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HomeMy WebLinkAboutOrdinance 26-21    To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: July 20, 2021 Initiated By: Megan O’Callaghan, PE, Deputy City Manager/Chief Finance and Development Officer Paul A. Hammersmith, PE, Director of Engineering/City Engineer Jean-Ellen M. Willis, PE, Deputy Director Transportation & Mobility Re: Ordinance 26-21 – Authorizing the City Manager to Execute an Easement along Riverside Drive with American Electric Power (AEP) for the Installation of Underground Electric Facilities Summary American Electric Power (AEP) identified a gap in their facilities in the Bridge Street District along Riverside Drive. AEP has recently installed underground facilities on the west side of Riverside Drive between Bridge Park Avenue and just north of John Shields Parkway. This will complete a loop in their facilities that will allow them to manage and effectively provide consistent electrical service to the area and will provide supplemental electrical service to Riverside Crossing Park. The majority of this installation is in the road right-of-way except the area around the John Shields Parkway intersection. At this location, the electric facilities need to encroach into the land of Riverside Crossing Park to route around the pedestrian tunnel. Two parcels are impacted by this easement, parcel 273-012427 and a remnant parcel of residual right-of-way that remains after Riverside Drive was relocated. The City owns both parcels and can provide the easement for this work (see location map below). Therefore, AEP has requested approximately 0.292 acres in total from the City of Dublin for the easement. A copy of the deed of easement along with the legal descriptions and exhibits are attached for your reference. This alignment and documentation has been reviewed by staff. The easement is consistent with past easements granted to AEP on City-owned property. Staff proposes the easement be granted to AEP at no cost as this installation is a benefit to the City by enhancing the electrical service to the park. First Reading Follow Up During the first reading of this Ordinance at the June 28, 2021 Council meeting, Council members had several questions regarding the proposed screening of the AEP electric facilities. The following information is provided in response to those questions:  The screening plan and plant image board for the proposed screening are attached for Council review and information. Most of the plantings used for the screening are consistent with the plant palette used within the Riverside Crossing Park plans and Bridge Park development. The only exception are the Witch Hazel plants, which were added for seasonal color and their salt tolerance.  The trees shown are not necessary for screening but are part of the context of the future proposed John Shields Bridge Plaza improvements. Office of the City Manager 5555 Perimeter Drive• Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo Ordinance 26-21 – Authorizing the City Manager to Execute an Easement along Riverside Drive with American Electric Power (AEP) for the Installation of Underground Electric Facilities July 20, 2021 Page 2 of 2  Screening is not provided between the AEP facilities and Riverside Drive in order to not restrict access to the facilities nor restrict motorist sight visibility along Riverside Drive. The focus of the screening was around the facilities adjacent to the shared-use path located within Riverside Crossing Park.  An exhibit/rending showing the AEP facility to be screened was not available, but it will be a ground-mounted switch located within a rectangular steel enclosure, approximately 5-feet deep by 10-feet wide (parallel to Riverside Drive) by 4-feet tall in size, and will be green in color typical of AEP ground-mounted facilities.  If acceptable, Staff can scale the planting scope to only include plant material that will not be impacted by the future bridge project.  The City is responsible for the installation of the proposed screening and will do so after the AEP facilities are installed. Depending on the completion of the AEP facilities and the time of year, the screening may not be installed until Spring 2022. Recommendation Staff recommends adoption of Ordinance 26-21 at the second reading/public hearing on July 26, 2021. N Easement Location RIVERSIDE CROSSING PARK - AEP SCREENING Department of Parks and Recreation City of Dublin14 JULY 2021North LS-1STK(4) - WHITE OAK - QUERCUS ALBA(26) - 'PARDON ME' DAYLILY -HEMEROCALLIS 'PARDON ME'(3) - WITCH HAZEL - HAMAMELISVIRGINIANA (SHRUB FORM)(6) - 'ARCTIC FIRE' RED DOGWOOD -CORNUS STOLONIFERA(12) - 'EMERALD GREEN' ARBORVITAE-THUJA OCCIDENTALIS 'SMARAGD'(10) - 'EVERLOW' YEW - TAXUS X MEDIA'EVERLOW'(6) - KARL FOERSTER GRASS-CALAMAGROSTIS X ACUTIFLORA ' KARLFOERSTER'(5) - 'EMERALD CITY' TULIP TREE-LIRIODENDRON TULIPIFERA 'JFS-OZ'(5) - 'PRINCETON' ELM - ULMUSAMERICANA 'PRINCETON'RIVERSIDE DRIVEAEP - CLEARANCE ZONEAEP - ELECTRICAL BOX 1 Portion above reserved for County Recorder, Engineer and Auditor’s Offices Use NON-EXCLUSIVE ELECTRIC EASEMENT THIS NON-EXCLUSIVE ELECTRIC EASEMENT (the "Easement") is made and entered into this ____ day of __________________ 2021, 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 OHIO POWER COMPANY, an Ohio corporation and a unit of American Electric Power (“Grantee”), with principal offices at 700 Morrison Road, Gahanna, Ohio 43230. BACKGROUND INFORMATION WHEREAS, Grantor owns the real property identified as Franklin County parcel number 273- 012427-00, being situated in the State of Ohio, County of Franklin, City of Dublin, lying in Quarter Township 2, Township 2, Range 19, United States Military Lands, being part of Lot 3 of “Lands of Chauncey McGurer”, a subdivision of record in Plat Book 12, Page 27, and being part of a 12.884 acre tract of land as described in Instrument Number 201212310201439 of the Franklin County Recorder’s Office (“Grantor’s Property”); and WHEREAS, Grantor owns real property that is not identified with a Franklin County parcel number, being situated in the State of Ohio, County of Franklin, City of Dublin, lying in Quarter Township 2, Township 2, Range 19, United States Military Lands, being part of Lot 3 of “Lands of Chauncey McGurer”, a subdivision of record in Plat Book 12, Page 27, and being part of a 0.443 acre tract of land as described in Instrument Number 201212310201438 of the Franklin County Recorder’s Office (“Grantor’s Property”); and WHEREAS, Grantor’s Property is part of the Riverside Crossing Park (the “Park”), along the west side of Riverside Drive between Bridge Park Avenue and just north of John Shields Parkway; and WHEREAS, Grantor’s Property is part of the Park’s Master Plan Development and future expansion, which will include, but not be limited to, the following: extension of the pedestrian tunnel west of Riverside Drive; extension of John Shields Parkway and construction of a new bridge; 2 construction of associated Park amenities; and construction of shared-use paths, all as part of the Park’s Master Plan Development and future expansion (“Park Expansion”); and WHEREAS, Grantee desires an electric easement for the right to install underground electric facilities under those portions of the Grantor’s Property depicted on the attached Exhibit A and Exhibit B (the "Easement Area"); and WHEREAS, Grantee understands and acknowledges that the Easement Area is within the Park Expansion and that any easement rights Grantor conveys to Grantee shall not, under any circumstances, affect or impact Grantor’s Park Expansion plans. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 3 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 Easement. Grantor conveys and grants to Grantee, its agents, employees, independent contractors, and successors and assigns, a non-exclusive electric easement under the Easement Area for the following limited purposes: to install underground electric facilities (the “Facilities”); and to operate and maintain, repair, replace, or change the Facilities. Any and all maintenance, repair, replacement, or change to the Facilities shall be conducted in a manner acceptable to Grantor. Should Grantee need to perform any maintenance, repair, replacement, or change to the Facilities, Grantee shall notify Grantor, in writing, at least thirty (30) days prior. Grantee shall not proceed with any such work, however, unless and until Grantor agrees, in writing, to the manner in which such work with be conducted. All Facilities shall be buried so as not to interfere with the present or future use of Grantor’s Property, including, but not limited to, Grantor’s Park Expansion. Specifically, Grantee shall bury the Facilities deep enough to avoid any conflicts or issues with Grantor’s plans to extend its pedestrian tunnel as part of the Park Expansion, or future drainage facilities along future John Shields Parkway. Grantee, as soon as reasonably practicable after installation of the Facilities shall cause the Easement Area to be restored to its former or better condition. Grantor has the right to enter on the Easement Area for any purpose provided such entry by Grantor does not substantial impair or hinder the rights granted to Grantee in this Easement. Grantee understands, acknowledges, and agrees that during Grantor’s future Park Expansion, Grantee’s services may be impaired. Grantor expressly reserves all rights to construct above-ground and underground improvements within and around the Easement Area, including, but not limited to, an extension of the pedestrian tunnel west of Riverside Drive; an extension of John Shields Parkway; construction of a bridge; construction of Park amenities; construction of a park plaza; and construction of shared-use paths. Further, Grantor expressly reserves all rights deemed necessary by Grantor to do all things to complete the Park Expansion and all things necessary to further enhance Riverside Crossing Park. 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 4. Severability. In the event any provision of this Easement 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 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. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Ohio. 7. Modification. This Easement, or any easement 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. 8. Benefit. This Easement 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. Authority. Grantor and Grantee represent and warrant that they have the full right and authority to enter into this Easement. 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 electric facilities. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK – ACKNOWLEDGMENTS TO FOLLOW) 5 IN WITNESS WHEREOF, Grantor has signed this Non-Exclusive Electric Easement on the _______ day of ________________________, 2021. GRANTOR: The City of Dublin, Ohio, an Ohio municipal corporation By: _________________________________ Print Name: ___________________________ Title: _________________________________ STATE OF OHIO, } COUNTY OF FRANKLIN } The foregoing instrument was acknowledged before me this ________ day of ____________________, 2021, by _________________________________________ (Name), ___________________________________ (Title of Officer) of The City of Dublin, Ohio, an Ohio municipal corporation. ____________________________________________ Notary Public My Commission Expires_______________________ 6 IN WITNESS WHEREOF, Grantee has signed this Non-Exclusive Electric Easement on the _______ day of ________________________, 2021. GRANTEE: OHIO POWER COMPANY By: Daniel J. Hines Supervisor, GIS and Easement Services American Electric Power Service Corporation Authorized Signer STATE OF OHIO, } COUNTY OF FRANKLIN } The foregoing instrument was acknowledged before me this ________ day of ________________________, 2021, by Daniel J. Hines, the Supervisor, GIS and Easement Services, American Electric Power Service Corporation, the Authorized Signer of OHIO POWER COMPANY, an Ohio corporation, for and on behalf of the corporation. Notary Public My Commission Expires This Instrument Prepared By: Frost Brown Todd LLC One Columbus 10 West Broad Street Columbus, Ohio 43215 0127206.0607928 4821-3969-5547v4 EXHIBIT "A" EXHIBIT "B" EXHIBIT "B"