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Home My WebLink About09-07 ResolutionRECORD OF RESOLUTIONS 1 Fo~m No. 09-07 Resolution No. Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH THE OHIO BELL TELEPHONE COMPANY (AT&T) FORTHE INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT WHEREAS, the Ohio Bell Telephone Company dba AT&T Ohio (SBC), an Ohio corporation, has requested an non-exclusive easement from the City of Dublin, an Ohio corporation, to accommodate relocation of telecommunications facilities into City-owned property located south of Tara Hill Drive and east of Ketchum Court, and more particularly described in O.R. Vol. 23072, Pg. D15, in the Franklin County, Ohio Recorder's office, and as depicted on Exhibit A attached; and WHEREAS, AT&T desires to install fiber optic cable to replace existing coaxial cable that is experiencing service interruptions and inconsistency of data transmissions due to undesirably wet ground conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, _~ of the elected members concurring: Section 1. That the City Manager is hereby authorized to execute an agreement with AT&T for an easement on said property described above. Section 2. This resolution shall take effect and be in force upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this day of _ ~e,,~jt-uar~l , 2007. Mayor -Presiding Officer Attest: ~naClerk~' Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of City Council From: Jane S. Brautigam, City Manager ~o.,..t.5. Q ~-- 1 Date: January 30, 2007 Initiated By: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer Memo Re: Resolution 09-07, Authorizing the City Manager to Execute an Easement with The Ohio Bell Telephone Company (AT&T) for the Relocation of Telecommunications Equipment r Summary The City of Dublin has received a request from The Ohio Bell Telephone Company dba (AT&T), an Ohio corporation, for anon-exclusive easement to relocate telecommunications equipment on to City-owned property located south of Tara Hill Drive and east of Ketchum Court. Wet ground conditions have caused deterioration of existing subsurface telecommunication lines requiring that new facilities be placed to serve its customers. This request was initated prior to January 1, 2007 and as such, the fee for reviewing utility company easements on City property is not applicable. The City of Dublin granted aright-of--entry for this site in 2006 to perform this work, which alleviated any service interruptions to residents in the immediate area. Attached is a copy of the easement documentation submitted to the City. The documentation has been reviewed by staff and is consistent with past easements typically granted upon City-owned property. Recommendation Staff recommends approval of Resolution 09-07 authorizing the City Manager to execute an easement with AT&T for the relocation of telecommunications equipment. EXHIBIT "A" TO AN EASEhIENT DATED SCALE: N. T. S. FR0h4 CITY OF DUBLIN CITY OF DUBLIN TO T1YP OF THE OHIO BELL TELEPHONE COMPANY COUNTY OF FRANKLIN d/b/a AT&T Ohio, an Ohio corporation STATE OF OHIO NORTH .o/ ~'C \ T9RA X/`` O R ~~~V \~ ~ \ 347.681 ~/C 83 ~'/W_ -~ 80 ---, _- 'Pi r 1 P~~ \ ~ ,o, I ~ EASFJAENT I I II I I I 18 I 82 I 81 79 '~ I ~~~` \ ~ I I / I `~~~ ,i Q~~// P/L ~ \ \ / / \~~ / RESERVE i1 ~ (\ ~ ~/ ~/ a .~/Q~~ ~ \ , ~h/ ~ b"~/ `. \ 5"' R~~ i ~'~ \~`.~ / EX 10' WIDE \ ~~\ ~~ / OHIO B£CL EASEMENT / ~.~\/ / OR VOL. 06889, P6 Fll EX. 10' W10E OHIO BELL ~~ TELEPHONE EASEMEM / ~ / ~,<~~ ; O.R. VOL. 06431, PG. 810 / ~ \ / / / ~, CITY OF DUBLIN // \ ~/ I P. N 273- 002702 / ~ ~I 0. R. VOL. 23072, PG D>5 /Q\~ pROPOSED T. D 6/25/93 / lo'x22o'f RESERVE A " I AT&T NON-EXCLUSNE / STRIP EASEMfM THIS DOCUMENT WAS PREPARED BY THE FISHEL AT&T UNDERTAKING t 5527921 COMPANY FOR THE LIMITED USE OF THE OHIO BELL RE UESTER TELEPHONE COMPANY d/b/a AT&T Ohio. an Ohio DRAWN BY R. AFEWORK corporation TO IDENTIFY THE EASEMENT LOCATION CHECKED BY APPR0I ED BY AND LS NOT INTENDED TO REPRESENT AN ACCURATE DATE 8 2 O6 EVISED B DATE SURVEY OF THE PROPERTY. SHEET NUMBER 1 OF 1 TftL' FISKF.L C0.4fPA:1'Y--1600 If'ALCUTT ROAD- COLUMBUS, OHIO 43228-~614~ 850-9900 LINE R=~FIPI~ ~IS"A`:CE LI C` JJV 't ~' .:.~. ~~I L.~ ~t L2 \ Sr,•t z,'vr t59.a~i; S LJ t ~ S.i y..~C,Jy.. X71 A7.'.'~t L4 \15'2`;'48"1'. '. 89!t L5 N35'22'S8"E 5C.:2'! L6 S56't 7'27-E 18B.a0R F.X.HIBIT "A" DESCRiP'TION OF AN SBC NON-EXCLUSIVE EASEI~'IENT ('fhe Ohio Bell Telephone Company) Situated in the City of Dublin, County of Franklin, State of Ohio, and being anon-exclusive easement out of a parcel of land known as Parcel Number 273-002702 as conveyed to The City of Dublin (hereon reforred to as grantor) in O.R. Vo1.23072, Pg. D15, Reserve "A" of Hemingway Village \Vcst Section 2 as the same is delineated upon the recorded plat thereof, record in Plat Book 63, pages 37 and 3S of the Recorder's Office of Franklin County, Ohio and being more particularly described as follows: Commencing for reference at the northeast corner of lot 73 of Hemingway Village West Section 2, thence with the east line of said Hemingway Village the following three courses S 55° 07' 20" \V 126.70 feet to a point; N 88° 49' 35" W 2.03 feet to a point; S 36° 49' 35" 1V 310.44 feet to a point; Thence N 53° 10' 25" W 10.00 feet to a point, said point being the POINT' OF BEGINNING of the non-exclusive AT&T casement herein described; Thcncc through the grantor's land on new division lines the following courses; S 3G° 49' 35" W 10.01 feet to a point; N 56° 17' 27" W 159.80 feet to a point; S 39° 22' S8" W 47.1 l feet to a point; N 19° 25' 48" W 11.69 feet to a point; N 39° 22' S8" E 50.12 feet to a point; Thence S 56° 17' 27" E 169.40 feet to a point the POINT OF BF.GINNINC of the exclusive casement herein described and containing 2132.10 _ square feet of land. $020016 5527921-175625 AT&T OHIO Undertaking No. .SC27921 Parcel Number: 273-1111?711? For a valuable consideration of one dollar (SI A01, receipt of which is hereby acknowledged, the undersigned (Granhmy 1'he Cfty o(Uublin hereby gents and conveys to The Ohio 6tll Telephone Company dba ATS1' Ohio, an Ohio Corporation, and its affiliates and licensees, successors and assigns (collectively "Grantees") anon-exclusive easement in, under, and across the Easement Area (described below), for the pmposa of and in order to construct, reconstruct, modifi~, maintain. operate and/or remove facilities for the mansmission of signals used in the ptrovision of communication. video and/or information services and/or any other services or uses for which such facilities may be used including, above ground cyuipmcnt cabinets or cnclosurcs and supponp osts or pads, pedestals, or other markers poll, anJ signs, anJ other related ur useful equipment, fixtures, including undtrground messenger strand. cables, wires. enclosures, appurtenances and facilities, together with the right to have Commerciale lecnical service extended across the Property (described below) and FascmentA rca to provide service to such facilitits and the right of ingress and tgress across the Property and EasementA rca for the purpose of access to and use of the tasemem greeted htrcin. The property is legally aleacribed as being: Parcel Number 273-002702 as conveyed ru The Cily of Dublin thereon r<lerrcd w :rs gr:mwr) in QR. VoL 23u72, Pg. 015. Reserve "A" or Hemingway Village West Section ? as the same is dclincaicd upon the rccord<d plat nc~rcol~, record in Plar Book 63, pages 37 :rod 38 or the Recorder's Uflice of 1'ranklin Counry•. Uhio Being the same property as recorded in: Vol. ?3072, P>;. D15 County Records. Tht EasementA rca as shown on Exhibit ".A" attached hereto and made a pan hereof: The Grantor represents and w:urunGe to the Granttt that Grantor is the true and lawful owner of the Property and has full right and power to gmnta nd convey the rights conveyed herein. Grantee hereby ttgrces to restore all property disturbed by its activities in use of the casement to the condition existing prior to the disturbance. Granttt shall have the right to remove or u'im such [rots and brush in the Easement Area as is necessary to exercise the rights com•eyed herein. The Grantor shall not construct improvements in the Easement Area or change the finish grade of the EasementA Ira without Iht consent of the Grmtee. Thi. Easzmem is binding upon and shall inure to the hatetit of the heirs, succesors, assigns, and licensees of thz patties hereto. Signed and Acknowledged by: By: Jane Brauli};am, City \Im[ager for The City of Dublin STATE OP OH10 COUNTY OF Franklin Personally appearod before me. a No[ary Public, in and for said Cowuy ;mJ Stxtc, this Jane [irautig:[m, Cih• Manager for The Cih• of Dublin who acl:nowlcdged the zxzcutiun of the abrn'z zasement. My Commission Expires AT&T Ohio I50 East Gav Street Columbus, Ohio 43215 This documentw as drafted by the :1TS'1' Lzga1D zpanmcnt. 225 W. Randolph StreetC hicago. 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