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76-02 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 76-UZ Passed , 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH AEP FOR THE DEVELOPMENT OF THE BALLANTRAE RESIDENTIAL COMMUNITY 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 residential community; and WHEREAS, the City of Dublin desires to convey a certain utility easement agreement to American Electric Power ("AEP") to provide power to the Ballantrae residential community; and WHEREAS, the City desires to execute an easement agreement in a substantially similar form to that attached for electric service to The Lakes At Ballantrae, Phase 1; and WHEREAS, Council finds it is in the best interest of the City to execute the easement agreement to AEP in a substantially similar form to that attached for the continued development of the Ballantrae 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 the Easement Agreement with AEP for electric service to The Lakes At Ballantrae, Phase 1. 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 it passage. Passed this ~'~- day of , 2002. l~ Officer Attest: ~ e~~w,~t~ ~- Clerk of Council 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. f.~/~ ~ . ~~ rk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway, Dublin, Ohio 43017-1006 Phone: 614-410-4400 / Fax: 614-410-4490 CITY OF DUBLIN MEMO To: Members of Dublin City Council From: Marsha Grigsby, Interim City Manager Date: May 2, 2002 Re: Ordinance No. 76-02 The Lakes of Ballantrae -Phase 1 -AEP Easement Initiated By: Paul A. Hammersmith, P.E., Assistant City Engineer -Development %t_ ~ -~. The Engineering Division has received a request from the Edwards Companies, developer of the Ballantrae Golf Community, and American Electric Power (AEP) for an easement to provide electric service to The Lakes at Ballantrae, Phase 1 as shown on the attached exhibits. The easement is for electric service and other energy or communication purposes to be located within a 10-ft. wide easement on The Golf Club of Dublin property owned by the City of Dublin. This easement will allow the placement of AEP infrastructure, necessary to provide electric service to The Lakes at Ballantrae, Phase 1, on an area along the perimeter of The Golf Club of Dublin property. The infrastructure could not be located on The Lakes at Ballantrae property due to insufficient clearance between the property line and the residential structures being constructed. Considering there is no negative impact to the golf course in this area and the developers of the golf course, Tartan Golf Company, have no objection to the granting of this easement, Engineering staff recommends your approval of this ordinance. yA/lNI A'4] r¢]r uJn 1 1 1 1 1 I ~ _,_____. 1 I 1 `; 1 1 ~- ~ - ~~ o~ ~~ ~~ ~) ~~ -~ ~, ~ 1:;:~ 1 c::~~ ~, ~ .~. . .``~:~;s:~.. ~ • t:;: J:~: ~: i ~ \ ~ . `:...~5~~~. l~ \`\ ~ ~,~ ~` j 1 I 1 / 1 I J/ `/_ L'\~ ~ I`~ ~ - ~::::::.:. - - ~~ i ~1 i ~~l i ~ ~ 1 1~ 3 . ~ ~ ~~ ~~ `"~ ,.:: 3 '%:::::.'y .a, _;~~s~°;% ,rte -;;:, :~:;:.a 1 ~~ ~~ ' I 1 i I i 1 f3 ~ 1 ' ; i 1 i ~ i~^,T_ ~ V ~~ FJ '~~ ~ 1 /~ ~, t.J ~ 1 1 1 Lryl-~ \ \~: ~:~. i ~ ~ ~~ ~ W ~- i~i~ i ~ i ; ' 1 1 ~` W G~ j~1-'-~.---1 ~ ' i \ ~~ ~;~~ 1 ~ _ 1 }: • 1 ~i ~-_- v :~~ 1 I t I I 1 i / r '' Tr 1 1 1 , 1 ,~ 1 ~ 1 ~ 1 I ~ 1 1 ~ ~ 1 ~ ~ I I 1_-1~ AMER~CAN~ p~ K Easement & Right of Way AEF. ztmenea's Energy Yawner 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 Momson 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 current/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. 200011210236365 dated 11-20-2000, Franklin County Recorder's Office: Said lines shall be constructed within the limits of ten (10) foot wide strip of land. The approximate 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 obstmctions 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_ Signed: The City of Dublin, Ohio, an Ohio municipal corporation By Print Name: Title: Print Name: Print Name: 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 by 200 , Notary Public Commission E STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by [Name], [Title of officer], of [Corporation Name], a of incorporation] corporation, on behalf of the corporation. Notary Public Commission Expires. STATE OF OH10, 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 by [Name of attorney in fact], on behalf of Notary Public Commission E For use by Recorder's Office and Auditor's Office. Eas. No. Address: To Serve: Lakes At Ballantrae Phase 1 Dwg. No. 0-1166-107790, Sheet 13 W.O. No. 1050169101 SEJ Easement prepared by Columbus Southern Power Company ss: _ day of 200 [Name of principal]. ss: _ day of 200 AMERICANS Ei~EC1~K Easement & Ri t of Wa POWER ~ Y aEP~~4:, e~ r~e»~,- 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 Momson IJr., 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 can 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) ,Virginia Military Survey No. 3453, as found in Instrument No. 200011210236365 dated 11-20-2000, Franklin County Recorder's Office: Said lines shall 6e constructed within the limits of ten (10) foot wide strip of land. The approximate 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 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 )awns (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: The City of Dublin, Ohio, an Ohio municipal corporation sy ` Print Name: ~ r Title: "` Print Name: Print Name: CALL BEFORE YDUDIG !!! STATE OF OH10, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of 200 , by Notary Publ Commission 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 [Name], [Title of officer], of [Corporation Name], a [State of incorporation] corporation, on behalf of the corporation. Notary Public Commission Expires STATE OF OHlO, 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 [Name of principal]. 200 , Notary Public Commission E STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of by [Name of attorney in fact], on behalf of Notary Public Commission Expires For use by Recorder's Office and Auditor's Office. Eas. No. Address: To Serve: Lakes At Ballantrae Phase 1 Dwg. No. 0-1166-107790, Sheet 13 W.O. No. 1050169101 SEJ Easement prepared by Columbus Southern Power Company 200 , [Name of principal). ~w/• y r ~~ ~ z ~ -~ • ~~FO d m gg3~ W~4 ~ ~ f M ,nos r. - ~ ~ }~+ Frr~dar~3 W .~ ' ~ ~ ~ ~ ~ ~ ~ z3~~3~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~;F~~ ~d 5 WW a .pyA 3 - w '- .°I. 1S . Il~j~©od __ `-~ ~ ~. ~ ,, ~~f~ ; -- 1 // ~ ~. 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