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48-10 ResolutionRECORD OF RESOLUTIONS N.M. Inc., F.. No, 30095 Resolutio No. 48 -10 Pas,ced , 2 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT WITH AMERICAN ELECTRIC POWER (AEP) FOR THE INSTALLATION OF ELECTRIC SERVICE ALONG THE NORTH SIDE OF PERIMETER DRIVE BETWEEN COMMERCE PARKWAY AND EMERALD PARKWAY WHEREAS, the City of Dublin has received a request from American Electric Power (AEP) for an easement; and WHEREAS, the easement will enable AEP to provide electrical service infrastructure necessary to support Delta Energy (Parcel number 273 - 012333) and City of Dublin vacant land (Parcel number 273 - 012334); and WHEREAS, the location of the proposed easement is on the north side of Perimeter Drive, west of Commerce Parkway and east of Emerald Parkway, in accordance with Exhibit "A" of the Easement and Right of Way Agreement; and WHEREAS, Parcel number 273- 012291, where the easement will be located, is City - owned property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, --7-- of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute the attached Easement and Right of Way Agreement with American Electric Power (AEP) for an easement necessary to provide electrical service to Delta Energy and City of Dublin vacant land. Section 2. This Resolution shall take effect upon passage, in accordance with Section 4.04(a) of the Revised Charter. Passed this t day of t1C?ro'E ek , 2010. Vit"r�C�2 l�l • C�;�����it, Mayor - Pre dm Officer Attest: Clerk of Council CITY OF DUBLIN- Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha Grigsby, Interim City Manager /. v, C Date: October 7, 2010 Memo Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Kristin Yorko, P.E., Civil Engineer - Development Re: Resolution 48 -10 -Authorizing the City Manager to Execute an Easement with American Electric Power (AEP) for the Installation of an Electric Service to Delta Energy Summary Delta Energy, under construction at the southwest corner of Emerald Parkway and Perimeter Drive requires electrical service and American Electric Power (AEP) has requested a 10 -foot easement over the alignment of the electric service to install the needed infrastructure on property owned by the City of Dublin. Although the requested easement will be located in an area already encumbered by a utility easement, AEP requests a separate easement for the security of their facilities. AEP service lines will be installed underground; however, a transformer will be located above ground. In addition to providing service to the Delta Energy site, these facilities will also serve the City of Dublin vacant land located to the west of Delta Energy and east of Commerce Parkway when that property is developed in the future. Attached is a copy of AEP's request for the easement as well as the easement documentation. The documentation has been reviewed by staff and is consistent with past easements granted to AEP upon City -owned property. Staff proposes the easement be granted to AEP in the amount of $1, as is common practice, to enable and promote the relatively quick construction of the service line. Work is estimated to begin this month and be completed by mid - November. Recommendation Staff recommends approval of Resolution 48 -10, authorizing the City Manager to execute an easement with American Electric Power (AEP) for the installation of electric service. OHIO" A unit of American Electric Power City of Dublin, Ohio Attn: Kristin Yorko, P.E. Division of Engineering 5800 Shier -Rings Road Dublin, OH 43016 -1236 September 30, 2010 RE: Electric Easement to Serve 5555 Perimeter Drive, Dublin, OH Dear Ms. Yorko, AEP Ohio 850 Tech Center Drive Gahanna,OH 43230 AEPOhio. cam As we have discussed, the design to serve the customer at the above referenced address had to be redesigned. I just received confirmation that the re- design does not affect the proposed easement as it was delivered to you on September 15 "'. I am attaching the easement again with a new Exhibit "A" (facilities to west of City property are now in road right of way). Also attached is the most current job print,. I hope the City will accept the attached letter to serve as our Letter of Commitment to pay the City of Dublin your required fees when you inform me of the fee for the ten square feet of above ground space used. It would be appreciated by AEP and the customer requiring service to get this document on the Council Agenda for October 11, 2010. If you should have any questions concerning this matter, please contact me. Thank you. Sincerely, Shelley Jahn AEP Ohio Right of Way 850 Tech Center Drive Gahanna, OH 43230 614 -883 -6864 sejahn @aep.com Enclosures Easement & Right of Way 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 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 with general warranty covenants to Grantee its successors, assigns, lessees, licensees and tenants, a right of way and easement, "Easement" for electric and other current/future energy or communication purposes underground, in, on, through and across the following described lands situated in the City of Dublin, Franklin County, Ohio, being 13.895 acres more or less in Virginia Military Survey Number 2542, as described in Instrument Nos. 200903230040246, 200903230040245, 200903230040244 all dated 3 -20- 2009, of the Franklin County Recorder's Office (Parcel No. 273 - 012291). Also, reference Instrument No. 201005070056712 dated 5 -5 -2010 containing 1.090 acres (273 - 012324), and Instrument No. 2000512290273388 dated 12 -23 -2005 containing 8.473 acres (PID 273- 012059), of the Franklin County Recorder's Office. Said lines and facilities shall be constructed within the limits of a Ten (10) foot wide strip of land adjacent to and contiguous with the north side of Perimeter Drive road right of way for Perimeter Drive, as it currently exists or is relocated in the future. The approximate location of said easement is depicted by the shaded area 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 comparable location of Grantee's choosing, 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 1 2010, City of Dublin, Ohio an Ohio municipal corporation By: Print Name: Title: STATE OF OHIO, COUNTY OF The foregoing instrument was acknowledged before me this by day of 2010, Name(s)). Notary Public My Commission Expires Easement prepared by Columbus Southern Power Company t I I Address: To Serve 5555 Perimeter Dr. Dwg. No.33886463 W.O. No. W002017101 CALL BEFORE YOU DIG 1!! n -0 m 00 m EXHIBIT W o N)Z IA W O I cn = o �I - -- GO PKWY g m o n m 00 °O 0 o I� c wo V O I O O W + 0 I r Z W r + I N O N � � I + / tj N r NO I, Ln 0 0 (Via cn I Om 0U)Z ' w I C L4 a o m W C-) N Z W O _ / O / O i\ (7 0 N W cI o O W CO I, c N Z O O Ln O O = TOP: 1820442 - 766506 0 ® AMERICAN State: OHIO SERVICE TO 5555 PERIMETER DR. ELECTRIC County\Porrish: FRANKLIN COUNTY POWER Township: WASHINGTON COLUMBUS SOUTHERN PWR Drawn by: DEAN HARTZELL Date: 23 AUGUST 2010