51-08 OrdinanceRECORD OF ORDINANCES
Duyum Legal 61;mk.Inc. Forth No. i004i
51-08
Ordinance No. Pussc d
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN OPTION AGREEMENT WITH AMERICAN
ELECTRIC POWER CONVEYING CERTAIN PROPERTY
LOCATED IN THE TOWNSHIP OF WASHINGTON,
COUNTY OF FRANKLIN, STATE OF OHIO, TO BE USED
BY AMERICAL ELECTRIC POWER FOR THE
CONSTRUCTION AND OPERATION OF AN ELECTRICAL
SUBSTATION, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin ("City") recognizes that electricity creates a critical
infrastructure necessary to support residents' quality of life and to ensure the viability
of businesses operating within the City; and
WHEREAS, the City desires to facilitate the rapid expansion of a robust system of
electric service to the area in and around the Central Ohio Innovation Center; and
WHEREAS, a high quality, high capacity, abundant and reliable electrical system is
instrumental to the City's ability to attract the desired businesses in and around the
Central Ohio Innovation Center; and
WHEREAS, in support of this electrical system, the City desires to transfer a portion
of City-owned property, as described in Exhibit "A" and as depicted on Exhibit "B"
each of which is attached hereto, to American Electric Power ("AEP") to assist and
facilitate the rapid construction of the new Amlin Substation; and
WHEREAS, Council finds it is in the best interest of the City to execute the Option
Agreement, attached hereto as Exhibit "C", to transfer such property to AEP to assist
and facilitate the rapid construction of the new Amlin Substation.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. Council authorizes the City Manager to execute the Option Agreement
with AEP, attached hereto as Exhibit "C".
Section 2. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is the importance and necessity of the enhancement of electricity services for
the residents of City. Therefore, this ordinance shall go into immediate effect upon
passage.
Passed this ~ day of , 2008.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
crrY of rve~[N
Office of the C"ity Manager
5200 Emerald Parkway, Dublin, Ohio 43017
Phone: 614-410-4400
TO: Members of Dublin City Council
FROM: Jane S. Brautigam, City Manager
DATE: August 14, 2008
Memo
INITIATED BY: Dana L. McDaniel, Deputy City h-tanager/Director of Economic Development
RE: Ordinance 51-08, Agreement re Property for new AEP substation
Background
If approved, Ordinance 51-08 will authorize the City Manager to enter into an agreement with
American Electric Power (AEP} transfei7ing 3.680 acres to AEP for the purpose of locating a
new substation within the area designated as the Central Ohio Innovation Center (COIL}. As
Council may recall, staff has discussed with AEP the need to anticipate and provide high quality,
high capacity and redundant power to the COIL. Staff conveyed this need to AEP nearly two
years ago. AEP agrees that, gis~en the vision and potential of the COIL, they desire to construct a
new substation to serve the COIL. However, the timing for construction may not have been on
the City's desired time frame. From the City's perspective, early construction or even planned
construction will significantly add to the marketability of the C"OIC.
A year ago, AEP approached staff about possible sites, most of t~-•hich were on City-owned land.
AEP also «~as considering sites not o«~ned by the City and along SR 161!Post Road. Per previous
conversations with Council, it was determined that sites along SR 161/Post Road frontage were
not desired. Therefore, staff has been working with AEP to incent them to a more preferred site.
Council requested the following information at its August 4th meeting:
Closing Costs. The agreement as presented at the August 4th meeting included a provision
that the City and AEP would each pay 1/a of the closing costs. Closing costs include:
a. Transfer and conveyance fee. This does not apply to municipalities, so there will
be no charge.
b. Survey. A survey is necessary to split the property from the larger tract, which is
typically the seller's obligation. This cost is estimated to be less than $5,000,
based on comparable surveys recently paid for by the City. The survey would not
be ordered until AEP exercises its option.
c. Title closing fee. This is standard and nominal. The closing fee will likely be
under $200.
AEP has agreed to pick up all closing costs. This is reflected in the revised agreement
(Enclosure 1}.
Memo to Council re Ordinance ~1-08 AEP Substation
August 14, 2008
Page 2 of 4
2. Aerial view of the site. Enclosure 2 provides an aerial view of the site relative to the
surrounding area and a closer viet~~~ of the substation.
Recommendation
Staff recommends Council approve Ordinance 51-08 as a means to incent early construction of a
ne«-~ Amlin substation and to Vetter control twhere the substation twill Ue located. Staff also
recommends Council ~~~°aive the 30-day «=~aiting period and approve Ordinance ~1-08 as an
emergency.
Memo to Council re Ordinance 51-08 AEP Substation
August 14, 2008
Page 3 of 4
Enclosure 2
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~Ierno to Council re Ordinance ~1-OR AEP Substation
August 14, 2008
Page 4 of 4
Enclosure 2 (Cont'd}
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MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam, City Manager ~5b
Dana McDaniel, Deputy City Manager
FROM: Stephen J. Smith, Law Director
Lesley R. Avery
DATE: July 31, 2008
RE: Ordinance No. 51-08
Transfer of Property for the AEP Amlin Substation
PROJECT BACKGROUND:
The City of Dublin (the "City") currently owns approximately 100.004 acres, more or less, located
near the intersection of Houchard Road and Highway 161 in the Township of Washington, County
of Franklin, State of Ohio. This property is more commonly referred to as Franklin County
Auditor's Tax Parcel Number 275-000001 (the "Property"). The City desires to strengthen
electrical service in that area by transferring a portion of the Property to American Electric Power
("AEP") for the purpose of constructing an electrical substation thereon (the "Amlin Substation").
PROPOSED LEGISLATION:
The City and AEP desire to enter into an agreement (the "Agreement'), the terms of which have
been negotiated, whereby the City will transfer approximately 3.680 acres of the Property (the
"Premises") to AEP. AEP will, in compliance with the terms of the Agreement, construct the
Amlin Substation on the Premises. A drawing of the Premises and Property and the proposed
Agreement are attached to the proposed ordinance for your reference.
In order to proceed with the transfer of the Premises to AEP, the Law Department has prepared
Ordinance No. 51-08 authorizing the execution of the Agreement by the City. Once the
Agreement is fully executed by AEP and the City, the City will proceed to close the sale and
transfer the Premises to AEP.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 51-08.
,Sr: ,:•.~r .^,,.:. e:r,vr,: On~r ::32Ji ~ Vo:r: ul: dd.>'%00 I .=.IZ •i'.: ;~.~ www.szd.COm
OPTION FOR THE PURCHASE OF REAL ESTATE
This Option for the Purchase of Real Estate (the "Agreement") is entered into on this
day of 2008 (the "Effective Date"), by and between the CITY" OF DUBLIN,
OHIO, an Ohio municipal corporation ("Seller"), with its address at 5200 Emerald Park~~~ay,
Dublin, Ohio 43017, and COLUI~-1BUS SOUTHERN PO~?~'ER COMPANY", an Ohio corporation
("Buyer") with an address at 700 Morrison Road, Gahanna, Ohio 43230.
u'HEREAS, Seller is the o«~~ner of that certain tract of real property, situated in the State
of Ohio, County of Franklin and Township of ZA='ashington, containing approximately 100.004
acres, and legally described in the attached Exhibit "A", which is incorporated herein and made a.
part hereof by reference (the "Property"); and
VS~HEREAS, Buyer desires to acquire (i) an option to purchase a portion of said
Property, such portion to contain approximately 3.680 acres (the "Premises") and (ii) a utility
easement and temporary access easement comprising approximately 1.293 acres (the "Utility
Easement _~1rea"). The Premises and Utility Easement _4rea are legally described on Exhibit "B",
attached hereto and made a part hereof.
NO~~', THEREFORE, for valuable consideration, the amount and sufficiency of which
are hereby acknowledged by the parties, Seller and Buyer agree as follows:
1. Option to Purchase. For consideration of One Dollar ($1.00) paid to Seller upon the
execution of this Agreement, the receipt of which Seller hereby acknowledges, Seller grants to
Buyer an option to purchase the Premises from Seller pursuant to the tei7ns contained herein (the
"Option"). If the Option is not exercised as provided herein, this Agreement shall be null and
void, and all parties shall be relieved from any further obligation hereunder. In the event the
Option is exercised, and Buyer obtains title to the Premises as contemplated herein, Buyer shall
use same for the purpose of constructing and operating a substation for the transmission of
electricity on the Premises (the "Substation") and any other uses reasonably associated
therewith. Additionally, Buyer acknowledges that at some time in the future Seller may require
an easement over the northern portion of the Premises for the purpose of providing Seller with
access to a nearby drainage way. Buyer hereby agrees that upon Seller's request for such
easement, Buyer shall enter into good faith negotiations with Seller regarding the terms of same
and shall execute the easement agreement that is the product of those negotiations.
2. Duration of Option. Buyer shall have the unilateral right to exercise the Option herein
granted until 12:00 p.m. on December 31, 2008 (the "Option Period"); provided, however, that in
no event shall Buyer exercise the Option unless and until Buyer demonstrates to Seller that
Buyer has committed the monies necessary to fund the development of the Substation
contemplated hereby.
3. Method for Exercising_Option. This Option may be exercised by Buyer by delivering
written notice to Seller of such election in compliance with Section 2 and Section 22 hereof. In
the event that Buyer does not exercise the Option within the Option Period, this Agreement shall
terminate and both parties shall be released from any further liability hereunder.
{H7080147.11 }
1
4. Purchase Price. The purchase price for the Premises shall be One Dollar ($1.00) due and
payable at the Closing. As additional consideration and in accordance with Section 8 below,
Buyer agrees to provide enhanced landscaping around the inside of the perimeter of the Premises
within a fifty foot (50') wide strip on the North, West, and South boundaries of the Premises and
within a ten foot (10') wide strip on the East boundary of the Premises (the "Landscaping").
5. Closing. The date for delivery of the deed required in Section 6 hereof, and the closing
of this transaction shall be no later than sixty (60) days after the later of (a) the date Buyer
exercises the Option or (b) the date Seller receives the requisite approval to split the Premises
from the Property as further set forth in Section 13 below (the "Closing"}. The Closing shall be
held at a place mutually agreeable to the parties, and, at Closing, Seller shall deliver to Buyer a
deed in substantially the same form as the Limited Warranty Deed attached hereto as Exhibit
"C". Seller shall also deliver to Buyer at Closing a Utility Easement Agreement with Access
Easement in substantially the same foiYn as that which is attached hereto as Exhibit "D".
6. Conveyance. Good and marketable title to the Premises shall be conveyed by Seller to
Buyer at closing by Limited Warranty Deed, in fee simple determinable, free and clear and
unencumbered except (a) easements, conditions, and restrictions of record; (b) zoning and other
governmental regulations and restrictions; (c) all legal highways; (d} real estate taxes and
assessments not yet due and payable as of the date of Closing.
7. Possession. Seller shall deliver possession and occupancy of the Premises and the Utility
Easement Area to Buyer at Closing unless othei•~~-~ise agreed upon by the parties in writing.
8. Landscaping. All plans and specifications for the Landscaping required herein are
subject to the prior written approval of Seller. Buyer shall submit to Seller detailed plans and
specifications for the Landscaping at any time after Buyer executes the Option, but in no event.
later than thirty (30} months after Closing. The plans and specifications shall include the
landscaping requirements contained in Exhibit "E", attached hereto and hereby made a part.
hereof, along with a detailed breakdown of the projected costs of the Landscaping. Seller shall
review such plans and specifications and, to the extent that Seller requires changes thereto, Seller
shall notify Buyer of such required changes within twenty (20) days of receipt of the plans and
specifications. Buyer shall revise the plans and specifications for the Landscaping accordingly
and resubmit same to Seller for review and approval within twenty (20) days of receiving
Seller's comments. This process of review and approval shall continue until the plans and
specifications for the Landscaping have been approved by Seller. Buyer shall, at its sole cost
and expense, commence installation and construction of such Landscaping in accordance with
the plans and specifications approved by Seller within six (6) months after completion of the
Substation improvements, and, once Buyer has commenced such installation and construction,
shall diligently prosecute same to completion «~ithin three (3) months thereafter. Once
installation and construction of the Landscaping is complete, Buyer shall, at its sole cost and
expense, maintain same in a good, safe and sightly condition, including the obligation to replace
any dead or dying vegetation, in accordance with the plans and specifications previously
approved by Seller and applicable governmental laws and regulations. In no event shall Seller
compel Buyer through Seller's control over the approval of the Landscaping plans to spend more
{ffi~9074Z]] }
7
than Two Hundred Thousand Dollars ($200,000.00) for the initial cost of the (i) creation and
preparation of the Landscaping plans and specifications, and (ii) installation and construction of
the Landscaping pursuant to such approved plans and specifications. Buyer hereby agrees that
the costs associated with maintaining and caring for the Landscaping after same has been
installed and constructed are specifically excluded from the foregoing amount.
9. Substation. Buyer shall, on or before February 1, 2010, submit to Seller detailed plans
and specifications for the Substation. Seller shall review such plans and specifications and, to
the extent that Seller requires changes thereto, Seller shall notify Buyer of such required changes
--~ithin twenty (20) days of Seller's receipt of same. Buyer shall revise the plans and
specifications for the Substation accordingly and resubmit same to Seller for review and
approval within t«~enty (20) days of receiving Seller's comments. This process of reviet~~ and
approval shall continue until the plans and specifications for the Substation have been approved
by Seller. Seller's review of the Substation plans and specifications shall be limited in scope to
include only how such Substation and related improvements tray afi'ect the exterior view of
same. At least thirty (30) days prior to the date on which Buyer commences construction of the
Substation, Buyer shall provide Seller with a detailed timeline for the construction of the
Substation, which shall include a breakdown of the projected status of the construction every
three (3) months from the date construction commences through the projected completion date.
Buyer shall commence the construction of the Substation in accordance with plans and
specifications approved by Seller on or before June 1, 2010 and shall complete same on or before
June 1, 2012, subject to delays caused by Force Majeure, as hereinafter defined. Buyer shall be
deemed to have conunenced construction of the Substation if Buyer has, in good faith, shown an
intent to construct the Substation by doing any of the following: (i} placing orders for the
necessary equipment, supplies and materials for the construction of the Substation; or (ii)
entering on the Premises for the purpose of grading and staking same in preparation for the
construction of the Substation. During construction, Buyer shall, when requested by Seller,
provide a written status report outlining the status of the construction and the projected
completion date for same; provided, however, Buyer shall not be required to provide more than
four (4) such written status reports in a calendar year. Additionally, Buyer shall, as reasonably
requested by Seller, appear at such City Council meetings or other meetings held by the City of
Dublin for the purpose of providing information on the status of the construction of the
Substation.
10. Taxes and Assessments. At Closing, Seller shall pay or credit against the purchase price
(i) all delinquent taxes, including penalty and interest; (ii) all assessments which are a lien on the
Premises as of the date of Closing; and (iii) all unpaid real estate taxes not yet due for years prior
to closing and a portion of such taxes for the year of Closing prorated through date of Closing
and based on 3&5 day year and, if undetermined, on most recently available tax rate and
valuation. It is the intention of parties in making the tax proration to allow Buyer a credit as
close in amount as possil~le to the amount which Buyer will be required to remit to County
Treasurer for period of time through date of Closing. The tax proration made at Closing shall be
final and not be subject to later adjustment.
11. Condition of Premises. Seller agrees that, at Closing, the Premises shall be in
substantially the same condition as on the date of this Agreement, reasonable wear and tear
{H7080147.11 }
3
excepted, and subject to the provisions of Section 12, below. Buyer hereby agrees that it shall
accept the Premises in its "As Is, Where Is" condition. Furtherniore, Buyer acknowledges that.
Seller has made no covenant, representation or ~~•arranty as to the suitability of the Premises or as
to the physical condition thereof for any purposes whatsoever and that it shall be Buyer's sole
responsibility to review the physical condition or suitability of the Premises prior to the
expiration of the Option Period.
12. Title Examination. Within fourteen (14) days after the exercise of the option, Buyer
shall, at its sole cost and expense, deliver to Seller an American Land Title Association (_ALTA)
Commitment for Title Insurance (1966) (the "Title Commitment") issued by a title company
selected by Buyer and reasonably approved by Seller (the "Title Insurance Company"), pursuant.
to which the Title Insurance Company shall commit to issue to Buyer an ALTA O~~~ner's Title
Insurance Policy (6/17/2006), certified to at least the Effective Date of this Agreement, in the
full amount of the purchase price, showing in Seller good and marketable title to the Premises.
In the event that an examination of either the Title Commitment (including any
endorsements) or the survey discloses any matter adversely affecting title to the Premises, or if
title to the Premises is not marketable, or if the Premises is subject to liens, encumbrances,
easements, conditions, restrictions, reservations or other matters not specifically excepted by the
terms of this Agreement, or in the event of any encroachment or other defect shown by the
survey (the foregoing collectively referred to as "Defects"), then Buyer shall notify Seller no
later than twenty (20) days following receipt of both the survey and the title commitment, which
notice shall specify such title and/or survey matters to which Buyer objects. If Buyer fails to
notify Seller within such period of any such Defects, then Buyer shall be deemed to have elected
to t~~°aive same and to accept title to the Premises and proceed to purchase the Premises pursuant
to the terms of this Option. If Buyer gives Seller notice of a Defect within said period, which
renders title unmarketable, in accordance with the provisions of this Option, then Seller shall, at
its option, either (i) cure such Defect on or before Closing, or (ii) terminate this Agreement.
13. SuYVey and Lot Split, Within fourteen (14) days after receipt of the Title Commitment,
Buyer shall deliver to Seller an ALTA survey and a legal description of the Premises, prepared
by a surveyor registered in the State of Ohio. Said survey shall be certified by the surveyor to
Seller, Buyer and the Title Insurance Company. On or before Closing, Seller shall deliver to
Buyer evidence reasonably satisfactory to Buyer that said survey and legal description have been
approved by the necessary governmental authorities for purposes of splitting the Premises from
the Property of which the Premises is a part. City Council hereby authorizes the City of Dublin
Land Use and Long Range Planning staff to administratively approve the lot split of the Premises
from the Property.
14. Environmental. Buyer may conduct, at its sole cost and expense, an environmental audit
of the Premises. Buyer shall provide a copy of any report prepared in connection with any such
environmental audit performed on the Premises to Seller promptly upon Buyer's receipt of same.
Buyer agrees that any information contained therein shall be confidential, and Buyer agrees not.
to disclose same to any third parties, other than Buyer's attorneys, representatives or agents.
Buyer shall commence and complete the environmental audit within the Option Period. Buyer
and Buyer's designees shall be entitled to access to the Premises at reasonable times to undertake
{H7080147.11 }
4
such audit of the Premises. Buyer agrees to indernify and hold Seller harmless from any and all
loss, liability, claims and expense (including reasonable attorney's fees) arising out of the acts of
Buyer or its designees on the Premises or the Property. If Buyer, in its sole discretion,
determines within said Option Period that the environmental audit of the Premises is
unacceptable, then Buyer may elect to not exercise the Option.
15. Tests. Buyer shall have the right, during the Option Period, to enter upon the Premises to
make core drillings, soil and water level tests, and enviroiunental studies with the understanding
that if the Option is not exercised, Buyer hereby agrees to repair, at its sole cost and expense, any
physical damage caused to the Premises and the Property due to such surveys and tests. Buyer
shall indemnify and hold Seller harmless from and against any and all claims, liabilities, losses,
damages, costs and expenses {including reasonable attorneys' fees) incurred by Seller by reason
of any injury or damage to any person or property whatsoever, occurring in, on or ahout the
Premises when such injury or damage is caused in part or in whole by the negligence or willful
misconduct of Buyer, its employees, invitees, contractors, subcontractors, licensees, subtenants,
agents, successors and assigns.
16. Closing Costs. In addition to the apportionment of taxes as set forth in Section 10 above,
the parties hereby agree that Buyer shall pay the following at Closing (unless previously paid):
(a) The cost of furnishing the title commitment and policy referred to in Section 12
hereof;
(b) The cost of the environmental audit;
(c) The cost of furnishing the survey referred to in Section 13 above;
(d) The recording fees required for recording the Limited Warranty Deed; and
(e) The fee, if any, charged by the title insurance company for closing the transaction
contemplated herein.
17. Default. Should Buyer, its successor and assigns, fail to do any of the following: (i) use
the Premises for only those purposes permitted herein; (ii) commence and complete the
construction of the Landscaping and/or the Substation as required in Sections 8 and 9 of this
Agreement; or (iii) comply «~ith any other obligation set forth herein, any such failure{s) shall be
termed an "Event of Default". Seller shall provide Buyer written notice of an Event of Default
and Buyer shall be required to cure same within thirty (30) days after receiving written notice
thereof from Seller; provided, however, that if the nature of the Event of Default is such that it
cannot reasonably be cured within thirty (30) days, Buyer shall have such additional time as is
reasonably necessary to cure same, such cure period not to exceed ninety {9Q) days in the
aggregate. Buyer's failure to timely cure an Event of Default as permitted herein shall
automatically trigger the reverter retained in favor of Seller pursuant to the Limited t~'art•anty
Deed, and the estate conveyed to Buyer by the Limited Warranty Deed shall automatically revert
to Seller and Seller shall have the right to reenter and take possession of the Premises and the
Utility Easement Area. Buyer shall thereafter exit the Premises and Utility Easement <=~•ea,
{H7080147.11 }
5
remove any improvements that Buyer has constructed thereon and restore same as close as
reasonably practicable to the condition that existed prior to the construction of any such
improvements. Buyer hereby agrees that if there is an Event of Default, and Buyer has failed to
cure same in accordance with the terms hereof, Buyer shall not contest any action or proceeding
brought by Seller to obtain title to the Premises and the Utility Easement Area, and, Buyer shall
promptly execute a Limited Warranty Deed prepared by Seller to evidence such transfer of title
to the Premises and the Utility Easement <4rea to Seller. The reverter retained in favor of Seller
herein shall be Seller's sole remedy if there is an Event of Default by Buyer. Notwithstanding
the forgoing, Seller shall be entitled to recover the following from Buyer: (i} if Buyer fails to
execute the Limited Warranty Deed as required herein, the costs and expenses, including court
costs and reasonable attorney's fees, incurred by Seller to obtain title to the Premises and the
Utility Easement Area upon an Event of Default; and (ii} if Buyer fails to remove the
improvements on the Premises or Utility Easement Area as required herein, the costs and
expenses incurred by Seller in removing such improvements and restoring the Premises and the
Utility Easement Area to its prior condition.
18. Tiine of the Essence. Time is expressly declared to be of the essence in this Agreement,
unless the parties otherwise agree in writing.
19. Transfer or Assi ng ment. The rights granted herein are exclusive to Buyer and Buyer
shall not, prior to its satisfaction of all of the obligations contained herein, transfer or assign its
interest in this Agreement or the Premises without the prior written consent of Seller. Failure of
Buyer to obtain the written consent of Seller as required herein shall constitute a default of this
Agreement, which shall trigger Seller's rights and remedies as set forth in Section 17.
20. Entire Agreement. The parties acknowledge and agree that this Agreement constitutes
their entire agreement and that no oral or implied agreement exists. This Agreement shall be
binding upon their respective heirs, legal representatives, successors and assigns, and all of the
covenants contained herein shall sui-~~ive the Closing of this transaction.
21. Force Majeure. As used herein, the term Force Nlajeure means any delay caused by an
Act of God, an inability of Buyer to receive the materials, equipment and supplies necessary for
construction of the Substation (provided Buyer has, in good faith, timely placed orders for all
such materials, equipment and supplies}; fire; electrical shortages, interferences or outages; or
other reason of a similar nature not the fault of the delayed party.
22. Broker's Fees or Commissions. Each party represents to the other party that no real
estate broker, consultant, finder or like agent has an interest in this transaction and each party
indemnifies and holds the other harmless from and against all claims, losses, liabilities and
expenses, including reasonable attorney's fees, arising out of any claim by a broker, consultant,
finder or like agent with whom the indemnifying party has dealt or negotiated.
23. Notice. All notices, elections or other communications authorized, required or permitted
hereunder shall be made in writing and shall be deemed given when personally delivered or
when deposited, U. S. certified mail, postage prepaid, return receipt requested and addressed as
follo~i~s:
{ffi CBO74i.]] }
To the Buyer: Columbus Southern Power Company
Real Estate & Asset Management
Todd Ireland
700 Morrison Road
Gahanna, Ohio 43230-6642
Phone: (614) 883-7287
FAX: (614) 883-7299
To the Seller: City of Dublin, Ohio
5200 Emerald Pal•kway
Dublin, Ohio 43016
Attn. Dana McDaniel
Phone: (614) 410-4618
F<4X: (614) 923-5529
24. Zoning. Buyer shall investigate the zoning of the Premises during the Option Period. In
the event Buyer determines that it must secure a zoning change to use the Premises for Buyer's
intended purpose, Buyer shall provide written notice of the need for such change no later than
sixty (60) days prior to December 31, 2008. Seller shall cooperate «~ith Buyer and submit on
Buyer's behalf, an application to have the Premises properly zoned for Buyer's intended use.
Buyer will prepare any required zoning application for Seller's signature and Buyer will submit
this application with the applicable zoning authority, if any, and pay any zoning submittal or
application fees. Seller agrees to attend, with Buyer, any zoning hearings related to the zoning
application/request. In the event the zoning application process is not completed to Buyer's
commercially reasonable satisfaction before the termination of the Option Period, this
Agreement shall terminate and both parties shall be released from liability hereunder. In no
event shall the zoning change contemplated herein take effect prior the Closing.
25. Authority. Parties herein wan•ant to each other that they have full capacity, power and
authority to enter into and perform this Agreement according to its terms.
{H7080147.11 }
7
IN «~ITNESS WHEREOF, Seller and Buyer have signed and executed this Agreement.
to be effective as of the date first written above.
Signed and acknowledged
in the presence of:
Sib attzre
Painted Name
Signed and acknowledged
in the presence of:
Signature
Painted Name
SELLER:
CITY OF DUBLIN, OHIO,
AN OHIO MUNICIPAL CORPORATION
By:
Jane Braugitam, City Manager
BUYER:
COLUMBUS SOUTHERN POWER COMPANY,
AN OHIO CORPORATION
By:
Roy A. Strawser
Manager, Real Estate Asset Management
American Electric Power Service Corporation
Authorized Signer
Exhibit "A": Legal Description for the "Property"
Exhibit "B": Legal Description for the "Premises" and "Utility Easement Area"
Exhibit "C": Limited Warranty Deed
Exhibit "D": Utility Easement Agreement with Access Easement
Exhibit "E": Landscaping Requirements
{x~osoia~.~i }
EXHIBIT ~
Legal Description of the "Propel-ty"
{x~osoia~.~i }
Lepa/ Descriptions
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EXHIBIT B
DESCRIPTION OF 3.680 ACRES
for
Columbus Southern Power Company
Situated in the State of Ohio, County of Franklin, Township of Washington, being part of Virginia
Military Survey No. 6954, and being part of the same lands conveyed to City of Dublin, Ohio {100.004 acres,
Parcel I.D. 275-000001}, as recorded in Instrument No. 200212300334487, all references contained herein are
to the Franklin County Recorder's records, Franklin County, Ohio and being shown on Exhibit "A" attached
hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning for a point of reference at a stone found on the easterly line of said City of Dublin, Ohio
lands, on the easterly line of Virginia Military Survey No. 6954, and at the southwesterly corner of Lot No. 3
of Fishel Industrial Park No. 1 Third Amended Subdivision Plat, recorded in Plat Book 77, Page 79-80;
thence, with the easterly line of said City of Dublin lands, the easterly line of Virginia Military
Survey No. 6954, and the westerly line of said Fishel Industrial Park No. 1 subdivision, N 04° 47` 17" W,
349.53 feet to a 5/8 inch rebar set in concrete, and being the true point of beclinninq of the herein
described tract;
thence, running entirely within said City of Dublin, Ohio lands the following three {3) consecutive
courses:
1} S 85° 12' 43" W, 383.50 feet to a 518 inch rebar and cap set in concrete;
2} N 04° 47' 17" W, 418.00 feet running parallel with the easterly line of said City of Dublin,
Ohio lands to a 5/8 inch rebar and cap set in concrete;
3} N 85° 12' 43" E, 383.50 feet passing a 5l8 inch rebar and cap set in concrete at 333.50 feet
to a 5/8 inch rebar and cap set in concrete;
thence, S 04° 47' 17" E, 418.00 feet running with the easterly line of said City of Dublin, Ohio lands
to the point of beginning and containing 3.680 acres of land, more or less, and being subject to all legal
streets, highways, right-of-ways, alleys, easements, agreements andlor conditions of record, if any.
Bearings are based on computations from the Ohio State Plane Coordinate System, Ohio North Zone,
showing the East line of the subject tract as being S 04° 47' 17" E.
DESCRIPTION OF A 50' WIDE INGRESS-EGRESS EASEMENT
for
Columbus Southern Power Company
Situated in the State of Ohio, County of Franklin, Township of Washington, being part of Virginia
Military Survey No. 6954, and being part of the same lands conveyed to Gity of Dublin, Ohio {100.004 acres,
Parcel I.Q. 275-000001}, as recorded in Instrument No. 200212300334487, all references contained herein are
to the Franklin County Recorder's records, Franklin County, Ohio and being shown on Exhibit "A" attached
hereto and made a part thereof and being more particularly bounded and described as follows:
{H7080147.11 }
1~
Beginning for a point of reference at a stone found on the easterly line of said City of Dublin, Ohio
lands, on the easterly line of Virginia Military Survey No. 6954, and at the southwesterly corner of Lot No. 3
of Fishel Industrial Park No. 1 Third Amended Subdivision Plat, recorded in Plat Book 77, Page 79-80;
thence, with the easterly line of said City of Dublin tract, the easterly line of Virginia Military Survey
No. 6954, and the westerly line of said subdivision, N 04° 47' 17" W, 767.53 feet to a 518 inch rebar set in
concrete and being the true point of bepinninq of the herein described tract;
thence, S 85°12' 43" W, 50.00 feet to a 5/8 inch rebar and cap set;
thence, N 04° 47' 17" W, 1038.63 feet to a 5/8 inch rebar and cap set on the southerly right-of-way
of State Route 161;
thence, S 81°54' 00 W, 29.65 feet with the southerly right-of-way of said State Route 161 to a 5/8
inch rebar and cap set;
thence, N 04° 47' 17" W, 53.21 feet to a PK nail set in the centerline of State Route 161 and on the
north line of said City of Dublin, Ohio tract;
thence, continuing with the centerline of State Route 161, with a curve to the left having a radius of
3819.72 feet, a central angle of 01 ° 12' 00", and a chord which bears N 79° 27' 00" E, 80.00 feet to a PK
nail set at the northeasterly corner of said City of Dublin, Ohio lands and on the easterly line of Virginia
Military Survey No. 6954;
thence, S 04° 47' 17" E, 1098.16 feet passing a 518 inch rebar and cap set in concrete an the
southerly right-of-way of State Route 161 at 56.64 feet to the point of beginning and containing 1.293 acres
of land, mare or less, and being subject to all legal streets, highways, right-of-ways, alleys, easements,
agreements and/or conditions of record, if any.
Bearings are based on computations from the Ohio State Plane Coordinate System, Ohio North Zone,
showing the East line of the subject tract as being S 04° 47' 17" E.
{H7080147.11 }
11
EXHIBIT C
LIhIITED WARRANTY DEED
The City of Dublin, Oliio, an Ohio municipal corporation ("Grantor"), t~-•hose tax mailing
address is 5200 Emerald Parkway, Dublin, Ohio 43017, for valuable consideration, receipt of
~~~hich is hereby acknowledged subject to the exceptions, reservations, and conditions hereinafter
set forth, hereby Grants and Conveys with limited warranty covenants, pursuant to Ohio Revised
Code X5302.07, to Cohunbus Southern Power Company, an Ohio corporation ("Grantee"),
whose tax mailing address is 700 Morrison Road, Gahanna, Ohio 43230, its successors and
assigns, the folio«-~ing real estate situated in Washington Township, Franklin County, Ohio,
being more particularly described on Exhibit "A", attached hereto and incorporated herein by
reference {the "Premises").
Prior Instrument Reference: Instrument Number 200212300334487
Franklin County Recorder's Office.
Split from Parcel No.: 275-000001
This conveyance is hereby made subject to the following:
1. The lien of real estate taxes and assessments not yet due and payable.
2. All easements, covenants, conditions and restrictions of record; all legal highways;
and zoning, building and other laws, ordinances and regulations.
The terms and conditions contained in the Option Agreement, as defined below, including
those set forth on Exhibit "B", attached hereto and hereby made a part hereof, shall be binding
upon Grantee, its successors and assigns.
The Premises is hereby conveyed to Grantee pursuant to that certain Option Agreement
entered into by and behween Grantor and Cnantee on 2008 (the "Option
Agreement), which Option Agreement requires Grantee to use the Premises for the purpose of
operating a substation for the transmission of electricity thereon and for any other uses
reasonably associated therewith. Cnantee and Grantor acknowledge the conveyance of the
Premises and the Easement :4rea hereby made shall be subject to the rights of Grantor as set
forth in Section 17 of the Option Agreement, as if such Section was fully rewritten herein, which
states that upon a default of Grantee of the Option Agreement that continues beyond any
applicable notice and cure period, the estate conveyed to Grantee by this Limited Warranty Deed
shall automatically revert to Grantor, and Grantor shall have the right to reenter and take
possession of the Premises and the Easement Area. Grantee further agrees that if it is in default
beyond any applicable notice and cure period, Grantee shall not contest any action or proceeding
brought by Cn•antor to obtain title to the Premises and the Easement Area, and, additionally,
Grantee shall execute a Limited Warranty Deed prepared by Grantor to evidence such transfer of
title to the Premises and the Easement Area to Grantor.
~xiosoia~.ii }
12
To Have _~nd To Hold the above Premises with the appurtenances thereunto belonging to
said Grantee, its successors and assigns forever.
DATED this day of , 2008.
CITY" OF DUBLIN, OHIO,
an Ohio municipal corporation
By:
STATE OF OHIO
COUNTY OF FRANKLIN, ss
Jane Brautigam, City Manager
The foregoing instrument was acknowledged before me this day of ,
2008, by Jane Brautigarn, City IVlanager of the City of Dublin, Ohio, an Ohio municipal
corporation, on behalf of said municipal corporation.
Notary Public
Ii~iy Conunission Expires:
This instrument was prepared by Thomas G. St. Pierre, Senior Counsel -Real Estate, American
Electric Power Service Corporation, 1 Riverside Plaza, Columbus, Ohio 43215, for and on behalf
of Columbus Southern Power Company.
{H7080147.11 }
1~
EXHIBIT "A" to Limited ~~~arranty Deed
DESCRIPTION OF 3.680 ACRES
for
Columbus Southern Power Company
Situated in the State of Ohio, County of Franklin, Township of Washington, being part of Virginia
Military Survey No. 6954, and being part of the same lands conveyed to City of Dublin, Ohio {100.004 acres,
Parcel I.D. 275-000001}, as recorded in Instrument No. 200212300334487, all references contained herein are
to the Franklin County Recorder's records, Franklin County, Ohio and being shown on Exhibit "A" attached
hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning for a point of reference at a stone found on the easterly line of said City of Dublin, Ohio
lands, on the easterly line of Virginia Military Survey No. 6954, and at the southwesterly corner of Lot No. 3
of Fishel Industrial Park No. 1 Third Amended Subdivision Plat, recorded in Plat Book 77, Page 79-80;
thence, with the easterly line of said City of Dublin lands, the easterly line of Virginia Military
Survey No. 6954, and the westerly line of said Fishel Industrial Park No. 1 subdivision, N 04° 47` 17" W,
349.53 feet to a 5/8 inch rebar set in concrete, and being the true point of beclinninq of the herein
described tract;
thence, running entirely within said City of Dublin, Ohio lands the following three {3) consecutive
courses:
1} S 85° 12' 43" W, 383.50 feet to a 518 inch rebar and cap set in concrete;
2} N 04° 47' 17" W, 418.00 feet running parallel with the easterly line of said City of Dublin,
Ohio lands to a 5/8 inch rebar and cap set in concrete;
3} N 85° 12' 43" E, 383.50 feet passing a 5l8 inch rebar and cap set in concrete at 333.50 feet
to a 5/8 inch rebar and cap set in concrete;
thence, S 04° 47' 17" E, 418.00 feet running with the easterly line of said City of Dublin, Ohio lands
to the point of beginning and containing 3.680 acres of land, more or less, and being subject to all legal
streets, highways, right-of-ways, alleys, easements, agreements andlor conditions of record, if any.
Bearings are based on computations from the Ohio State Plane Coordinate System, Ohio North Zone,
showing the East line of the subject tract as being S 04° 47' 17" E.
{H7080147.11 }
14
EXHIBIT "B" to Limited Warranty Deed
Terms and Conditions from the Option Agreement
Landscaping. Grantee agrees to provide enhanced landscaping around the inside of the perimeter
of the Premises within a fifty foot (50') wide strip on the North, West and South boundaries of
the Premises and within a ten foot (10') wide strip on the East boundary of the Premises.
Grantee shall not be obligated to expend snore than Two Hundred Thousand Dollars
($200,000.00) for such landscaping. All landscaping required herein is subject to the prior
written approval of Grantor. Grantee shall submit to Grantor detailed plans and specifications
for the landscaping no later than thirty (30) months after Closing, as that term is defined in the
Option Agreement, which shall include the following landscaping requirements and a detailed
breakdown of the cost of such landscaping:
50-foot buffer on the north, west and south boundaries of the Premises and a 10-foot buffer on
the east boundary of the Premises that contains the following:
a. 1 deciduous shade tree (mix of large and rnediuin size tress} per 30 lineal feet of
boundary
b. a double offset row of evergreen trees (8-foot to 10-foot high at time of planting
and a mix of species) planted in conjunction with the deciduous shade tree mix on
a 4-foot mound that will be interplanted with pockets of deciduous flowing shrubs
c. a black vinyl-coated chain-link fence that shall be located a minimum of 25 feet
from the property line and shall be buffered by the deciduous and evergreen trees
(height of said fence is subject to applicable regulations).
Grantor shall review such plans and specifications and, to the extent that Grantor requires
changes thereto, Grantor shall notify Grantee of such required changes within twenty {20) days
of receipt of the plans and specifications. Grantee shall revise the plans and specifications for
the landscaping accordingly and resubmit same to Grantor for review and approval within
twenty {20) days of receiving Grantor's comments. This process of review and approval shall
continue until the plans and specifications for the landscaping have been approved by Grantor.
Grantee shall, at its sole cost and expense, commence installation and construction of such
Landscaping in accordance with the plans and specifications approved by Grantor within six (6)
months after completion of the substation improvements, and, once Grantee has commenced
such installation and construction, shall diligently prosecute same to completion within three (3)
months thereafter. Once installation and construction of the landscaping is complete, Grantee
shall, at its sole cost and expense, maintain same in a good, safe and sightly condition, including
the obligation to replace any dead or dying vegetation, in accordance with the plans and
specif°ications and applicable go~•~ernmental laws and regulations.
Substation. Grantee shall, on or before February 1, 2010, sul»nit to Grantor detailed plans and
specifications for a substation for the purpose of transmitting electricity. Grantor shall review
such plans and specifications and, to the extent that Grantor requires changes thereto, Grantor
shall notify Grantee of such required changes within twenty {20) days of Grantor's receipt of
same. Cnantee shall revise the plans and specifications for the substation accordingly and
resubmit same to Grantor for revie«~ and appro~•~al within h~~enty (20) days of receiving Grantor's
{ffi~fl0742]] }
17
comments. This process of review and approval shall continue urrtil the plans and specifications
for the substation have been approved by Grantor. Grantor's review of the substation plans and
specifications shall be limited in scope to include only ho«T such substation may affect the
exterior view of the substation. Grantee shall commence the construction of the substation in
accordance with plans and specifications approj~ed by Grantor on or before June 1, 2010 and
shall complete same on or before June 1, 2012, subject to delays caused by Force Majeure, as
that terns is defined in the Caption Agreement.
16
EXHIBIT D
UTILITY EASEII~TENT AGREENTENT
WITH ACCESS EASEMENT
This Utility Easement Agreement with Access Easement ("Easement Agreement"} is
made and entered into by and between the City of Dublin, Ohio, an Ohio municipal corporation
("Grantor"), having an office at X200 Emerald Parkway, Dublin, Ohio 43017, and Columbus
Southern Power Company, an Ohio corporation ("Grantee"), having an office at 700 Nlort•ison
Road, Gahanna, Ohio.
RECITALS
WHEREAS, Grantee has acquired or will acquire from Grantor that approximately 3.680
acre tract of land located in Washington Township, County of Franklin and State of Ohio, and
being split from Franklin County Auditor's Tax Parcel No. 275-000001 (the "AEP Property"),
which is depicted on the site plan attached hereto as Exhibit "A" ("Site Plan"), incorporated
herein and made a part hereof, for the construction and operation of an electrical substation
thereon (the "Project"};
WHEREAS, Grantor owns the property adjacent to the AEP Property, the location of
which is also depicted on the Site Plan and which is the remainder of Franklin County Auditor's
Tax Parcel No. 275-000001 (hereinafter, the "Dublin Property");
WHEREAS, Grantee desires to acquire from Grantor anon-exclusive utility easement
in, over, under, across and through that portion of the Dublin Property legally described on
Exhibit "B", attached hereto and hereby made a part hereof (the "Utility Easement Area"); and
WHEREAS, until such time as Grantor constructs roadways and other infrastructure
within the Dublin Property that provides reasonable vehicular and pedestrian access to the AEP
Property (the "Infrastructure"), Grantee desires to acquire from Grantor anon-exclusive
temporaYy access easement within the Utility Easement Area upon the terms herein set forth.
NO~'V, THEREFORE, for valuable consideration, the amount and sufficiency of which
are hereby acknowledged by the parties, the parties hereto agree as follows:
1. Utility Easement. Grantor hereby grants to Cnantee anon-exclusive, perpetual
easement for purposes of installing within the Utility Easement Area underground utility lines
necessary to serve the facilities constructed by Grantee upon the AEP Property ("Utility
Easement"); provided, however, if any such utility lines are electric transmission lines, then
Grantee shall be permitted to install same aboveground within the Utility Easement Area.
Grantee shall be required to maintain, at its sole cost and expense, any and all such utility lines
located within the Utility Easement Area, whether aboveground or underground, in a safe and
reasonable manner and in accordance with the Dublin City Ordinances and Ohio law. Grantee
shall be permitted to trim and,/or remove any trees, shrubbery and vegetation within the Utility
Easement Area, provided such removal is reasonably necessary for Grantee's use of the Utility
{H7080147.11 }
17
Easement as peiYnitted hereby, and the condition of the Utility Easement Area is safe and sightly
after such trinuning and/or removal. Grantee shall, at its sole cost and expense, repair any
damage to the Lltility Easement Area caused by Grantee as a result of the installation and
maintenance of the utility lines permitted hereby.
Cnantor and Grantee hereby agree that, subject to the terms of Section 5, below, at such
time as the Infrastructure is completed, Grantor and Grantee shall enter into such additional
easement agreements as are necessary to provide Grantee with a nonexclusive and perpetual
utility easement within an area no larger than ten feet (10') in width, located immediately
adjacent to any Infrastructure, for the purpose of installing and maintaining underground utility
lines therein.
2. Temporary Access Easement. Grantor hereby grants to Grantee a temporary
access easement through the Utility Easement Area for the purpose of providing vehicular and
pedestrian access to the AEP Property until such time as Grantor completes construction of the
Infrastructure ("Temporary Access Easement"), subject to the terms of Section 5, below.
Grantee shall have the right, at its sole cost and expense, to improve the Utility Easement Area to
provide for such access by constructing one (1}gravel driveway thereon ("AEP Driveway"), the
plans for which shall be subject to the prior written approval of Grantor. In the event Grantee
constructs the AEP Driveway, Grantee shall, at its sole cost and expense, thereafter regularly
repair and maintain same. Grantee shall be obligated to repair or replace any damage to the
Utility Easement Area and AEP Driveway caused by Grantee, its employees, agents, contractors,
or its invitees, such that the Utility Easement Area and AEP Driveway shall always be kept in a
good, sightly and safe condition. Any such maintenance, repair or replacement of the Utility
Easement Area or AEP Driveway shall be conducted by Grantee in a safe and reasonable
manner, in compliance with Dublin City Ordinances and Ohio law.
Grantor and Grantee hereby agree that, subject to the ternis of Section 5, below, at such
time as the Infrastructure is completed, Grantor and Grantee shall enter into such agreement as is
necessary to govern Cnantee's use of the Infrastructure for vehicular and/or pedestrian access to
the AEP Property. Upon the execution and recordation of such easement(s), the Temporary
Access Easement herein granted shall terminate, and within thirty (30) days thereafter, Grantee
shall, at Cn•antee's sole cost and expense, remove the AEP Driveway from the Utility Easement
Area and restore same as nearly as reasonably practicable to the condition which existed prior to
the entry thereon by Grantee (other than any utility lines installed by Grantee therein). Upon the
termination of the Temporary Access Easement, Cn•antor shall prepare and deliver to Grantee a
Notice of Termination of Temporary Access Easement, ~~~hich Grantee shall execute and record
with the Franklin County Recorder's Office, at Grantee's expense, within thirty (30} days
follo~i~ing receipt of same.
3. Fence. Grantee shall, subject to the prior written approval of Grantor, have the
right, at its sole cost and expense, to install a fence around the perimeter of the Utility Easement
Area. Prior to commencing the construction of any such fence, Grantee shall submit a drawing
of such fence to Grantor, which describes and illustrates the location, style, and materials to be
used in the construction of the fence, which Grantor shall have the right to approve or disapprove
t~~ithin thirty (30) days upon receipt of same. Grantor shall provide Grantee with the reasons for
lti
any disapproval and what modifications Grantee must make to the drawing to obtain Grantor's
approval. Grantee may thereafter resubmit a revised drawing to Grantor for Grantor's review
and approval. Once constructed, any such fence shall be maintained by Grantee, at its sole cost
and expense, in a good, safe and sightly condition and in compliance with Dublin City
Ordinances and Ohio la«~•.
4. Repair. Grantee shall promptly repair, at its sole cost and expense, any damage or
harm caused to the Utility Easement Area or the Dublin Property in connection with the use of
the Utility Easement and the Temporary Access Easement by Grantee, and its agents, employees,
contractors, and invitees as permitted herein.
5. Infrastructure. Nothing contained herein shall be construed or interpreted as a
covenant or representation of Grantor that Grantor will construct the Infrastructure contemplated
herein. Grantee acknowledges that its rights to any contemplated future utility and access
easements along such Infrastructure are wholly contingent upon Grantor constructing same and
that nothing contained herein shall be construed as requiring Cnantor to construct such
Infrastructure.
6. Indemnity. Grantee shall indemnify, defend and save harmless Grantor for all
claims, expenses, damages and liabilities asserted against it (i) for mechanic's and materialman's
liens and any costs and reasonable attorney's fees incidental thereto, (ii) on account of any injury
to or death of any person or persons, or (iii) on account of damage to any real or personal
property, in every instance caused by, connected with, or in any way attributable to the rights
herein granted or Grantee's failure to comply ~;pith any of the terms or conditions hereof, except
for such damages that may arise out of the negligence of Grantor.
7. Representations of Grantor. Grantor hereby covenants that it is the true and
lawful owner of the Dublin Property and is lawfully seized of the same in fee simple and has
good right and full po«~er to grant the Utility Easement and the Temporary Access Easement.
8. Successors and Assi.mis. This Easement Agreement shall inure to the benefit of
and be binding upon the respective successors and assigns of the parties hereto.
[Signatures on Next Page]
{ffi~9074Z]] }
19
IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be
executed and subscribed this day of , 2008.
GRANTOR:
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
By:
Jane Brautigam, City Manager
GRANTEE:
COLUMBUS SOUTHERN POWER COMPANY",
AN OHIO CORPORATION
By:
Roy A. Strawser,
lUlanager, Real Estate Asset Management
American Electric Power Service Corporation
Authorized Signer
[Ack~lowledgements on Nett Page]
{H7080147.11 }
20
STATE OF OHIO,
COUNTY OF FRANKLIN, SS.
BE IT REMEMBERED, that on this day of , 2008, the
foregoing instrument was acknowledged before me by Jane Brautigam, City Manager of the City
of Dublin, Ohio, an Ohio municipal corporation, on behalf of said municipal corporation.
Notary Public
STATE OF OHIO,
COUNTY OF FRANKLIN, SS.
BE IT REMEMBERED, that on this day of , 2008, the
foregoing instrument was acknowledged before me by Roy A. Strawser, Manager, Real Estate
Asset Management, American Electric Pot~~er Service Corporation, on behalf of said corporation.
Notary PL~blic
This instrument was prepared by Thomas G. St. Pierre, Senior Counsel -Real Estate, American
Electric Power Service Corporation, 1 Riverside Plaza, Columbus, Ohio 43215, for and on behalf
of Columbus Southern Power Company.
{H7080147.11 }
21
EXHIBIT "A"
N 04'47'17" W
P.c ,a2+a3.98 53.21'
CAL ~1. f~1. fllL R=3819.72
_ --~--~
------------
~~ S 81'54'00" W
29.65'
R = 3819.72'
CA= 01'12'00"
CH= N 79'27'00" E
80.00' HEARINGS ARE BASED ON COMPUTATIONS
FROM THE OHIO STATE PLANE
-56.64' COORDINATE SYSTEM, OHIO NORTH ZONE
SHOWING THE EAST LINE OF THE
I~~^,,;,I Ilof(cr SUBJECT TRACT AS BEING S 04°47'1TE
6.041 AC.
INS i_ 199907E OIHiiil
z cn
0 0
~ ~
J J
~!. ~! LOT #9
~~ ~m~
O
\,
50' WIDE INGRESS- ~ o \
EGRESS EASEMENT °,, ~
o, ~
(1.293:L AC.) rn rn LOT #8
fJ
City of Dublin, OLiio
INSTR. #200212300334487
100.004 ACRES (REC.)
Parcel No. 275-000001
S 85'12'43" W ,
50.00
N 85'12' 43" E \ I/
383.50'
z z
o ~
'' 3.680E
~
J 00 ACCeS p J ~ LOT #3
J J ~
~ 383.50 ~
N/
S 85'12'43'
TRUE POINT
OF BEGINNING
L293i AC. EAS.
FISIIFL INDUSTRIAL PARK NO. I
THIRD .~ML'NDEU SUBDIVISION PL,4T
PLAT BOOK 77, PAGE 79-KO
FISHEL DR. SOUTH
A Lor #la
TRUE POINT
OF BEGINNING `''
3 bRO~ Acs.
Begin Fui-
Rtye'rr~er •e
~ cJ%
a,
o ~G c
r
r.> ~
in ~
m ~
oc
z ® STONE FOUND
o O 3/4" IRON P[N FOUND
~. ~ P.K. NAIL SET
rn
tf
EXISTING UTILITY POLE
U • 5/3" REBAR & CAP SF.T IN CONCRETE
The City of Dublin °~ "CENTRAL SURV. CO., LTD."
INST. 1998010500001735 `~-
57.335 Acres (remainder)
Parcel No. 275-000002
0' 400' 800' 1200'
i = 400'
SITUATED IN THE STATE OF OHIO, COUNTY OF
FRANKLIN, TOWNSHIP OF WASHINGTON, BEING PART
OF V.M.S. SURVEY N0. 6954 AND BEING PART OF THE
SAME LANDS CONVEYED TO THE C[TY OF DUBLIN,
OHIO, AS RECORDED IN INST. 200212300334487 OF
THE FRANKLIN COUNTY RECORDER'S RECORDS.
Central Surveying Co., Ltd.
7563 East Main Street
Reynoldsburg, Ohio 43068
614-864-1100
FoR: COLUMBUS SOUTHERN POWER
PROPOSED AMLIN STATION SITE AND
STATION ACCESS EASEMENT AREA
Drown By: WW Checked By: RM
Scale: 1 " = a00' Date: 07/2, /OS
File Name: 20080508 AMUN.SPLIT.DWC Drawing Number:
Revisions: 07/23/08 X080508
EXHIBIT "B" to Utility Easement Agreement ~i~ith Access Easement
DESCRIPTION OF A 50' WIDE INGRESS-EGRESS EASEMENT
for
Columbus Southern Power Company
Situated in the State of Ohio, County of Franklin, Township of Washington, being part of Virginia
Military Survey No. 6954, and being part of the same lands conveyed to City of Dublin, Ohio {100.004 acres,
Parcel I.D. 275-000001), as recorded in Instrument No. 200212300334487, all references contained herein are
to the Franklin County Recorder's records, Franklin County, Ohia and being shown on Exhibit "A" attached
hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning for a point of reference at a stone found on the easterly line of said City of Dublin, Ohio
lands, on the easterly line of Virginia Military Survey No. 6954, and at the southwesterly corner of Lot No. 3
of Fishel Industrial Park No. 1 Third Amended Subdivision Plat, recorded in Plat Book 77, Page 79-80;
thence, with the easterly line of said City of Dublin tract, the easterly line of Virginia Military Survey
No. 6954, and the westerly line of said subdivision, N 04° 47' 17" W, 767.53 feet to a 5/8 inch rebar set in
concrete and being the true point ofbeginningof the herein described tract;
thence, S 85°12' 43" W, 50.00 feet to a 518 inch rebar and cap set;
thence, N 04° 47' 17" W, 1038.63 feet to a 5/8 inch rebar and cap set on the southerly right-of-way
of State Route 161;
thence, S 81°54' 00 W, 29.65 feet with the southerly right-of-way of said State Route 161 to a 5I8
inch rebar and cap set;
thence, N 04° 47' 17" W, 53.21 feet to a PK nail set in the centerline of State Route 161 and on the
north line of said City of Dublin, Ohio tract;
thence, continuing with the centerline of State Route 161, with a curve to the left having a radius of
3819.72 feet, a central angle of 01 ° 12' 00", and a chord which bears N 79° 27' 00" E, 80.00 feet to a PK
nail set at the northeasterly corner of said City of Dublin, Ohio lands and an the easterly line of Virginia
Military Survey No. 6954;
thence, S 04° 47' 17" E, 1098.16 feet passing a 5/8 inch rebar and cap set in concrete on the
southerly right-of-way of State Route 161 at 56.64 feet to the point of beginning and containing 1.293 acres
of land, more or less, and being subject to all legal streets, highways, right-of-ways, alleys, easements,
agreements and/or conditions of record, if any.
Bearings are based on computations from the Ohio State Plane Coordinate System, Ohio North Zone,
showing the East line of the subject tract as being S 04° 47' 17" E.
{H7080147.11 }
23
EXHIBIT E
Requirements for the landscaping plans for the Premises:
50-foot buffer on the north, l~~est and south boundaries of the Premises and a 10-foot buffer on
the east boundary of the Premises that contains the following:
a. 1 deciduous shade tree (mix of large and medium size tress} per 30 lineal feet of
boundary
b. a double offset row of evergreen trees (8-foot to 10-foot high at time of planting
and a mix of species) planted in conjunction with the deciduous shade tree mix on
a 4-foot mound that will be interplanted with pockets of deciduous flowing shrubs
c. a black vinyl-coated chain-link fence that shall be located a minimum of 2~ feet
from the property line and shall be buffered by the deciduous and evergreen trees
(height of said fence is subject to applicable regulations)
{H7080147.11 }
`~ L~