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HomeMy WebLinkAbout07-04 Resolution RECORD OF RESOLUTIONS Dayton ~~~_~i3~~~k, \n~,_,-~~m No. 30045 ---'-" Resolution No. Passed .20_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH AMERICAN ELECTRIC POWER (AEP) FOR THE DEVELOPMENT OF DARREE FIELDS PARK WHEREAS, the City of Dublin has received a request from American Electric Power (AEP) for an easement; and WHEREAS, the easement is for electrical service infrastructure and is necessary to support the development of the parking lot at Darree Fields Park; and WHEREAS, the location is on the east side of Houchard Road, south of Dublin-Plain City Road (S.R. 161) and west ofCosgray Road; and WHEREAS, the Parcels numbered 275-000002,271-000010, and 274-001008, where the easement will be located, are City-owned property. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, S of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute an agreement with American Electric Power (AEP) for an easement The easement is located on the east side of Houchard Road, south of Dublin-Plain City Road (S.R. 161) and west of Cosgray Road. Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this /7 -Ii.. day ofJ-l.hvua~/ ,2004. Attest: ~~~ 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. 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 ManagerJ60 ~ Date: February 11, 2004 ~ A Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer 3~ Barbara A. Cox, P .E., Assistant Director of Engineering - Development Re: Resolution 07-04 Authorizing the City Manager to Execute an Easement with American Electric Power (AEP) for the Development of Darree Fields Park Summary: In 2002 and 2003, additional soccer fields and associated parking were constructed in Darree Fields Park on Cosgray Road. These park improvements include the installation of a groundwater well for irrigation, lighting for the parking lots and construction of proposed future restrooms. These amenities require the extension of electrical service to this location. American Electric Power (AEP) provides electric service in this area and has installed the needed infrastructure, however they have requested a 10-foot easement over the alignment of the electric service. Please find attached a copy of the written request for the easement from AEP as well as the easement documentation. The documentation has been reviewed by staff and is consistent with past easements typically granted to AEP upon City-owned property. Recommendation: Staff recommends approval of Resolution 07 -04 authorizing the City Manager to execute an easement with AEP for the development of Darree Fields Park a: AME.ICAN~ American Electric Power ElECf.,C 850 Tech Center Drive Gahanna, DH 43230.6605 POWE. www.aep.com December 17,2003 Ronald Bums City of Dublin 6555 Shire-Rings Rd, Dublin, Ohio 43017-1066 " RE: E]ectric Easement Dear Mr. Bums: The Columbus Southern Power Company is required to obtain an Easement and Right of Way for the installation of underground electric service to 6259 Cosgray Rd. Please find enclosed an easement to be signed and notarized. Please return the properly executed easement in the enclosed envelope, or call me, and I will pick up the easement The easement copy and construction print are for your records. If you should have any questions or concerns regarding the easement, please feel free to call. Thank you very much for your consideration in this matter. Sincerely, O~'r1 Diane Montgomery ~ Right of Way Agent Columbus Region-Region Support (6]4) 883-6869 office (614) 296-] 772 cell phone Enc!. Eas. E AMERICAN" ELEC'Iale POWER Easement & Right of Way . AEP, .Amerim's Energy Parlner~ City of Dublin, Ohio, an Ohio municipal corporation, "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 Rd., 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", for electric, other energy or communication purposes for current/future uses, overhead and underground, in, on, over, through and across the following described lands situated in Washington Township and the City of Dublin, Franklin County, Ohio, and being part of Virginia Military Survey Nos. 6954, 14150, 14400, and 6748, in Instrument Nos. 199801050001734 and 199801050001735 dated 01-02-98, containing 157.339 acres; in InstIUment No. 200205230128870 dated 05-23-02, containing 31.049 acres; and in Instrument No. 199904140093283 dated 04-07-99, and Official Record Volume 13527E15 dated 05-24-89, containing 42.672 acres and 1.931 acres, of the Franklin County Recorder's Office. (Parcel Nos. 275-000002, 271-000010, and 274-0010(8) Said lines shall be constructed within the limits of a Ten (10) feet wide strip of land, the centerline of which being the electric cable as installed beneath the surface of the ground. The approximate location of the centerline being as shown 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 utility facilities, with poles, anchors, guys, supporting stIUctures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment, as it may deem appropriate, adding thereto from time to time; perfOlID 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, undergro\\1h, of whatever size, (including those that are dead, diseased, weak, or leaning), buildings, structures, or other obstIUctions that in 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, stIUctures, pile or debris, interfere with lateral support, construct any swimming pool, 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 deeper than eighteen (I 8) inches, 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, subject to Grantor's consent, which shall not be unreasonably withheld. 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 constIUcted within the Easement and Grantor shall conduct constIUctionlmaintenance activities on its property consistent with all applicable safety IUles and regulations for working near electric lines. Safety/required clearance issues may be referred to Gralltee's Engineering Group and if Grantor initiates allY constIUction 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 or Grantor 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. WITNESS, Grantor(s) signed this Easement on the day of ,2003. City of Dublin, Ohio, an Ohio municipal corporation By: Print Name: LI COpy Title: By: Print Name: Title: 11 21 60 CALL BEFORE YOU DIG!!! . STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of ,2003, . by Notary Public Commission Expires STATE OF OHIO, COUNTY OF . ss: The foregoing instrument was acknowledged before me this day of ,2003, by Notary Public Commission Expires STATE OF OHIO, COUNTY OF . ss: The foregoing instrument was acknowledged before me this day of , 2003, by [Name] [Title of Officer], of [Corporation Name], a [State of incorporation] corporation, on behalfofthe corporation. Notary Public Commission Expires STATE OF OHIO, COUNTY OF . ss: The foregoing instrument was acknowledged before me this day of ,2003, by [Name of partner or agent], [Title of partner or agent], on behalf of [Name of principal]. Notary Public Commission Expires STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of ,2003, by [Name of attorney in fact], on behalf of [Name of Principal]. Notary Public Commission Expires For use by Recorder's Office and Auditor's Office. Eas. No. Address: 6259 Cosgray Road (Darree Fields Park) Dwg. No. 112160 W.O. No. WOOO650701 Easement prepared by Columbus Southern Power Company DM EXHI BIT "f{' I ~ ' \ \ I I i Install \ '. 1804895764812 \ ._ ..' ..." .._' .. . . SEC-CABINET\ __ ~1' 1N 3 SETS OF .. ... ... . IX.._ """, \\ \ SOO'MCM'CU SEC COND \... -u U 11 : .._-., I . -~,,~\,,--, \; ~ r ~ J.r:l..,..\ ' ---- \.... ' \ ..... '..\' ,v "_II : . ' .J \ \\ ~~-' ~ (f- ~ lJ===\11 \ /~ I:.... n . . 11... ....' n ...-- i G G :.\1 , / ......., . .Jt..._....' -.\\ __ \ \ / --::.i.l<::::- --,~ 1 "1 ' \ -~j F 12' X I' - . . , --/1 b' \ ___- .._. . ( I' ..- 18053850 I I , \ \ L 10/ 784854 i I I :.: ~l _,...._. ...' .-". ....-!''--__J _) Install Xfmr \ \ \ :;. ,-- \ 1804900764811 I . .;co. .o...._H...-. 1>RofbsEb j 1-750 ABC \, 'h-J{.:....-\t~_,., ,./ ~S~O~MER 1,7J~ggv \ ~ II \\.: '. 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