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Home My WebLink About07-96 (AMENDED) Resolution RECORD OF RESOLUTIONS . . Dayton legal Blank Co" Farm No, 30045 I' ~c II -t Resolution No. 07-96u(Amended) Passed J9. u.. \1 Ii A RESOLUTION AUTHORIZING THE CITY MANAGER I 'I TO CONVEY A RIGHT-OF-WAY AND EASEMENT TO THE I 1\ I OHIO BELL TELEPHONE COMPANY WHICH WILL UPGRADE , I I SERVICE TO THE SUMMITVIEW ROAD AREA, AND I 1 I I DECLARING AN EMERGENCY \ I the city of Dublin has been asked to dedicate an , WHEREAS, I easement to The Ohio Bell Telephone company as generally I identified on the attached exhibit; I WHEREAS, the city Engineer and the Parks Director of the city of Dublin have determined that the required Right-of-Way and general easement location are satisfactory; WHEREAS, the easement will upgrade the existing phone service to residents in the Summitview Road area; WHEREAS, adequate landscaping screening will be provided by The Ohio Bell Telephone Company; WHEREAS, it is essential to provide adequate telephone service to ensure the safety, health and welfare of the public. NOW, THEREFORE, BE IT RESOLVELtbY the council of the city of Dublin, state of Ohio, of the elected members concurring, that: section 1, The city Manager is hereby authorized to execute on behalf of the city of Dublin the deed of easement attached hereto as Exhibit A and incorporated herein by reference to The Ohio Bell Telephone Company to service summi tview Road area, all as more fully described in the said easement attached hereto. Section 2. The city Engineer is hereby directed to have the Right-of-Way and Easement instrument recorded at the Franklin County Recorder's office. section 3. This resolution is declared to be an emergency measure necessary for the preservation of public peace, health and welfare of the residents of this city, and for the further reason that new housing developments in the existing areas are currently under construction and require this easement for the provision of phone service, and therefore, this resolution shall take effect and be in force immediately upon its passage. Passed this ~~ day of ~ 1996. I ~~ "I,' '~"D ostel', ':1 I,'" , l <) ..t!'('t,\H,,.J\J\ ~J'V1'" P " .' "'Ii'~'\ k:~,~' ",,,",,.v' " '" ' , d (oue. \ I, ~~I \~" IMl C'J\les vI, , . 13\ 25 ot the OHIO Re1lISe Mayor - Presiding Officer \ \ereoy ,"'" dance wHh $ecMn ' Uv bt Dubln\ In Qccor ATTEST: ~c.~. Ou~\in. Ohio I ~ C!--~ Clerk of Council RECEIVED Form 3780 (1-88) Easement . FEB 0 1 1996 DIVISION ur ENGII~EERING CITY OF DUBLIN THE OHIO BELL TELEPHONE COMPANY Easement In consideration of One and no/lOa Dollars ($ 1.00 ) and other good and valuable considerations, receipt whereof is hereby acknowledged, we hereby grant unto THE OHIO BELL TELEPHONE COMPANY, its successors and assigns, (hereinafter called the Company) a perpetual right of way and easement to in- - stall, construct, reconstruct, operate, maintain, repair, supplement and remove, at any time or times hereafter, its underground communication systems, together with all such communication facilities, including conduits, manholes, cables, wires, fixtures and ap- purtenances, as it may from time to time require or deem proper therefor, in, under, over and upon a strip of land as shown on exhibit(s) across the property and/or along the highway adjoining the property which we own or in which we have an interest situated in the rity of 011blin County of Fr::lnklin , State of Ohio, Known as being part of Lot 5 in Quarter Township 2, Township 2, Range 19, United States Military Lands and being the same property conveyed by deed to th~ CITY OF DUBLIN on January 6, 1987 Ottlclal KeCOl-d and being the same premises of record inxmBludxflNNk 1 f> Sf> 1 Page A20 , of Franklin County Records. Said underground communication system shall be constructed within the boun- daries of a strip of land as shown and delineated upon the attached drawing marked, "Exhibit A "and made a part hereof. With each and every right given to the company by this easement, the com- pany shall also have the perpetual right and easement to place above the strip of land shown in Exhibit 'A' the following: Above ground telephone equipment cabinets, together with all necessary concrete work aprons, pads, fixtures, closures, and appurtenances as may be required. Said grant includes the right, at all times, of ingress to and egress from said strip, the right to use the premises parallel to and adjoining the boundaries of said strip for the opera- tion of apparatus, appliances and equipment for any of the purposes herein specified, the right to clear said strip upon land of the undersigned, and the right to carry in said underground communication systems the communication facilities the company deems proper. The company shall promptly compensate the undersigned for all damage caused by any of the operations which the company is hMein granted the right to perform. The company at its expense. shall restore all disturbed areas to as reasonable a condition as possible to the condition prior to any construction. The company shall indemnify and save harmless the owners of said property from all damages to said property and from all claims and causes of actions for personal injury and damages asserted against grantor by reason of any negligence in the construction of, and maintenance of said equipment upon said premises. The undersigned may use the surface of said strip provided such use does not interfere with the Company's use of said easement. DRAWING FOR 15' X 40' EASEMENT WITH LlTESPAN 2000 AND 4200G CABINETS ON SUMMIT VIEW NOT TO SCALE ~ PROPOSED 15' X 40' EASEMENT POWEH WITH LITES PAN 2000 AND 4200G CABINETS POLES WITH CONCRETE PAD APPROX.13' X 19' RNV SUMMIT VIEW RD TO SAWMILL RD >- --.:::0-' ir 0;'; t ~ 0 :::==:==::: PROPOSED TREES RfW 0 ------------r--A1- -, ; 0 I I? TO BE PLACED BY HIGH VOI.TAGE I~ 10' CHAIN--...I." DUBLIN PAR.<S DEPT. ELECTRICAL I L1NI< FENCE ~ 101 6~}~' TOWm i .' L: _I I I 0 I i~ I I I 15' I EXISTING r I WA TER TOWER I I I I I I I DUBLIN PARKS I I DEPARTMENT LAND I I , I I -- --- --- ---- --- ----- r- ..- - -- ---- - Ir - Ie'"'" I P/L P/L 1-- -- I NOTES: --___J 1. THE SUGGESTED LOCATION UNDER THE HIGH POWER LINES IS UNACCEPTABLE DUE TO ELECTRICAL INTERFERENCE WITH THE SOPHISTICATED ELECTRONICS IN THE L1TESPAN 2000. 2. THE L1TESPAN 2000 IS MANUFACTURED ONLY IN BEIGE. THE CABINET CANNOT BE PAINTED HIGH VOLTAGE ~ DUE TO THE FACT THAT ANY OTHER COLOR COULD INCREASE THE HEAT BUILT UP IN THE CABINET. ELECTRICAL 3. THE PROPOSED TREE PLACEMENTS OF 10' ON CENTER AND IN lWO ROWS WERE TOWER RECOMMENDED BY THE PARKS DEPT. THE TREEf' , .....)T INFRINGE UPON THE EASEMENT. EXHIBIT" A .. . . , To Easement Dated 19 FROM CITY DF DUBL It.J TO THE OHIO BELL TELEPHONE COMPANY . Being the property of tiT'{ Df 'VUBLlll A'J f1ECD~VEV J11 D.1t l~%; f&. AZD ON JAMUA~ Y ~I Iq81 11\\ FPlUJ~Ll~ tDUNTY OHID, S\1UA1Et7 1M "TIE ~TA IE OF OH)D I CbUNTY aF r'h~N~ UM I CJ1Y D~ UV'OL1lJ. \ ND EST VI/Vi) 800.10' TD f/L"", t 5UM~n~IE\N flU. ~AWMILL P&-~ S 8'50 10' 11" E - - .. a ,.,.... -R-JW -- - - ffiDfD,EV V~LlN 5lVEWAlJl A"EA ;c,. WllRlN E~~EMENT T C~UF\LH OFTHE 1'lE.DEEMER b MO~A'J IAN tHUVt[,H CITY OF VU5L1M rn a.ft. 1&,5G>3 f{1, A LO 15' x30' O.Y>I CD, EA~EMElJT ~LL 1'.A~IMm AIlV E~VJI'!'ENT ~ TO ~El 0 N PI E~ 11 I ry'l 'LD' tHiEA \.J.J ~ 0 -1ao ........ Ln ~o 10 Cl ::z T-l R-19 Scale I" : "30' t O~T 'ZIOZ"83 This Exhibit Is Drawn For T"e ltmtted Use Of Tne Ohto Bell Teleonone Comoanv To Icent'., DLA 59 BQ The Easement LOcation Ana IS Not Intenced To i1eoresent An Accurate Survey Of Tne Prooen, TPM