28-95 Resolution
, RECORD OF RESOLUTIONS
Dayton legal Blank Co" Form No, 30045
28-95
Resolution No. Passed 19u
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO CONVEY A RIGHT-OF-WAY EASEMENT TO THE
COLUMBUS SOUTHERN POWER COMPANY, WHICH WILL PROVIDE
SERVICE TO THE DUBLIN RECREATION CENTER,
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin has been asked to dedicate an easement to Columbus
Southern Power Company, the details of which are more fully set forth in the attached
document; and,
t
WHEREAS, the City Engineer of the City of Dublin has determined that the Easement
instrument prepared by Columbus Southern Power Company is satisfactory; and,
WHEREAS, it is essential to provide power to the Dublin Recreation Center to insure
the safety, health and welfare and to protect the City's existing investment in this facility,
and to facilitate continued construction during inclement weather.
NOW, THEREFORE, BE IT RESOLVED by Council of the City of Dublin, State of
Ohio, r; of the elected members concurring that:
Section 1. The City Manager be and hereby is 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 Columbus Southern Power Company to service the Dublin Recreation
Center, all as more fully described in the said easement attached hereto,
Section 2. That this Resolution shall take effect and be in force from and after the earliest
period allowed by law.
Section 3.That the City Engineer be, and hereby is, directed to have the Right-of-Way
and Easement instrument recorded at the Franklin County Recorders office.
Section 4. That this ordinance be, and the same hereby is, declared to be an emergency
measure for the preservation of public peace, health and welfare of the residents of this
City, to protect the City's existing investment in the Community Recreation Center, to
allow contractor to continue construction through inclement winter weather, and
therefore, this Ordinance shall take effect and be in force immediately upon its passage.
Passed this / uf'h day of 0 e..-t 0 bt!.-r , 1995,
".
ATTEST:
~{L~
Clerk of Council
Sponsor: City Engineer ' Il()rCl~)'I ceriify tr.at (Gllies of this-Gfd:nflrue,fReso!ution were posteu in lhf
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City of Dublin in accordance wall Section 731.25 of the O'1io Revised CO" e.
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Clerk of Council, Dublin, Ohlo
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MEMORANDUM
TO: Terry Foegler, Director of Development
FROM: City Engineer
DATE: October 3, 1995
SUBJECT: Easement Request to provide service to the Dublin Recreation Center
Attached, please fmd a copy of a right-of-way easement request from Columbus Southern Power
Company for the purpose of providing electrical service to the Dublin Recreation Center
The Engineering staff and others have reviewed this request and fmd it satisfactory. I
recommend approval of this request by City Council on an emergency basis.
Sincerely,
.
Balbir S. Kindra, P.
City Engineer
BSK:jc
Attachments
C:\WP51\DUBL7CSP.EAS
. I EXHIBIT A
QlCOWMBUS S OHIO Eas.
SOUIHIRN POWER
POWEll Easement & Right of Way
,"Grantor(s)" in
consideration of $1.00, the easement terms, and other good and valuable consideration from Columbus Southern 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 the City
of Dublin I Franklin County, Ohio, and being part of Section No(s).
Township No(s). and Range No(s). ,
Survey VMS 2542 I in Deed/Official Record Volume(s) ORV 25841E20
,
Page(s) of the Franklin County Recorder's Office: (Also Reference
ORV 25841E17, ORV 25841E18)
Said lines shall be constructed within the limits of ten (10) feet wide
strips of land, the approximate locations of the centerlines being as shown
on the attached drawing I 92412 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 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 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 g~ant 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 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_. r
"
.'
, Signed and Acknowledged in the Presence of: THE CITY OF DUBLIN, OHIO
ttU ~k by:
Print Name: Print Name:
'\( title:
Pi"int Name: l3tiIIicNamec
Print Name: l3tiIIicNamec
Print Name: ~i5l~:
- " fl'" /'"'' ' CALL BEFORE YOU DIG !!!
9502-915(R4-95)IAE
i
STATE OF OHIO, COUNTY OF . ss:
The foregoing instrument was acknowledged before me this day of ,199 ,
t7y
Notary Public
Commission Expires
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of ,199 ,
t7y
; ",' Notary Public
""'---- Commission Expires
f">
STATE OF OHIO, COUNTY OF . ss:
The foregoing instrument was acknowledged before me this day of ,199 , by
[Name], [Title of officer], of
[Corporation Name], a [State of incorporation] corp,oration, on behalf of the corporation.
Notary Public
Commission Expires
STATE OF OHIO, COUNTY OF ss:
The foregoing instrument was acknowledged before me this day of ,199 , by
[Name of partner or agent], [Title of partner or agent],
on behalf of [Partnership Name], a partnership.
Notary Public
Commission Expires
STATE OF OHIO, COUNTY OF . ss:
The foregoing instrument was acknowledged before me this day of I 199_, by
[Name of attorney in fact], on behalf of [Name of principal].
Notary Public
Commission Expires
For use by Recorder's Office and Auditor's Office.
Eas. No. Address 5600 Post Road
Dwg. No. 92412
W.O. No. 7-303001
Easement prepared by Columbus Southern Power Company