018-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ...................18-02............................... Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND GRANT ADDITIONAL EASEMENT
AGREEMENTS WITH AEP FOR THE DEVELOPMENT OF THE
r~ BALLANTRAE 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 Ballantrae 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 Ballantrae 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 Ballantrae Section 2 Part 1);
Exhibit "B" (Electric service for Ballantrae Clubhouse); and Exhibit "C" (Electric service
for Eiterman and Woerner-Temple Mainline 3 Phase U.G. Primary Extension);
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 Ballantrae 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 concumng that:
Section 1. Dublin City Council authorizes the City Manager to execute three (3)
Easement Agreements with AEP described as follows:
• "Exhibit A" -Electric Service for Ballantrae Section 2 Part 1
• "Exhibit B" -Electric Service for Ballantrae Clubhouse
• "Exhibit C" -Electric Service for Eiterman and Woerner-Temple
Mainline 3 Phase U.G. Primary Extension
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 ~ ~l'~ day of ~-G~j r c.~..a , 2002.
Mayor Presiding Officer
•
ATTEST:
~i ~ I hereby certify that copies of this
Clerk of Council Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
~~l L /1
S , Cl c of Council, Dublin, Ohio
Eas.
~~K Ne
ppyy~ Easement & Right of Way
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 Dr., 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 curtent/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) Virginia Military Survey No. 3453, as found in Instrument No. 200010100204905 dated recorded 10-10-2000,
Franklin County Recorder's Office:
Said lines shall be constructed within the limits of ten (10) foot wide strip of land. The location of which is shown by the slanted lines on
the attached drawing marked Exhibit "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 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 aclarowledges 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 Acknowledged in the Presence of: %'i~ The City of Dublin, Ohio, an Ohio municipal corporation
..:'By:
Print Name: .Print Name:
Title:
~ Print Name:
Print Name: Print Name:
Print Name: Print Name:
CALL BEFORE YOUDIG
EXHI IT
a
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of 200 _
by
. Notary Public
Commission Expires
STATE OF OHIO, COUNTY OF
The foregoing instrumeat was acknowledged before me this day of 200
by
Notary Public
Commission Expires
~
f > ~
STATE OF OHIO, COUNTY OF
The foregoing instrument was acknowledged before me this day of 200 ,
by
[Name], fTitle 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 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
""A 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 i
Dwg. No. 0-1166-107790, Sheet 1
W.O. No. 100500681 SEJ
Easement prepared by Columbus Southern Power Compatry
a
E:XH ! B ~T "A"
BAI,LANTRAE
SECTION 2 PART 1
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Eas.
~s
l~OWiR Easement & Right of Way
A6R~ertaa's Bne~ ~hrMer-
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 ]Jr., 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 cutrenUfuture 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 92.263 acres more or less, Virginia Military Survey No. 3453, as found in Instrument No.
200011210236365 dated 11-20-2000 of the Franklin County Recorder's Othce:
s*~
Said lines shall be constructed within the limits of a ten (10) foot wide strip of land, the centerline being the electric cable as installed
~ beneath the surface of the ground. The approximate location of which is shown on the attached drawing marked Exhibit "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 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_
rw.
Signed and Acknowledged in the Presence of: The City of Dublin, Ohio, an Ohio municipal corporation
-
sy:
Print Name: Print Name:
y . Title:
Print Name:
Print Name: Print Name:
Print Name: Print Name:
CALL BEFORE YOUDIG EXHIBIT
r,
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of 200
by
Notary Public
Commission Expires
STATE OF OHIO, COUNTY OF ss:
"The foregoing instrument was acknowledged before me this day of 200
by
A
Notary Public
`r.. _ _ Commission Expires
N~
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of , 200
by
[Name], [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 ss:
The foregoing instrument was acknowledged before me this day of , 200
by
[Name of attorney in fact], on behalf of [Name of principal].
rrr
Notary Public
Commission Expires
For use by Recorder's Office and Auditor's Office.
Eas. No. Address: Ballantrae Clubhouse
Dwg. No. 0-1166-107790, Sheet 12
W.O. No. 100500681 SEJ
Easement prepared by Columbus Southern Power Company
rrs.n..ew~r.wo~rriYtiYilYYw fiMiirrwwr.IWYnWnr
EXHIBIT "A"
-NOTES - l'o~weR•RI~S
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~ Eas.
•
. > PK Easement & Right of Way
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 Dr., Gehenna, 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 current/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 92.263 acres more or less, Virginia Military Survey No. 3453, as found in Instrument No.
200011210236365 dated 11-20-2000 of the Frazilclin County Recorder's Office:
Said lines shall be constructed within the limits of a fifteen (15~ foot wide strip of land situated west from and adjacent to the west right of
~ way line of Eiterman Road; Beginning at a point on the northwest corner of Bonaly Court and Eitermsn Road (being approzimately 50'
north from the centerline of Bonaly Road) and extending in a northerly direction for a distance of approzimately S50 feet and there
terminating. Thence from said termination point, a ten (10) foot wide strip of land situated west from and adjacent to the west right of
way line of Eiterman Road and extending in a northerly direction for a distance of approzimately 1610 feet, and there terminating. The
approximate locations of which are shown on the attached drawings marked Exhibit "A° and Exhibit "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, enlazge, 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 svvimming 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 standazds, and, for underground lines, pernut 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 compazable 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 Acknowledged in the Presence of: " The City of Dublin, Ohio, an Ohio municipal corporation
By:
Print Name: ,Print Name:
Title:
Print Name:
Print Name: Print Name:
Print Name: Print Name: EXHIBIT
CALL BEFORE YOUDIG
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of 200
by
Notary Public
Commission Expires
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of 200 ,
by
¦.w
_ Notary Public
Commission Expires
~r..
f_~
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of 200 ,
by
[Name], [Title of oft'icer], 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 ss:
The foregoing instrument was acknowledged before me this day of , 200 ,
by
[Name of attorney in fact], on behalf of [Name of principal].
rrWr
Notary Public
Commission Expires
For use by Recorder's Office and Auditor's Otl'ice.
Eas. No. Address: Eiterman and Wcerner-Temple Mainline 3 Phase U.G.
Dwg. No. 0-1166-107790. Sheets 10 and 11 Primary Extension
W.O. No. 100501693 SEJ
Easement prepared by Columbus Southern Power Company
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