40-03 Resolution
RECORD OF RESOLUTIONS
D_ayton Leg_~:_~_I~n~:_I~_~:_, .Form No. 30045
Resolution No. 40-03 Passed .20_
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN EASEMENT WITH AMERICAN
ELECTRIC POWER FOR THE DEVELOPMENT
OF THE POST PRESERVE RESIDENTIAL SUBDIVISION
WHEREAS, the City of Dublin has received a request from American Electric Power
(AEP) for an easement; and
WHEREAS, the easement is for electrical service infrastructure and is necessary to
support the development of the Post Preserve subdivision; and
WHEREAS, the location is on the east side of Post Preserve Boulevard and north of
Post Road; and
WHEREAS, the 0.564-acre City owned property on which the easement will be located
was acquired by the City in July 2001 via Resolution 77-01,
NOW, THERE&RE, 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 to be located on the east side of Post
Preserve Boulevard and north of Post Road.
Section 2, This Resolution shall take effect immediately upon passage, in
accordance with Section 4.04(a) of the Revised Charter.
Passed this &-fh day of Ort--(O h -e~ ,2003.
~ ~
Mayor - Presiding Officer
Attest:
~ (I-~
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
5200 Emerald Parkway. Dublin, OH 43017
CITY OF DUBLIN~ Phone: 614-410-4400 · Pax: 614-410-4490
Memo
To: Members of City Council
Prom: Jane S. Brautigam, City Manager \T~5. .~~. ~
Date: October 1, 2003 ~!
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer ;to.....t-
Barbara A. Cox, P.E., Assistant Director of Engineering - Developmen~'I'-
Re: Resolution 40-03 Authorizing the City Manager to execute an easement with AEP for
the development the Post Preserve residential community
Summary:
In July 2001, the City of Dublin worked in close cooperation with Dominion Homes, the original
developer of the Post Preserve subdivision, to acquire a 0.564 acre piece of property from Mr. Warren
Gorden. This acquisition allowed the entrance to Post Preserve to be appropriately located along the
realignment of Post Road to coordinate with adjacent roadway improvements associated with the
furture improvements to the US 33/SR 16l/Post Road interchange. This parcel (number
1470000011613) is located on the north side of Post Road, east of Hyland-Croy Road and is in Union
County.
The development of the first section of Post Preserve (now owned by MIl Schottenstein Homes) has
been progressing and presently installation of the public underground infrastructure is complete and
the streets are being constructed. Recently, the Division of Engineering was contacted by the right-of-
way department of American Electric Power (AEP). The utility wishes to follow their typical
alignment for their infrastructure. In order to do this, they need a 10-foot easement from the City to
install their infrastructure from Post Road into the subdivision along Post Preserve Boulevard.
Please find attached a copy of the written request for the easement from AEP as well as the easement
documentation. The documentation has been reviewed by Legal Department staff and is consistent
with past easements upon City-owned property typically granted to AEP.
Recommendation:
Staff recommends approval of Resolution 40-03 authorizing the City Manager to execute an easement
with AEP for the development the Post Preserve residential community.
:::
AMERICAN' American Electric Power
ELECTRIC 850 Tech Cenler Drive
POWER Gahanna, OH 432306605
~...r!/Vw.a8p.com
RECEIVED
City of Dublin, Ohio
Attn: Barb COX SEP - 5 2003
5800 Shier-Rings Road
Dublin,OH 43016 CITY OF DUBLIN
September 4, 2003
RE: Electric Easement To Serve Post Preserve Section I Subdivision, Union County
Dear Ms. Cox,
Per our telephone conversation, I am forwarding this document to your attention. American
Electric Power/Columbus Southern Power Company is required to obtain an easement for
electric service for the above captioned property.
Please find the enclosed easement to be signed by the appropriate authorized individual(s)
and notarized on the second page,
If you should have any questions concerning this matter, please call me at the number below.
Thank you for your assistance in this matter.
Sincerely,
~6.~
Right of Way Agent
614-883-6864
Enclosures
Eas.
a: AMERICAN'
ELEaRIC
POWER Easement & Right of Way
.4EI':.Amerial:" EtWI'}{r Partner"
City of Dublin, an Ohio municipal corporation, "Grantor(s)"' in consideration of $1.00, the easement tenns, and other good and valuahle
consideration from Columbus Southern Power Company, an Ohio corporation, 700 Morrison Dr., Gahanna, OH 43230-6605, "Grantee", the receipt
~t~iency~hic.h is~n~e~~'g?it and conveys with general warranty covenants to Grantee, a right of way and easement "Easement"~
I/. t ,,~t ~. , ~ I urposes for current/future uses, ~ underground, in, ~, through and across the
following descrihed lands situated in city of Dublin, Union County, Ohio, and being part of Section No. _, Township No. _, Range No. _,
Survey _, containing 0.564 acres more or less, as found in ORY 307 Page 88, dated 8-23-2001, of the Union County Recorder's Office:
Said lines shall be constructed within the limits of a ten (10) foot wide strip of land, the centerline being the electric cable as installed
beneath the surface of the ground. The approximate location of which is shown on the attached drawing marked Exhibit "A", 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, ~ ~
supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipl !!ifl. . ~
may deem appropriate, adding thereto from time to time; perfonn 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 arc dead, diseased, weak, or leaning), ~, 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, pennit or cause any excavation deeper than eighteen (18) inches, except fix
other utilities, provided such utilities rights do not contliet 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.
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 conduct construction/maintenance activities on its property consistent with
all applicable safety rules and regulations for working near electric lines. Safety/requircd 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 tenn 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 ,2003.
I
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Signed: () "-\. City of Dublin, an Ohio municipal corporation
By:
y '- / Print Name
f.,
"- Title:
.-
Print Name:
Print Name:
CALL BEFORE YOU DIG!!!
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STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of , 200 -
by
Notary Public
Commission Expires
ST A TE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of , 200
by
Notary Public
Commission Expires
STA TE OF OHIO, COUNTY OF ss:
The f(xegoing instrument was acknowledged before me this day of , 200
by
[Namc], [Title of ofticer ], of
[Corporation Name], a [State of incorporation] corporation, on bchalf of thc corporation.
Notary Public
Commission Expires
ST A TE OF OHIO, COUNTY OF ss:
The foregoing instrumcnt was acknowledged before me this day of ,200 -
by
[Namc of partncr or agcnt], [Title of partncr or agent], on behalf of
[Name of principal].
Notary Public
Commission Expircs
ST A TE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of ,200 -'
by
[Namc of attorney in fact], on behalf of [Namc of principal].
Notary Public
Commission Expires
For use by Recordcr's Oftice and Auditor's Oftice.
Eas. No. Address: To Serve: Post Preserve Section 1
Dwg. No. 0-1166-113075
W.O. No. W00065060 I SEJ
Easement prepared by Columbus Southern Power Company
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EXHIBIT "A"
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POOT PRESERVE SEcrICfi 1
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