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HomeMy WebLinkAbout80-02 OrdinanceRECORD OF ORDINANCES Ordinance No............8..0-02 .........................._......._. Passed ......__..._........_........................................., ..__YE~_.... AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND GRANT AN EASEMENT AGREEMENT WITH OHIO BELL TELEPHONE COMPANY A.K.A. AMERITECH OHIO INC. FOR THE DEVELOPMENT OF THE BALLANTRAE GOLF COURSE IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, a goal of Dublin City Council is to continue to work with utility companies for the continued development of the Ballantrae Golf Course; WHEREAS, the City of Dublin desires to convey a utility easement agreement to Ohio Bell Telephone Company a.k.a. Ameritech Ohio Inc. ("Ameritech") to provide telecommunications to all areas of the Ballantrae Golf Course and residential community; WHEREAS, the City desires to execute an easement agreement in a substantially similar form to the attached Exhibit "A" (Ballantrae Section 2 Part 1, Reserve "F"); WHEREAS, Council finds it is in the best interest of the City to execute the easement agreement in a substantially similar to the form attached to Ameritech for the continued development of the Ballantrae Golf Course and residential community. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Dublin City Council authorizes the City Manager to execute an Easement Agreement with Ameritech described as "Exhibit A" -Ballantrae Section 2 Part 1, Reserve "F". Section 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason of executing the Deed of Easement; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~ Y~ day of , 2002. -Presiding Officer ATTEST: ~- ~-~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. d~~ ~ ~c,al... . C rk of Council, Dublin, Ohio AMERITECH NON-EXCLUSIVE EASEMENT Undertaking No. 7167112 For a valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the undersigned (Grantor) THE 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") anon-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, City of Dublin, Virginia Military Survey number 3453. Being the same property as recorded in: IN#200111190267931 Franklin County Records. .- The easement area as shown on exhibit "A" attached hereto 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. This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. Signed and Aclrnowledged in the Presence of: ~~ ( fitness Signature) GRANTO (Signature) (Witness Printed) (With Si re) Uw ~~~ (Witnes Printed STATE OF OHIO COUNTY OF N,e A a~ ~. i .J (Grantor Print Name & Title if App icable ~ a.,Q S3, <- GRANTOR (Signature) Grantor Print Name & Title if Applicable) Personally appeared before me, a Notary Public, in and for said County and State, this ~ t=om day of N ~ ~ 20 ~ ~-, ~` R ~c a N.a 1 . G r i s 6 ~ T~,.c. ~ .+~- C i ~ AYr N ~e who aclrnowledged the execution of the above easement. Public Signature Ameritech Ohio, Inc. 150 East Gay Street Columbus, Ohio 43215 p[,, i N ~ ~ ,L . Notary Public Printed LINDA L. GILLIAM Notary Public, State of Ohio My Commission Expires 09-12-06 My Commission Expires !' ~~ - ~` This document was drafted by the Ameritech Legal Department, 225 W. Randolph Street, Chicago, IL 60606 Fishel Number 990001 7167112-122416 KS EXHIBIT uA" TO AN EASEMENT DATED FROM CITY OF DUBLIN, OHIO TO THE OHIO BELL TELEPHONE COMPANY dba AMERITECH N40'40 53~ S04'31'S21~ 14.09' ~~1t/ i~~~ I I i ~ ~ I ~ ~ ' t~ I i . ~ ,'~~R P.o.e. ~ ~ ~, . ~` ?5.06' \ \ ~ ~~~ ~~ ~ I ,i~ _ ~ ~,~. II -,~, ~ I I . - - T.4YSIlI~ ~ ~ ~1~ N-8 '4t TO C L C~Cf~~ \ ` ~~ ~/DRAINAGE EASEMEM~I i I 453.96 ~ ~ I OF ROYAL DUBLIN DR. I I I DELTA = 42'14 09' 45' WIDE EASEMENT I i _ ~ \\ ~ CHD' BRG. = S74'~'15~ ~ ~ \ ~ I I CHD. DIST. = 16213' ~ \ .~~°~ F o~ ~4`•.. -~ ~ o ., ~" L. : ~k ` HANNAH A ' PS-7500 ~ ~s •....sr~ •• ~J ~''`•~%.~~ N A L S~ ~~•'`~~ SCALE: N. T. S. CITY OF DUBLIN TWP. OF COUNTY OF FRANKLIN STATE OF OHIO CITY OF DUBLIN, OHIO INSTR. #200»119026?93> TRANSFER DATE 11/19/01 PARCL~'L # 274-000295 10.763- ACRES BALLANTRAE SECTION 2 PART 1 RESERVE' 'F' P.B. 98, PAGE 44 ~ \ ~ I ~ DELTA = 0217'40' ~ I RADIUS = 250.D0' ,\~ ~ ` ~ ~\I CHD. BRG. = N515T 101M I CND. D15T. = 10.01' I o~ THIS I30CUMENT WAS PREPARED BY THE FISHEL COMPANY FOR THE LIMITED USE OF THE OHIO HELL TELEPHONE COMPANY TO IDENTIFY THE EASEMENT LOCATION AND IS NOT INTENDED TO REPRESENT AN ACCURATE SURVEY OF THE PROPERTY. I' II i II I II I /P~~ ~\ Ii I I EXISTING 30' WIDE OHIO ~ I I TELEPHONE AND TELEGRAPH ~ EASEMENT D.B. 3039, PG. 700 ~ NORTH IXISIING 15' N7DE OHIO TELEPHONE AND TELEGRAPH ROADWAY EASEMENT D.B. 3039, PG. 700 BY 10' x 352' f AMERITECH NON-EXCLUSIVE STRIP EASEMENT ~ THE FISHEL COMPANY-1600 WALCUTT ROAD COLUMBUS, OHIO 43228-(614 850-4400_ 4~ ; ~ EXHIBIT "A" DESCRIPTION OF ANON-EXCLUSIVE AMERITECH EASEMENT (The Ohio Bell Telephone Company) Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey number 3453, and being a 10.00 foot wide non-exclusive Ameritech strip easement out a 10.763 acre parcel, number 274-000295, as conveyed to City of Dublin, Ohio (hereon referred to as grantor) in instrument number 200111190267931 and shown as RESERVE "F" of Ballantrae Section 2 Part 1 subdivision plat as recorded in Plat Book 98, Pages 44 through 48. All records are of the recorder's office of Franklin County, Ohio and the said easement being more particularly described as follows: Commencing for reference at the centerline intersection of Royal Dublin Drive (50' right- of-way) and Tayside Circle (50' right-of--way); Thence N84°13'42"E 453.96 feet along the centerline of Tayside Circle to the point of curvature of a curve to the right; Thence continuing along the centerline of Tayside Circle and a curve to the right, having a Delta of 42°14'09", a Radius of 225.00 feet, a Chord Bearing of S74°39'15"E, and a Chord Distance of 162.13 feet to a point; Thence N40°40'53"E 25.06 feet leaving the centerline of Tayside Circle to the northeast right-of--way line of Tayside Circle and the POINT OF BEGINNING of the non- exclusive easement herein described; Thence N40°40'53"E 351.71 feet leaving the right-of--way line of Tayside Circle through the grantor's land on a new division line to the grantor's East property line. Thence S04°31'52"E 14.09 feet along the grantor's East line to a point. Thence S40°40'53"W 341.32' leaving the grantor's East line continuing through the grantor's land to the northeast right-of--way line of Tayside Circle to a point. Thence along the northeast right-of--way line of Tayside Circle and a curve to the left, having a Delta of OZ°17'40", a Radius of 250.00 feet, a Chord Bearing ofN51°57'10"W, and a Chord Distance of 10.01 feet, to the POINT OF BEGINNING of the non- exclusive easement herein described and containing 3,464.80+- square feet of land. A drawing of this description is attached hereto and made part there of. This description is prepared by Iviark L. Hannah on Apri122, 2002. Mark H na P.5. # 0 ? e+ "i ~ 4 ~,^`"'~ ~ ~ ' ~-' ~ ~ ~~'`*~,, 7167112-122416 _~ ~ :' !.p;,,~•., ........,,©~, ..`+ WNT/04/11/02 - HAfI~IAH '-° PS-7500 ~~ ~ i . C~ '•G i S T E~:... ~ YY.