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53-07 ResolutionOffice of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 G1TY OF DUBLIN To: Members of Dublin City Council From: Jane S. Brautigam, City Manager Date: August 2, 2007 Initiated By: Michelle L. Crandall, Director of Administrative Services Brian Ashford, Facilities Manager Memo Re: Resolution 53-07, Authorizing the City Manager to Execute an Easement with American Electric Power (AEP) far Extension of Electrical Lines to a Portion of the City-owned Property Located at 5800 Post Road Summary Facilities is currently overseeing the renovation of the stables located at the rear of what is commonly known as the Nyrop property. The renovated building will house recreational and educational programming suitable for a more rustic setting, such as stone carving classes, painting classes, nature education classes, Green Team meetings, etc. AEP will provide additional electrical ser~~ice to allow for enhanced lighting outside and inside the building, as well as a greater number of electrical outlets. Other work that will bring the structure into compliance with building code and ADA requirements include the installation of larger doors, a paved walking path and water tanks that will provide water to be utilized in the classes and for cleanup. A copy of the written request for the easement from AEP is attached. The documentation has been reviewed by staff and is consistent with past easements typically granted to AEP for City- owned property. Recommendation Staff recornmends approval of Resolution 53-07 authorizing the City Manager to execute an easement with AEP to support the renovation of the 5800 Post Road property. 53 -07 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH AMERICAN ELECTRIC POWER (AEP) FOR EXTENSION OF ELECTRICAL LINES TO A PORTION OF THE CITY- OWNED PROPERTY LOCATED AT 5800 POST ROAD WHEREAS, the City of Dublin has received a request from American Electric Power (AEP) for an easement on City-owned property; and WHEREAS, the easement will be located on parcels numbered 273-000790, 273- 000791, and 273-000364, City-owned properties on the north side of Post Road, east of Avery Road and west of Emerald Parkway; and WHEREAS, the easement is for the purpose of providing electrical service infrastructure necessary to support the renovation of stables located on the northern portion of 5800 Post Road, City-owned property commonly known as the "Nyrop" property; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute an agreement with American Electric Power (AEP) for an easement which is located on the north side of Post Road, east of Avery Road and west of Emerald Parkway. Section 2. This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this day of , 2007. Mayor -Presiding Officer Attest: Clerk of Council Easmt. AMERICAN`° ELECTRIC POWER ABP:.Americ~'s~ E~le~~~ !'nrdterW Easement & Right of Way City of Dublin, "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 Rd., Gahamla, OH 43230-6605, "Grantee", the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee, anon-exclusive right of way and easement "Easement", for electric, other energy or communication purposes for current/futm•e uses, overhead and underground, in, on, over, through and across the following described lands situated in the City of Dublin, Franklin County, Ohio, being Lot Number Three (3) of Johnston Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 50, Page 64, and transferred and recorded in Instrument 200105080100976, all references herein described are of the Franlin County Recorder's Office. Said lines and facilities shall be constructed within the limits of a Ten (10) foot wide strip of land, with the centerline being the cable and facilities as installed, as shown on Exhibit "A" attached hereto 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, 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 atiy 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 elech•ic lines will be consriucted 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 , 2007 City of Dublin By: Print Name: Title: By: Print Name: Title: 120725 CALL BEFORE YOU DIG!!! STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by ss: day of ss: day of Notary Public Commission Expires STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by 2007, 2007, Notary Public Commission Expires STATE OF OHIO, COUNTY OF ss: The foregoing instrument was acknowledged before me this day of 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 The foregoing instrument was aclrnowledged before me this by [Name of partner or agent], 2007, ss: day of [Title of partner or agent], on behalf of -[Name of principal]. Notary Public Commission Expi STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by ss: day of _ 2007, 2007, [Name of attorney in fact], on behalf of [Name of principal]. Notary Public Commission Expi For use by Recorder's Office and Auditor's Office. Easmt. No. Dwg. No. 120725 W.O. No. W001547601 Address: 5868 Post Road to serve: 5800 Post Road Easement prepared by Columbus Southern Power Company TOM _'' ..~ e ~ r1 e~ _ o _ 111^#~~^^^ ~~ . , ~ s ~ ' ~:' f ~ . ~, - ~ ~'' R.!. • . .~. ~ . +- - - ~, _ . : ~,}. . , >~1n ~ ,,~ ~~, v ~. ~' - _5904 '~ .' ~ _ ` ~ ~ - ~ ~ ~ ~ . ~ ~ 't \ ,~ 5886 ~" r ~ +w ~_~' ti~~_. _' ~ ~., _ 1} _~ ~-. + • ." , ."' ' ~.4r '.~. „~ ~ ~ -, ~•rt ~r~" -:~+ '? ~ ~ ~: _. 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