07-96 (AMENDED) Resolution
RECORD OF RESOLUTIONS
. .
Dayton legal Blank Co" Farm No, 30045
I' ~c
II
-t Resolution No. 07-96u(Amended) Passed J9. u..
\1
Ii A RESOLUTION AUTHORIZING THE CITY MANAGER I
'I TO CONVEY A RIGHT-OF-WAY AND EASEMENT TO THE I
1\ I
OHIO BELL TELEPHONE COMPANY WHICH WILL UPGRADE ,
I
I SERVICE TO THE SUMMITVIEW ROAD AREA, AND I
1
I
I DECLARING AN EMERGENCY \
I the city of Dublin has been asked to dedicate an
, WHEREAS, I
easement to The Ohio Bell Telephone company as generally
I identified on the attached exhibit; I
WHEREAS, the city Engineer and the Parks Director of the city
of Dublin have determined that the required Right-of-Way and
general easement location are satisfactory;
WHEREAS, the easement will upgrade the existing phone service
to residents in the Summitview Road area;
WHEREAS, adequate landscaping screening will be provided by
The Ohio Bell Telephone Company;
WHEREAS, it is essential to provide adequate telephone service
to ensure the safety, health and welfare of the public.
NOW, THEREFORE, BE IT RESOLVELtbY 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
on behalf of the city of Dublin the deed of easement attached
hereto as Exhibit A and incorporated herein by reference to
The Ohio Bell Telephone Company to service summi tview Road
area, all as more fully described in the said easement
attached hereto.
Section 2. The city Engineer is hereby directed to have the
Right-of-Way and Easement instrument recorded at the Franklin
County Recorder's office.
section 3. This resolution is declared to be an emergency
measure necessary for the preservation of public peace, health
and welfare of the residents of this city, and for the further
reason that new housing developments in the existing areas are
currently under construction and require this easement for the
provision of phone service, and therefore, this resolution
shall take effect and be in force immediately upon its
passage.
Passed this ~~ day of ~ 1996. I
~~
"I,' '~"D ostel', ':1 I,'"
, l <) ..t!'('t,\H,,.J\J\ ~J'V1'" P
" .' "'Ii'~'\ k:~,~' ",,,",,.v' " '" ' , d (oue.
\ I, ~~I \~" IMl C'J\les vI, , . 13\ 25 ot the OHIO Re1lISe
Mayor - Presiding Officer \ \ereoy ,"'" dance wHh $ecMn '
Uv bt Dubln\ In Qccor
ATTEST: ~c.~. Ou~\in. Ohio
I
~ C!--~
Clerk of Council
RECEIVED
Form 3780 (1-88) Easement .
FEB 0 1 1996
DIVISION ur ENGII~EERING
CITY OF DUBLIN
THE OHIO BELL TELEPHONE COMPANY
Easement
In consideration of One and no/lOa Dollars ($ 1.00 ) and other good and
valuable considerations, receipt whereof is hereby acknowledged, we
hereby grant unto THE OHIO BELL TELEPHONE COMPANY, its successors and
assigns, (hereinafter called the Company) a perpetual right of way and easement to in-
- stall, construct, reconstruct, operate, maintain, repair, supplement and remove, at any
time or times hereafter, its underground communication systems, together with all such
communication facilities, including conduits, manholes, cables, wires, fixtures and ap-
purtenances, as it may from time to time require or deem proper therefor, in, under, over
and upon a strip of land as shown on exhibit(s) across the property and/or along the
highway adjoining the property which
we own or in which we have an interest situated in the
rity of 011blin County of Fr::lnklin ,
State of Ohio, Known as being part of Lot 5 in Quarter Township 2,
Township 2, Range 19, United States Military Lands and being the
same property conveyed by deed to th~ CITY OF DUBLIN on January
6, 1987
Ottlclal KeCOl-d
and being the same premises of record inxmBludxflNNk 1 f> Sf> 1 Page A20 ,
of Franklin County Records.
Said underground communication system shall be constructed within the boun-
daries of a strip of land as shown and delineated upon the attached drawing
marked, "Exhibit A "and made a part hereof.
With each and every right given to the company by this easement, the com-
pany shall also have the perpetual right and easement to place above the strip
of land shown in Exhibit 'A' the following:
Above ground telephone equipment cabinets, together with
all necessary concrete work aprons, pads, fixtures,
closures, and appurtenances as may be required.
Said grant includes the right, at all times, of ingress to and egress from said strip, the right
to use the premises parallel to and adjoining the boundaries of said strip for the opera-
tion of apparatus, appliances and equipment for any of the purposes herein specified,
the right to clear said strip upon land of the undersigned, and the right to carry in said
underground communication systems the communication facilities the company deems
proper. The company shall promptly compensate the undersigned for all damage caused
by any of the operations which the company is hMein granted the right to perform. The
company at its expense. shall restore all disturbed areas to as reasonable a condition
as possible to the condition prior to any construction.
The company shall indemnify and save harmless the owners of said property from all
damages to said property and from all claims and causes of actions for personal injury
and damages asserted against grantor by reason of any negligence in the construction
of, and maintenance of said equipment upon said premises.
The undersigned may use the surface of said strip provided such use does not interfere
with the Company's use of said easement.
DRAWING FOR 15' X 40' EASEMENT WITH LlTESPAN 2000 AND 4200G CABINETS ON SUMMIT VIEW
NOT TO SCALE
~ PROPOSED 15' X 40' EASEMENT
POWEH WITH LITES PAN 2000 AND 4200G CABINETS
POLES WITH CONCRETE PAD APPROX.13' X 19'
RNV
SUMMIT VIEW RD TO SAWMILL RD >-
--.:::0-' ir 0;'; t
~ 0 :::==:==::: PROPOSED TREES RfW
0
------------r--A1- -,
; 0 I I? TO BE PLACED BY
HIGH VOI.TAGE I~ 10' CHAIN--...I." DUBLIN PAR.<S DEPT.
ELECTRICAL I L1NI< FENCE ~ 101 6~}~'
TOWm i .' L: _I
I I 0
I i~
I
I I 15'
I EXISTING r
I WA TER TOWER I
I I
I I
I I DUBLIN PARKS
I I DEPARTMENT LAND
I I
, I I
-- --- --- ---- --- -----
r- ..- - -- ---- -
Ir - Ie'"'" I P/L P/L
1-- -- I NOTES:
--___J
1. THE SUGGESTED LOCATION UNDER THE HIGH POWER LINES IS UNACCEPTABLE DUE TO
ELECTRICAL INTERFERENCE WITH THE SOPHISTICATED ELECTRONICS IN THE L1TESPAN 2000.
2. THE L1TESPAN 2000 IS MANUFACTURED ONLY IN BEIGE. THE CABINET CANNOT BE PAINTED
HIGH VOLTAGE ~ DUE TO THE FACT THAT ANY OTHER COLOR COULD INCREASE THE HEAT BUILT UP IN THE CABINET.
ELECTRICAL 3. THE PROPOSED TREE PLACEMENTS OF 10' ON CENTER AND IN lWO ROWS WERE
TOWER RECOMMENDED BY THE PARKS DEPT. THE TREEf' , .....)T INFRINGE UPON THE EASEMENT.
EXHIBIT" A ..
. . ,
To Easement Dated 19
FROM
CITY DF DUBL It.J
TO
THE OHIO BELL TELEPHONE COMPANY
. Being the property of tiT'{ Df 'VUBLlll A'J f1ECD~VEV J11 D.1t l~%; f&. AZD ON JAMUA~ Y ~I Iq81
11\\ FPlUJ~Ll~ tDUNTY OHID, S\1UA1Et7 1M "TIE ~TA IE OF OH)D I CbUNTY aF
r'h~N~ UM I CJ1Y D~ UV'OL1lJ.
\ ND EST VI/Vi) 800.10' TD
f/L"", t 5UM~n~IE\N flU. ~AWMILL P&-~
S 8'50 10' 11" E - -
..
a
,.,....
-R-JW -- - -
ffiDfD,EV V~LlN 5lVEWAlJl A"EA ;c,.
WllRlN E~~EMENT T C~UF\LH OFTHE 1'lE.DEEMER
b MO~A'J IAN tHUVt[,H
CITY OF VU5L1M rn
a.ft. 1&,5G>3 f{1, A LO
15' x30' O.Y>I CD, EA~EMElJT
~LL 1'.A~IMm AIlV E~VJI'!'ENT ~
TO ~El 0 N PI E~ 11 I ry'l 'LD' tHiEA
\.J.J
~
0 -1ao
........ Ln
~o
10
Cl
::z
T-l
R-19
Scale I" : "30' t
O~T 'ZIOZ"83
This Exhibit Is Drawn For T"e ltmtted Use Of Tne Ohto Bell Teleonone Comoanv To Icent'., DLA 59 BQ
The Easement LOcation Ana IS Not Intenced To i1eoresent An Accurate Survey Of Tne Prooen, TPM