07-93 ResolutionDayton Legal Blank Co_, ^orm No. 30045
Rcso(ution :,\'(7-93
RECORD OF RESOLUTIONS
Passed __ 19
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO CONVEY AN EASEMENT IN THE OPEN PARR SPACE
ALONG COSGRAY ROAD TO OHIO BELL TELEPHONE
COMPANY FOR INSTALLATION AND MAINTENANCE OF
UNDERGROUND COMMUNICATION SYSTEMS, AND
DECLARING AN EMERGENCY
NOW, THEREFORE, BE IT RESOLVED by Council of the City of
Dublin, State of Ohio,_ 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 Ohio Bell Telephone Company for the open park
space along Cosgray Road owned by the City for the purposes of
installation, construction, reconstruction, operation,
maintenance, repair, supplementation and removal of its
underground communication systems, all as more fully described
in the said easement attached hereto.
Section 2. This resolution be, and the same hereby is,
declared to be an emergency measure for the preservation of
the public peace, health, or welfare of the residents of this
City, and therefore this resolution shall take effect and be
in force immediately upon its passage.
Passed this day of , 1993.
Ma -
PreW!Officer
ATTEST:
Clerk of Council
1 hereby certify that copies of this OrdirramtAesolution were posted in the
City of Dublin in accordance with Section 731.25 of the Ohio Revised Code.
0
Clerk of Council, Dublin, Ohio
Form 3780 (1-88) Easement
THE OHIO BELL TELEPHONE COMPANY
Easement
FAbL 1 OF J
In consideration of ONE & NO/ 100 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 WLhave an interest situated in the
TOWNSHIP of WASHINGTON County of FRANKLIN ,
State of Ohio, Known as being
PART OF A TRACT OF LAND SITUATED IN PART OF VIRGI4IA MILITARY SURVEY N0. 6748, BEING
ALL OF LOT FIVE OF AN AMICABLE PARTITION MADE NOE THE HEIRS OF JOSEPH AMD JOHN
' 114!" 11 ' 1 11 • � � ' �'1'1' ti ' 1 'rail 1' 1 `M9 .'al 1
1 al► 1 1 1 'C ' 1 1 1 1 i•' lt1' • 1'' 1 ' 1 '` II 1 1 ►` 11'
BOARD OF TRUSTEES, DATED JK 6, 1989.
OFFIC:
and being the same premises of record in
of FRANKLIN County Records.
13527 Page E12 ,
13527 E15
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:
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 herein 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.
IN WITNESS WHEREOF,
day of
Signed and Acknowledged
in the Presence of:
x
WITNESS
PAGE 2 OF 3
have hereunto set
—.19—
x
9 .
x
GRANTOR
hands(s) this
x x
WITNESS GRANTOR TW CITY OF al16LUV, AN 01-QO
MUNICIPAL CORPOPATION
(This acknowledgement is to be executed if the Grantor is a corporation/partnership.)
STATE OF )
)SS
COUNTY OF )
Personally came before me this _
_ day of '19,
and
to me known to be the and
respectively, of the above named corporation/partnership, and by me duly sworn, did
severally depose and say that they executed the foregoing instrument for and on behalf
of said corporation as such officers, being duly authorized so to do, and further did several-
ly depose and say that they are such officers of said corporation and that the seal affix-
ed to said instrument is the seal of said corporation.
Notary Public in and for
County, Ohio
(This acknowledgement is to be executed if the Grantor is of singular or joint
tenants/tenants in common.)
STATE OF
)SS
COUNTY OF )
Before me, a Notary Public in and for said County, personally appeared
and
who acknowledged that did sign the foregoing
instruments and that the same is free act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name affixed my official
seal this day of '19—
Notary
19 .
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PAGE 3 OF 3
EXHIBIT " A of
DatedTo Easement
FROM
TFE C11Y OF MR -I1 U-110 1 1' ` 1/••1" 1
TO
THE OHIO BELL TELEPHONE COMPANY
11 / / 1 ` 1 1 1 1 1•' s/''1" 1 ` 1 `� 1 1 / � 11• :I "I /
' • � 11 ` 1 11 • � � `!' 1' 1' ti ` 1 : it 1' i `91.01 1
Iai1� 1' �I . •:�
ANTHE CITY OHIO MUMCIPAOL OF
DUBLIN,
CORPORATION
WASHINGTON TOWNSHIP BOARD OF TRUSTEES
OR 13527E 12
OR 13527E 15
12.944AC± _ ....��
SUBSIDIARY DF -VEL. CORP.
SHIER -RINGS RD•
f
aW
Prepared by AMERICAN- EASEMENT CORPORATION
D wn byR_ HK AEC #1 1503 Older No. 010286 SCALE NONE
This Exhibit Is Oret+vn For The Limited Use Of The Ohio Bell Telephone Company To Identify
The Easement Lobation And Is Not Intended To Represent An Accurate Survey Of The Property.
EXHIBIT "B"
THIS REQUEST HAS BEEN REVIEWED BY ALL AFFECTED DEPARTMENTS AND THE
PARKS DEPARTMENT HAS REQUESTED THE FOLLOWING TWO CONDITIONS:
1. REQUEST TO SIZE THIS LINE TO EASILY ACCOMMODATE FUTURE PHONES
(2-4 PAY AND PRIVATE), LOCATED IN THE PARK.
FLEXIBILITY OF MOVING THE LINE AT SOMETIME IN THE FUTURE, ALL
EXPENSES TO BE INCURRED BY THE PHONE COMPANY. THIS WILL NOT
AFFECT THE PLANNED PARK ACCESS, HOWEVER, THIS MAY AFFECT THE
PROPOSED EXTENSIONS OF SHIER -RINGS ROAD TO THE WEST.
MEMORANDUM
TO: Terry Foegler, Director of Development
FROM: Balbir S. Kindra, City Engineer
SUBJECT: Telephone Easement Request by Ohio Bell Telephone Co.
DATE: April 20, 1993
Attached please find a copy of the Resolution for approval by City
Council authorizing the City Manager to grant a five (5) foot wide
easement through City of Dublin property near Cosgray Road to
provide service to a property owned by Mark and Gale Kirman.
The easement documents were reviewed by all affected departments
and have been revised in accordance with the comments. It is my
understanding that the easement has already been approved by
Washington Township.
Sincerely,
&.A� s- kt--,)A_�7,
Balbir S. Kindra, P.E.
City Engineer
BSK:jc
Attachment
C:\WP51\D0CS\BALB1R\ESMNT.APP