03-04 Resolution
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
---- --- ........---------. -..----
Resolution No. 03-04 Passed .20_
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER A NON-DISTURBANCE AGREEMENT WITH NEW PAR,
ADELA W ARE PARTNERSHIP D/B/A VERIZON WIRELESS
WHEREAS, New Par, a Delaware partnership d/b/a Verizon Wireless, desires to place a
wireless structure in the City of Dublin; and
WHEREAS, Chapter 99 of the Codified Ordinances of the City of Dublin addresses
wireless structures; and
WHEREAS, Chapter 99 ofthe Codified Ordinances ofthe City of Dublin emphasizes the
need to place wireless structures in a manner that minimizes the visual impacts; and
WHEREAS, the City of Dublin has had great success in using "stealth" techniques to
minimize the visual impacts of wireless structures; and
WHEREAS, the wireless structure proposed by New Par has received administrative
approval for the placement of the structure due to its stealth-type placement; and
WHEREAS, the placement ofthe structure will require access to an easement owned by
the City of Dublin,
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 enter into an Agreement with
New Par, a Delaware partnership d/b/a Verizon Wireless.
Section 2. This Resolution shall take effect and be in force on the earliest date
permitted by law.
Passed this ~O'1 h dayof r~ ,2004
~~-
Mayor - Presiding Officer
ATTEST:
~ (L~~
Clerk of Council
I hereby certify that caples of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
NON DISTURBANCE AGREEMENT
THIS NON-DISTURBANCE AGREEMENT ("Agreement") is entered into as ofthe
_ day of , 2003 by and between THE CITY OF DUBLIN, OHIO, an Ohio
municipal corporation, with an address of ("Dublin")
and NEW PAR, a Delaware partnership d/b/a Verizon Wireless, with an address of 180
Washington Valley Road, Bedminster, New Jersey 07921, ATTN: Network Real Estate
("New Par").
WITNESSETH
WHEREAS, Dublin obtained certain rights to a future general utility easement (the
"Easement") over a portion of the property described in Exhibit "A" attached hereto (the
"Property"), pursuant to the terms of that certain "Right -ofW ay Agreement" between Dublin
and Ira Mauer and Diane Titlon-Mauer (the "Mauers") which is recorded at Volume 21514,
Page D04 in the Franklin County, Ohio, Recorder's Office (a copy of which is attached
hereto as Exhibit C);
WHEREAS, New Par desires to lease from the Mauers a portion of the Property as
shown on Exhibit "B" attached hereto (the "Lease Area") for the purpose of installing an
equipment shelter and other related appurtenances for a communications facility (the
"Equipment") to be installed on an existing transmission tower on the Property; and
WHEREAS, New Par seeks from Dublin an agreement that Dublin's use of the
Easement will not interfere with the Equipment or with New Par's use of the Lease Area.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. Dublin hereby agrees that should the Easement ever come into existence
pursuant to the terms of the Right of Way Agreement, Dublin's use of the
Easement will not interfere with the Equipment nor shall it interfere with
New Par's use of the Lease Area.
2. In consideration of the foregoing, New Par shall make to Dublin a one-time
payment ofTen Thousand Dollars ($10,000.00) due upon the commencement
of any construction by New Par within the Lease Area.
3. The Parties hereby acknowledge and agree, that should the agreements for the
lease of real or personal property for the purpose of operating a
communications facility on the Lease Area between New Par and the Mauers
and/or American Electric Power, ever expire, be revoked or otherwise
terminate, then this Agreement shall immediately be void and have no further
effect.
4. In the event that Dublin is unable to plan its use of the balance of the
Easement without disturbing the Lease Area, Dublin may require New Par,
upon twelve (12) months written notice to New Par at the address set forth
above, to remove its Equipment from the Lease Area. In the event that an
alternative construction solution cannot be reached between the Parties and
such removal becomes necessary, Dublin shall use its best efforts to assist
New Par in finding a replacement location for the Equipment. However, in
no event shall New Par be required to relocate or remove the Equipment until
such time as Dublin is actually ready to disturb the Lease Area.
5. New Par shall conduct activities on the Lease Area consistent with all laws
(local, state and federal) and all applicable safety rules and regulations. New
Par shall reasonably maintain the Lease Area while occupying the premises
and restore and pay for all reasonable damages done to the Lease Area as
caused by New Par's use, ordinary wear and tear excepted.
6. New Par shall indemnify and hold Dublin harmless against any claim of
liability or loss from personal injury or property damage resulting from or
arising out of the use and occupancy of the Lease Area or the Property by
New Par, its servants or agents, excepting, however, such claims or damages
as may be due to or caused by the acts or omissions ofthe City, or its servants
or agents.
7. This Agreement and the performance thereof shall be governed, interpreted,
construed, and regulated by the laws of the State of Ohio and any dispute
between the Parties shall attorn to the jurisdiction of the state and federal
courts venued in Franklin County, Ohio.
8. The Parties hereby acknowledge that this Agreement reflects the entire
agreement between the Parties as to the subject matter contained herein and
that the terms of this Agreement shall run with the Parties respective estates
and shall be binding upon the successors and assigns of both parties.
(SIGNATURES ON FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date.
THE CITY OF DUBLIN, OHIO, an Ohio NEW PAR, a Delaware partnership d/b/a
municipal corporation Verizon Wireless
By: Verizon Wireless (V A W), LLC, its
general partner
By: By:
Name: Name: David R. Heverling
Its: Its: Area Vice President--Network
APPROVED AS TO FORM:
City of Dublin Law Director
STATE OF ,
, SS:
COUNTY OF ,
BEFORE ME, a Notary Public in and for said county and state, personally appeared
, , of THE CITY OF DUBLIN,
OHIO, an Ohio municipal corporation, which executed the foregoing instrument, who
acknowledged that he/she did sign the foregoing instrument for and on behalf of THE CITY
OF DUBLIN, OHIO, being thereunto duly authorized, and that the same is his/her free act
and deed individually and the free act and deed of the CITY OF DUBLIN, OHIO.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
, , this day of ,
2004.
NOTARY PUBLIC
INDIVIDUAL ACKNOWLEDGMENT
Commonwealth of Massachusetts
SS:
County of Worcester
This instrument was acknowledged before me by David R. Heverling, who is
the Area Vice President of New Par d/b/a Verizon Wireless personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the entity upon behalf of
which the individual acted, executed the instrument, and that such individual made such
appearance before the undersigned in the City of Westborough, County of Worcester,
Commonwealth of Massachusetts.
Witness my hand and official seal, this day of ,2004.
Signature
My commission expires:
EXHIBIT A
" . '9'32C03
'. .. WALSH ~O LhOBU . TRACT :3
').400 ACa&S
Being a tract of land situated in the VB1a,. of ClubBn, County of
'rankl1n, State of Obio, uid tract belnq hom the northuly and
eM~t.r1y part of a 4.439 acre trac. conveyed to Haurica J. Waleh and
Bath J, LeRob!e by deed of record in Official Record 1373' J-Hl fan
official record, plat bool! and delld vo1u_ referenella hllrein oeing to
the Franklin County Itecorder'. Office), ..141 tract beIng a part of
Quarhr Township 2, 'township 2, Range 19, United Statell HUltary
Land., and ..1<1 tract belR" 110%. por!:1cular1y described a. followe,
Commencinq at an iron pin found at thll northeast corner of Maple Olen
Subdivision .. delIneated upon Plat Book 53, Page 24, saId Iron pIn
al.o being the northeallt corner of a 60-foot wide strip reserved on
..1<1 plat for a future atnel:, .aid iron pin IIlao being the llouthellst:
corner of the ..439 acre Walan and tenable tract, said Iron Pl9 also
beIng In the the we.t line of a 29.244 acre tract conveyed to Salco
Corp by deed of record In Ceed VolulllI! 2537, Page I, and saId Iron pin
also beIng the southeasterly corner of the herein described tract and
the TRUB POIN1 OF 8BOIHHIHO for this description.
Them:e Horth 8S" S4' 10~ West w.tth the north lIne of the 60 -foot
vide future dreet .. diatance of 8J.49 reet to an Iron pIpe set;
Thence Horth I" OS" 50" Ea,t through the 4.439 acre Walsh and Lenobie
hact a distance of 39,.29 feet: to an Iron pipe set;
Thence cont:inuing Horth 8S" 54' 10" West through the 4.439 acre Walsh
IInd Lenoble tract a d1atance of 312.13 feet to an Iron pipe aet In the
weat Une of the .. 439 acre Walsh and Lenoble hact, said iron pipe
also being In the east lIne of a 3.217 acre tract conveyed to D. R.
and B. 9. Lyth by deed of record In Deed Volume 3421, Page 209;
Thence Harth 1" OS' SO. East with the east line of the J. 211 acre
Lytle tract lIand wi th the weat llne of the .. B9 acre Walsh and
Lenoble trect II distance of lSO.OO feet to an iron pJo found at the
northeast corner: of the J.211 acraLytle tract, saId Iron pIn also
being the southeast corner of a 1. 758 acre heel:: conveyed to P.
WIl11amll by dud of record Jfl OffIeial Record 52 A-OJ, and saId !ton
pin alao being the southeast corner of a 1.555 acre tract also
cOnvf!yed to p, WilliaN:
Thence South 88" 56' 00" East wIth the South Hne of the 1.555 acre
WllUam3 tract and Io/Lth the north lIne of the 4,439 aCre Walah and
Lellob1e tract 1I distance of 396.01 feet to an iron pin found 111 the
\jut Une of II 10.0 acre tract conveyed to Columbus and Southern OhIo
Elechlc Company by deed of record In Deed Volume 3055, Page 611;
Thence South 1" 08' 28" West with the west: line of the 10.0 acre
Columbus and Southern OhIo Electr lc Company tract and vlth the \test
l1ne of the 28.244 acre Ilalco tract and with the east Une of the
4.439 IICfe ltIalah and Lenoble tract a distance of 577. SO feet: to an
Iron pin end the polnt at beginnIng.
The above descrIbed tract contains 2.400 acres of land more or less
and is SUbject to all ea.ements, rlghts-ot-~ay and restrictIons of
previous record.
The foregoIng descrlpt10n lias prepared ham actual surveys made by
Hllrqatt and AsSOCiates, WeSl:ervl1Ie, OhIo. The basis of burings 15
North 1 05' 50" Ea.ll1: for the centerl1ne of Ohneree Place taken from
thl! above referenced "aple Olen SubdIvision plat.
C" 71 - "" ".'
.4 '-. ~ 0 CO' ?f tJ / ~ C.
A.:; - \.~ S -;;'I~ I)r' . 1
- f).; It:' .. JjD \ , (lI
~/17./t.jz. ~<- 1.J"f t'tJ \, J~\q
c'tJI 1;W nile 'Wmt . _"
Art:hut O. Hargatt ! -1 t! . \ .*on.ilw~ro,oolQ
R'qllltered Surveyor 5824 1 il i ,Q5 . -!' .IS' tiM,
AprU 9, 19'0 l ntr APR 101992
(11VJ7V.JVl.l (.a.:.... I VI. '-'1In.IIU".. ....u.......u'-u.. pi up"_ "] IIUIII'-.
EXHIBIT B
LEASE AREA
This is a description for New Par, dba Verizon Wireless, of an area of land to be Leased
from the lands of Diane Tilton-Mauer, (Grantor) said lands being of record in Official Record
Volume 19132 C-02 (all references to records being on file in the Office of the Recorder,
Franklin County, Ohio).
Situated in Quarter Township 2, Township 2, Range 19, United States Military Lands,
Village of Dublin, County of Franklin, State of Ohio, and being a 0.041 acre Lease Area all
out that 2.400 acre tract ofland owned by Diane Tilton-Mauer, ofrecord in Official Record
Volume 19132 C-02, said 0.041 acre Lease Area being further described as follows:
The Point of Reference being an iron pin found at the southeasterly corner of said
2.400 acre tract, being in the westerly line of a 27.513 acre tract ofland owned by Rewal Co.
LLP, of record in Instrument #200005170096991, and also being at the northeasterly corner of
a 0.198 acre tract ofland also known as Reserve "C" of the "Maple Glen" subdivision plat,
recorded at Plat Book 53, Page 24, said 0.198 acre tract being owned by the City of Dublin, of
record in Official Record Volume 21689 H -0 I, said iron pin found being further referenced by
a an iron pin found at the northwesterly corner of said Reserve "C", which bears North
87010'53" West, at a distance of 143.49 feet, Thence from said Point of Reference, North
02051' 45" East, along the easterly line of said 2.400 acre tract, the westerly line of said 27.513
acre tract, a distance of 45.00 feet to an iron pin set and being the True Place of Beginning of
the herein described 0.041 acre Lease Area
Thence North 87008'15" West, a distance of30.00 feet to an iron pin set;
Thence North 02051 '45" East, a distance of 60.00 feet to an iron pin set;
Thence South 87008'15" East, a distance of30.00 feet to an iron pin set in the easterly
line of said 2.400 acre tract, the westerly line of said 27.513 acre tract;
Thence South 02051'45" West, along the easterly line of said 2.400 acre tract, the
westerly line of said 27.513 acre tract, a distance of60.00 feet to said True Place of Beginning
and containing 0.041 acre (1,800 square feet).
For the purpose ofthis description, a bearing of North 02051' 45" East was used on the
easterly line of a 2.400 acre tract ofland owned by Diane Tilton-Mauer, of record in Official
Record Volume 19132 C-02, on file in the Office of the Recorder, Franklin County, Ohio.
Said bearing being determined by GPS observations, and based on the North American Datum
of 1983, from monumentation and data as provided by the National Geodetic Survey.
EXHIBIT C
i\'''''A,ll
v l: :";'1Alt FROIBI.ARK lU NEH F~X:61~e688118 2
nilE 3 43pJt III
. ... l\WlIDEt fWlllUN ro., lmlO
. 2 ! 5' I 'J. 9 ~ h
.
JAN 6 1S93
ltiP-OJ''''wq.x UIl.WJ!Wl' ftll'JlUO l!. MOW IWXlIlOCI
.aECllti1Ers fIE J!I. ,~
Agre~nt ~t.ve.en the City of DUblinil.nd It'a Ra an
DiaM Tl1t.on-J<<&uer. a03.3~'?
WHEJUtAS, Irll Kauer and Diam TUt.on~Jlauer 'hereinafter
"llro~ll.'tf owners") have reqtJ..ted that the c1\:y of Dublin
(berelnatte&:' "DUblin") blSue II building p.rllli.t. Cor: the.i.r; prop4lrty
~r. f\llly deecrin.d as tract :3 on Exhibit A a;ttached herein and
incorporatad hereto .. if fully revrit~enl 4nd
WHE.REAS,oubUn's sUbdivision ret}tlliltiQl1s require that
typical 8uu'\Qard ,public st.reet ilnprOvellle.nt$ be cOlllpleted il'\
conjunction with the i$fiUanCe of a building parllit; and
WHBREAS, Oy.blin does .not currently have a need for the
atorellf!ntdoned illIprovelllent:S lo'hioh inClude the construction of
pUblic stretits, fOidf!VI111t$, street trees, awnll 5I:WOr$, et;c;t. i ...n~
WHEltEAS, Dublin doe.s not vh.h to delay the property
owners aevelQPllcmt ot their ait.; ;snit
WHERE.AS, the pro)lQrty owners have aqreed to a voluntary
asseSlIllllllPt for the aforelllentioned tv~iaal/9tandarQ public
improvements at such time t.lolllt. Dubl in d.etet1llines the n4:ced to
COnnect the subject property with the adjoining parcels to the
east.
NOW THEREFORE, i.n eonsidenti<m of Dubl i:l is!ilJing 011
building pti"IIIit IlIt this t;illle, Ira Mauer 1:11\6 Diane Tilton-Mauor and
their heirs .no ..signe hereby agree as follows:
1. At auell tilM ~hl\t DUblin det.cOline,. that a future
l1AMSFEP.!ED
liHI/llM/J8'146. t NOT tCECt$SA~r
3~Sl)S. 61 ~~'
l"\$l'tc'ltl.,U-;; 't/..X
,..-...-.,...... .,..
~ EXD~f.~ JAN 05 1993
.JOSEPH W. TESTA
~jCSr. f"i" yt 1il.::-7" A Almllf:il
a!ix;~" ~'i{;.'t?:y ~.:.!!:!:fl.. fflAri6iJli ClJ'J/llY. OHIO
o1/()ftnOOll 11 <HA
Department of Service
6555 Shier Rings Road. Dublin, OH 43016-8716
Phone: 614-410-4750 · Fax: 614-923-5529
CITY OF DUBLIN
Memo
TO: Members of the Dublin City Council
FROM: Jane S. Brautigam, City Manager '-.3o..vv- s. ~
DATE: January 14,2004
INITIATED BY: Dana L. McDaniel, Deputy City ManagerIDirector of Service
RE: New Par Non-disturbance Agreement, Resolution 03-04
Back2round
New Par, representing Verizon Wireless, has filed an application to place a wireless structure
within the City. Chapter 99 of the Codified Ordinances of the City of Dublin provides specific
guidance regarding the placement of these structures. Chapter 99 primarily emphasizes that
wireless structures be placed on/in existing structures (i.e., buildings, water towers, steeples, etc.)
as a means to minimize the visual impacts of such structures. This "stealth" technique has served
Dublin well.
New ParNerizon Wireless is proposing to place a wireless structure within an existing
transmission line tower structure. The location of the proposed structure is attached as Exhibit A.
Exhibit B provides a picture of what the structure will look like when placed/co-located with a
transmission line tower. Due to the use of the "stealth" technique, staff can administratively
approve the application. However, access to and the placement of ground equipment involves an
existing City-owned easement (see Exhibit C).
The City Manager will need to execute a Non-Disturbance Agreement to allow New ParNerizon
Wireless to access the site and locate ground equipment on the City-owned easement.
Recommendation
Because the City must balance the service needs of the public, legal requirements of the
Telecommunications Act of 1996, and the aesthetics of the community, staff recommends
Council pass Resolution 03-04. Please address any questions to Dana McDaniel at 410-4751.
JBIDLM/tb
Attachments
T:lword\DANA\MEMOSICOUNOL\Verizon non disturbance Oll404.doc
Exhibit A
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Exhibit B
Proposed
Wireless
structure
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transmission line
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