and power to grant and convey the rights conveyed herein. Grantee hereby agrees to restore all property disturbed by its activities in use of the easement to the condition existing prior to the disturbance. Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is necessary to exercise the rights conveyed herein. The Grantor shall not construct improvements in the Easement Area or change the finish grade of the Easement Area without the consent of the Grantee. The Grantor agrees that, due to the exclusive nature of the grant herein conveyed, no other use of the Easement area shall be made by anyone, including Grantor, without the consent of the Grantee. This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. Signed and Acknowledged .. in the Presence of: (Witness Sign e) (Witness Printe ) ~Z ~~ ~ w ~'"""' (Witness Signature) (Witness Printed) ~~~ ~ ~ GRANTO (Signature (Grantor Print Name & Title if Applicable ~,,r..~ ~u~C' GRANTOR (Signature) (Grantor Print Name & Title if Applicable) STATE OF OHIO COUNTY OF ~j~-t ~yZ~.r.~ Personally appeared before me, a Notary Public, in and for said County and State,. this who aclrnowle ged the execution of the above easement. ~q Notary Pu lic Signature /~-~~ h uQ- L-~ ~~ day of /ie~ Notary Public Printed ~p~~~~g1~ALr~~~Fo~~~ ' ~, Ameritech Ohio, Inc. My Comm ° ~''- 9 150 East Gay Street ~ ~ ~~( PUBLIC, STATE OF OHIO Columbus, Ohio 43215 ~ L:7 G ;':,~riISSIG?J EXPIRES MAY 19, 2004 r srq ~~o,: This document was drafted by the Ameritech Legal Department, 225 W. Randolph Street, Chicago, IL 60606 Fishel Number 990001 2161718-85621 KS eritech SUPPLEMENTAL EASEMENT AGREEMENT Dear Ken, This letter is a supplement agreement to the right-of-way and easement granted by you to Ameritech Ohio Inc. as evident by an Easement executed on the day of on a parcel of land situated in the township of .~ ~j~/,~2~~~~--' County, Ohio. Ameritech Ohio, Inc. will pay you in the amount of as compensation for the easement granted. ~i~s~~r' ~~~~-add3/D /~ir~rh:.T~L /,~~V ,~ic~ ~~~~~ . O PA RE ESENTATIVE Ameritech Ohio, Inc. 150 East Gay Street, Columbus, Ohio 43215 Job # F# EXHIBIT "A" DESCRIPTION OF AN AMERITECH EXCLUSIVE EASEMENT (The Ohio Bell Telephone Company) Situated in the City of Dublin, County of Franklin, State of Ohio, and being an exclusive easement out of a 2.644 acre pazcel of land conveyed to The City of Dublin (hereon referred to as grantor) ,~,,~ as recorded in Instrument Number 200010100204905 of the Recorder's Off ce Franklin County, Ohio and being more particularly described as follows: Commencing for reference at a Franklin County monument number 2211 (reset), found at the centerline intersection of Woerner Temple Road (right-of--way varies) and Avery Road; Thence S 80° 55' 28" W 1,748.65 feet along the centerline of Woerner Temple Road to a point; Thence S 08° 57' OS" E 30.00 feet leaving said centerline to a point on the south right-of--way line of Woerner Temple Road, said point being the POINT OF BEGINNING of the exclusive Ameritech easement hereon described: Thence through the grantor's land on new division lines the following three courses; S OS° 57' OS" E 50.00 feet to the southeast corner of said easement; S 81° 02' S5" W 30.00 feet to the southwest corner of said easement; N OS° 57' OS" W 50.00 feet to the northwest corner of said easement, and the south right-of--way of Woerner Temple road. „~. Thence N 81° OZ' S5" E 30.00 feet along the south right-of--way line of Woerner Temple Road to the northeast corner of said easement being the POINT OF BEGINNING of the exclusive easement herein described and containing 0.034 acres or 1,500 square feet of land. A drawing of this description is attached here o and is thereof. ,,,,,,.-~~ OF O ,,~,,,t~1 ~..... ~?-~ MARK 'tom ' HANNAH -° PS-7500 ~ ~``•9 0.• ~ ~~ 61718-85621a EXHIBIT . "A" TO AN EASEMENT DATED SCALE: N. T. S. FROM CITY OF DUBLIN TO CITY OF DUBLIN THE OHIO BELL TELEPHONE COMPANY TWP. OF dba AMERITECH COUNTY OF FRANKLIN STATE OF OHIO NORTH ~o _~ ~ ~°~ ~~ ~~ 1~ 1 1 ~o -'o „ „ ,. S80'S5'2g1y 1748-~~ P.O.C. 2211 RESET ~ (R~ VARIES) ~O~RNER TE~lPL1~ MUN fN0 ~.. l~ b n CITY OF lXIBLIN INSTR ,200010100204905 TRANSFER DATE 10/1%0 2.644E ACRD'S PAId^EL X27'4-000310 _ THLS DOCUMENT WAS PREPARED BY THE FISHEL RE UESTER K SCHROECK COMPANY FOR THE LI1tITED USE OF THE OHIO BELL DRAliN BY CL TELEPHONE COMPANY TO IDENTIFY THE EASEMENT CHECKED BY ,T, LOCATION AND IS NOT INTENDED TO REPRESENT AN APPROVED BY ACCURATE SURVEY OF THE PROPERTY. DATE it 02 Oi ED B DATE FILE NAME 85821A THE FISHEL COMPANY-1600 WALCUTT ROAD- COLUMBUS, OHIO 43228-(614 850- 4400 SHEET NO. OF "EXHIBIT B" TO EASEMENT. DATED TO THE OHIO BELL TELEPHONE CO. FROM C.E.V. C.E.V. HEIGM DIMENSIONS A COLLAN 6 TO- ASTING C OVEII AlL 27 108 17154 36 117 18055 48 129 192X 60 141 204Y. 6 MIL. PLASTIC / SHEET r 6 MIL. PLASTIC SHEET END VIEW SUMP PUMP DRY WELL TOP VIEW ~ 1'/." DIA. X 36" P.V.C. PIPE 14" DIA. X 30" PERFORATED P.V.C. PIPE ~.. NOT TO SCALE -MEASUREMENT IN INCHES