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34-08 ResolutionRECORD OF RESOLUTIONS Blank, InC_ Form No. 30045 Resolrrtinn tVo. 34-08 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH THE OHIO BELL TELEPHONE COMPANY (AT&T) FOR THE INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT Passec( , 20 WHEREAS, The Ohio Bell Telephone Company dba AT&T Ohio (AT&T), an Ohio corporation, has requested anon-exclusive strip easement and exclusive site easement from the City of Dublin, an Ohio corporation, to accommodate relocation of telecommunications facilities into aCity-owned property located south of Summit View west of Sawmill Road and more particularly described as being: Situated in the State of Ohio, County of Franklin, City of Dublin, Quarter Township 2, Township 2, Range 19, United States Military Lands, located in Reserve "B" of Wyandotte Woods Section 4, as recorded in Plat Book 104, Pages 5 & 6; and WHEREAS, AT&T desires to install fiber optic cable and electric service along with a new cabinet to upgrade services to properties in this area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~_ of the elected members concurring: Section 1. The City Manager is hereby authorized to execute an agreement with AT&T for an easement. The easement is property located within City of Dublin-owned land located south of Summit View west of Sawmill Road. Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~~ day of , 2008. Mayor -Presiding ATTEST: ,~~ngClerk Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN. Phone: 614-410-4400 • Fax: 614-410-4490 M em o To: Members of City Council ~ ^ From: Jane S. Brautigam, City Manager ~~ow ~ . ~~.~,,.~, ~ti q-~ ~~J Date: May 15, 2008 Initiated By: Paul A. Hammersmith, Director of Engineerine, /City Engineer Kristin K. Yorko, P.E., Civil Engineer Re: Resolution 34-08 -Authorizing the City Manager to Execute an Easement with The Ohio Sell Telephone Company (AT&T) for the Installation of Telecommunications Equipment. Summary The City of Dublin has received a request from The Ohio Bell Telephone Company dba AT&T Ohio (AT&T), an Ohio corporation, for an exclusive site easement and anon-exclusive strip easement to install telecommunications equipment on City-owned property located south of Summit View to the west of Sawmill Road. Attached is a copy of the easement documentation submitted to the City. The documentation has been reviewed by staff (including legal) and is consistent with past easements typically granted to AT&T on City-owned property. AT&T has paid the required fee in accordance with 5-191. Recommendation Staff recommends approval of Resolution 34-08 authorizing the City Manager to execute an easement with AT&T for the installation of telecommunications equipment. AT&T OHIO EXCLUSIVE SITE EASEMENT/NON-EXCLUSIVE STRIP EASEMENT Undertaking No. 6408267 Parcel No. 273-O11296 For a valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the undersigned City of Dublin, Ohio, an Ohio municipal corporation, formerly known as the Village of Dublin, ("Grantor") hereby grants and conveys to The Ohio Bell Telephone Company dba AT&T Ohio, an Ohio corporation ("Grantee"), and its affiliates and licensees, successors and assigns an Exclusive Site Easement and Non-Exclusive Strip Easement (the "Easement") in, under, and across the Property (described below), for the purposes of and in order to construct, reconstruct, modify, maintain, operate, and/or remove facilities for the transmission of signals used in the provision of communication, video and/or information services and/or any other services or uses for which such facilities maybe used including, above ground equipment cabinets or enclosures and support posts or pads, pedestals, or other marker posts, and signs, and other related or useful equipment, fixtures, including underground messenger strand, cables, wires, enclosures, appurtenances and facilities, together with the right to have commercial electrical service extended across the Property (described below) and the area of the Easement to provide service to such facilities and the right of ingress and egress across the area of the Easement and those portions of the Property as are reasonably necessary 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, Quarter Township 2, Township 2, Range 19, United States Military Lands, located in Reserve "B" of Wyandotte Woods Section 4, as recorded in Plat Book 104, Pages 5 & 6. The Easement as described in Exhibit "A" and depicted on Exhibit "B" (the "Easement Area"), attached hereto and made a part hereof: Non-Exclusive Strip Easement and Exclusive Site Easement The Grantor represents and warrants to 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. In the event Grantee, as a result of the construction, reconstruction, modification, maintenance, operation and/or removal of the utilities and/or facilities permitted herein, causes damage to the Easement Area and/or the Property, then Grantee shall promptly repair any such damage and restore the Easement Area and Property to its former condition as nearly as is reasonably possible. Grantee shall have the right to remove or trim such trees and brush within the Easement Area depicted on Exhibit "B" as is reasonably necessary to exercise the rights conveyed herein. jH1224294.2 1 The Easement granted herein is subject to any previously granted rights of record, and Grantor retains the right to use the Easement Area depicted on Exhibit "B" for all purposes which do not materially impair Grantee's use of same. Grantor shall not cause or allow any permanent or temporary building, structure, facility, or improvement to be constructed in or upon the Easement Area, except utility service lines, paved parking areas, driveways, and sidewalks. Grantee shall indemnify, defend and save harmless Grantor for all claims, expenses, damages and liabilities asserted against it (i) for mechanic's and materialman's liens and any costs and reasonable attorney's fees incidental thereto, (ii) on account of any injury to or death of any person or persons, or (iii) on account of damage to any real or personal property, in every instance caused by, connected with, or in any way attributable to Grantee's use of the Easement Area permitted herein or Grantee's failure to comply with any of the terms or conditions hereof, except to the extent that same is the result of the negligence or misconduct of Grantor, its successors and assigns. The agreements contained herein shall run with the land and be binding upon and inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. City of Dublin, Ohio an Ohio municipal corporation By: Jane Brautigam, City Manager STATE OF OHIO ) )SS COUIv'TY OF FRANKLIN ) Personally appeared before me, a Notary Public, in and for said County and State, This day of , 2008, Jane Brautigam, City Manager for the City of Dublin, Ohio, an Ohio municipal corporation, who executed the above easement for and on behalf of such municipal corporation in her capacity as City Manager. Notary Public Signature Notary Public Printed My Commission Expires CHI?24194.2 } Prepared by: AT&T Ohio 111 N. Fourth St. Columbus, Ohio 43215 ~~~z~az9a z, um-wms-..» n or- ~nxc.. U ~ ~ >~~ ~L 2 g ~ g nt ® s ~3g ~ cv `Wt zqx q Ob 9 4 ~~ ~ I `~S3 (T ~ "J n nOq R o d $ wga3 a r, n ~ o ~ i _ ~~~~ 2" $ 1 ~= ~ ~ I E ,~~, ~ ! N N029Y25 ~ qq~ I ~ I p i;'+ n ~~ ~OV a 2'0 I C N ~ E~~ \" m a a v b 07~25~ ~ ~ ti 10.00' h q ~ K ~_ ~ ~ ~ ~ O 111 I Q ~~ j 0~~~~ jj zab= r v :a ~ i ~ c~ ~~N~~ V Li lU C ` o~ ~ Q~O $~ ~ i~ n~~j~~ c~ ~ ~'~ u~ ! ^Si c~Z~ Y 2 o~ ~ ~ a )1:: ~ zti~~ O~Z `~' v~ u I I~ ~a~y a a ( a 2 m~~~ '" ~" ~yy'~ ic~na b4 ~"ie ~~b O ~ Z }sg NO?3l'25~ t62.~8~ ^i g v ~ SO?'77'?5"q m g 169.98' ~ ~ ~ V 1 H V K ~'~ i ~ b "A Op~~ ~ ~ n ~ _ GLENCREE PCAC t© .°u a a §~ o ~~ a < I w u.u~umniy..~ , H + 2 ~ ~ x .........=,..9T =; ~ m ^141 ~r~1 i~ v ~I ca Z "~ ' •q. .''p~1's ~ N ~„ s a - a El'H1BTT °A° TELEPHONE STRIP FdCSLKENT 0.051 ACRE Situated is the State of Oltio, County of Franklin, City of Dublin, lying in Quarter Towoslvp 2, Township 2, Range 19, United States 3rfilitary Lands, being a 75 foot slip of land oa, over, and aacss Reserve `B" of "Wyamdotle Woods Section 4", a subdivision of tarord m P)et Book 104, Page 5, as conveys! to City of Dublin by deed of record in Ioatnim®t Number 2004102902A9665, (all references are to the records of ibe Rccwder's Office, Franklin County. Ohio) and being ~re patticuta:ly desatbed as follows: Beginning, for iefa~ence in the southerly rigbt~of-way line of Summit View Road, at the nortlxanedy coma of said Reserve `B", and in the westerly lice of the 1.86 acre tray conveyed to Tef&ty A Jatry and Dnmthy A. Tanyby deed of tecoxdm inslxtmtmt Number 200109180215170; Thence South 02° 37' 25" West, a distinct of 169.98 feet, with the wcstaly line of said L86 arxe tract, to the nottheaaterly corns of Lot t28 of said "Wyandotte Woods Sxtion 4"; Thence North 86° 44' 34" West, a distance of 65.00 fret, with the northerly line of said Lot 128, to the TRUE PO1P71' OF BEGINNING; Thaxe North 86° 44' 39" West, a distance of 296.44 fts, with the mrWealy line of said Lot 128, and the northsdy tines of Lots 127 and 726 of said "Wyandotte Woody Section 4", to a point; Thence acxnas said Reserve "B", ttu fol[owiag comscs end dlstaoces: North 02° 37' 2S' East, a distance of 7S0 fat, to a point; South 8b° 44' 39" East, a distance of 296.44 feet, to a point; Tlteace Sau6 02° 37' 2S' West, a distance of 750 feg, to the?RUE POIN*I' OF BEGINNING, co~aining 0.051 aac, mote or ]ess. ~y~P~(E-~F ~y'O, EVANS. MECFIWART, ILIMBLECON,&TII.TON. INC. *? FtEATHER •~t*', ~3fx/g L ItlNG _ titer L. King e AA ~ AS_S3O ~ ,~ F_S'OfCS40na1 Snr4ey0t NO. $307 E7IIHBZT "A" TELEPHONB SITE F.A: 0.002 ACRE Situated in the Stale of Onto, Cowty of Franklin, City of ITUbim, lyiug is Quarto Towasttip 2, Township 2, Range 19, United States Military Lends, being a 7.5 foot strip of land on, over, and aaross Resern `B^ of "Wyandotte Woods Sxtion 4", a subdivision of recxird in P}at Boot 304, Page 5, as conveyed to City of Dublin by deed of record is Insaumeat Number 200470290249665, (atl references axe to the ncoxds of the Recocda's Office, Franklin County, Ohio) and being more particularly desccibod as fotlows: Beginning, for tcfercncc, in the southerly right-of--way line of Summit View Road, at the aoxtheasterly corner of said Rcsetvc 'B", and in the westerly line of the 1.86 acre tzact conveyed to 7efliey A. tarry and Dorothy A. tarry by decd of record in Irtsmtmcat Nrmmber 200 1091 80215 7 70; Thence Swap 02° 37' 25' West, a distatxe of 1 fi9.48 fen, with the westerly line of said 1.86 acre tract, to the nDrtheasta-ly corner of Lot 128 of said "Wyloxdotte Woods Sxtion 4"; Thatce North 86° 44' 39' West, a distance of 55.00 feet, with [ht>mrthedy line of said Lot 128, to the TRUE POINT OF BEGINNING; Thence North 86° 44' 39" Wes; a distance of 20.00 fat, continuing with the northerly line of said Lot 728, to a point; Thence across said Reserve "B', the following mmscs and distaoccs: North 02° 37' 25" Past, a distance of 10A0 fat, to a point; South 86° 44' 39" East, a distance of 70.00 feet, ro a point; Sonth 02° 37' 25" West, a distance of 10.00 feet, ro the TRUE POINT OF BEGINNING, hunt°:nirtg O.t102 BCIL, chore OL less. E OF * .i HEATHER ~t L KSNG HLKwv/Mu08 0 0yl ac rck~ L. Iting anal Surveyor No. 8307 )7 + N ~~;~'°_ $ .. ~ TII.TON, INC. ~/1 E7'=TT "A* TELEPHONE STRIP EASEMENT 0.637 ACRE Situated is the Stau of Oltio, County of Fravklixy CYry of Dublin, lying in Quarto Township 2, Township Z, Ravgr 19, United States NTilitary i'.,~t°. being a ?S foa ship of land on, Duey and across Resavt 'B" of "Wyandotte Woods Section 4", a subdivision of record in Plat Book f04, Page 5, as conveyed to City of Ihthlin by dad of record in Instrumcoi Number 200430290249665, {all references are to the records of the Recotdu's Office, Fttmklm County, ghio) end being nwcc particularly described as follows: BEGL'~NING in the soudtaly right~of--way line of Summit View Road, at the nordteastedy comer of said Reserve "B", and m the westerly tine of the 1.86 acre tract conveyed to 7etTrey A. Jarry and Dorotlry A. 7arzy by dead of recordm Inattummt Number 200109180215170; Thmce $pWh 02° 37' 25" West, a distantx of 169.98 Fed, with tIm westerly line of said 1.86 s¢e t~ to the rortbeastcrly comer ofl.ot 128 of said "Wyandotte Woods Section 4"; Thrace North 86° 44' 39" West, a distance of 55.00 feet, with the northcly line of said I.ot 128, to a point; These across said Reserve `B". the following courses and distances: North 02° 37' 25" East, a distance of 750 feet, to a point; South 86° 44' 39" Fast, a distance of 47.50 fed, to a quint; North 02° 37' 25" Fast, a distance of 162.48 fed, to a point in said southerly right-of--way litre; Thence South 86° 44' 39" Fast, a distance of 7.50 fed, with said southerly ightof--way tine, to the FOIIv7 OF BEGINNING, containing 0.037 acre, owre or less. ~ai,nuv,n,n,.. ,' -(ti OFO "~ EVANS, MECHWART, BAMBLETON, B: TR.TON, LNC. ;.~,~P;...........,•yo~.; ~~ ~ • HEATHER ': * !/ / L ~ 3/3(!a? ' 1gNG i ' eatha L I:iog =~o°: $-8~¢~:=O~~rofessional Surveyor No. 8307 0 031xtde ®[9t~y repy~•~.....••.nS~'`'