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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