30-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank. Inc. Form No. 30043
Ordinance No. 30-03 Passed . 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND GRANT AN ADDITIONAL EASEMENT
AGREEMENT WITH AEP FOR 'THE DEVELOPMENT OF
THE BALLANTRAE GOLF COURSE IN THE CITY OF
DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO.
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 an easement agreement as shown on the
attached Exhibit "A" (Electric service for Ballantrae Park);
WHEREAS, Council finds it is in best interest of the City to execute the easement
agreement as shown on the attached Exhibit "A" 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 concurring that:
Section 1. Dublin City Council authorizes the City Manager to execute an
Easement Agreement with AEP described as "Exhibit A" -Electric Service for
Ballantrae Park.
Section 2. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law. ~
Passed this c3Y day of /v(~ r'LL~ , 2003.
Mayor -Presiding Officer
ATTEST:
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.
rk of Council, Dublin, Ohio
SCHOTTENSTEIN ZOX He DUNN
o legal professional association
MEMORANDUM
TO: Dublin City Council
Jane Brautigam
FROM: Paul Hammersmith, City Engineer
Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: February 26, 2003
RE: Ballantrae Golf Course
Ordinance No. 30-03
SUMMARY:
In conjunction with the development of the Ballantrae Golf Course, AEP has requested
utility easement to provide power to all area of the Ballantrae Golf Course. Ordinance
No. 30-03 is for the execution of an easement agreement to provide electric service to
Ballantrae Park.
RECOMMENDATION:
Legal Staff recommends approval of this Ordinance.
www.SZD.com
Columbus
Cleveland
Cincinnati
~H0300925.1 I
The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5135
Eas.
EASEMENT Ht 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", limited to electric service and distribution purposes for
current/future uses, underground, in, 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. 3004, as found in Instrument No. 200211180294003
- dated 11-18-2002 of the Franklin County Recorder's Office.
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 electric utility facilities, supporting structures, conductors,
conduits, service pedestals, grounding systems, foundations, manholes, devices and associated
equipment, as Grantee 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), structures or other obstructions that in
the 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 the 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 rights 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.
{H0300928.1 }
IN WITNESS WHEREOF, the said City of Dublin, Ohio, and the said Grantee, Columbus Southern Power
Company, have hereunto set their hands this day of _ , 2003.
Signed and acknowledged GRANTOR:
in the presence of:
CITY OF DUBLIN, OHIO
By:
(Witness)
Its:
(Print Name)
(Witness)
(Print Name)
Signed and acknowledged GRANTEE:
in the presence of:
COLUMBUS SOUTHERN POWER COMPANY
By:_
(Witness)
Its:_
(Print Name)
(Witness)
(Print Name)
~H0300928.1 ~
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of , 2003, before me, the
subscriber, a Notary Public in and for said County, personally came the above named City of Dublin, Ohio,
by its Grantor in the foregoing
Easement & Right of Way, and acknowledged the signing of the same to be his/her voluntary act and
deed, and the voluntary act and deed of said corporation, for t:he uses and purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on
the day and year last aforesaid.
Notary Public
STATE OF OHIO,
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on this day of _ , 2003, before me, the
subscriber, a Notary Public in and for said County, personally came the above named Columbus Southern
Power Company, by ,its ,
Grantee in the foregoing Easement & Right of Way, and acknowledged the signing of the same to be
his/her voluntary act and deed, and the voluntary act and deed of said corporation for the uses and
purposes therein mentioned.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on
the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
SCHOTTENSTEIN, ZOX & DUNK
A Legal Professional Association
41 S. High Street, Suite 2600
Columbus, Ohio 43215
{ H0300928.1 )
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