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Home My WebLink AboutOrdinance 022-20RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON. OHIO I Form 6220S Ordinance No. 22-20 Passed , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS TO CONVEY A PERPETUAL GAS LINE EASEMENT TO COLUMBIA GAS OF OHIO, INC. ALONG RIVERSIDE DRIVE FOR THE INSTALLATION OF UNDERGROUND GAS FACILITIES WHEREAS, the City of Dublin, Ohio (the "City's has requested gas service to Riverside Crossing Park (the "Park's from Columbia Gas of Ohio, Inc. ("Columbia', which will require the City to convey a perpetual gas line easement on Franklin County Parcel Number 273-012427-00 (the "City's Property's to Columbia for the construction, installation, and operation of a gas line; and WHEREAS, the easement will enable Columbia to provide underground gas service infrastructure necessary to support the pavilion in the Park; and WHEREAS, the location of the requested easement is on the southwestern edge of the intersection of Riverside Drive and Bridge Park Avenue on the City's Property; and WHEREAS, the City will convey the easement to Columbia at no cost as the City requested this easement. NOVI, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute all necessary documents to convey the perpetual gas line easement to Columbia Gas of Ohio, Inc. for the purpose of providing gas facilities to Riverside Crossing Park. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officE.irs of the City to take any other actions as may be appropriate to implement this Ordinance without further legislation being required. Section 3. This Ordinance shall take effect and be in force on the earliest date permitted by law. l � Passed this —� day of - � �/� , 2020. Mayor - Presiding Officer ATTEST: Clerk of Council 4 0& Office of the Clity Manager 5555 Perimeter Drive * Dublin, OH 43017-109# ityof Dublion Phone.- 614.410.4400,* Fax:1614.410.4490 Cit To,*, Members of Dublin City Council Fromm., Dana L. McDaniel, City Manager Date: August 18, 2020 Inib"ated By,-, Matt Earman, Director of Parks and Recreation Shawn Krawetzki, Landscape Architect Manager , f� 62 All St 17 116 115 i14 113 112 111 110 19 18 17 16 15 14 13 N M------ 0 Prop Buff Limestone Rock Channel Protection, Type \ _ C Per Item 601 (Typ.) —...�._�._ Prop �.- Underdrain / _ Prop Foundation Outlet /../ — a ® Drain Connection — + Prop Retaining 0 Wall Underdrain Prop Area Drain x— x— x \\ Prop Shared Use Path K % �� / I Prop Trench Drain Connection \ O j / I Inv=802.99 I I \\ Prop Area Drain I Prop Trench Drain, \\�\ (By Plumber) I See Landscape Plans \\ SAS SAS --SAS--SAS—SAS—SAS SAS \\�\ oT \\ Prop 3" Sanitary Connection \oto Water Feature / IcyInv=788.5 Prop 3" Sanitary Connection J FF=792.00 to Water Feature Inv=786.44 —/ I \ Prop Area Drain I SAS II I ------- - --_- /1 �SM, ✓/ Prop Area Drain /\ (By Plumber) ows ours I I I -_--- ----- Prop Foundation Drain Connection See Water Service Plan Sheet C6.02 I _ _ — _-- syn— — Prop Underdrain, I I 1 l — — — _ See Landscape \�\ \ Prop Area Drain Prop Basement 55.97 I Prop 6" Underdrain --- --� =sw+_ _ = _ Sheets Water / (By Plumber) Wall 11 I %o� ection — -- _ — —sm _ _ _ — J�� ' at Connection / Surface Prop Duratrench II I — l —I�``` Drain with min II '� SAN— _ ��--j� Ir H-20 Rated Grate I� I I _ _ _ _ r — I p II III i r-------�---------- - = — II III Prop Drain Connection, I Prop Basement _— sm �_ — L--- \ II III See Plumbing Plans I Foundation — yu— — L \ II II Inv=803.84 - - - — - \ Prop Force h r--, I FIT—III " I _ _ - Main from Sump Prop Trenc r - - LIN — — J III I I — — — Pump in Building I Drain Connection I ❑ I II II ---- ___-=Sm— _ ❑ L --J Tree Grate (Typ.) 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Reducer Channel Protection • Cleanout 17 1 16 1 15 1 14 13 1 12 1 11 10 1 9 1 8 1 7 1 6 1 5 1 4 1 3 1 2 1 1 mechanical engineer HAWA 988 Old Herde sen Read Columbus, OH 43220 p 614451 1]11 eledd®I engineer KLH 333 East Main Suite 175 Lexington, KY 4050] P 8594102575 imgatim design LANDTECH DESIGN 8420 Zionsalle Road Indianapolis, IN 462M p 314 541 2779 geotechnical engineer S&ME 6190 Enterprise Cmd Dublin, OH 43016 p 614 793.2226 structural engineer SMBH 1166 Dublin Road Columbus, 01143215 p 614481 NM I water feature AQUATIC CREATIONS, INC. 41]25 Elm Street, Suite 3111 Mumem, CA, 92562 p 951 6989008 H G P E PERMIT SET D MMSIDn data issued C 1 I I I B V � issue data pmjed number 10.23.2019 c12058.07 sheet name A UTILITY PLAN sheet numb it C5.00 .+ I I I I 3 I Duk ink � —EDB— —EDB— Ll1 —I — DUbnk — —EDB- -EDB— —EDB— —EDB- -EDB— I I _SAN- I - ^ ► n" o �SAN— �SAN� I USAN �I 2 -_ — —STMvmivir_ _ _STM - _ I - __- -_-_- _STMy- _ -STM � __-- _ �STM� j3RID6E F R1 �` f," CA C1NG IDubLink — _ —SAN— SA A . L Ohio Utilities Protection Service before you dig JY PROPOSED REVISIONS 2 6/5/2020 MOVED PIPE TO 5'BK/ROW / 0 5/5/2020 RELEASED TO CONSTRUCTION REV. # DATE DESCRIPTION DESIGNED BY BENJAMIN DAY 1/13/2020 DRAWN BY BENJAMIN DAY 1/13/2020 CHECKED BY R. HOUSEHOLDER /14/202 AS -BUILT BY X X X NAME DATE PHONE # CITF NAMF• I NST# 20-0133566-00 ABAN# N/A PROJECT ID# 20-69255 DUBLIN RIVERSIDE PARK DUBLIN, FRANKLIN (049) DRAWING TITLE: LAYOUT SHEET DRAWING NO: L-1 Portion above reserved for County Recorder, Engineer and Auditor's Offices Use GAS PIPELINE EASEMENT THIS GAS PIPELINE EASEMENT (the "Easement Agreement") is made and entered into this day of 2020, by and between the CITY OF DUBLIN, OHIO, ("Grantor"), an Ohio municipal corporation whose tax mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, and COLUMBIA GAS OF OHIO, INC. ("Grantee"), with principal offices at 290 West Nationwide Boulevard, Columbus, Ohio 43215. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Franklin County parcel number 273- 008802-00 conveyed to Grantor pursuant to Instrument Numbers 201408180107456 (the "Grantor's Property"); and WHEREAS, Grantee desires a perpetual easement for the right to lay pipelines, including lateral pipeline connections, together with service connections, and to operate and maintain, repair, replace, or change the size of its pipes under and through those portions of the Grantor's Property depicted on the attached Exhibit A, which is a seven foot wide area (the " Easement Area"); and WHEREAS, Grantor is granting a perpetual easement through and under the Easement Area for the benefit of Grantee upon the terms and conditions set forth in this Easement Agreement. 1 STATEMENT OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing Background Information and as follows: 1. Grant of Permanent Easement. Grantor conveys and grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a perpetual, non-exclusive easement through and under the Easement Area to lay pipelines, including lateral pipeline connections, together with service connections, and to operate and maintain, repair, replace, or change the size of its pipes and remove same, together with valves and other necessary appurtenances. All pipes, pipelines, service connections, valves, and other necessary appurtenances shall be buried so as not to interfere with the present use of the land. Grantee, as soon as reasonably practicable after installation of the pipes, including any alterations and repairs thereto, shall cause the Easement Area to be restored to its former condition as nearly as is reasonably practicable. Grantor has the right to enter on the Easement Area for any purpose provided such entry by Grantor does not in any way impair or hinder the rights granted to Grantee in this Easement Agreement. Grantor may construct above -ground improvements within the Easement Area, including, but not limited to, shared -use paths, sidewalks, and shrubbery. Grantee has the reasonable right of ingress and egress over limited portions of Grantor's Property to the extent such ingress and egress is essential and reasonable to exercise Grantee's rights under this Easement Agreement. 2. Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties or by any third party as creating the relationship of principal and agent, of partnership or of joint venture between the parties, it being understood and agreed that no provision contained herein or any act of the parties hereto shall be deemed to create any relationship other than grantor and grantee of the rights and easements set forth herein. 3. Waiver. Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach in the future. 4. Severabilitv. In the event any provision of this Easement Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 5. Captions and Pronoun Usage. The captions and section numbers in this Easement Agreement are for convenience only and shall not be deemed to be a part hereof. The pronouns used herein shall be considered as meaning the person, number, and gender appropriate under the circumstances at any given time. 2 6. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. Unless otherwise provide, this Easement Agreement, or any easement rights or covenant set forth herein, may not be amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County, Ohio with reference made to this Easement Agreement. 8. Benefit. This Easement Agreement and the permanent easement rights conveyed herein shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 9. Authoritv. Grantor and Grantee represent and warrant that they have the full right and authority to enter into this Easement Agreement. 10. Indemnification. Grantee agrees to indemnify, defend, and hold harmless Grantor from and against any and all losses, liabilities, claims and damages, costs and expenses (including reasonable attorneys' fees and costs) arising from Grantor's construction, operation, maintenance, repair, and/or replacement of the pipeline, as well as any other use and activity within the Easement Area. (SIGNATURES ON THE FOLLOWING PAGE) 3 Executed this day of GRANTOR: City of Dublin, Ohio, an Ohio municipal corporation Dana L. McDaniel, City Manager 2020. GRANTEE: Columbia Gas of Ohio, Inc., an Ohio corporation for profit C Its: Print name: ACKNOWLEDGEMENTS ON THE FOLLOWING PAGE) 4 STATE OF OHIO COUNTY OF FRANKLIN SS: BE IT REMEMBERED, that on this day of , 2020, before me, the subscriber, a Notary Public in and for said county and state, personally came Dana L. McDaniel, City Manager of the CITY OF DUBLIN, OHIO, an Ohio municipal corporation, who acknowledged the signing thereof to be his free act and deed for and on behalf of the municipal corporation. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. Notary Public STATE OF OHIO COUNTY OF SS: BE IT REMEMBERED that on this day of 2020, before me, the subscriber, a Notary Public in and for said County, personally came the above named , the on behalf of Grantee, Columbia Gas of Ohio, Inc., in the foregoing, and acknowledged the signing of the same to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607928 4836-6411-2579v1 5 Notary Public REV July 15, 2020 EXHIBIT "A" GAS PIPELINES EASEMENT TO COLUMBIA GAS OF OHIO, INC. ON THE PROPERTY OF THE CITY OF DUBLIN, OHIO DUBLIN, OHIO Situated in the State of Ohio, County of Franklin, City of Dublin, Quarter 3, Township 2, Range 19, United States Military Lands, being located in that 1.318 acre (original) tract of land as described in a deed to the City of Dublin, Ohio, of record in Instrument Number 201408180107456, and in Dale Drive (60 foot width), of record in Plat Book 58, Page 81, all records referenced herein being to those located in the Recorder's Office, Franklin County, Ohio, and being a gas pipelines easement more particularly described as follows: Beginning at a point in the southerly line of said 1.318 acre tract, in the northerly right-of-way line of said Dale Drive and in the westerly right-of-way line of relocated Riverside Drive (State Route 257), and being the TRUE PLACE OF BEGINNING of the herein described gas pipelines easement; Thence South 3058'22" East, along the westerly right-of-way line of said relocated Riverside Drive, through the right-of-way of said Dale Drive, a distance of 31.05 feet to a point; Thence South 86001138" West, continuing through said Dale Drive right-of-way, a distance of 7.00 feet to a point; Thence North 3058'22" West, continuing through said Dale Drive right-of-way and into said 1.318 acre tract, a distance of 60.00 feet to a point; Thence North 86001'38" East, continuing through said 1.318 acre tract, a distance of 7.00 feet to a point in the westerly right-of-way line of said relocated Riverside Drive; Thence South 3058'22" East, along said westerly right-of-way line and continuing through said 1.318 acre tract, a distance of 28.95 feet to the TRUE PLACE OF BEGINNING, containing 0.010 acre of land. The above described gas pipelines easement is also shown on Exhibit "B", attached hereto and made a part hereof. Bearings herein are referenced to South 3058'22" East for the westerly right-of- way line of relocated Riverside Drive. This description was prepared by Westerville Land Surveying, LLC, based on record Dlan information. in 2020. 00000aaaaa000 b y Michael P. Lomano Registered Surveyor No. 7711 oo11 - - 0 F p°OO0000 o° c •'"'' • yz 40 MICHAEL'•. P. LOMANO -o 7711 440° o o'0NAL `'0 0�0°°4 EXHIBIT "B" GAS PIPELINES EASEMENT TO COLUMBIA GAS OF OHIO, INC. ON THE PROPERTY OF. CITY OF DUBLIN, OHIO --MNW-Z-t QTR. 3, TWP. 2, RNG. 19, U. S. M. L. DUBLIN, FRANKLIN CO., OHIO 010 20 30 40 50 7 SITE MAP (N.T.S. TEksh, Wo J 16A x SCALE: 1"=50' RELOCATED (S. R RIVERSIDE DR. 257) CITY OF DUBLIN, OHIO INS. 201408180107456 1.318 AC. (ORIG.) PID 273-008802 L41-0 L1 GAS PIPELINES EASEMENT 0.010 AC. FORMER S R 257 Ll: 538220E 31.05' L2: S86101'38"W 7.00' L3: N3@58'22"W 60.00' L4: N86101'381E 7.00' L5: S3*58'22"E 28.95' LEGEND '4 R PROPERTY LINE BASIS OF BEARINGS �. p(E.OF R/WPUBLIC ROAD Bearings hereon referenced to the westerly .�`� MICHAE RIGHT—OF—WAY R/W line of relocated Riverside Dr. being P P. WESTERVILLE s3sB'zz'E. LOMAN( LAND DATE: 7/01/20 REVISED: 7/15/20 7711 •'•; p� 7711 SURVEYING, LLC Joe No.: 20-222 F.6./PG.: N/A '�0 �O�SS/••AL 125 E. HOME ST. A CLIENT: COLUMBIA GAS OF OHIO. INC. WESTERVILLE, OH 43081 CLIENT P.o.: 20-0133566-00 tel( (614) 899-2209 /.�� fK DRAWING NAME:20222ES.DWG OHIO PROFESSIONAL SURVEYOR No. 7711