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23-96 Resolution RECORD OF RESOLUTIONS .. Dayton Legal Blank Co., Form No. 30045 I' ,I II II -----l~ H.eso/ution No. 2396 Passed u19 t~- I A RESOLUTION AUTHORIZING THE CITY MANAGER ii 'I TO CONVEY AN EASEMENT AND RIGHT-OF-WAY TO THE I Ii 'I AMERICAN ELECTRIC POWER COMPANY, WHICH WILL UPGRADE I I, II SERVICE ALONG PAUL G. BLAZER MEMORIAL PARKWAY I Ii I il FROM RINGS ROAD TO THE RINGS ROAD WATER TANK, I I' I I ., I I' AND DECLARING AN EMERGENCY , " , I: II , I, WHEREAS, the City of Dublin has been asked to dedicate an easement to American Electric I I, Power Company, the details of which are more fully set forth in the attached document; and 'I " " I II WHEREAS, the City Engineer of the City of Dublin has determined that the Easement and :[ ,. Right-of-Way instrument prepared by American Electric Power Company is satisfactory; and !f il I II WHEREAS, the Easement will upgrade the existing power service to major commercial users jl in Dublin; and II 'I I! 'I I WHEREAS, the power company will minimize any potential impact to existing landscaping II I, and replace to the City's satisfaction any landscaping damaged during installation. Ii :i " II NO'l' THEREFORE, BE IT RESOLVED by Council of the City of Dublin, State of Ohio, ,I ii II ..I of the elected members concurring that: Ii II Section 1. The City Manager be and hereby is authorized to execute on behalf of the City of ,. il Dublin the deed of easement attached hereto as Exhibit A and incorporated herein by II reference to the American Electric Power Company to service Paul G, Blazer Memorial II II Parkway from Rings Road to the Rings Road Water Tank, all as more fully described in the II said easement attached hereto, il !i Ii Section 2. That this Resolution shall take effect and be in force from and after the earliest " !I I, period allowed by law. II II Section 3. That the City Engineer be, and hereby is directed to have the Easement and Right- II !I II of- Way instrument recorded at the Franklin County Recorders office, II Section 4. That this Resolution be, and the same hereby is, declared to be an emergency II ,I measure for the preservation of the public peace, health or welfare of the residents of the II !I City, and to properly serve the major commercial office developments which will be I' , completed this summer, and, therefore, this Resolution shall take effect and be in force I I immediately upon its passage, , I I I I I ,I II ' 1996. I: d in \,\11' c (> no<,\il I ',.,l', 'JI ",\ ~, . t\ toue, I . I\l..eso\\l\t I..', Re'l1<,e I ~. {'"'' I).. ,to I , \ \"is '13'.1) (h \..~ I o~\es 0 S r\' 01\ _.'~" \nn\ t 'r> ",,17 e. h,! f'f< ~ ,SUfi;" \ \1','!l .'1\ U(\.o - \ \)Il'o\i\\ \ c:\ "I Q ATTEST: &. lo\i\\ 0"\0 .\ \)11 . , \ tOlll\tI , ~ CL ~ t'~\{() Clerk of Council Sponsor: City Engineer a: ~8U5 ZC OHIO Eas. -'-- SOUfHfllN POWER POWER .... . Easement & Right of Way ,"Grantor(s)" in consideration of $1.00, the easement terms, and other good and valuable consideration from American Electric Power Company, an Ohio corporation, 215 N. Front St., Columbus, OH 43215, "Grantee", the receipt and sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee, a right of way and easement "Easement", for electric, other energy or communication purposes for current/future uses, overhead and underground, in, on, over, through and across the following described lands situated in Washington Township Franklin County, Ohio, and being part of Section No(s). Township No(s). and Range No(s). Survey VMS 4852 aka VMS 2419 , in Deed/Official Record Volume(s) ORV 18639H07 Pagels) of the Franklin County Recorder's Office: Said lines shall be constructed within the limits of a certain strip of land as shown by shaded area on the attached print and made a part hereof. The 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, with poles, anchors, guys, supporting structures, conductors, conduits, service pedestals, grounding systems, foundations, manholes, devices and associated equipment as it may deem appropriate, adding thereto from time to time; perform grading or filling for StJch 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 are dead, diseased, weak, or leaning), buildings, 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, permit or cause any excavation deeper than eighteen (18) inches, except for other utilities, provided such utilities rights do not conflict 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/required clearance issues may be referred to Grantee's Engineer- ing 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 I)y 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 term 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 ,199 . "., <" Signed and Acknowledged in the Presence of: CITY Of1'~IN ,"':j3HIO by: t' ,\, . 'It;. '.: '.\ . ~..I~~.:L:/ ~\ ...'";~ Print Name: Print I~ame: tr,tJ""'" title: Print Name: :P1iM~: ~,._- - - -- -- Print Name Print Name: .-- ~ -.----- Print Name: Print Name: CALL BEFORE YOU DIG '" 9502.91S(R.I'1"IIAE ~ MEMORANDUM To: Terry Foegler, Director of Development From: City Engineer Initiated By: Ken Richardson Date: May 30, 1996 Subj ect: Easement request to upgrade power service along a portion of Paul G. Blazer Memorial Parkway Attached, please find a copy of the Easement and Right-of-Way request from American Electric Power Company for the purpose of upgrading electrical service along Paul G. Blazer Memorial 1.'arkway from Rings Road to the Rings Road Water Tank. The majority of the easement is 10 feet in width. The power company will replace to the city's satisfaction any landscaping damaged during the installation of the conduit. The power company needs to perform this installation as soon as possible to serve the major commercial office developments coming on line this summer. The Engineering staff and other city staff have reviewed this request and find it satisfactory. I recommend approval of this request by City Council on an emergency basis. Sincerely, ~~f~ Ib' , ~ Ba lr S. Klndra, P.E. 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