38-04 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 38-04 Passed .20
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A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE EASEMENTS WITH COLUMBIA GAS OF
OHIO, INC. FOR A 20-FOOT WIDE EASEMENT
ALONG BRAND ROAD, IN THE PARKLAND
OF WESTBURY 3-1, FOR SYSTEM IMPROVEMENTS.
WHEREAS, the City of Dublin has received a request from Columbia Gas of Ohio,
Inc. for two easements; and
WHEREAS, the easements are for betterment of the natural gas system to provide
improved gas service to this portion of Dublin; and
WHEREAS, The location is a 20- ft. wide easement, which extends west, parallel and
adjacent to the Brand Road right-of-way beginning at Westbury Drive along the south
side of Brand Road in parkland owned by the City of Dublin; and
WHEREAS, the Parcels numbered 273-010145-00 and 39-0029004.045, where the
easements will be located, are City-owned property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, (/ of the elected members concurring:
Section 1. The City Manager is hereby authorized to execute an agreement with
Columbia Gas of Ohio, Inc. (COR) for an easement. The easement is located on the
south side of Brand Road, west of Westbury Drive.
Section 2. This resolution shall take effect and be in force from and after the
earliest date permitted by law.
Passed this J.{--fi, day of UL'70 b e~ 2004.
uL
Mayor - Presiding Officer
Attest:
~~.~
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 · Fax: 614-410-4490
Memo
To: Members of City Council
From: Jane S. Brautigam, City Manag~~' 0~-.....) ~
Date: September 28, 2004 Q~ '
Initiated By: Paul A. Hammersmith, P.E. - Director of Engineer/City Engineer }jCL\;"....o'
Kristin K. Yorko, P.E. - Civil Engineer ~
Re: Resolution No. 38-04 Authorizing the City anager to Execute an Easement
with Columbia Gas Of Ohio, Inc. for a 20-foot wide Easement along Brand
Road, in the Parkland of Westbury 3-1, for System Improvements
Summary
The Division of Engineering has received a request from Columbia Gas of Ohio, Inc.
(COR) for an easement necessary to upgrade their facilities. These easements (one in
Franklin County and the other in Union County) are for betterment of the natural gas
system to provide improved gas service to this portion of Dublin. The (COR)
underground facilities are to be located within a 20- ft. wide easement which extends west,
parallel and adjacent to the Brand Road right-of-way beginning at Westbury Drive, along
the south side of Brand Road in parkland owned the City of Dublin but maintained by the
Westbury homeowners association. The homeowners association does not currently
exist.
There is no negative impact to the reserve in this area and the Division of Grounds
and Facilities has no objections to the granting of these easements. COR will
completely restore the area to its original condition, or better, once the installation of
their facilities is complete.
Recommendation
Staffrecornrnends approval of Resolution 38-04 authorizing the City Manager to
execute the easements with COR that are necessary to upgrade their facilities and
provide improved gas service to this portion of Dublin.
EASEMENT
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid, receipt of which is hereby acknowledged, City of Dublin, an
Ohio municipal corporation (hereinafter called the Grantor), does hereby grant to Columbia Gas
of Ohio, Inc., with principal offices at 200 Civic Center Drive, P.O. Box 117, Columbus, Ohio
43216-0117, (hereinafter called the Company), its successors and assigns, the non-exclusive
right to lay underground pipeline together with service connections, under and through the
premises hereinafter described, and to operate and maintain, repair, replace, or change the size of
its pipes without interruption to service and remove same, together with valves and other
necessary appurtenances on lands situated in the City of Dublin, Franklin County, State of Ohio,
and more particularly described as follows:
Recorded in: Instrument No. 200002160032143
Permanent Parcel No.: 273-010145-00
Property Address: 6509 Brand Road
Being: Reserve "COO of WESTBURY, SECTION 3, PHASE 1, as the same is numbered
and delineated upon the recorded plat thereof, of record in Plat Book 91, Page 91, Recorder's
Office, Franklin County, Ohio.
The pipeline laid pursuant to the terms and conditions of this agreement are to be located
within the limits of a twenty (20) foot easement, as shown on Exhibit "A" attached hereto and
made a part hereof.
With the reasonable right of ingress and egress to and from the same, the Grantor may
fully use and enjoy the said premises, except for the purposes hereinbefore granted to the said
Company and will not in any way materially impair the ability of the Company to operate,
maintain, repair, replace or remove any such facility.
Subject to the Existing Easements (as such term is hereinafter defined), Grantor shall not,
without the prior written consent of the Company (which consent shall not be umeasonably
withheld), construct or permit to be constructed any house, structure, or obstruction on or over
said easement area that with materially interfere with the construction, maintenance, operation,
replacement or repair of the pipelines or appurtenances constructed hereunder.
:H0458612, I }
The Company acknowledges that the easement granted to the Company herein is subject
to the terms, conditions and restrictions of any existing easements on the property as of the date
hereof, including, but not limited to, those certain easements set forth in Plat Book 91, Page 91,
Recorder's Office, Franklin County, Ohio, ("Existing Easements") and that the Company's use,
maintenance, operation, repair, replacement or change in the size of its pipelines shall not
interfere with the rights granted to the holders of the Existing Easements. The Company shall
coordinate any installation, construction, maintenance, repaIr, replacement, enlargement,
removal, change in size of its pipelines and any other matters in connection with the use of the
easement with the holders of the Existing Easements and comply with any requirements imposed
by the holders of the Existing Easements in connection therewith. The Company shall be
responsible for any and all costs incurred by Grantor and the holders of the Existing Easements
incurred as a result of the Company's exercise of its rights hereunder.
All pipes shall be buried so as not to interfere with the present use of the land and any
Existing Easements.
The Company shall, at its sole cost and expense, replace and restore the area disturbed by
the laying, construction, operation, repair, maintenance, and change in size of said pipelines to as
near as practical to its original condition.
The Company shall indemnify Grantor and save it harmless from and against all loss,
liability, damage, actions, causes of action, or claims for injury, death, loss or damage of
whatever nature to any person, property or business interest caused by or resulting from an act or
omission of the Company or the respective agents or employees thereof in respect of the matters
set forth in this Easement, and from and against any and all costs, expenses or liabilities
(including reasonable fees of attorneys, paralegals, experts, court reporters and others) incurred
by Grantor in connection with any claim, action or proceeding in respect of any such loss,
liability, damage or claim. The Company shall maintain adequate insurance coverage insuring
its obligations hereunder.
The rights, privileges and terms hereby shall extend to and be binding upon the Grantor
and the Company and their respective representatives, heirs, successors and assigns.
IT WITNESS WHEREOF, the Grantor and Company hereto has hereunto set its hands
this day of ,20
GRANTOR:
CITY OF DUBLIN,
an Ohio municipal corporation
By:
Its:
:H0458612 I I
COMPANY:
COLUMBIA GAS OF OHIO, INC.
By:
Its:
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the day of , 2004, before
me, the subscribed, a Notary Public in and for said County, personally came the above named
City of Dublin, an Ohio municipal corporation, by , its
, Grantor, in the foregoing Easement, and acknowledged the signing of the
same to be his/her voluntary act and deed and the voluntary act and deed of said corporation, for
the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereto subscribed my name and affixed my official
seal, on the day and year last aforesaid.
Notary Public
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the day of , 2004, before
me, the subscribed, a Notary Public in and for said County, personally came the above named
Columbia Gas of Ohio, Inc., by , its ,
Company, in the foregoing Easement, and acknowledged the signing of the same to be his/her
voluntary act and deed and the voluntary act and deed of said corporation, for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereto subscribed my name and affixed my official
seal, on the day and year last aforesaid.
Notary Public
This Instrument Prepared By.
SCHOTTENSTEIN, ZOX & DUNN
250 West Street
Columbus. Ohio 43215
p-to4586 \ 2 1 l
EXHIBIT 'A'
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UBLlN, OHIO REVISION
CITY OF O~021600J214J FISHEL ORg~~!0003
INST. #2 #273-010145 ",",,,, '" JOB ORDg:_0132786
PARCEL BIA GAS OF OHIO 6~ The Property.
e of COLUM ccurote Survey WORK ORDER
For The LimiteJedusTo Repres~~~tL COMPANY
. . Drown N t Inten B THE
This EX~it~c~tion An~. Is Ex~ibit Prepored y LOCATiON DUBLIN
Eosemen T IS
OHIO INC.
GAS OF . FRANKLIN
COMPAN' COLUMBIA EASEMENT ON THE
PIPELINES OHIO
PROJECT N-EXCLUSIVE ~~~[RTY OF DRAWING NO.
20' NO P OF DUBUN EXHIBIT A
CfTY
ENGINEER PAGE 1 OF 1
CGO
TECHNICIAN
KHAN K
EASEMENT
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid, receipt of which is hereby acknowledged, City of Dublin, an
Ohio municipal corporation (hereinafter called the Grantor), does hereby grant to Columbia Gas
of Ohio, Inc., with principal offices at 200 Civic Center Drive, P.O. Box 117, Columbus, Ohio
43216-0117, (hereinafter called the Company), its successors and assigns, the non-exclusive
right to lay underground pipeline together with service connections, under and through the
premises hereinafter described, and to operate and maintain, repair, replace, or change the size of
its pipes without interruption to service and remove same, together with valves and other
necessary appurtenances on lands situated in the City of Dublin, Union County, State of Ohio,
and more particularly described as follows:
Recorded in: Official Record 270, Page 677
Permanent Parcel No.: 39-0029004.045
Map Number: 147-01-02-010.000
Property Address: 0 Wisteria Circle
Being: Reserve "COO of WESTBURY, SECTION 3, PHASE 1, as the same is numbered
and delineated upon the recorded plat thereof, of record in Plat Cabinet 4, Slides 325 and 326,
Recorder's Office, Union County, Ohio.
The pipeline laid pursuant to the terms and conditions of this agreement are to be located
within the limits of a twenty (20) foot easement, as shown on Exhibit "A" attached hereto and
made a part hereof.
With the reasonable right of ingress and egress to and from the same, the Grantor may
fully use and enjoy the said premises, except for the purposes hereinbefore granted to the said
Company and will not in any way materially impair the ability of the Company to operate,
maintain, repair, replace or remove any such facility.
Subject to the Existing Easements (as such term is hereinafter defined), Grantor shall not,
without the prior written consent of the Company (which consent shall not be unreasonably
withheld), construct or permit to be constructed any house, structure, or obstruction on or over
said easement area that with materially interfere with the construction, maintenance, operation,
replacement or repair of the pipelines or appurtenances constructed hereunder.
{H045785J 1 1
The Company acknowledges that the easement granted to the Company herein is subject
to the terms, conditions and restrictions of any existing easements on the property as of the date
hereof, including, but not limited to, those certain easements set forth in Plat Cabinet 4, Slides
325 and 326, Recorder's Office, Union County, Ohio, ("Existing Easements") and that the
Company's use, maintenance, operation, repair, replacement or change in the size of its pipelines
shall not interfere with the rights granted to the holders of the Existing Easements. The Company
shall coordinate any installation, construction, maintenance, repair, replacement, enlargement,
removal, change in size of its pipelines and any other matters in connection with the use of the
easement with the holders of the Existing Easements and comply with any requirements imposed
by the holders of the Existing Easements in connection therewith. The Company shall be
responsible for any and all costs incurred by Grantor and the holders of the Existing Easements
incurred as a result of the Company's exercise of its rights hereunder.
All pipes shall be buried so as not to interfere with the present use of the land and any
Existing Easements.
The Company shall, at its sole cost and expense, replace and restore the area disturbed by
the laying, construction, operation, repair, maintenance, and change in size of said pipelines to as
near as practical to its original condition.
The Company shall indemnify Grantor and save it harmless from and against all loss,
liability, damage, actions, causes of action, or claims for injury, death, loss or damage of
whatever nature to any person, property or business interest caused by or resulting from an act or
omission of the Company or the respective agents or employees thereof in respect of the matters
set forth in this Easement, and from and against any and all costs, expenses or liabilities
(including reasonable fees of attorneys, paralegals, experts, court reporters and others) incurred
by Grantor in connection with any claim, action or proceeding in respect of any such loss,
liability, damage or claim. The Company shall maintain adequate insurance coverage insuring
its obligations hereunder.
The rights, privileges and terms hereby shall extend to and be binding upon the Grantor
and the Company and their respective representatives, heirs, successors and assigns.
IT WITNESS WHEREOF, the Grantor and Company hereto has hereunto set its hands
this day of ,20
GRANTOR:
CITY OF DUBLIN,
an Ohio municipal corporation
By:
Its:
{H04578531 I
COMPANY:
COLUMBIA GAS OF OHIO, INC.
By:
Its:
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the day of , 2004, before
me, the subscribed, a Notary Public in and for said County, personally came the above named
City of Dublin, an Ohio municipal corporation, by , its
, Grantor, in the foregoing Easement, and acknowledged the signing of the
same to be his/her voluntary act and deed and the voluntary act and deed of said corporation, for
the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereto subscribed my name and affixed my official
seal, on the day and year last aforesaid.
Notary Public
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BE IT REMEMBERED, that on the day of , 2004, before
me, the subscribed, a Notary Public in and for said County, personally came the above named
Columbia Gas of Ohio, Inc., by , its ,
Company, in the foregoing Easement, and acknowledged the signing of the same to be his/her
voluntary act and deed and the voluntary act and deed of said corporation, for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereto subscribed my name and affixed my official
seal, on the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
SCHOTTENSTEfN, ZOX & DUNN
250 West Street
Columbus. Ohio 432/5
I H0457853I I
EXHIBIT I A'
NORTH
APHIC SC~ ""
100 :"R ~
~ - - 100 ft.
1 inch - )
( IN FEET
SITE VICINITY W.P Pm 'ft: Gas
ColU~~ Ohio
A NiSDutto C<impony
N OHIO
CITY OF DUB#; '677
O.R. 270, 0029004.045 E
PARCEL ~S:CTION 3, PHAS
WESTBURYRESERVE 'f &' 326
SLIDE 32
PC. 4,
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N OHIO REVISION
OF DUBLI , FISHEL ORg~~:OO03
CITY 70 PG. 677 5
O.R. 2 · 0029004.04 ,,,"om, ", JOB ORDg~_01327B6
PARCEL #39- GAS OF OHIO b~ The Property.
. e of COLUMB~ccurote SUlYey WORK ORDER
The Limded dusTO Represen~EL COMPANY
. Drown For Intende THE FIS
This Ex~i~~c~tion And. Is E~~j~jt Prepored By DUBLIN
Easemen ThIS
OF OHIO, INC. UNION
COLUMBIA GAS EMENT ON THE
S PIPELINES EAS OHIO
PROJECT, ON-EXCLUSIVE %~PERTY OF DRAWING NO.
20 N P OF DUBUN EXHIBIT A
CITY