HomeMy WebLinkAboutResolution 52-13RECORD OF RESOLUTIONS
Dayton Legal Blank, Ino., Fonn No. 30045
52 -13
Resolution No. Passed . 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A UTILITY EASEMENT TO AEP OHIO FOR THE
PROPERTY LOCATED AT 6353 SHIER -RINGS ROAD
WHEREAS, the City of Dublin (the "City ") owns 17.228 acres, more or less,
with commonly known addresses of 6351 -6371 Shier Rings Road (the
"Property'l; and
WHEREAS, the City desires that electrical service be extended onto the
Property and has requested that American Electric Power ( "AEP ") prepare an
easement agreement to provide these services; and
WHEREAS, the City desires that AEP add electrical capacity to the one of the
City's Fleet Maintenance buildings to power an automated truck and car wash;
and
WHEREAS, the easement attached hereto as Exhibit "A" will enable AEP to
provide electrical service to the Property as requested by the City.
NOW, THEREFORE, BE IT RESOLVED by 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 the attached
Easement Agreement with AEP for an easement necessary to provide electrical
service to support an automated truck and car wash at a City Fleet
Maintenance building.
Section 2. This Resolution shall take effect upon passage, in accordance
with Section 4.04(a) of the Revised Charter.
Passed this day of 2013.
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Mayor — P e 5iding Officer
ATTEST:
Clerk of Council
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ATTORNEYS
MEMORANDUM
TO: Dublin City Council
Marsha I. Grigsby, City Manager
Michelle L. Crandall, Assistant City Manager
Dana McDaniel, Director of Economic Development
Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann
DATE: September 19, 2013
RE: Resolution No. 52 -13
AEP Easement to Service Fleet Maintenance Buildings
PROJECT BACKGROUND:
The City of Dublin ( "City ") owns 17.228 acres, more or less, with commonly known addresses of
6351- 6371 Shier Rings Road (the "Property', which house much of the City's fleet. The City
desires that AEP add electrical capacity to one of the City's fleet maintenance buildings on the
Property to power a new automated truck and car wash for the City to be installed next spring.
AEP requires the City execute the proposed easement in this Resolution to provide the
necessary power to the City's building.
ACTION TAKEN IN THIS CASE:
The City reached out to AEP regarding providing additional necessary electrical service to one of
the City's existing fleet maintenance buildings. In return, AEP prepared the proposed easement
for the City to execute. The Legal Department has reviewed the easement and has approved it
as to form for execution.
RECOMMENDATION:
The Law Department recommends approval of Resolution No. 52 -13.
onto
A unit of American Electric Power
1 August, 2013
Dear Sirs;
AEP Ohio
850 Tech Center Or ve
Gahanna, OH 43230
AEPOhio corn
The attached easement is required for Ohio Power Company to place electric
equipment on/over /under property owned by
C ( PE I�>y t3 c.., is . DEuo
and located at 0�3 S tit ER NG5 V
Please have the easement signed before a Notary and mail it back in the
enclosed envelope. If there are questions regarding this easement,
please call me at my home office, (614) 276 -2313, or on my cell phone at (614)
353 -8942.
Thank you,
Carl J. tscha
Contract Right of Way Agent
Encls.: Easement Document, Business Card, SSAE
Eas.
Easement & Right of Way
1
CITY OF DUBLIN, OHIO, an Ohio Municipal Corporation, "Grantor(sr, in consideration
of $1.00, the easement terms, and other good and valuable consideration from Ohio Power Company, an
Ohio corporation and a unit of American Electric Power, 850 Tech Center Drive, Gahanna, OH 43230-
6605, "Grantee ", the receipt and sufficiency of which is acknowledged, grants and conveys with general
warranty covenants to Grantee its successors, assigns, lessees, licensees and tenants, a right of way and
easement, "Easement" for electric and other current/future energy or communication purposes, overhead
and underground, in, on, over, through and across the following described lands situated in the State of
Ohio, County of Franklin, and in the City of Dublin, and being known as a part of Virginia Military
Survey Number 3004, and as part of the 34.295 acre tract conveyed from Alvin W. Rings and Doris L.
Rings described in ORV I1693A05, of the Franklin County Recorder's Office (Parcel # 274 - 000004 -00) .
The easement shall be Fifteen (15) feet wide, lying Seven and one- half (7 1/2) feet on each side of the
facilities as constructed. The approximate location of said easement is depicted on Exhibit A, attached
hereto and incorporated herein.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, repair, replace, enlarge, upgrade,
extend and remove utility facilities and relocate within the Easement, all necessary and convenient
facilities which include but are not limited to: poles, anchors, guys, supporting structures, conductors,
conduits, enclosures, grounding systems, foundations, manholes, transformers, and associated equipment,
adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or
otherwise control, with herbicides or by other means, at Grantee's option (without any liability to
Grantor), any trees, limbs or branches, brush, shrubs, undergrowth, of whatever size, buildings, structures,
or other obstructions that in Grantee's reasonable judgment endanger or interfere with the safety or use of
its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any
structures, piles or debris, interfere with lateral support, 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, 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 of Grantee's choosing,
without the need for a new easement.
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 constructed within the Easement and Grantor
shall use its property in a manner consistent with all applicable safety rules and regulations for working
near electric lines. Safety/required clearance issues may be referred to Grantee's Engineering Group.
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 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
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby.
WITNESS, Grantor(s) signed this Easement on the day of P 201_
CITY OF DUBLIN, OHIO
By:
Print Name:
Title:
STATE OF ,
COUNTY OF
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me this day of , 201 ,
by
Notary Public
My Commission Expires
Easement prepared by Ohio Power Company CL
CALL BEFORE YOU DIG!!! Address: 6353 Shier Rings Rd. Dwg. No. 49788747 W049788747
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