Ordinance 85-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: November 9, 2021
Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Michael S. Sweder, PE, Civil Engineer II
Yazan S. Ashrawi, Attorney At Law
Re: Ordinance 85-21 – Authorizing the City Manager to Execute an Easement
Purchase and Sale Agreement and Four Easement Agreements with AEP
Ohio Transmission Company, Inc. as part of the Amlin-Dublin 138 kV
Transmission Line Project
SUMMARY
The AEP Ohio Transmission Company, Inc. (“AEP Ohio”) Amlin-Dublin 138 kV Transmission Line Project
(the “Project”) scope involves constructing approximately 3.4 miles of single-circuit 138-kilovolt (kV)
electric transmission line between the existing Amlin Substation and the existing Dublin Substation as
depicted on the location map on page 2. The Project is also referred to as the Dublin West Innovation
District Improvements. The Project is located partially in the City of Dublin (the “City”) and partially
within the unincorporated area of Washington Township. AEP Ohio has made project information
available to the public on its website at www.aeptransmission.com/ohio/WestDublin/index.php. This
project website includes the Project Description, Project Updates, Project Releases, Fact Sheet,
Timeline, and Structures information.
Dublin staff, EMH&T engineers (the consulting firm designing the City’s University Boulevard and Shier
Rings Road/Avery Road Intersection project), and AEP Ohio engineers have closely coordinated the
design details associated with their respective projects in the area. Dublin staff has ensured the AEP
Ohio plans are holding true to the route, pole type, and pole heights approved by City Council on
January 21, 2020. As part of discussions with the City to reduce visual impacts in the Project area, the
transmission structures will be approximately 65 feet tall except for where taller structures are
necessary to meet span or clearance requirements.
On May 26, 2020, AEP Ohio filed a Letter of Notification and application with the Ohio Power Siting
Board (OPSB) for the new power line known as the Amlin-Dublin 138 kV Transmission Line Project,
Case No. 20-0946-EL-BLN. As AEP Ohio indicated in their filing with the OPSB, AEP Ohio’s Project will
be constructed as a single circuit 138 kV line within an approximately 80‐foot‐wide permanent right‐of‐
way. AEP Ohio identified and considered several route alternatives and is proposing the same route
that was approved by City Council.
The Project requires the acquisition of property interest from the City. After engaging in amicable
discussions, the City has agreed to sell the property interests to AEP Ohio necessary to construct and
maintain the Project as shown in the location map. As part of these discussions, the City retained its
own independent appraiser to value the necessary easements, and AEP Ohio has agreed to pay the
amount established by the City’s appraiser.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Ordinance 85-21 – Authorizing the City Manager to Execute an Easement Purchase and Sale Agreement
and Four Easement Agreements with American Electric Power (AEP) Ohio Transmission Company, Inc. as
part of the Amlin-Dublin 138 kV Transmission Line Project
November 9, 2021
Page 2 of 3
AEP Ohio anticipates beginning construction of the Project in early 2022 and presently has a proposed
in-service date of May 2022.
LOCATION MAP
ACQUISITION
AEP Ohio is acquiring from the City only the property interest necessary for purposes of the Project. As
depicted in the legal descriptions and exhibits attached to this memorandum, and as shown in Figures
1 and 2 on page 3, AEP Ohio is acquiring the following:
AEP Ohio
Easement No.
Auditor Parcel
ID Number Property Interest Area
(Acres)
Appraised
Value
11 274-012228 Permanent Easement 0.501 $52,373
24 273-013140 Permanent Easement 0.586 $152,350
27 274-012317 Permanent Easement 3.238 $805,998 Temporary Easement 0.068
28 274-012327 Permanent Easement 0.872 $332,425
Total = $1,343,146
Ordinance 85-21 – Authorizing the City Manager to Execute an Easement Purchase and Sale Agreement
and Four Easement Agreements with American Electric Power (AEP) Ohio Transmission Company, Inc. as
part of the Amlin-Dublin 138 kV Transmission Line Project
November 9, 2021
Page 3 of 3
In accordance with language in each of the four easements, the easements and the rights granted are
exclusively for AEP Ohio and its contractors. No other entity, individual, user, or joint user (such as
telecommunication companies) are permitted in the easement area without separate, expressed written
consent from the City. Additionally, the City reserves the right to construct light poles, streetlights,
shared-use paths, sidewalks and roads within the easement area.
This ordinance authorizes the City Manager to execute the Easement Purchase and Sale Agreement
and all necessary conveyance documentation for AEP Ohio to formally acquire the aforementioned
property interests.
Figure 1: AEP Easement No. 11
Figure 2: AEP Easements Nos. 24, 27, and 28
RECOMMENDATION
Staff recommends adoption of Ordinance 85-21 at the second reading/public hearing on December 6,
2021, as this ordinance authorizes the City Manager to execute the Easement Purchase and Sale
Agreement and all necessary conveyance documentation for the City to formally convey to AEP Ohio
the necessary property interests described above.
EASEMENT PURCHASE AND SALE AGREEMENT
This Easement Purchase and Sale Agreement (“Agreement”) is made effective as of the
___ day of ______________, 2021 by and between the City of Dublin, an Ohio municipal
corporation, whose address is 5555 Perimeter Drive, Dublin, Ohio 43017 (“Grantor”) and AEP
Ohio Transmission Company, Inc., an Ohio corporation, being a unit of American Electric
Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215 (“AEP”).
RECITALS
WHEREAS, Grantor is the owner of real property more particularly described in the
four (4) Easement agreements attached hereto as collective “Exhibit 1” and referred to herein as
the “Easements”;
WHEREAS, AEP desires to purchase the Easements from Grantor, and Grantor agrees
to sell the Easements to AEP; and
WHEREAS, Grantor and AEP have agreed to a purchase price for the Easements in the
amount of One Million Three Hundred Forty-Three Thousand One Hundred Forty-Six Dollars
($1,343,146.00) (the “Easement Payment”).
AGREEMENT
NOW, THEREFORE, Grantor and AEP, in consideration of the mutual promises and
representations set forth below, the recitals set forth above which are understood to be terms of
this Agreement, and consideration of the execution of the Easements and corresponding
Easement Payment, agree as follows:
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1. AEP’s Payment To Grantor. Within sixty (60) days of AEP’s receipt of
executed copies of this Agreement, the Easements, and a Form W -9, AEP will deliver to
Grantor a check made payable to “City of Dublin” in the amount of the Easement Payment.
2. Remedy. To the extent that any party violates the terms of this Agreement, the
other party will be entitled to recover its reasonable costs and expenses, including attorney’s
fees, incurred in enforcing the terms of this Agreement and arguing damages associated with a
breach of this Agreement.
3. Binding Agreement Subject to Condition Precedent. Subject to approval of the
City of Dublin Council for all obligations under this Agreement, this Agreement shall bind and
inure to the benefit of the parties and their respective legal representatives, successors and
assigns.
4. Amendments. No amendments, modifications, alterations or additions to this
Agreement shall be binding unless made in writing and signed by all parties.
5. Governing Law. This Agreement shall be governed in all respects as to validity,
construction, capacity, performance or otherwise by the laws of the State of Ohio.
6. Counterparts. This Agreement may be executed in several counterparts, each of
which will be deemed an original, but together the counterparts shall constitute one and the
same document.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Executed:
AEP Ohio Transmission Company, Inc.
By: _______________________________
Print name: _____________________________
Its: _______________________________
City of Dublin
By: _______________________________
Print name: _____________________________
Its: _______________________________
EXHIBIT 1
EASEMENTS
1
Line Name: Amlin - Dublin
Line No.: TLN380:OH178 Easement No.: 11
EASEMENT
On this ___ day of ______________, 2021, in consideration of Ten and NO/100 Dollars ($10.00),
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
the covenants hereinafter set forth, City of Dublin, whose address is 5555 Perimeter Drive, Dublin,
Ohio 43017 ("Grantor"), an Ohio municipal corporation, hereby grants, sells, conveys, and warrants
to AEP Ohio Transmission Company, Inc., a(n) Ohio corporation, a unit of American Electric
Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215 (“AEP”) and
its successor electric utilities a permanent easement ("Easement"), for a single electric transmission
line, not to exceed 138kV, and for internal communication lines and appurtenant structures,
equipment and fixtures (the “Transmission Line”), being, in, on, over, under, through and across
the following described lands of Grantor, situated in the State of Ohio, Franklin County,
Washington Township, City of Dublin, Tax Parcel Number 274-012228 (“Grantor’s Property”).
Grantor claims title by General Warranty Deed dated 12/23/2011 from John T. Byers, recorded on
12/30/2011 as instrument number 201112300171611 in the Franklin County Recorder’s Office.
Auditor/Key/Tax Number: 274-012228
The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached
hereto and made a part hereof ("Easement Area").
GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS:
The right to initially construct the Transmission Line within the Easement Area, consistent with the
construction drawings attached as Exhibit “B” (the “Initial Construction Plan”). AEP further has
the right to reconstruct, operate, maintain, improve, inspect, patrol (by ground or air), protect,
repair, remove, replace, and relocate the Transmission Line within the Easement Area in accordance
with the terms of this Easement, except as limited by the Ohio Power Siting Board or any successor
entity with jurisdiction over such improvements (the “OPSB”). Grantor shall be afforded notice
and an opportunity to object to such improvements if available in the course of such OPSB
proceedings. This paragraph shall not be construed to prohibit AEP from engaging with out notice
in any activities, including maintenance activities, that do not require OPSB approval.
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Should AEP desire to use the Easement Area in a manner that is substantially or materially different
than the use pursuant to the Initial Construction Plan, AEP must first obtain written consent from
Grantor, which Grantor shall not unreasonably withhold.
This Easement and the rights granted herein are exclusively for AEP and its contractors. No other
entity, individual, user, or joint user, shall be permitted to enter the Easement Area without separate,
expressed written consent from Grantor.
The right, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides
or tree growth regulators or other means, any and all trees, overhanging branches, vegetation or
brush situated within the Easement Area if, in AEP’s sole discretion, said trees or vegetation
endanger the safety of, or interfere with the construction, operation, or maintenance of AEP’s
facilities, or ingress and egress to the Easement Area. AEP shall also have the right to cut down,
trim or remove trees situated on lands of Grantor which adjoin the Easement Area when in the
opinion of AEP those trees or vegetation endangers the safety of, or interferes with the construction,
operation or maintenance of AEP's facilities or ingress or egress to, from or along the Easement
Area.
The right of unobstructed ingress and egress, at any and all times, over, across and along and upon
the Easement Area, and across the adjoining lands of Grantor as may be necessary for access to and
from the Easement Area for the above referenced purposes.
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
Grantor reserves the right to cultivate annual crops, pasture, or shrubbery, or construct fences
(provided gates are installed that adequately provide AEP the access rights conveyed herein), light
poles, streetlights, pedestrian and traffic control signs and devices, shared-use paths, sidewalks, and
roads, or otherwise use the lands encumbered by this Easement in any way not inconsistent with
the rights herein granted. In no event, however, shall Grantor, its heirs, successors, and assigns
plant or cultivate any trees or other vegetation or permit or construct any structures or improvements
in the Easement Area that, in AEP’s sole discretion, obstruct the Transmission Line, cause a
violation of applicable regulatory – including clearance – requirements, endanger AEP’s facilities
within the Easement Area, including via subsidence or loss of support, or otherwise interfere with
AEP’s rights under this Easement.
AEP agrees to repair or pay Grantor for actual damages sustained by Grantor to crops, fences, gates,
irrigation and drainage systems, drives, lawns, or any structure, real property, or personal property
that are permitted herein, when such damages arise out of AEP's exercise of the rights herein
granted.
AEP agrees to indemnify and hold harmless Grantor and its employees, agents, successors and
assigns from and against any loss, claim or expense, including without limitation, claims for injury
or death to person or damage to property or environmental damages occurring as a result of any act
or omission of AEP or its successors or assigns in the installation, construction, operation,
maintenance, repair, reconstruction, replacement and removal of its facilities or occasioned by any
act or omission of AEP or its agents, contractors or employees in violation of a legal duty. This
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indemnification shall not apply to damages caused by the negligence or wil lful misconduct of
Grantor or its employees, agents, successors or assigns.
Nothing contained herein shall be deemed or construed by the parties or by any third party as
creating the relationship of principal and agent, of partnership or of joint venture between the
parties, it being understood and agreed that no provision contained herein or any act of the parties
hereto shall be deemed to create any relationship other than grantor and grantee of the rights and
easements set forth herein.
Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of
any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be
deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements
or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other
party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach
in the future.
In the event any provision of this Easement agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The pronouns used herein shall be considered as meaning the person, number, and gender
appropriate under the circumstances at any given time.
This Easement agreement shall be governed by and construed in accordance with the laws of the
State of Ohio.
Unless otherwise provided, this Easement, or any rights or covenant set forth herein, may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written
instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County,
Ohio with reference made to this Easement.
This Easement and the permanent rights conveyed herein shall run with the land and inure to the
benefit of and be binding upon the parties hereto and their respective heirs, executors,
representatives, successors, lessees, tenants, licensees, and assigns.
Grantor and AEP represent and warrant that they have the full right and authority to enter into this
Easement.
This instrument contains the complete agreement, expressed or implied between the parties herein
and shall inure to the benefit of and be binding on their respective successors, assigns, heirs,
executors, administrators, lessees, tenants, and licensees.
This Easement may be executed in counterparts, each of which shall be deemed an original, but
all of which, taken together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, said Grantor have hereunto set their hand(s) and seal(s) as of the
last date set forth below.
GRANTOR
City of Dublin
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of City of Dublin, on behalf of the city.
_______________________________________
Notary Public
Commission Expires:______________________
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IN WITNESS WHEREOF, AEP has set its hand(s) and seal(s) as of the last date set forth
below.
AEP
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of AEP, on behalf of AEP.
_______________________________________
Notary Public
Commission Expires:______________________
This instrument prepared by Thomas G. St. Pierre, Associate General Counsel - Real Estate, American Electric
Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of AEP Ohio Transmission
Company, Inc., a unit of American Electric Power.
When recorded return to: American Electric Power - Transmission Right of Way, 8600 Smiths Mill Road, New
Albany, OH 43054
FUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADE
1
Line Name: Amlin - Dublin
Line No.: TLN380:OH178 Easement No.: 24
EASEMENT
On this ___ day of ______________, 2021, in consideration of Ten and NO/100 Dollars ($10.00),
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
and the covenants hereinafter set forth, City of Dublin, whose address is 5555 Perimeter Drive,
Dublin, Ohio 43017 ("Grantor"), an Ohio municipal corporation, hereby grants, sells, conveys, and
warrants to AEP Ohio Transmission Company, Inc., a(n) Ohio corporation, a unit of American
Electric Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215
(“AEP”) and its successor electric utilities a permanent easement ("Easement"), for a single
electric transmission line, not to exceed 138kV, and for internal communication lines and
appurtenant structures, equipment and fixtures (the “Transmission Line”), being, in, on, over,
under, through and across the following described lands of Grantor, situated in the State of Ohio,
Franklin County, Washington Township, City of Dublin, Tax Parcel Number 273-013140.
Grantor claims title by General Warranty Deed, Instrument Number 201812180170863, recorded
12/18/2018 in the Franklin County Recorder's Office.
Auditor/Key/Tax Number: 273-013140
The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is
attached hereto and made a part hereof ("Easement Area").
GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS:
The right to initially construct the Transmission Line within the Easement Area, consistent with
the construction drawings attached as Exhibit “B” (the “Initial Construction Plan”). AEP further
has the right to reconstruct, operate, maintain, improve, inspect, patrol (by ground or air), protect,
repair, remove, replace, and relocate the Transmission Line within the Easement Area in
accordance with the terms of this Easement, except as limited by the Ohio Power Siting Board or
any successor entity with jurisdiction over such improvements (the “OPSB”). Grantor shall be
afforded notice and an opportunity to object to such improvements if available in the course of
such OPSB proceedings. This paragraph shall not be construed to prohibit AEP from engaging
without notice in any activities, including maintenance activities, that do not require OPSB
approval.
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Should AEP desire to use the Easement Area in a manner that is substantially or materially
different than the use pursuant to the Initial Construction Plan, AEP must first obtain written
consent from Grantor, which Grantor shall not unreasonably withhold.
This Easement and the rights granted herein are exclusively for AEP and its contractors. No other
entity, individual, user, or joint user, shall be permitted to enter the Easement Area without
separate, expressed written consent from Grantor.
The right, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides
or tree growth regulators or other means, any and all trees, overhanging branches, vegetation or
brush situated within the Easement Area if, in AEP’s sole discretion, said trees or vegetation
endanger the safety of, or interfere with the construction, operation, or maintenance of AEP’s
facilities, or ingress and egress to the Easement Area. AEP shall also have the right to cut down,
trim or remove trees situated on lands of Grantor which adjoin the Easement Area when in the
opinion of AEP those trees or vegetation endangers the safety of, or interferes with the
construction, operation or maintenance of AEP's facilities or ingress or egress to, from or along
the Easement Area.
The right of unobstructed ingress and egress, at any and all times, over, across and along and upon
the Easement Area, and across the adjoining lands of Grantor as may be necessary for access to
and from the Easement Area for the above referenced purposes.
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
Grantor reserves the right to cultivate annual crops, pasture, or shrubbery, or construct fences
(provided gates are installed that adequately provide AEP the access rights conveyed herein), light
poles, streetlights, pedestrian and traffic control signs and devices, shared-use paths, sidewalks,
and roads, or otherwise use the lands encumbered by this Easement in any way not inconsistent
with the rights herein granted. In no event, however, shall Grantor, its heirs, successors, and
assigns plant or cultivate any trees or other vegetation or permit or construct any structures or
improvements in the Easement Area that, in AEP’s sole discretion, obstruct the Transmission Line,
cause a violation of applicable regulatory – including clearance – requirements, endanger AEP’s
facilities within the Easement Area, including via subsidence or loss of support, or otherwise
interfere with AEP’s rights under this Easement.
AEP agrees to repair or pay Grantor for actual damages sustained by Grantor to crops, fences,
gates, irrigation and drainage systems, drives, lawns, or any structure, real property, or personal
property that are permitted herein, when such damages arise out of AEP's exercise of the rights
herein granted.
AEP agrees to indemnify and hold harmless Grantor and its employees, agents, successors and
assigns from and against any loss, claim or expense, including without limitation, claims for injury
or death to person or damage to property or environmental damages occurring as a result of any
act or omission of AEP or its successors or assigns in the installation, construction, operation,
maintenance, repair, reconstruction, replacement and removal of its facilities or occasioned by any
act or omission of AEP or its agents, contractors or employees in violation of a legal duty. This
3
indemnification shall not apply to damages caused by the negligence or willful misconduct of
Grantor or its employees, agents, successors or assigns.
Nothing contained herein shall be deemed or construed by the parties or by any third party as
creating the relationship of principal and agent, of partnership or of joint venture between the
parties, it being understood and agreed that no provision contained herein or any act of the parties
hereto shall be deemed to create any relationship other than grantor and grantee of the rights and
easements set forth herein.
Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of
any breach of the other party of any of its obligations, agreements, or covenants hereunder shall
be deemed to be a waiver of any subsequent breach of the same or of any other covenants,
agreements or obligations, nor shall any forbearance by a party to seek a remedy for any breach
by the other party be deemed a waiver of any rights or remedies with respect to such breach or any
similar breach in the future.
In the event any provision of this Easement agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The pronouns used herein shall be considered as meaning the person, number, and gender
appropriate under the circumstances at any given time.
This Easement agreement shall be governed by and construed in accordance with the laws of the
State of Ohio.
Unless otherwise provided, this Easement, or any rights or covenant set forth herein, may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written
instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin
County, Ohio with reference made to this Easement.
This Easement and the permanent rights conveyed herein shall run with the land and inure to the
benefit of and be binding upon the parties hereto and their respective heirs, executors,
representatives, successors, lessees, tenants, licensees, and assigns.
Grantor and AEP represent and warrant that they have the full right and authority to enter into this
Easement.
This instrument contains the complete agreement, expressed or implied between the parties herein
and shall inure to the benefit of and be binding on their respective successors, assigns, heirs,
executors, administrators, lessees, tenants, and licensees.
This Easement may be executed in counterparts, each of which shall be deemed an original, but
all of which, taken together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, said Grantor have hereunto set their hand(s) and seal(s) as of the
last date set forth below.
GRANTOR
City of Dublin
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of City of Dublin, on behalf of the city.
_______________________________________
Notary Public
Commission Expires:______________________
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IN WITNESS WHEREOF, AEP has set its hand(s) and seal(s) as of the last date set forth
below.
AEP
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of AEP, on behalf of AEP.
_______________________________________
Notary Public
Commission Expires:______________________
This instrument prepared by Thomas G. St. Pierre, Associate General Counsel - Real Estate, American Electric
Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of AEP Ohio Transmission
Company, Inc., a unit of American Electric Power.
When recorded return to: American Electric Power - Transmission Right of Way, 8600 Smiths Mill Road, New
Albany, OH 43054
FUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADE
1
Line Name: Amlin - Dublin
Line No.: TLN380:OH178 Easement No.: 27
EASEMENT
On this ___ day of ______________, 2021, in consideration of Ten and NO/100 Dollars ($10.00),
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
the covenants hereinafter set forth, City of Dublin, whose address is 5555 Perimeter Drive, Dublin,
Ohio 43017 ("Grantor"), an Ohio municipal corporation, hereby grants, sells, conveys, and warrants
to AEP Ohio Transmission Company, Inc., a(n) Ohio corporation, a unit of American Electric
Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215 (“AEP”) and
its successor electric utilities a permanent easement ("Easement"), for a single electric transmission
line, not to exceed 138kV, and for internal communication lines and appurtenant structures,
equipment and fixtures (the “Transmission Line”), being, in, on, over, under, through and across the
following described lands of Grantor, situated in the State of Ohio, Franklin County, Washington
Township, City of Dublin, Tax Parcel Number 274-012317 (“Grantor’s Property”).
Grantor claims title by General Warranty Deed dated 6/30/2016 from RBG Properties, an Ohio
general partnership, recorded on 07/07/2016 as instrument number 201607070086744 in the
Franklin County Recorder's Office.
Auditor/Key/Tax Number: 274-012317
The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached
hereto and made a part hereof ("Easement Area").
GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS:
The right to initially construct the Transmission Line within the Easement Area, consistent with the
construction drawings attached as Exhibit “B” (the “Initial Construction Plan”). AEP further has
the right to reconstruct, operate, maintain, improve, inspect, patrol (by ground or air), protect, repair,
remove, replace, and relocate the Transmission Line within the Easement Area in accordance with
the terms of this Easement, except as limited by the Ohio Power Siting Board or any successor entity
with jurisdiction over such improvements (the “OPSB”). Grantor shall be afforded notice a nd an
opportunity to object to such improvements if available in the course of such OPSB proceedings.
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This paragraph shall not be construed to prohibit AEP from engaging without notice in any activities,
including maintenance activities, that do not require OPSB approval.
Should AEP desire to use the Easement Area in a manner that is substantially or materially different
than the use pursuant to the Initial Construction Plan, AEP must first obtain written consent from
Grantor, which Grantor shall not unreasonably withhold.
This Easement and the rights granted herein are exclusively for AEP and its contractors. No other
entity, individual, user, or joint user, shall be permitted to enter the Easement Area without separate,
expressed written consent from Grantor.
The right, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides
or tree growth regulators or other means, any and all trees, overhanging branches, vegetation or
brush situated within the Easement Area if, in AEP’s sole discretion, said trees or vegetation
endanger the safety of, or interfere with the construction, operation, or maintenance of AEP’s
facilities, or ingress and egress to the Easement Area. AEP shall also have the right to cut down, trim
or remove trees situated on lands of Grantor which adjoin the Easement Area when in the opinion
of AEP those trees or vegetation endangers the safety of, or interferes with the construction,
operation or maintenance of AEP's facilities or ingress or egress to, from or along the Easement
Area.
The right of unobstructed ingress and egress, at any and all times, over, across and along and upon
the Easement Area, and across the adjoining lands of Grantor as may be necessary for access to and
from the Easement Area for the above referenced purposes.
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
Grantor reserves the right to cultivate annual crops, pasture, or shrubbery, or construct fences
(provided gates are installed that adequately provide AEP the access rights conveyed herein), light
poles, streetlights, pedestrian and traffic control signs and devices, shared-use paths, sidewalks, and
roads, or otherwise use the lands encumbered by this Easement in any way not inconsistent with the
rights herein granted. In no event, however, shall Grantor, its heirs, successors, and assigns plant or
cultivate any trees or other vegetation or permit or construct any structures or improvements in the
Easement Area that, in AEP’s sole discretion, obstruct the Transmission Line, cause a violation of
applicable regulatory – including clearance – requirements, endanger AEP’s facilities within the
Easement Area, including via subsidence or loss of support, or otherwise interfere with AEP’s rights
under this Easement.
AEP agrees to repair or pay Grantor for actual damages sustained by Grantor to crops, fences, gates,
irrigation and drainage systems, drives, lawns, or any structure, real property, or personal property
that are permitted herein, when such damages arise out of AEP's exercise of the rights herein granted.
AEP agrees to indemnify and hold harmless Grantor and its employees, agents, successors and
assigns from and against any loss, claim or expense, including without limitation, claims for injury
or death to person or damage to property or environmental damages occurring as a result of any act
or omission of AEP or its successors or assigns in the installation, construction, operation,
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maintenance, repair, reconstruction, replacement and removal of its facilities or occasioned b y any
act or omission of AEP or its agents, contractors or employees in violation of a legal duty. This
indemnification shall not apply to damages caused by the negligence or willful misconduct of
Grantor or its employees, agents, successors or assigns.
Nothing contained herein shall be deemed or construed by the parties or by any third party as creating
the relationship of principal and agent, of partnership or of joint venture between the parties, it being
understood and agreed that no provision contained herein or any act of the parties hereto shall be
deemed to create any relationship other than grantor and grantee of the rights and easements set forth
herein.
Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of
any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be
deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements
or obligations, nor shall any forbearance by a party t o seek a remedy for any breach by the other
party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach
in the future.
In the event any provision of this Easement agreement shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof.
The pronouns used herein shall be considered as meaning the person, number, and gender
appropriate under the circumstances at any given time.
This Easement agreement shall be governed by and construed in accordance with the laws of the
State of Ohio.
Unless otherwise provided, this Easement, or any rights or covenant set forth herein, may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written
instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County,
Ohio with reference made to this Easement.
This Easement and the permanent rights conveyed herein shall run with the land and inure to the
benefit of and be binding upon the parties hereto and their respective heirs, executors,
representatives, successors, lessees, tenants, licensees, and assigns.
Grantor and AEP represent and warrant that they have the full right and authority to enter into this
Easement.
This instrument contains the complete agreement, expressed or implied between the parties herein
and shall inure to the benefit of and be binding on their respective successors, assigns, heirs,
executors, administrators, lessees, tenants, and licensees.
This Easement may be executed in counterparts, each of which shall be deemed an original, but
all of which, taken together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, said Grantor have hereunto set their hand(s) and seal(s) as of the
last date set forth below.
GRANTOR
City of Dublin
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of City of Dublin, on behalf of the city.
_______________________________________
Notary Public
Commission Expires:______________________
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IN WITNESS WHEREOF, AEP has set its hand(s) and seal(s) as of the last date set forth
below.
AEP
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of AEP, on behalf of AEP.
_______________________________________
Notary Public
Commission Expires:______________________
This instrument prepared by Thomas G. St. Pierre, Associate General Counsel - Real Estate, American Electric Power
Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of AEP Ohio Transmission Company,
Inc., a unit of American Electric Power.
When recorded return to: American Electric Power - Transmission Right of Way, 8600 Smiths Mill Road, New
Albany, OH 43054
FUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADE
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Line Name: Amlin - Dublin
Line No.: TLN380:OH178 Easement No.: 28
EASEMENT
On this ___ day of ______________, 2021, in consideration of Ten and NO/100 Dollars ($10.00),
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
the covenants hereinafter set forth, City of Dublin, whose address is 5555 Perimeter Drive, Dublin,
Ohio 43017 ("Grantor"), an Ohio municipal corporation, hereby grants, sells, conveys, and warrants
to AEP Ohio Transmission Company, Inc., a(n) Ohio corporation, a unit of American Electric
Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215 (“AEP”) and
its successor electric utilities a permanent easement ("Easement"), for a single electric transmission
line, not to exceed 138kV, and for internal communication lines and appurtenant structures,
equipment and fixtures (the “Transmission Line”), being, in, on, over, under, through and across
the following described lands of Grantor, situated in the State of Ohio, Franklin County,
Washington Township, City of Dublin, Tax Parcel Number 274-012327 (“Grantor’s Property”).
Grantor claims title by General Warranty Deed dated 6/30/2016 from RBG Properties, an Ohio
general partnership, recorded on 7/7/2016 as instrument number 201607070086744 in the Franklin
County Recorder’s Office.
Auditor/Key/Tax Number: 274-012327
The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached
hereto and made a part hereof ("Easement Area").
GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS:
The right to initially construct the Transmission Line within the Easement Area, consistent with the
construction drawings attached as Exhibit “B” (the “Initial Construction Plan”). AEP further has
the right to reconstruct, operate, maintain, improve, inspect, patrol (by ground or air), protect,
repair, remove, replace, and relocate the Transmission Line within the Easement Area in accordance
with the terms of this Easement, except as limited by the Ohio Power Siting Board or any successor
entity with jurisdiction over such improvements (the “OPSB”). Grantor shall be afforded notice
and an opportunity to object to such improvements if available in the course of such OPSB
proceedings. This paragraph shall not be construed to prohibit AEP from engaging with out notice
in any activities, including maintenance activities, that do not require OPSB approval.
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Should AEP desire to use the Easement Area in a manner that is substantially or materially different
than the use pursuant to the Initial Construction Plan, AEP must first obtain written consent from
Grantor, which Grantor shall not unreasonably withhold.
This Easement and the rights granted herein are exclusively for AEP and its contractors. No other
entity, individual, user, or joint user, shall be permitted to enter the Easement Area without separate,
expressed written consent from Grantor.
The right, now or in the future, to cut down, trim, remove, and otherwise control, using herbicides
or tree growth regulators or other means, any and all trees, overhanging branches, vegetation or
brush situated within the Easement Area if, in AEP’s sole discretion, said trees or vegetation
endanger the safety of, or interfere with the construction, operation, or maintenance of AEP’s
facilities, or ingress and egress to the Easement Area. AEP shall also have the right to cut down,
trim or remove trees situated on lands of Grantor which adjoin the Easement Area when in the
opinion of AEP those trees or vegetation endangers the safety of, or interferes with the construction,
operation or maintenance of AEP's facilities or ingress or egress to, from or along the Easement
Area.
The right of unobstructed ingress and egress, at any and all times, over, across and along and upon
the Easement Area, and across the adjoining lands of Grantor as may be necessary for access to and
from the Easement Area for the above referenced purposes.
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
Grantor reserves the right to cultivate annual crops, pasture, or shrubbery, or construct fences
(provided gates are installed that adequately provide AEP the access rights conveyed herein), light
poles, streetlights, pedestrian and traffic control signs and devices, shared-use paths, sidewalks, and
roads, or otherwise use the lands encumbered by this Easement in any way not inconsistent with
the rights herein granted. In no event, however, shall Grantor, its heirs, successors, and assigns
plant or cultivate any trees or other vegetation or permit or construct any structures or improvements
in the Easement Area that, in AEP’s sole discretion, obstruct the Transmission Line, cause a
violation of applicable regulatory – including clearance – requirements, endanger AEP’s facilities
within the Easement Area, including via subsidence or loss of support, or otherwise interfere with
AEP’s rights under this Easement.
AEP agrees to repair or pay Grantor for actual damages sustained by Grantor to crops, fences, gates,
irrigation and drainage systems, drives, lawns, or any structure, real property, or personal property
that are permitted herein, when such damages arise out of AEP's exercise of the rights herein
granted.
AEP agrees to indemnify and hold harmless Grantor and its employees, agents, successors and
assigns from and against any loss, claim or expense, including without limitation, claims for injury
or death to person or damage to property or environmental damages occurring as a result of any act
or omission of AEP or its successors or assigns in the installation, construction, operation,
maintenance, repair, reconstruction, replacement and removal of its facilities or occasioned by any
act or omission of AEP or its agents, contractors or employees in violation of a legal duty. This
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indemnification shall not apply to damages caused by the negligence or willful misconduct of
Grantor or its employees, agents, successors or assigns.
Nothing contained herein shall be deemed or construed by the parties or by any third party as
creating the relationship of principal and agent, of partnership or of joint venture between the
parties, it being understood and agreed that no provision contained herein or any act of the parties
hereto shall be deemed to create any relationship other than grantor and grantee of the rights and
easements set forth herein.
Except to the extent that a party may have otherwise agreed in writing, no waiver by such party of
any breach of the other party of any of its obligations, agreements, or covenants hereunder shall be
deemed to be a waiver of any subsequent breach of the same or of any other covenants, agreements
or obligations, nor shall any forbearance by a party to seek a remedy for any breach by the other
party be deemed a waiver of any rights or remedies with respect to such breach or any similar breach
in the future.
In the event any provision of this Easement agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The pronouns used herein shall be considered as meaning the person, number, and gender
appropriate under the circumstances at any given time.
This Easement agreement shall be governed by and construed in accordance with the laws of the
State of Ohio.
Unless otherwise provided, this Easement, or any rights or covenant set forth herein, may not be
amended, terminated, rescinded or otherwise modified, in whole or in part, except by a written
instrument executed by the parties hereto and recorded with the Recorder's Office, Franklin County,
Ohio with reference made to this Easement.
This Easement and the permanent rights conveyed herein shall run with the land and inure to the
benefit of and be binding upon the parties hereto and their respective heirs, executors,
representatives, successors, lessees, tenants, licensees, and assigns.
Grantor and AEP represent and warrant that they have the full right and authority to enter into this
Easement.
This instrument contains the complete agreement, expressed or implied between the parties herein
and shall inure to the benefit of and be binding on their respective successors, assigns, heirs,
executors, administrators, lessees, tenants, and licensees.
This Easement may be executed in counterparts, each of which shall be deemed an original, but
all of which, taken together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, said Grantor have hereunto set their hand(s) and seal(s) as of the
last date set forth below.
GRANTOR
City of Dublin
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of City of Dublin, on behalf of the city.
_______________________________________
Notary Public
Commission Expires:______________________
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IN WITNESS WHEREOF, AEP has set its hand(s) and seal(s) as of the last date set forth
below.
AEP
____________________________________
By:____________________________________
Its:_____________________________________
State of Ohio §
§
County of _______________ §
This instrument was acknowledged before me on this ______ day of ______________, 2021 by
____________________, ____________________, of AEP, on behalf of AEP.
_______________________________________
Notary Public
Commission Expires:______________________
This instrument prepared by Thomas G. St. Pierre, Associate General Counsel - Real Estate, American Electric
Power Service Corporation, 1 Riverside Plaza, Columbus, OH 43215 for and on behalf of AEP Ohio Transmission
Company, Inc., a unit of American Electric Power.
When recorded return to: American Electric Power - Transmission Right of Way, 8600 Smiths Mill Road, New
Albany, OH 43054
FUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADEFUTURE GRADE