68-06 Resolution
RECORD OF RESOLUTIONS
Day~~n_ Legal Bla~_~,_ln_~__,_~~rm No. 300_~!?__
Resolution No, 68-06 Passed
,20_
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN EASEMENT WITH THE OHIO BELL
TELEPHONE COMPANY (AT&T) FOR THE
INSTALLATION OF TELECOMMUNICATIONS
EQUIPMENT ON CITY-OWNED PROPERTY
WHEREAS, The Ohio Bell Telephone Company dba AT&T Ohio (AT&T), an Ohio
corporation, desires to provide service to a new subdivision in Dublin named the Glade at
Ballantrae; and
WHEREAS, AT&T has requested a non-exclusive easement from the City of Dublin to
install telecommunications equipment on City-owned property located east of Barons court
Way and south of Shier Rings Road as depicted on Exhibits A and B attached and more
particularly described by Instrument No. 200312040385661 in the Franklin County, Ohio
Recorder's Office;
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Dublin, State
of Ohio, 7 of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute an agreement with AT&T
for a non-exclusive easement on the aforementioned City-owned property.
Section 2. This resolution shall take effect and be in full force from and after the
earliest date permitted by law.
Passed this ,} lfl day of ~ ,2006
6n~~
ATTEST:
~{J~~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731,25 of the Ohio Revised Code.
Office of the City Manager
CITY OF DUBLIN. 5200 Emerald Parkway. Dublin, OH 43017 Memo
Phone: 614-410-4400 · Fax: 614-410-4490
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager~ ..o-~5.~. ..~. ~
Date: August 17,2006
Initiated By: Paul A. Hammersmith, Director of Engineering/City Engineer
C. Aaron Stanford, P.E., Civil Engineer
Re: Resolution 68-06 Authorizing the City Manager to Execute an Easement
with The Ohio Bell Telephone Company (AT&T) for the Installation of
Telecommunications Equipment.
Summary:
The City of Dublin has received a request from The Ohio Bell Telephone Company dba
AT&T Ohio (AT&T), an Ohio corporation, for a non-exclusive easement to install
telecommunications equipment on City-owned property located south of Shier-Rings Road to
the east of Baronscourt Way.
A copy of the easement documentation submitted to the City is attached to Resolution 68-06.
The documentation has been reviewed by staff and is consistent with past easements granted
to AT&T upon City-owned property.
Recommendation:
Staff recommends approval of Resolution 68-06 authorizing the City Manager to execute an
easement with AT&T for the installation of telecommunications equipment.
.
.. .
AT&T OHIO NON-EXCLUSIVE EASEMENT
Undertaking No. 5905030
Parcel Number: 274-000993
For a valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the
undersigned (Grantor) City of Dublin, Ohio, an Ohio municipal corporation, hereby grants and
conveys to The Ohio Bell Telephone Company dba AT&T Ohio, an Ohio Corporation, and its
affiliates and licensees, successors and assigns (collectively "Grantees") a non-exclusive
easement in, under, and across the Easement Area (described below), for the purposes of and in
order to construct, reconstruct, modify, maintain, operate and/or remove facilities for the
transmission of signals used in the provision of communication, video and/or information
services and/or any other services or uses for which such facilities may be used including, above
ground equipment cabinets or enclosures and support posts or pads, pedestals, or other markers
post, and signs, and other related or useful equipment, fixtures, including underground
messenger strand, cables, wires, enclosures, appurtenances and facilities, together with the right
to have a commercial electrical service extended across the Property (described below) and
Easement Area to provide service to such facilities and the right of ingress and egress across the
Property and Easement Area for the purpose of reasonable access to and use of the easement
granted herein.
The property is legally described as being: Situated in the State of Ohio, County of Franklin,
City of Dublin, located in Virginia Military Survey No. 3453, containing 1.267 acres, more or
less, being Reserve "N" of Ballantrae Section 3, as the same is numbered and delineated upon
the recorded plat thereof in Plat Book 102, Pages, 47-50, being the property of the City of
Dublin, Ohio, an Ohio municipal corporation, conveyed by Instrument No. 200312040385661,
Franklin County Recorder's Office, Columbus, Ohio.
Being the same property as record in: Instr: 200312040385661 Franklin County Records.
The Easement Area as shown on Exhibits "A" and "B" attached hereto and made a part hereof.
The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of
the Property and has full right and power to grant and convey the rights conveyed herein.
Grantee hereby agrees to restore all property disturbed by its activities in use of the easement to
the condition existing prior to the disturbance or pay reasonable damages.
{H0731234,\ )
~ ..
Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is
reasonably necessary to use the Easement Area as described herein and to exercise the rights
conveyed herein.
The Grantor shall not construct improvements in the Easement Area or change the finish grade
of the Easement Area without the consent of the Grantee.
The Grantee hereby additionally agrees to relocate or remove its facilities as outlined above in
the event Grantor determines the necessity to: (a) widen, modify and/or improve the intersection
of Baronscourt Loop and Baronscourt Way; (b) conduct necessary public improvements on the
Easement Area; or (c) require the relocation or removal of such facilities for the public health,
safety or welfare, Any such relocation or removal shall be performed by Grantee: (a) within a
reasonable amount of time; (b) at Grantee's sole cost and expense; (c) in a manner so as not to
diminish the capacity or efficiency of operation of the facilities therein; and (d) in accordance
with plans and specifications approved by all necessary governmental authorities.
This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and
licensees of the parties hereto.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
{H0731234,} )2
- ....
Signed and Acknowledged by:
Bv:
WITNESS (Signature) GRANTOR (Signature)
(Witness Printed) (Grantor Print Name & Title If Applicable)
City of Dublin, Ohio,
an Ohio municipal corporation
Bv:
GRANTOR (Signature)
(Grantor Print Name & Title If Applicable)
STATE OF OHIO
COUNTY OF FRANKLIN
Personally appeared before me, a Notary Public, in and for said County and State, this
day of ,2006, who
acknowledged the execution of the above Easement.
Notary Public Signature
Notary Public Printed
My Commission Expires
{H0731234,l )3
EXHIBIT "A" GRAPHIC SCALE - (in Feet) N
~ 0 n ~
TO AN EASEMENT DATED SHIER RINGS RD. ~ I I
FROM elL ::-\-
City of Dublin, Ohio, L6
an Ohio municipal corporation, R/WI .:;,
TO I r>-'
THE OHIO BELL TELEPHONE COMPANY OJ I S8S.41'S7"W
dba A T& T, an Ohio corporation '75 f I 21.89'
I ~ I
z
I ~ EXISTING 23' EASEMENT
0
374 Ie
~
373 ~ EXISTING 2' WIDE
I (]'I I SIDEWALK EASEMENT
q
\~
~p City of Dublin, Ohio,
an Ohio municipal corporation,
BARQNSCO~l~~OP. 50' ) Instr: 200312040385661
_ R/"] I Transfer Date: 12-04-2003
'14 '16 \<; Parcel No. 274-000993
Ballantrae Section 3
STRIP EASEMENT "0 Plat Book 102, Page 47-50
.......
;;On r
LINE BEARINGS DISTANCE ~\ Reserve 'N'
L1 540.41'57"W 42.39' 1.267:1:: Acres
L2 504.18'03 E 1025.41
L3 S79.0 l'58"W 10.00
L4 N04.18'03"W ' 1029.55 376
L5 N40.41'57"E 36.53' PROPOSED
L6 N85.41'57"E 14:14 ' 10'xl086.76':!:
CURVE ARC LENG H HORD BEARING CHORD 015 . AT&T NON-EXCLUSIVE
377 STRIP EASEMENT
Cl 18.96 507..3801 E 18.95
C2 20,1 NOn801 20.11
378
\ EXISTING 2' WIDE
SIDEWALK EASEMENT
379 \
P/L-
Dublin This document was prepared by ADC Information Technologies Inc. dba Integrated
Building Systems, for the limited use of The Ohio Bell Telephone Company dba A T& T
Ohio to Identify the easement location and Is not intended to represent an accurate
survey of the property. Subject to all legal easements and rights of way of record.
All Records from the Recorders Office of Franklin County, Ohio
The easement bearings are based on: Baltantrae Section 3. .
Plat Book 102, Page 47-50
EXHIBIT 'B'
Description of AT&T, Ohio Non-Exclusive Strip Easement
Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia
Military Survey No. 3453, containing 1.267 acres, more or less, being Reserve "N" of
Ballantrae Section 3, as the same is numbered and delineated upon the recorded plat
thereof in Plat Book 102, Pages, 47-50, being the property of the City of Dublin, Ohio, an
Ohio municipal corporation, conveyed by Instrument No. 200312040385661, Franklin
County Recorder's Office, Ohio, said easement being described as follows:
Beginning for reference at the Northeast comer of said property; Continuing South 85
degrees 41 minutes 57 seconds West 21.89 feet along the South right-of-way of Shier
Rings Road to The Point of Beginning;
Thence South 40 degrees 41 minutes 57 seconds West 42.39 feet to a point;
Thence South 04 degrees 18 minutes 03 seconds East 1025 Al feet to a point;
Thence along a curve with an arc length of 18.96 feet, chord bearing of South 07 degrees
38 minutes 01 seconds East, chord distance of 18.95 feet to a point on the South property
line;
Thence South 79 degrees 01 minutes 58 seconds West 10.00 feet along the South
property line to a point;
Thence along a curve with an arc length of20.13 feet, chord bearing of North 07 degrees
38 minutes 01 seconds West, chord distance of 20.11 feet to a point;
Thence North 04 degrees 18 minutes 03 seconds West 1029.55 feet to a point;
Thence North 40 degrees 41 minutes 57 seconds East 36.53 feet to a point on the South
right-of-way of Shier Rings Road;
Thence North 85 degrees 41 minutes 57 seconds East 14.14 feet along South right-of-way
of Shier Rings Road to the Point of Beginning
Bearings based on Ballantrae Section 3, Plat Book 102, Page 47-50
.