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HomeMy WebLinkAbout10-93 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank Co.. orm N. 30045 Rcs��lufirni \o. 10-93 i9 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONVEY A 20 FOOT EASEMENT IN THE OPEN PARR SPACE ALONG COSGRAY ROAD TO OHIO BELL TELEPHONE COMPANY FOR INSTALLATION AND MAINTENANCE OF UNDERGROUND COMMUNICATION SYSTEMS, RESCINDING RESOLUTION 7-93, AND DECLARING AN EMERGENCY WHEREAS, Council previously passed Resolution 7-93, authorizing the City Manager to grant a five foot easement along Cosgray Road to Ohio Bell Telephone Company for installation and maintenance of underground communication systems; and WHEREAS, expansion of the easement area to 20 feet will allow for the preservation of existing trees on the south property line. NOW, THEREFORE, BE IT RESOLVED by Council of the City of Dublin, State of Ohio, r of the elected members concurring that: Section 1. The City Manager be and hereby is 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 for the open park space along Cosgray Road owned by the City for the purposes of installation, construction, reconstruction, operation, maintenance, repair, supplementation and removal of its underground communication systems, all as more fully described in the said easement attached hereto. Section 2. Resolution 7-93, passed by Council on May 17, 1993, is hereby rescinded. Section 3. This resolution be, and the same hereby is, declared to be an emergency measure for the preservation of the public peace, health, or welfare of the residents of this City, and therefore this resolution shall take effect and be in force immediately upon its passage. Passed this day of , 1993. a r — Pre ' ing Officer ATTEST: C� Clerk of Council Frere posted in the I hereby certify that conies of this ord'nanc�' n City of Dub -lin in accordance w th Sect -on 731.25 of the 01"o Revised Code. 01 L;4mvZiean e�t9fit of (Way Con:ia[tant:i VEY tn9 A DIVISION OF AMERICAN EASEMENT CORPORATION 1700 Stelzer Road • Columbus, Ohio 43219 (614) 471-2666 • FAX (614) 475-7809 A;. May 21, 1993 Mr. Balbir S. Kindra C/o City of Dublin 5131 Post Road Suite 105 Dublin, Ohio 43017-2182 Dear Mr. Kindra: Please find enclosed two copies of a corrected Exhibit "A" on the easement for The Ohio Bell Telephone Company. The original document calls for a 5' easement and the corrected document calls for a 20' easement. The correction is needed in order to preserve your trees on the south line of your property. I talked to Mr. Terry Foegler and Janet Jordon, and Mr. Bill Covey viewed the site with Mr. Earl Dingus, our agent, on Thursrlay, May 20. He felt there would be no problem granting a 20 -ft. .tide easement. Mr. Foegler and Ms. Jordan also agreed there would be no problem. If you have any questions please call me. S' cerel , d Donald F. kd enclosures Morris xc: Mr. Terry Foegler Mr. Bill Covey Ms. Janet Jordon Sandy Allton Foran 3780 (1-88) Easement THE OHIO BELL TELEPHONE COMPANY Easement PAGE 1 OF 4 In consideration of ONE & NO/ 100 Dollars ($ 1.00 ) and otherood and valuable considerations, receipt whereof is hereby acknowledged, W 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 propertherefor, 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 TOWNSHIP of WASHINGTON County of FRANKLIN State of Ohio, Known as being PART OF A TRACT OF LAND SITUATED IN PART OF VIRGINIA MILITARY SURVEY N0. 6748, BEING ALL OF LOT FIVE OF AN AMICABLE PARTITION XVC THE HEIRS OF JOSEPH AND JOHN A. OXY, 1�t CITY OF DUBLIN , AN OHIO K ICIPAL CORPORATION AND W &IINMM TTaniN l -U P BOARD OF TRMEES, DATED JIVE 6, 1989. OFFICIAL RECORD and beinq the same premises of record in X)OftBook 13527 Page E12 of FRANKLIN County Records. 13527 E15 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 & B "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: Said grant includes the right, at ail times, of ingress to and egress from said strip, ine +ighi 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 herein 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. PAGE 3 OF 4 EXHIBIT " A 11 To Easement Dated - a I I iii NMI TO 19 THE OHIO BELL TELEPHONE COMPANY 1 1 V.,1 IR010" 1 ` 1 " 11 1 10 11• :1'•1 1 THE CITY OF DUBLIN, AN OHIO W MCIPAL CORPORATION WASHINGTON TnUVA10LAn __ _ _ on_ SUBSIDIARY DEVEL. CORP. Prepared by AMERICAN EASEMENT CORPORATION Drawn by RHK AEC # 1503 Older No, 010286 SCALE NONE This ExhiW is Drawn For The Limited Use Of The Ohio Bell Telephone Company To Identify The Easement Location And Is Not Intended To Represent An Accurate Survey Of The Property. PAGE 4 OF 4 EXHIBIT "B" THIS REQUEST HAS BEEN REVIEWED BY ALL AFFECTED DEPARTMENTS AND THE PARKS DEPARTMENT HAS REQUESTED THE FOLLOWING TWO CONDITIONS: 1. REQUEST TO SIZE THIS LINE TO EASILY ACCOMMODATE FUTURE PHONES (2-4 PAY AND PRIVATE), LOCATED IN THE PARK. 2. FLEXIBILITY OF MOVING THE LINE AT SOMETIME IN THE FUTURE, ALL EXPENSES TO BE INCURRED BY THE PHONE COMPANY. THIS WILL NOT AFFECT THE PLANNED PARK ACCESS, HOWEVER, THIS MAY AFFECT THE PROPOSED EXTENSIONS OF SHIER -RINGS ROAD TO THE WEST. Form 3780 (1-88) Easement THE OHIO BELL TELEPHONE COMPANY Easement PAGE 1 OF 4 In consideration of ONE & NO/ 100 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 e own or in which WE have an interest situated in the T of WASH N County of FRANKLIN State of Ohio, Known as being PART OF A TRACT OF LAND SITUATED IN PART OF VIRGINIA MILITARY SURVEY No. 6748, BEING 11 1 ' 1 I All I►. yl,i_ i 1, �f� IC;�I 11 1.9 1► ll 1 I C I ' 1 11 1 I•' �I'•1" 1 ' 1 " 11 1 1 ►` 11' :1''1 1 TRUSTEES DATED U)E 6 1989. and being the same premises of record in V&U13527 Page E12 , of FRANKLIN County Records. 13527 E15 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 & B "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: 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 herein 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. VO* EXHIBIT " A " . To Easement Dated 19 _e '` II 1 1 � 11' :1'•1 1 TO THE OHIO BELL TELEPHONE COMPANY PAGE 3 OF 4 1 1: 1 1 1/ 1 1'� /1''1'� 1 ` 1 �` 11 1 1 ►` 11' :1"1 1 ' ► 11 ' 1 II • � � � �'1' 1' ti ' 1 : 1 1' 1 `1' 1:'1 1 THE CITY OF DLS jey AN Ow0 mL#ACIpAL CoRPORATION a WA&*JGTON TOWNSHIP BOARD OF TRUSTEES OR 13527E 12 OR13527E15 12.944ACf 20, x Za2o' 1 pKIO BEL T SHIER-R�NC'S RD. � R W SUBSIDIARY REVEL. CORP. Prepared by AMERICAN EASEMENT CORPORATION DrWU by RHK AEC # 15, 03 _ Order No. 010286 SCALE NONE This Exhibit Is Drawn For The Limited Use Of The Ohio Bell Telephone Company To Identify The Easement Location And Is Not Intended To Represent An Accurate Survey Of The Property. PAGE 4 OF 4 EXHIBIT "B" THIS REQUEST HAS BEEN REVIEWED BY ALL AFFECTED DEPARTMENTS AND THE PARKS DEPARTMENT HAS REQUESTED THE FOLLOWING TWO CONDITIONS: 1. REQUEST TO SIZE THIS LINE TO EASILY ACCOMMODATE FUTURE PHONES (2-4 PAY AND PRIVATE), LOCATED IN THE PARK. 2. FLEXIBILITY OF MOVING THE LINE AT SOMETIME IN THE FUTURE, ALL EXPENSES TO BE INCURRED BY THE PHONE COMPANY. THIS WILL NOT AFFECT THE PLANNED PARK ACCESS, HOWEVER, THIS MAY AFFECT THE PROPOSED EXTENSIONS OF SHIER -RINGS ROAD TO THE WEST.