HomeMy WebLinkAboutOrdinance 067-15RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
67 -15
Ordinance Nn.
Passed
Form No. 30043
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
UTILITY EASEMENTS GRANTING AMERICAN ELECTRIC POWER
EASEMENTS ON PROPERTY OWNED BY THE CITY OF DUBLIN
LOCATED BETWEEN SR 161 /US 33 AND PERIMETER DRIVE
FOR THE COFFMAN PARK EXPANSION - PHASE II.
WHEREAS, the City of Dublin (the " "City'l programmed the Coffman Park Expansion
Phase 2A (the '"Project'l in the approved 2015 Capital Improvement Program as part
of the Coffman Park Master Plan; and
WHEREAS, Resolution 34 -15 awarded the bid for construction of the Project to Jess
Construction; and
WHEREAS, the Project requires electrical service to the parking lot and other future
amenities located near intersections of Commerce Parkway, Perimeter Drive, and the
Dublin Community Recreation Center entrance; and
WHEREAS, American Electric Power ("AEP' will need two (2) utility easements to
provide the needed electrical services to the property; and
WHEREAS, the two (2) utility easements are necessary to complete the Project in its
entirety; and
WHEREAS, the City desires to donate and dedicate two (2) utility easements as
described and depicted in the attached Exhibit A and Exhibit B to AEP for the Coffman
Park Expansion project.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute two (2) utility easements
in favor of AEP for the Coffman Park Expansion project.
Section 2. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to take any other actions as may be appropriate to implement this
Ordinance.
Section 3. This Ordinance shall take effect in accordance with Section 4.04(b) of
the Dublin Revised Charter.
Passed this day of 2015.
or — Presiding ffic r
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
Memo
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager*
Date: September 17, 2015
Initiated By: Matt Earman, Director of Parks & Recreation
Re: Ordinance 67 -15 - Coffman Park Expansion Phase 2A /AEP Easement
Summary
As a part of the construction of Coffman Park Expansion Phase 2A, American Electric Power (AEP)
is requesting two utility easements in order to provide electric service for the parking lot and other
future amenities located near the intersections of Commerce Parkway, Perimeter Drive, and the
Dublin Community Recreation Center entrance.
The City desires to donate and dedicate two (2) utility easements as described and depicted in the
attached Exhibit A and Exhibit B to AEP for the Coffman Park Expansion Phase 2A. .
Recommendation
Staff recommends approval of Ordinance 67 -15 at the second reading /public hearing on October
12, authorizing the City Manager to execute an easement with American Electric Power (AEP) for
the installation of electric service for Coffman Park Expansion Phase 2A.
Eas.
` a Easement & Right of Way
CITY OF DUBLIN, OHIO, a municipal corporation under the laws of the State of
Ohio, "Grantor(s) ", in consideration of $1.00, the easement terms, and other good and valuable
consideration from Ohio Power Company an Ohio corporation and a unit of American Electric Power,
850 Tech Center Drive, Gahanna, OH 43230 -6605, "Grantee ", the receipt and sufficiency of which is
acknowledged, grants and conveys with general warranty covenants to Grantee its successors, assigns,
lessees, licensees and tenants, a right of way and easement, "Easement" for electric and other
current/future energy or communication purposes, overhead and underground, in, on, over, through and
across the following described lands situated in the City of Dublin, County of Franklin and State of Ohio.
Being part of a 13.214 acre tract of land as described in Official Records Volume 14395 Page D02 of the
Franklin County Recorder's Office (Parcel # 273 - 003966 -00).
Said lines and facilities shall be constructed within a certain strip of land fifteen (15) feet in
width, the centerline being the facilities as installed. The approximate location of said
easement is depicted on Exhibit A, attached hereto and incorporated herein.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, repair, replace, enlarge, upgrade,
extend and remove utility facilities and relocate within the Easement, all necessary and convenient
facilities which include but are not limited to: poles, anchors, guys, supporting structures, conductors,
conduits, enclosures, grounding systems, foundations, manholes, transformers, and associated equipment,
adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or
otherwise control, with herbicides or by other means, at Grantee's option (without any liability to
Grantor), any trees, limbs or branches, brush, shrubs, undergrowth, of whatever size, buildings, structures,
or other obstructions that in Grantee's reasonable judgment endanger or interfere with the safety or use of
its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any
structures, piles or debris, interfere with lateral support, change the level of the ground by excavation or
mounding without Grantee's written consent, allow any construction that would be inconsistent with the
National Electric Safety Code or Grantee's design standards, and, for underground lines, permit or cause
any excavation, except for other utilities, provided such utilities rights do not conflict with this Easement.
This Easement also conveys the right of ingress and egress in and over any reasonable routes at all times.
If any governmental authority requires Grantee to relocate the facilities contemplated by this grant, this
Easement conveys the right to relocate such facilities to a comparable location of Grantee's choosing,
without the need for a new easement.
Grantor may use its property for all purposes not inconsistent with the full enjoyment of the Easement,
but Grantor acknowledges high voltage electric lines will be constructed within the Easement and Grantor
shall use its property in a manner consistent with all applicable safety rules and regulations for working
near electric lines. Safety/required clearance issues may be referred to Grantee's Engineering Group.
Grantee shall restore the premises or pay reasonable damages done to fences, drains, seeded lawns (not
landscaping), gates, ditches and crops caused by Grantee's use of the Easement. Grantor has authority to
grant this Easement. No delay or omission by Grantee in exercising any right hereunder shall operate as a
waiver or forfeiture of such right. This Easement grant is effective and binding upon the parties, their
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby.
WITNESS, Grantor(s) signed this Easement on the day of , 20_
CITY OF DUBLIN, OHIO, a municipal corporation
under the laws of the State of Ohio
Print Name:
Title:
STATE OF ,
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_,
by (Name),
(Title of
Officer) of CITY OF DUBLIN, OHIO, a municipal corporation under the laws of the State of Ohio.
Notary Public
My Commission Expires.
Easement prepared by Ohio Power Company CGB
Address 5685 Perimeter Dr, Dwg. No. 58233001 WO No. DOP0238434
CALL BEFORE YOU D/C M
EXHIBIT "A"
PERIMETERDR
EX 50' AEP EA3Ev-ENT
15
CITY OF DUBLIN
273-003966-00
/Jl
AMERICAN state: Ohio
ELECTRIC
POWER CountytParrish: Franklin
Township: Washington
AEP - Ohio Drawn by: J. Walden Date: 06130/2015