The URL can be used to link to this page

Home My WebLink About53-06 Resolution RECORD OF RESOLUTIONS DaytonL_eg~~~!~_~_k_. Inc.. Form .r-~9_- ~9q4~ Resolution No, 53-06 Passed ,20_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH THE OHIO BELL TELEPHONE COMPANY (SBC) FOR THE RELOCATION OF TELECOMMUNICATIONS EQUIPMENT WHEREAS, The Ohio Bell Telephone Company dba SBC Ohio (SBC), an Ohio - corporation, has requested an exclusive easement from the City of Dublin, an Ohio municipal corporation, to relocate telecommunications equipment onto a City-owned property located north of Woerner Temple Road and west of Baronscourt Way and more particularly described in Instrument No. 200011210236365, in the Franklin County, Ohio Recorder's office; and WHEREAS, SBC is losing service to existing customers and is not able to allow any new phone service to be extended to property owners moving into the area due to deterioration of subsurface telecommunication lines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, b of the elected members concurring: Section 1. The City Manager is hereby authorized to execute the easement attached hereto as Exhibit "A." Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this L5th day of rrto..j ,2006. ~ .. .... I- Mayor - Presiding Officer Attest: c;,Jd111.J ~. \&. ad" ;'tctlr\3C1 erk Council """ I hereby certify that copies of this OrdinancelResolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. D 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 ManageL~ ' S.B Date: May 11,2006 Initiated By: Paul A. Hammersmith, Director of Engineering/City Engineer C. Aaron Stanford, P.E., Civil Engineer Re: Resolution 53-06 Authorizing the City Manager to Execute an Easement with The Ohio Bell Telephone Company (SBC) for the Relocation of Telecommunications Equipment. Summary The City of Dublin has received a request from The Ohio Bell Telephone Company dba SBC Ohio (SBC), an Ohio corporation, for an exclusive easement to relocate telecommunications equipment to City-owned property located north of Woe mer Temple Road and west of Baronscourt Way. Due to deterioration of subsurface telecommunication lines, SBC is losing service to existing customers and is not able to allow any new phone service to be extended to property owners moving into the area. Attached is a copy of the easement documentation submitted to the City. The documentation has been reviewed by staff and is consistent with previous easements typically granted to SBC on City-owned property . Recommendation Staff recommends approval of Resolution 53-06 authorizing the City Manager to execute an easement with SBC for the relocation of telecommunications equipment. . EXHIBIT , I A SBC OHIO EXCLUSIVE EASEMENT Undertaking No. 5741462 Parcel No. 274-000293 For a valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the undersigned (Grantor) The City of Dublin, Ohio, an Ohio municipal corporation, hereby grants and conveys to The Ohio Bell Telephone Company dba SBC Ohio, an Ohio Corporation, and its affiliates and licensees, successors and assigns (collectively "Grantees") an exclusive easement in, under. and across the Easement Area (described below), for the I 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 informatiol1._~~~ices 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, being in Virginia Military Survey Number 3453, containing 2.512 acres, more or less, out of a 41.273 acre tract, being the property of The City of Dublin, Ohio, an Ohio municipal corporation, conveyed by Instrument Number 200011210236365, Franklin County Recorder's Office, Columbus, Ohio. Being the same property as recorded in: Instr: 200011210236365 Franklin County Records. The Easement Area as shown on Exhibits "A" and "B" attahced hereto and made a part hereof. Easement is for the placement of a manhole to provide telephone service to the area. 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_ The Grantor agrees that, due to the exclusive nature of the grant herein conveyed, no other use of the Easement area shall be made by anyone. including Grantor, 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 Acknowledged by: WITNESS (Signature) GRANTOR (Signature) (Wilness Printed) (Grantor Print Name & Title If Applicable) The City of Dublin. Ohio, an Ohio municipal corporation, The City of Dublin, Ohio, an Ohio municipal corporation STATE OF OHIO COUNTY OF Franklin Personally appeared before me. a Notary Public, in and for said County and State, this day of ,20 - , who acknowledged the execution of the above easement. Notary Public Signature Notary Public Printed SSC Ohio My Commission Expires 111 N. 4th St., 8th Floor Columbus, Ohio 43215 This document was drafted by the SBC Legal Department, 225 W, Randolph Street Chicago, IL 60606 2005-8 15 , -- - . EXHIBIT "A" N TO AN EASEMENT DATED { FROM City of Dublin TO THE OHIO BELL TELEPHONE COMPANY GRAPHIC SCALE - (in Feet) dba SBC Ohio, an Ohio corporation .. 0 10 .. ~..-J I I SITE EASEMENT LINE BEARINGS DISTANCE Ll S8S'10'09"w 10.00 I L2 N04.49'Sl "w 10.00' L.3 N8S'10'09"E 10.00 I L4 S04' 49'Sl"E 10.00 \ ./ ./ City of Dublin // :xl ///r Instr: 200011210236365 ---.. ~ 2.512:1: Acres ~ / / '\ ~ .. \ I / (; 9;:- PROPOSED S8S'10'09"W \ .t,~ / ,,0 & / "' (j 10'XlO':i: 17.22' ~ I .'!t~ SSC EXCLUSIVE ' lrJ 0 . I~ SITE EASEMENT / / I d- I I 20' UTILITY _L - -- -- EASEMENT .I -- -- ---- ~ - 12"STM -- -- -----". -R./w 8 i ./ ; --- -- -- ------ - - i _ WOERNER TEMPLE RD ------ /j - _\- - - -- ..~- . ------.::..- --'- - - - - - - -z - - - - - - - ------, \ \ - - . --- --:- --C/L-(/) - .-J -------_N______-- ----." - - - - _(~_V~RIES~ _ c1- _ _ _ _ _ _ _ _ _ _ - __ \ "- - "'- \ ---- .-3/ . '\. \ - - R/W --~ \1'..... \ ~ \ \ ., Dublin This document was prepared by ADC Information Technologies Inc. dba Integrated Building Systems, for the limited use of The Ohio Bell Telephone Company dba sse Ohio to identify the easement location and is not intended to represent an accurate survey of the property. Subject to all legal easements and rights of way of record. All Records from the Recorders Office of Franklin County, Ohio The easement bearings are based on: City of Dublin Instrument Number 200011210236365 . . -. - -- --- - I I . , I EXHIBIT 'B' Description of SBC, Ohio Exclusive Site Easement Situated in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey No. 3453, containing 2.512 acres, more or less, conveyed to City of Dublin by Instrument Number 200011210236365, Franklin County Recorder's Office, said easement being described as follows: I Beginning for reference at the intersection right-of-way of Warner Temple Road and Baronscourt Way; thence continuing South 39 degrees 57' minutes 16 seconds West 21.50 feet along the North right-of-way of Warner Temple Road to a point; thence South I 85 degrees 10 minutes 09 seconds west 17.22 feet to The Point of Beginning; Thence South 85 degrees 10 minutes 09 seconds West 10.00 feet to a point; Thence North 04 degrees 49 minutes 51 seconds West 10.00 feet to a point; Thence North 85 degrees 10 minutes 09 seconds East 10.00 feet to a point; Thence South 04 degrees 49 minutes 51 seconds East 10.00 feet to the Point of Begirming Bearings based on City of Dublin, Instrument Number 200011210236365. I I I I I