Ordinance 023-17Dayton Legal Blank, Inc.
Ordinance No. 23 -17
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
THREE UTILITY EASEMENTS GRANTING AMERICAN ELECTRIC
POWER EASEMENTS ON PROPERTY OWNED BY THE CITY OF
DUBLIN LOCATED ALONG JOHN SHIELDS PARKWAY JUST WEST
OF VILLAGE PARKWAY FOR JOHN SHIELDS PARKWAY — PHASE 2
WHEREAS, the City of Dublin (the "City' } is preparing to complete the landscaping
component portion of the John Shields Parkway extension (the "Project'; and
WHEREAS, the Project requires electrical service to receptacles located in landscape
planters along John Shields Parkway; and
WHEREAS, American Electric Power ("AEP' will need three easements to provide
the needed electrical services to the properties; and
WHEREAS, the three easements are necessary to complete the Project; and
WHEREAS, the City desires to donate and dedicate three easements as depicted in
the attached Exhibit A to AEP for the Project.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, of the elected
members concurring, that:
Section 1. The City Manager is hereby authorized to execute three easements in
favor of AEP for the Project.
Section 2. This Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to take any other actions as may be appropriate to implement this
Ordinance.
Section 3. This Ordinance .s II take effect in accordance with 4. 04(b) of the
Dublin Revised Charter.
Pa ed this ��d�y o , 2017.
yor — Presidj/ig Officer
ATTEST:
Clerk of Council
Ts o:, Members of Dublin City Council
From:, Dana L. McDaniel, City
any
Datel., April 20, 2017
Inffilated By:, Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Michael S. Sweder, P.E,,, Civil Engineer II
Attached is a copy of the deeds of easement and exhibits. This documentation has been
reviewed by staff and is consistent with past easements granted to AEP on City-owned property.
Staff proposes the easements be granted to AEP in the amount of $1, as is common practice.
The installation of these underground lines will occur later in May.
r
Staff recommends approval of Ordinance 23-17 at the second reading/public hearing on May 8,
authorizing the City Manager to Execute Easements along John Shields Parkway with American
Electric Power (AEP) for the installation of electric facilities to supply power to planting bed
receptacles along John Shields Parkway.
Iof Dublin
OHIO, USA
15- 015 -CIP
John Shields Parkway - Phase 2
o so 100 zoo
Feet
Easement & Right of Way
City of Dublin, Ohio, "Grantor(s) ", in consideration of $1.00, the easement terms, and
other good and valuable consideration from Ohio Power Company an Ohio corporation and a unit of
American Electric Power, 850 Tech Center Drive, Gahanna, OH 43230 -6605, "Grantee ", the receipt and
sufficiency of which is acknowledged, grants and conveys to Grantee its successors, assigns, lessees,
licensees and tenants, an easement, "Easement" for electric and other current/future energy or
communication purposes underground, in, on, through and across the following described lands situated
in City of Dublin, Franklin County, Ohio, and being part of Quarter Township No(s) 2 Township No(s) 2
North, Range No(s) 19 West. Being part of a 9.92 acre tract of land as described in Instrument Number
201 40603 006854 1 of the Franklin County Recorder's Office
(Parcel # 273 - 009088 -00).
Said lines and facilities shall be constructed within a certain strip of land ten (10) feet in width,
situated EAST from and adjacent to WEST property line. The approximate location of said
easement is depicted on Exhibit A, attached hereto and incorporated herein.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, repair, replace, enlarge, upgrade,
extend or remove utility facilities and relocate within the Easement, all necessary and convenient facilities
which include but are not limited to: conductors, conduits, enclosures, grounding systems, foundations,
manholes, and associated equipment, adding thereto from time to time; perform grading or filling for such
facilities; cut, trim, remove and/or otherwise control, with herbicides or by other means, at Grantee's
option (without any liability to Grantor), any trees, limbs or branches, brush, shrubs, undergrowth, of
whatever size, buildings, structures, pavement, or other obstructions that in Grantee's reasonable
judgment endanger or interfere with the safety or use of its facilities, both within and adjoining the
Easement. Within the Easement, Grantor shall not: place any structures, piles or debris, 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, nor permit or
cause any excavation, 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 mutually agreed upon location
without the need for a new easement.
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 use its property in a manner 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.
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
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby.
Grantor(s) signed this Easement on the day of 2017.
City of Dublin, Ohio
By:
Print Name:
Title:
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me this day of
I�
City of Dublin, Ohio, on behalf of the city.
(Name)
Notary Public
My Commission
Easement prepared by Ohio Power Company cwm
CALL BEFORE YOUDIG III Address 6738 Hobbs Landing
0127206.0607928 4814 - 5085 - 498243
2017
(Title)
Dwg. No. 64696098 W002799401
Easement & Right of Way
The City of Dublin, Ohio, "Grantor(s) ", in consideration of $1.00, the easement terms,
and other good and valuable consideration from Ohio Power Company an Ohio corporation and a unit of
American Electric Power, 850 Tech Center Drive, Gahanna, OH 43230 -6605, "Grantee ", the receipt and
sufficiency of which is acknowledged, grants and conveys to Grantee its successors, assigns, lessees,
licensees and tenants, an easement, "Easement" for electric and other current/future energy or
communication purposes underground, in, on, through and across the following described lands situated
in City of Dublin, Franklin County, Ohio, and being Lot Number 3 of Taller Flats, as the same is
numbered and delineated upon the recorded plat thereof, of record in Plat Book 119, Page 8. Being part of
a 0.53 acre tract of land as described in Instrument Number 201507220099778 of the Franklin County
Recorder's Office (Parcel # 273-012635-00).
Said lines and facilities shall be constructed within a certain strip of land ten (10) feet in width, the
centerline being the facilities as installed. The approximate location of said easement is depicted on
Exhibit A, attached hereto and incorporated herein. The centerline shall be approximately
feet off of, and parallel to, the southern property line.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, repair, replace, enlarge, upgrade,
extend or remove utility facilities and relocate within the Easement, all necessary and convenient facilities
which include but are not limited to: conductors, conduits, enclosures, grounding systems, foundations,
manholes, and associated equipment, adding thereto from time to time; perform grading or filling for such
facilities; cut, trim, remove and/or otherwise control, with herbicides or by other means, at Grantee's
option (without any liability to Grantor), any trees, limbs or branches, brush, shrubs, undergrowth, of
whatever size, buildings, structures, pavement, or other obstructions that in Grantee's reasonable
judgment endanger or interfere with the safety or use of its facilities, both within and adjoining the
Easement. Within the Easement, Grantor shall not: place any structures, piles or debris, 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, nor permit or
cause any excavation, 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 mutually agreed upon location,
without the need for a new easement.
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 use its property in a manner 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.
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
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby.
Grantor(s) signed this Easement on the day of 2017.
City of Dublin, Ohio
By:
Print Name:
Title:
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me this day of
I�
City of Dublin, Ohio, on behalf of the city.
(Name)
Notary Public
My Commission
Easement prepared by Ohio Power Company cwm
CALL BEFORE YOUDIG III Address 6738 Hobbs Landing
0127206.0607928 4817 - 8679 - 251843
2017
(Title)
Dwg. No. 64696098 W002799401
Easement & Right of Way
City of Dublin, Ohio, "Grantor(s) ", in consideration of $1.00, the easement terms, and
other good and valuable consideration from Ohio Power Company an Ohio corporation and a unit of
American Electric Power, 850 Tech Center Drive, Gahanna, OH 43230 -6605, "Grantee ", the receipt and
sufficiency of which is acknowledged, grants and conveys to Grantee its successors, assigns, lessees,
licensees and tenants, an easement, "Easement" for electric and other current/future energy or
communication purposes underground, in, on, through and across the following described lands situated
in City of Dublin, Franklin County, Ohio, and being part of Quarter Township No(s) 2 Township No(s) 2
North, Range No(s) 19 West. Being part of a 9.92 acre tract of land as described in Instrument Number
201 40603 006854 1 of the Franklin County Recorder's Office
(Parcel # 273 - 009088 -00).
Said lines and facilities shall be constructed within a certain strip of land fifteen (15) feet in width.
The approximate location of said easement is depicted on Exhibit A, attached hereto and
incorporated herein.
This Easement conveys all necessary and convenient rights for the Easement's use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, repair, replace, enlarge, upgrade,
extend or remove utility facilities and relocate within the Easement, all necessary and convenient facilities
which include but are not limited to: conductors, conduits, enclosures, grounding systems, foundations,
manholes, and associated equipment, adding thereto from time to time; perform grading or filling for such
facilities; cut, trim, remove and/or otherwise control, with herbicides or by other means, at Grantee's
option (without any liability to Grantor), any trees, limbs or branches, brush, shrubs, undergrowth, of
whatever size, buildings, structures, pavement, or other obstructions that in Grantee's reasonable
judgment endanger or interfere with the safety or use of its facilities, both within and adjoining the
Easement. Within the Easement, Grantor shall not: place any structures, piles or debris, 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, nor permit or
cause any excavation, 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 mutually agreed upon location
without the need for a new easement.
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 use its property in a manner 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.
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
successors, assigns, lessees, licensees, heirs and legal representatives, and if any term hereunder is held
invalid, the remainder shall not be affected thereby.
WITNESS, Grantor(s) signed this Easement on the _ day of 12017.
City of Dublin, Ohio
By:
Print Name:
Title:
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me this day of
I�
City of Dublin, Ohio, on behalf of the city.
(Name)
Notary Public
My Commission
Easement prepared by Ohio Power Company cwm
CALL BEFORE YO UDIG III Address 4140 John Sheilds Pkwy
0127206.0607928 4813 - 9416- 5319v1
2017
(Title)
Dwg. No. 64696111 W002799401