HomeMy WebLinkAbout69-05 Resolution
RECORD OF RESOLUTIONS
Dayton Legal E?1_Ci~k,_lnc" Form f\J~3_09~5
69-05
Resolution No, Passed ,20
-
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE EASEMENTS WITH AMERICAN ELECTRIC POWER
FOR THE DUBLIN ROAD AND BRAND ROAD
ROUNDABOUT PROJECT
WHEREAS, the City of Dublin has received a request from American Electric Power
(AEP) for two easements; and
WHEREAS, the easements are for electrical service infrastructure and is necessary to
relocate the overhead electric to underground; and
WHEREAS, the location is on the west side of Dublin Road, near the Brand Road
intersection; and
WHEREAS, the parcels numbered 273000882 and 273005072, where the easements
will be located, are City-owned properties.
NOW, THERE7RE, BE IT RESOL YED by the Council ofthe City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute an agreement with
American Electric Power (AEP) for the two easements as described herein.
Section 2. This resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this /7-ih dayof Ot!...-~Obe11/ ,2005.
Mhili~ ~
Attest:
~rl- ~
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,
De
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
CITY OF DUBLIN~ Phone: 614-410-4400 · Fax: 614-410-4490
Memo
To: Members of City Council
From: Jane S. Brautigam, City Manager ~
Date: October 17, 2005 q
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Kenneth B. Richardson, P .E., Assistant Director of Engineering - Design
Re: Resolution 69-05 Authorizing the City Manager to execute easements with
AEP for the Dublin Road/Brand Road Roundabout Project
Summary:
The construction of the Dublin Road/Brand Road Roundabout requires the existing American
Electric Power (AEP) overhead lines be relocated. AEP engineering staff determined the
existing AEP overhead lines on the west side of Dublin Road should be located to the east
side of Dublin Road between Chaddington Drive and Limerick Lane. During discussions
about minimizing tree impacts with the relocated overhead lines on the east side, AEP also
informed us that they will be upgrading the overhead line circuit along Dublin Road in about
five years. The upgrade in five years would add a cross arm and additional overhead lines on
the relocated AEP poles.
To enhance long range aesthetics and minimize tree impact, Engineering staff asked AEP in
July of this year to give us cost estimates and preliminary design layouts to place the overhead
lines underground. AEP estimated the difference in costs to relocate existing overhead lines
verses burying their system to be about $85,000. Our roundabout contractor, George J. Igel
Construction Company, was asked to estimate their cost of installing the conduit sleeves for
the AEP underground. The Igel Construction Company estimated a maximum cost of about
$145,000. Therefore the estimated cost of burying the overhead lines is about $230,000.
Staff has proceeded with burying the overhead lines.
As part of the underground electric system, switches and transformers will be installed at
ground level just outside of right -of-way. AEP has requested non-exclusive easements from
the City of Dublin property in two locations for their equipment. One location is south of the
roundabout near the water booster station. The other location is on the former Daroski
property.
Please find attached a copy of the easement documentation. The documentation has been
reviewed by Legal Department staff and is consistent with past easements upon City-owned
property typically granted to AEP.
Recommendation:
Staff recommends approval of Resolution 69-05authorizing the City Manager to execute
easements with AEP for the Dublin Road/Brand Road Roundabout project.
.
~
Eas.
EASEMENT & RIGHT OF WAY
The City of Dublin, Ohio, an Ohio municipal corporation (Lessor), "Grantor{s)" in consideration of
$1.00, the easement terms, and other good and valuable consideration from Columbus Southern
Power Company, an Ohio corporation, 700 Morrison Dr., Gahanna, OH 43230-6605, "Grantee", the
receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to
Grantee, a right of way and easement "Easement", limited to electric service and distribution purposes for
current/future uses, underground, in, through and across the following described lands situated in
Washington Township, Franklin County, Ohio and being part of Section No.{s). _, Township
No{s). , Range No{s). as found in Instrument No. 200407150164764 recorded 07-15-04 of
the Franklin County Recorder's Office. (Parcel No. 273-000882)
Said lines shall be constructed within the limits of a certain strip of land, the approximate
location of which is shown by the slanted lines on the attached drawing marked Exhibit "A",
and made a part hereof.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate
within the Easement; extend or remove electric utility facilities, supporting structures, conductors,
conduits, service pedestals, grounding systems, foundations, manholes, devices and associated
equipment, as Grantee may deem appropriate, adding thereto from time to time, perform grading or
filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any
liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever
size (including those that are dead, diseased, weak, or leaning), structures or other obstructions that in
the Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach
upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall
not: place any buildings, structures, pile, or debris, interfere with lateral support, construct any swimming
pool, change the level of the ground by excavation or mounding without the 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 rights 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.
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 conduct construction/maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property,
always call the applicable utility protection service before the activity begins. 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 respective
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated
herein by this reference.
(llO4556031 J
IN WITNESS WHEREOF, the said City of Dublin, Ohio, and the said Grantee, Columbus Southern Power
Company, has hereunto set their hands this day of , 2005.
Signed and acknowledged GRANTORS:
in the presence of:
CITY OF DUBLIN, OHIO
~4Lt? ~0- By~o-v--5.0~
(W ness)
)If f I! II 1/. C I!fJU)trEd- Its: e fry /J1 A tJ 1/ G e- te-
~0I~zcf
(Witness)
-~~, /e~/l J:! !?/'-17 '7
(Print Name)
Signed and acknowledged GRANTEE:
In the presence of:
COLUMBUS SOUTHERN POWER COMPANY
By:
(Witness)
Its:
(Print Name)
(Witness)
(Print Name)
:H0455603.1:
.
STATE OF OHIO,
COUNlY OF FRANKLIN, ss:
#. Oelvbe/
BE IT REMEMBERED, that on this ,).. () day of , 2005, before me, the
subscriber, a Notary Public in and for aid County, person lIy came the above named City of Dublin, Ohio,
(Lessor) by " e S. ({ -c , its' t2A e/, Grantor in the foregoing
Easement & Right of Way, and ackno edged the sign" of the sam' to be his/her voluntary act and
deed, and the voluntary act and deed of said corporation, for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on
the day and ~..last aforesaid.
~~IAL s~..
1.\
t ': \ LJltU-fJ 11A. i~~
i i RACHAEl M. V1Elli
i J Notary Public, State of Ohio
'\ IS' 0 j My Commission Expires 06-03-08
~"i 't:J-~ / Notary Public
.".....,..~.~~~
STATE OF OHIO,
COUNlY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2005, before me, the
subscriber, a Notary Public in and for said County, personally came the above named Columbus Southern
Power Company, by , its ,
Grantee in the foregoing Easement & Right of Way, and acknowledged the signing of the same to be
his/her voluntary act and deed, and the voluntary act and deed of said corporation for the uses and
purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on
the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
SCHOTTENSTEl~ ZOX & DUNN
A Legal Professional Association
250 West Street
Columbus/ Ohio 43215
Eas. No. Address: Brand Rd.jDublin Rd.
Dwg. No. 117286 Roundabout
W.O. No. WOO1l48701
:H045560~_1 :
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Eas.
EASEMENT & RIGHT OF WAY
The City of Dublin, Ohio, an Ohio municipal corporation (Lessor), "Grantor(s)" in consideration of
$1.00, the easement terms, and other good and valuable consideration from Columbus Southern
Power Company, an Ohio corporation, 700 Morrison Dr., Gahanna, OH 43230-6605, "Grantee", the
receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to
Grantee, a right of way and easement "Easement", limited to electric service and distribution purposes for
current/future uses, underground, in, through and across the following described lands situated in City
of Dublin, Franklin County, Ohio and being part of Section No.(s). -1 Township No(s). I
Range No(s). Virginia Military Survey No. 2543, containing 2.700 acres of land, more or less, as
found in Official Record Volume 13602, Page E16, recorded 06-22-89 of the Franklin County
Recorder's Office. (Parcel No. 273-005072)
Said lines shall be constructed within the limits of a certain strip of land, the approximate
location of which is shown by the slanted lines on the attached drawing marked Exhibit "An,
and made a part hereof.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate
within the Easement; extend or remove electric utility facilities, supporting structures, conductors,
conduits, service pedestals, grounding systems, foundations, manholes, devices and associated
equipment, as Grantee may deem appropriate, adding thereto from time to time, perform grading or
filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any
liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever
size (including those that are dead, diseased, weak, or leaning), structures or other obstructions that in
the Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach
upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall
not: place any buildings, structures, pile, or debris, interfere with lateral support, construct any swimming
pool, change the level of the ground by excavation or mounding without the 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 rights 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.
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 conduct construction/maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property,
always call the applicable utility protection service before the activity begins. 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 respective
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated
herein by this reference.
iH045560:;_1 :
IN WITNESS WHEREOF, the said City of Dublin, Ohio, and the said Grantee, Columbus Southern Power
Company, has hereunto set their hands this day of ,2005.
Signed and acknowledged GRANTORS:
in the presence of:
CIlY OF DUBUN, OHIO
~AL4 0/4~ By:lT~S'0~
(Wit ess)
flt y tll/- 1/. c II /l L/ AJ C-Ge-- 7 Its: {!/rt /III!,JII&~/L-
(Print Name) ~ A / /
(Y~~~
(Witness) H. ~
_____7-)zr /r;;~? K! ~ I F7 2-
(Print Name)
Signed and acknowledged GRANTEE:
in the presence of:
COLUMBUS SOUTHERN POWER COMPANY
By:
(Witness)
Its:
(Print Name)
(Witness)
(Print Name)
:H04556m I ~
,
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this ;) O#, day of ()cfz>w , 2005, before me, the
subscriber, a Notary Publicln and for s~~ County, pers na Iy came the above named City of Dublin, Ohio,
(Lessor) by ,1(1/i1 P J, f)i(:UL~1i1, its .er , Grantor in the foregoing
Easement & Right of Way, and ackno dged the sign" of the sa . e to be his/her voluntary act and
deed, and the voluntary act and deed of said corporation, for the uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on
the day and year last aforesaid.
~..G"""""~.'"
II ~JJ tU. ~
....~" ~"'..
: ..". \.
{ , , ~ RACHAEL M. VIETH
i "i Notary Public, Stale of Ohio Notary Public
'\.. e,Sl 0 j My Commission Expires 06-03-08
~~.g.~.
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2005, before me, the
subscriber, a Notary Public in and for said County, personally came the above named Columbus Southern
Power Company, by , its ,
Grantee in the foregoing Easement & Right of Way, and acknowledged the signing of the same to be
his/her voluntary act and deed, and the voluntary act and deed of said corporation for the uses and
purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on
the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
SCHOTTENSTElN, ZOX & DUNN
A Legal Professional Association
250 West Street
Columbus, Ohio 43215
Eas. No. Address: Brand Rd./Dublin Rd.
Dwg. No. 117286 Roundabout
W.O. No. WOO114870l
~ B045560l _ 1 1
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