014-02 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
Ordinance No .................14-02.................................. Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A MAINTENANCE EASEMENT
AGREEMENT WITH COLUMBUS SOUTHERN POWER COMPANY
r WHEREAS, the City of Dublin desires to provide Columbus Southern Power Company
, unimpeded access to the transformer located at the new Service Center for the purpose of
conducting maintenance and/or to replace said transformer when needed; and
WHEREAS, the granting of such an easement will preclude the City from bearing the
expense of constructing an access drive to the transformer; and
WHEREAS, the proposed Agreement will minimize any disruptions to the landscape
design for the new Service Center; and
WHEREAS, the proposed agreement is mutually beneficial to both parties.
NOW, THEREFORE, BE IT ORDAINED 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
Columbus Southern Power Company for a maintenance easement. The easement is located
on and through portions of the entrance road, parking lot and area over to the Service
Center's transformer as shown in Exhibit "A" of the Agreement.
Section 2. This ordinance shall take effect and be in force from and after the earliest date
allowed by law.
Passed this day of .~~~rUa.r~l , 2002.
Mayor -Presiding Officer
Attest:
~
Clerk of Council
w.~.•
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
G~v+~~ ~
Clerk of Council, Dublin, Ohio
EASEMENT
Easement No.: OH026524
Charge No.: 100501691
Service Address: 6555 Shier Rings Rd.
Dublin, Ohio 43017
This EASEMENT is granted this day of , 2002, by the
City of Dublin, Ohio, an Ohio political subdivision, whose address is: 6555 Shier Rings
Road, Dublin, Ohio, (the "Grantor") to Columbus Southern Power Company, an Ohio
Corporation, authorized to do business in the State of Ohio, whose address is 700
Morrison Road, Gahanna, Ohio 43213 (the "Grantee").
WITNESSETH:
That in consideration of One Dollar, and other valuable consideration, the receipt
of which is hereby acknowledged, and covenants hereinafter set forth, Grantor hereby
grants, conveys, and warrants to the Grantee, a permanent easement to the rights to:
construct, operate, maintain, inspect, protect, repair, replace, upgrade, add to the number
of, relocate, extend or remove utility facilities, including but not limited to, transformers
poles, cables, crossarms, anchors, guys, supporting structures, conductors, conduits,
service pedestals, grounding systems, foundations, manholes, devices and such other
associated equipment as Grantee may deem appropriate (the "Facilities") on land
described as the City of Dublin, Ohio Service Center located at 6555 Shier Rings Road,
situated in the State of Ohio, County of Franklin, City of Dublin. Grantor claims title by
a certain deed recorded as Instrument No. 200001060004762, Recorder's Office,
Franklin County, Ohio.
The easement area is more fully described in Exhibit "A" attached hereto.
TOGETHER with the right of ingress and egress to, from over and across the
lands of the Grantor using existing roads and lanes, or such roads and lanes as Grantor
may hereafter construct thereon, as delineated in Exhibit A for access by Grantee of its
Facilities.
It is understood and agreed between the parties hereto that:
1. Grantor will be responsible for all damages done to fences, drains, ditches, crops,
timber, and livestock on the Premises herein described, caused by Grantee's use of and
access thereto the said lands as set forth in that certain letter dated January 7, 2002
attached hereto as Exhibit B.
2. Grantor reserves the right to use said lands in any manner not inconsistent with the
rights herein granted to Grantee.
3. This instrument contains all agreements expressed or implied between the parties
herein and shall inure to the benefit of and be binding upon their respective heirs,
executors, administrators, lessees, tenants, successors, and assigns.
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Doc #102993. v1 Date: 01/22/2002 5:31 PM
Signed and Acknowledged
In the Presence Of: GRANTOR
CITY OF DUBLIN, OHIO
Marsha Grigsby, Acting City Manager
Print Name:
Print Name:
State of Ohio
County of Franklin : ss
The foregoing instrument was signed and acknowledged before me this
day of , 2002 by Marsha Grigsby, the Acting City Manager
of the City of Dublin, Ohio.
Notary Public
My commission expires
Instrument prepared by Ross E. Breseman, Senior Counsel, American Electric Power Service Corporation
1 Riverside Plaza - 29`x' Floor, Columbus, Ohio 43215, on behalf of Columbus Southern Power Company.
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Doc #102993.v1 Date: 01/22/2002 5:31 PM
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OUBUN SERVICE CENTER ~ 00NS1"1K70N TRANSFORMEF
6555 Shier-Rings Road ACCESS PLAN
Dublin, Ohto 43016
O~iC SIIEF7 NWB(P
MOJCCT M~1![R O1~~I2~O2
2D003 7.DD A_1
EXHIBIT B
Nis. iViary Flint, Manager, Community Services
AEP
5721 Shier Rims Road
Dublin, OH 43016
January 7, 2002
6351 Shior Rings Rood Dear Ms. Flint:
Oubl'In, OH 43016.124:
Phoo~/tD0:614/161-657n Mr. Ro er Acres of AEP "recently notified the Gutknecht Construction
kx: 614i1b1-651^_ g
the City's general contractor for the new Dublin Service Center, 6555
Company,
• Shier Rings Road, that a permanent road drive .would be required before AEP
would set the transformer scheduled to serve the new building. The Ciry of
Dublin does not desire to install such an appurtenance.
I met with representatives of AEP on site and discussed the situation. It was
agreed that should the transformer require removal, it could be reached from the
parkin; lot and removed with acrane/boom with more capacity than AFP's un-
hand equipment. Therefore, the City of Dublin agrees to the followin;:
1. The Ciry will bear the cost of any rental equipment, i.e. crane/boom and
associated costs (e.o. operator), that are additional to the replacement
cost typically charged by ABP.
2. The City waives AL•P of any damages that maybe caused to turf and/or
landscaping as a result of conducting such work. This would include use
• of crane,'boom andlor baking onto unpavea area with ADP's normal
equipment.
• To the best of my knowledge, all necessary document, have been processed and
funds encumbered to enable the placement of the transformer.. .
I appreciate your cooperation on this matter and thanl: you in advance foz the
timely placement of the transformer.
C7~~~~°
Dana L. McDanie':
Assistant City Ivlanager/Director ofService
DL~Utb
C: Marsha Gri;sby, Acting City Mana;er/Director ofFinance
7 ...r.RC~\M.a~ Can~P~~°:iAEP Liv 01~77u2Lx
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Doc #102993.v1 Date: 01/22/2002 5:31 PM
SCHOTTENSTEIN ZOX gc DUNN
a legal pro(essionol association
MEMORANDUM
TO: Dublin City Council
Marsha Grigsby, Acting City Manager
FROM: Stephen J. Smith, Law Director
Robert Price, Chief Building Official
DATE: February 14, 2002
~ RE: Ordinance Amending Dublin Code Sections 53.130, 97.38, and 153.136
As you are aware, the Ohio Board of Building Standards investigated and dismissed a
complaint that was filed against the Dublin Building Department. Much of the investigation was
focused on the City's procedures for the issuance of occupancy permits. While working with the
State Board, the Law and Building Departments identified three sections of the Dublin Code that
allowed for the denial of occupancy permits based on non-structural considerations. As a result,
the Law Department drafted corrective legislation for these sections which were problematic. As
always, please contact our offices if you have any questions or wish to further discuss this
matter.
r
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