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009-02 OrdinanceRECORD OF ORDINANCES Ordinance No ...............Q9.-0.2.................................... Passed .................................................................., ....................... AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE VARIOUS EASEMENT AGREEMENTS WITH AEP FOR THE DEVELOPMENT OF THE BALLENTRAE GOLF COURSE IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. WHEREAS, a goal of Dublin City Council is to continue to work with utility companies for the continued development of the Ballentrae Golf Course; WHEREAS, the City of Dublin desires to convey certain utility easement agreements to American Electric Power ("AEP") to provide power to all areas of the Ballentrae Golf Course and residential community; WHEREAS, the City desires to execute easement agreements in a substantially similar form to those attached as Exhibit "A" (Electric service for Section 2 Part 4, Pump Station Eiterman and Worner Temple Mainline 3 Phase Primary Extension); Exhibit "B" (Electric service for Ballentrae Section 2 Part 2); Exhibit "C" (Electric service for Ballentrae Section 2 Part 3); Exhibit "D" (Electric service for Ballentrae Section 2 Part 4 "switch gear"); and Exhibit "E" (Ballentrae Section 2 Part 5); WHEREAS, Council finds it is in best interest of the City to execute the easement agreements in a substantially similar to the forms attached to AEP for the continued development of the Ballentrae Golf Course and residential community. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Dublin City Council authorizes the City Manager to execute five (5) Easement Agreements with AEP described as follows: • "Exhibit A" - Electric Service for Ballentrae Section 2 Part 4 "Exhibit B" "Exhibit C" "Exhibit D" "Exhibit E" Pump Station; Eiterman and Woerner-Temple Mainline 3 Phase Primary Extension Electric Service for Ballentrae Section 2 Part 2 Electric Service for Ballentrae Section 2 Part 3 Electric Service for Ballentrae Section 2 Part 4 "switch gear" Electric Service for Ballentrae Section 2 Part 5 Section 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason of executing the Deed of Easement; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~ day of , 2002. Mayor - siding Officer ATTEST: Clerk of Council t hereby certify that copies of this Ordnance/Resolution were posted in fhe City of Dublin in accarJance with Section 731.25 of the Ohio Revised ode. ~! CIP of Council, Dublin, Ohio AMERICAN' ~ Easement & Right of Way ,~', ~'rmna.- Eas. The City of Dublin, Ohio, an Ohio municipal corporation, "Granior{s)" in consideration of 31.00, the easement germs, and other good and valuable consideration from Columbus Southern Power Company, an Ohio corporation, 700 Morrison Dr., Gahanna, OH 43230-b605, "Grantee", the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee, a right of way and easement "Easement", for electric, other energy or communication purposes for current/future uses, overhead and underground, in, on, over, through and across the following described lands situated in City of Dublin, Frankdin County, Ohio, and being part of Section No(s). ~ Township No(s)._ Range No(s), Survey V.M.S. No. 3453, as found in Instr. No. 200011210236265 dated 11-20-2000 of the Franklin County Recorder's Office: Said lines shall be constructed within the limits of ten (10) foot by twenty (20) foot wide strip of land, the centerline being the electric cable as installed beneath the surface of the ground. The location of which is shown on the attached drawing marked Ezhibit "A", and made a part hereof. This Easement conveys all necessary and convenient rights for the Easement's use, including, without limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate within the Easement, extend or remove utility facilities, with poles, anchors, guys, supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment, as it may deem appropriate, adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead, diseased, weak, or leaning), buildings, structures, or other obstructions that in Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any buildings, structures, pile or debris, interfere with lateral support, construct any swirnming pool, 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 deeper than eighteen (18) inches, 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. 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 conduct construction/maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property, always call the applicable utility protection service before the activity begins. 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 respective successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated herein by this reference. WITNESS, Grantor(s) signed this Easement on the day of 200 Signed and Aclmowledged in the Presence of: ~~ ~ ~ The City of Dublin, Ohio, an Ohio municipal corporation :., r ~' y ~ "' Print Name: Print Name: Print Name: Print Name: Br ~ ;Print Name: Title: Print Name: Print Name: CALL BEFORE YOU DIG !!! EXHIBIT 1~ b STATE OF OHIO, COUNTY OF ~~ The foregoing instrument was acknowledged before me this day of 200 Notary Public Commission Expires STATE OF OHIO, COUNTY OF ~~ The foregoing instrument was acknowledged before me this by day of 200 f Notary Public -. t. ~' Commission Expires ~ ~To-' - v •v STATE OF OHIO, COUNTY OF ~= The foregoing instrument was acknowledged before me this day of .200 by [blame], (Title of officer], of [Corporation Name], a (State of incorporation] corporation, on behalf of the corporation. Notary Public Commission Expires STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of .200 by [Name of partner or agent], [Title of partner or agent], on behalf of [Name of principal]. Notary Public Commission Expires. STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this [Name of attorney in fact], on behalf of [Name of principal]. 200 Notary Public Commission Expires ss: _ day of For use by Recorder's Office and Auditor's Office. Eas. No. Address: To Serve: Ballantrae Section 2 Part 4 Pump Station Dwg. No. 0-1166-107790, Sheet 9 Eiterman and Wcerner-Temple Mainline 3 Phase W.O. No. 100500681 SEJ Primary Extension Easement prepared by Coltunbus Southern Power Company Q _~ X w .~ o~~ ..~ r~~~ ~~ ~ ., ~~ ~ '' r ~ ~ is l .6 ~Y M w R J ~~ .~^ ~' ~ f~ #~ ~-~. ~~ ~ d.. o so ~ ~ o i ~ ~ ~~ ~ ~ { ~ ~~ ~ ~^ v Q ~ / ~ Q ~ J ~ °~~ w -~~~ ~ NI t ~1t ~ a II ~ ~- / • wINER1CAN K Easement & Right of Way asr: r ~ rmnc,- Eas. The City of Dublin, Ohio, an Ohio municipal corporation, "Grantor(s)" in consideration of $1.00, the easement terms, and other good and valuable consideration from Columbus Southern Power Company, an Ohio corporation, 700 Morrison lh., Gahanna, OH 43230-6605, "Grantee", the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee, a right of way and easement "Easement", for electric, other energy or communication purposes for cun-ent/future uses, overhead and underground, in, on, over, through and across the following described lands situated in City of Dublin, Franklin County, Ohio, and being part of Section No(s). _, Township No(s)._ Range No(s) Containing 21.710 acres more or less, Virginia Military Survey No. 3453 and 6953, as found in Instrument Na 200011210236365 dated 11-20-2000 of the Franklin County Recorder's Oflice: Said lines shall be constructed within the limits of a twelve (12) foot wide strip of land. The location of which is shown by the slanted lines on the attached drawing marked ET<hibit "A", and made a part hereof. "I7ris Easement conveys all necessary and convenient rights for the Easement's use, including, without limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate within the Easement, extend or remove utility facilities, with poles, anchors, guys, supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment, as it may deem appropriate, adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead, diseased, weak, or leaning), buildings, structures, or other obstructions that in Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any buildings, structures, pile or debris, interfere with lateral support, construct any swimming pool, 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 deeper than eighteen (18) inches, 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 mutes 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. Grantor may use its property for all purposes not inconsistent with the full enjoyment of the Easement, but Grantor aclrnowledges high voltage electric lines will be constructed within the Easement and Grantor shall conduct construction/maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property, always call the applicable utility protection service before the activity begins. 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 respective successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated herein by this reference. WITNESS, Grantor(s) signed this Easement on the day of Signed and Acknowledged in the Presence of: Print Name: 200 Lri tiLL "i ~ The City of Dublin, Ohio, an Ohio municipal corporation :1-' ~J ~~ By: Print Name: Print Name: Print Name Print Name: Print Name: Print Name: CALL BEFORE YOU DIG !!! EXHIBIT a 8 STATE OF OHIO, COUNTY OF ~= The foregoing instrument was acknowledged before me this day of _ 200 •by Notary Public Commission Expires_ STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by ss: day of 200 Notary Public +... ~ " Commission Expires ~; i` ~. STATE OF OHIO, COUNTY OF ~~ The foregoing instrument was acknowledged before me this day of , 200 by (Maine], [Title of officer], of [Corporation Name], a (State of incorporation] corporation, on behalf of the corporation. Notary Public Commission Expires STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by [Name of partner or agent], ss: day of _ [Title of partner or agent], on behalf of [Name of principal]. 200 Notary Public Commission Expires STATE OF OHIO, COUNTY OF ~~ The foregoing instrument was acknowledged before me this day of , 200 by [Name of attorney in fact], on behalf of [Name of principal]. Notary Public Commission Expires For use by Recorder's Office and Auditor's Office. Eas. No. Address: To Serve: Ballantrae Section 2 Part 2 Dwg. No. 0-1166-107790, Sheet 3 W.O. No. 100500681 SEJ Easement prepared by Columbus Southern Power Company ~J CtQ(()~ 3 ~~'C)r`Sj '~ ~~~~.. ~ TtiC)S) ~,„,. ~ i ~~< ~„ M~II7blT ~I else' i ,;. 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Easement & Right of Way ,IFr. d,naar! rnegp Nuhrn- Eas. The City of Dublin, Ohio, an Ohio municipal corporation, "Grantor(s)" in consideration of 31.00, the easement terms, and other good and valuable consideration from Columbus Southern Power Company, an Ohio corporation, 700 Morrison Ih., Gahanna, OH 43230605, "Grantee", the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee, a right of way and easement "Easement", for electric, other energy or communication purposes for cunrent/future uses, overhead and underground, th, on, over, through and across the following described lands situated in City of Dublin, Franklin County, Ohio, and being part of Section No(s). _, Township No(s)._ Range No(s) Containing 21.710 acres more or less, Virginia Military Survey No. 6953, as found in Instrument No. 200011210236365 dated 11-20-2000 of the Franklin County Recorder's Office: Said lines shall be constructed within the limits of certain strips of land. The locations of which are shown by the slanted lines on the attached drawings marked Ezhibits "A" and "B", and made a part hereof. This Easement conveys all necessary and convenient rights for the Easement's use, including, without limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate within the Easement, extend or remove utility facilities, with poles, anchors, guys, supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment, as it may deem appropriate, adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead, diseased, weak, or leaning), buildings, structures, or other obstructions that in Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any buildings, structures, pile or debris, interfere with lateral support, construct any swimming pool, 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 deeper than eighteen (18) inches, 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. 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 conduct construction/maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property, always call the applicable utility protection service before the activity begins. 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 respective successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated herein by this reference. WITNESS, Grantor(s) signed this Easement on the day of , 200_ l~ Signed and Acknowledged in the Presence of: The City of Dublin, Ohio, an Ohio municipal corporation Print .~ _~ ' ~ By: Frint Name: Print Name: -~' ~; Print Name: Print Name: Title: Print Print Name: CALL BEFORE YOU DIG !!! EXHIBIT STATE OF OHIO, COUNTY OF - ~= The foregoing instrument was ackrnowledged before me this day of 200 by Notary Public Commission Expires STATE OF OHIO, COUNTY OF ~ ~~ The foregoing instrument was aclo:rowledged before me this day of 200 *""" >~, Notary Public `~'"°" ^~~ ~_'-" Commission Expires .~;', STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of 200 [Name), [Title of officer], of [Corporation NameJ, a 1State of incorporation) corporation, on behalf of the corporation. Notary Public Commission Expires STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of , 200 by [Name of partner or agent], [Title of partner or agent], on behalf of [Name of principal]. Notary Public Commission Expires ~~,,,, STATE OF OHIO, COUNTY OF - ~~ The foregoing instrument was acknowledged before me this day of .200 by [Name of attorney in fact], on behalf of [Name of prmcrpalJ. Notary Public Commission Expires For use by Recorder's Office and Auditor's Office. Eas. No. Address: To Serve: Ballantrae Section 2 Part 3 Dwg. No. 0-1166-107790, Sheet 4 and 5 W.O. No. 100500681 SEJ Easement prepared by Columbus Southern Power Company t~ t a~~~ f~~ I~ ~~ sE ~ ~t~ !~ ~ ~! aE 1~~~ ~ t ~~~ i~ ~ ~ X11 g~~"~ r = ~~ ~ ~ 6 ~ ~ r ~rrt~ ~~l ~ ~ ~Pt ;[ ~ t ;~~ wr~ ~~ ~ a ~~ ~~~~, ~~~ ~; f~ .~ :4,~, si 2;~;; ~ ~J ~. h~~~i ~ l~,:! ~" <S~ t,. • ~~. ~' ~ ,~\ ~` ~ ^~ \ p ,~ ~ ~ * ~ ~~ ~ M ~ ~ ~ t \ ~ ~ ~~ ~ ~ ` \ Y ~ ~ \` \ \ 6 f ~ `` '~.. a 0 r r C. /~ ppp~ ~' ~"!: •+25:~ :~ ro '~ z ~\ ~~ f. 1 ~~ .G ` `' ~~ ~~ /~O ~~~~ ~~ , N ea y.u ~ ~~ i~rj f) 1 : R v ~Y` ~ t~ f? • ~` l Y rl ~ r -II ~ ~~ ~ ` ~ OD + ~ ~ • .i d p ~ ~ '•, ~ '~ K e e { ~- ~ ,/pf Jay ~ ~ 1 ~c.w. +'t 1 R~ / /f ~ l i` i f i r i '~tYJ }ti g ! , ~ ~r ~ 1'.w ' r.u.rtir i r ~`' ~ • i ar.. ar... , ~'f N a:~ , E ~N ~ ~ ~ ~# ~~ ~ ~ ~~ ~ i ~• / , tH ~ Rt ~~r ~ r ' ~ r ;~ '` ~~ ra S t , \ ~ 7 r ~'~,' wm F ~ / tt F ~ 4\ 'ti « ~ ~ ~ FS a ~ ~ ~ -J p/ ,l~ r r , Y [[[ "cS c1,' .«+.Y• ~~ /'; 'ate ~ f4 • irm ; ~ [fit ~ ~~ , . 5 a i~ ~ f / r ~ ~ ~.~ ~ ~~ r _ ~ ~ ~ a~, ~~r ~ .«~'• ~ ~~ y 5 ~... ~~~'+ ~ _ _.-- ~ , - ~ ; ~\. ~ ~~ ~L.~ \ ~~. . \M'a1'f~~ ~ / r ~ ~~ {E w,w r ' •. ~ \ ~nfjsj i r / \ a ~~ \ ~~ w ~~~' aco' 1 \ f U It E~ ~.i . noes ~ --• ~ I ~K'b. ` \ .` ~ v ~ \ \ ~~ r' ~ « ~/.r w rY+ ~ 'ice ~ ~, / M r ~ r ~ 4- \ \ ~ u~ «' ~{ - _= ~ tares....... I 4 t i, f.1 \ s+ t 1i~1. ~ { ~: it. ~ _ ~ i LK [Mrs ~ 12VfY F 4 t~ ~ [, r ~~kiif -- ~" '""_ --- q BAILRONSIfORB _~.. "~ ~~P r+~ . ` ~ q 4 Ct i~ S WAY r _• - ~ .~l r Sh • S < ~i t rr, {~ I p !•; - ~ , Ott r w n ~y M R :j ~~ S~ ~ ia.w ~ it t ~,~>r { r , . ~. 1 _ i 1 ri r ~ '~ r t ~+ i i i r,,,nr '@ ~ Want C 1 \ ~~ ~ ~~~`` w ,~..~ . ~r-- VMS l ~ 1 y ham. O N V y W Eas. p~ ~ Easement & Right of Way A6P! Anwriw's Energp Phrtrrar ^ The City of Dublin, Ohio, an Ohio municipal corporation, "Grantor(s)" in consideration of 51.00, the easement terms, and other good and valuable consideration from Columbus Southern Power Company, an Ohio corporation, 700 Morrison Dr., Gahanria, OH 43230-6605, "Grantee"> the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee, a right of way and easement "Easement", for electric, other energy or communication Purposes for currenUfuture uses, overhead and underground, in, on, over, throu~~d across the following described lands situated in City of Dublin, Franklin County, Ohio, and being part of Section No(s). ~ p No(s)._ Range No(s) Containing 4.172 acres more or less, Virginia Military Survey No. 3453, as found in Instrument No. 2110011210236365 dated 11-20-2000 of the Franklin County Recorder's Office: Said lines shall be constructed within the limits of a fifteen (15) foot by fifty (50) foot wide strip of Iand, the centerline being the electric cable as installed beneath the surface of the ground. The location of which is shown by the slanted lines on the attached drawing marked Ezhibit "A", and made a part hereof. This Easement conveys all necessary and convenient rights for the Easement's use, including, without limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate within the Easement, extend or remove utility facilities, with poles, anchors, guys, supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment, as it may deem appropriate, adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead, diseased, weak, or leanirig)> buildings, structures, or other obstructions that in Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any buildings, structures, pile or debris, interfere with lateral support, construct any swimming Pool, 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 deeper than eighteen (18) inches, 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. 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 conduct construction/maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property, always call the applicable utility protection service before the activity begins. 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 respective successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated herein by this reference. WITNESS, Grantor(s) signed this Easement on the day of _~ f-; :~ 200 Signed and Acknowledged in the Presence of ,~%~,=a_Si~~ The City of Dublin, Ohio, an Ohio municipal corporation "' Print Name: ~f~. By: _ ~ Print Name: y- Print Name: Print Name: Print Name: Title: Print Name: Print Name: CALL BEFORE YOU DIG !!! EXHIBIT Y D STATE OF OHIO, COUNTY OF - ~~ The foregoing instrument was acknowledged before me this day of by 200 Notary Public Commission Expires- STATE OF OHIO, COUNTY OF ~~ The foregoing instrument was acknowledged before me this day of 200 by Notary Public Commission Expires v N 'r G STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of .200 by [Name], (Title of officer], of [Corporation NameJ, a (State of incorporatianJ corporation, on behalf of the corporation. Notary Public Commission Expires i.~. STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of , 200 by [Name of partner or agent], [Title of partner or agent], on behalf of [Name of principal]. Notary Public Commission Expires STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of , 200 by [Name of attorney in fact], on behalf of [Name of principal]. Notary Public Commission Expires For use by Recorders Office and Auditors Office. Eas. No. Address: To Serve: Ballantrae Section 2 Part 4 Dwg. No. 0-1166-107790 Sheet 6 Switchgear W.O. No. 100500681 SEJ Easement prepared by Coltunbus Southern Power Company _ ! ~* ~qJ~ ~ \ ~9 ~ '~ r 7 01 .i ~ ' N 1 1 ~ .. , N ~~-~ ~~ ~ ~~ ~~ N hd ~ blYnavMl ~ . si ~o~. . .,, ' _ .~ ~ ~, s a N C s h o <„ x ~~ ~ ~ ~ ~ .ol~~ Q m~1-: ~~_.~ ~~ - ~ ~ ~ e W W s d ~~ = rd~ . ~ r n *- ~~ ~ w _ X gab ~ _ s ~1 W ~~ ~ ^ ~ ~ _ n r ry 3 .. ~ . ~~~ .~ • ~ Wwgl ~ , N _~ J t • , 3^ ~ o N ~3 ~ ~ X p ~ ~.p ~ ~ ~}~ ti c~ 3 ~ z ~ ~ 7p~. U ~~ !_ . Q ~ ,~ .. C ? ~ *',~ c - ~ ~ ~~~ ~ ~ u I Q ~ ^ ~ ~ `~ F oo'O~ Nr~yb3113 ~ ~ ~~3 ~~ l~~ ~ ~~ v ~~ Eas. p~ xx Easement & Right of Way aers.~,A..~r e~ r~.- The City of Dublin, Ohio, an Ohio municipal corporation, "Grantor(s)" in consideration of 31.00, the easement terms, and other good and valuable consideration from Columbus Southern Power Company, an Ohio corporation, 700 Momson Dr., Gahanna, OH 43230605, "Grantee", the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee. a right of way and easement "Easement", for electric, other energy or communication purposes for currendfuture uses, overhead and underground, in, on, over, thzough and across the following described lands situated in City of Dublin, Franklin County, Ohio, and being part of Section No(s). _, Township No(s)._ Range No(s) Containing 92.263 acres more or less, Virginia Military Survey No. 3453, as found in Instrument Na 200011210236365 dated 11-20-2000 of the Franklin County Recorder's Office: Said lines shall be constructed within the limits of certain strips of land. The location of which is shown by the slanted lines on the '`"' attached drawing marked Eihibit "A", and made a part hereof. This Easement conveys all necessary and convenient rights for the Easement's use, including, without limitation, the rights to: construct, operate, maintain, inspect, protect, replace, enlarge, upgrade, relocate within the Easement, extend or remove utility facilities, with poles, anchors, guys, supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment, as it may deem appropriate, adding thereto from time to time; perform grading or filling for such facilities; cut, trim, remove and/or otherwise control, at Grantee's option, without any liability to Grantor, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead, diseased, weak, or leaning), buildings, structures, or other obstructions that in Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon the use of its facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not: place any buildings, structures, pile or debris, interfere with lateral support, wnstruct any svvrmrnm$ Pool, 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 deeper than eighteen (18) inches, 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. 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 conduct construction maintenance activities on its property 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 and if Grantor initiates any construction or building activities on its property, always call the applicable utility protection service before the activity begins. 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 respective successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held invalid, the remainder shall not be affected thereby. Easement attachments, if any, are incorporated herein by this reference. WTINESS, Grantors) signed this Easement on the day of 200 ,~ . ,'', Signed and Acknowledged in the Presence of: ~ ' The City of Dublin, Ohio, an Ohio municipal corporation Print Name: ~'; '~. By: Print Name: _~ Print Name: Print Name: Print Name: Print Name: Print Name: CALL BEFORE YOUDIG !!! EXHIBIT Title: ss: STATE OF OHIO, COUNTY OF 200 day of The foregoing instrument was acknowledged before me this by Notary Public Commission Expires- ss: STATE OF OHIO, COUNTY OF 200 ,~.., The foregoing instrument was acknowledged before me this day of by Notary Public """" Commission Expires k~'~`; ~v ~ ss: -~ STATE OF OHIO, COUNTY OF ~ 200 The foregoing instrument was acknowledged before me this day of by (Name), (Tide of officer], of [Corporation Name], a (State of incorporation] corporation, on behalf of the corporation. Notary Public Commission Expires STATE OF OHIO, COUNTY OF ss: 200 The foregoing instrument was acknowledged before me this day of by rde of partner or agent], on behalf of [Name of partner or agent], (Name of principal]. Notary Public Commission Expires STATE OF OHIO, COUNTY OF ~' ,200 The foregoing instrument was acknowledged before me this day of by [Name of principal]. (Name of attorney in fact], on behalf of Notary Public Commission Expires For use by Recorders Office and Auditor's Oflice. Eas. No. Address: To Serve: Ballantrae Section 2 Part S Dwg. No. 0-1166-107790, Sheet 7 W.O. No. 100500681 SEJ Easement prepared by Coltunbus Southern Power Company 1 I I I i /'~. .~ \ i ' ,r i ~ ~ C J I I ' ~ ~~Oi i ~ s .~_ ... ~ '~ ` ~ ~> ~, I .~ o< ~.. ~. ~~ ~~ ~ ~ ~ ~; ~;,: I ~~ -_ :: { ~~ ~~ ~ i~ 4 ~I ~~ I ~-I -~ f ~ . ti~~~ ^Y ~ ~~~ ( ~ -- ~ ~ --a 1 ~~i~ ~a ~ ~~ I j arcs ; ~ ~ I ~ i ~ ~ %~. :- ::.~ ~~ ~. ~~ :- ~~~ CJ ~~ .. :> -_