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27-80 Resolution ~.: . , ..~ RECORD OF RESOLUTIONS . . , I ~ts:S I National Graphics Corp,. Cols,. 0, ~ Form No. 6233-A I II I Resolution No, ___nn~n7,:n'8Q___________ P assed____n n. _______ __ __________ ___________00_________19 u uno_ ! A RESOLUTION TO GRANT A DEED OF EASEMENT TO WARNER CABLE CORP. (D.B.A. "QUBE") TO LAY, CONSTRUCT, 0 OPERATE AND MAINTAIN CABLES USED IN CONNECTION WITH THEIR SERVICES. WHEREAS, Warner Cable Corp. has been granted the right to provide cable t.v. service in the Village, and: WHEREAS, this Deed of Easement is necessary to provide said service: NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, I of the elect- ed members concurring: SECTION 1. That the Deed of Easement hereto attached as "Exhibit A" is hereby granted to Warner Cable Corp. SECTION2. That this resolution shall take effect and be in force from and after the earliest period allowed by law. G Pass ed thi s :l.J. Nt) day of 5'E,P / " , 1980. (!~~~~~ IJ~. Mayor - Presldlng Officer Attest: I~ ~ ~ ,,jo Clerk of Council n . '0 \ f\(., ~ ,-\!.-,.j \ , , .' , . . '1 DEED OF EASEMENT In consid.ration of the su. of ONE DOLLAR ($1.00) and other good and valuable consideration, the l"ICeipt wherlOf is h'''tOy aCknowledged, the GRANTOR(S): Village Of Dublin do.s (do) h.reby grant to WARNERC:\BLE CORPORATION (DBA "QUBE"), Its successors, assigns, 1ess..s and 1icens.s (h.reinaft.r called "COMPANY"), the perpetual right, privilege, and easlment to, from time-to-time, lay, construct, operate and maintain cables, ground connections, accessories and appurt.nances used in connection therewith together with ~sp.ctive service connections therefrom to the adjacent lots or parcels. for the purpose of transmitting and distributing CATV and oth.r electronic signals (hereinafter called "Facilities)), as COMPANY may require or deem exp.dient, advisable or proper upon. in, over and under the following described Prelllis~~ereinafter called "Premis.s"), of GAANTOR(S) situated in the City or D Village of 1in, County of Franklin and State of Ohio and described as follows: #3 Being lot number Reserve A. of Waterford Villag~ as the same is numt:ere~ a::~ delineated upon the recorded Plat th.reof, of record 1n Plat Book 5':) ,page 79 Record.rs Office, Franklin County Ohio. 4 --. ~6~6 --, 12 COr4PANY agrees to use its best e 0 s to install the Facilities within that portion of the Premises designated for utility installation. Th. facilities are and shall remain COMPANY's property. CO~.ANY shall have the right-of.way ov.r the Premises to inspect. rebuild, relocate (within said portion of land), repair and improve the Facilities and to make such chang.s. alterations, substitutions, additions to or extensions of said Facilities as COMPANY may from time-to-time deem advisable: provid,d. that COMPANY shall ex.rcise such rights in a manner so as to cause as 1itt1. disturbance and inconvenience to said G~~TOR(S) as is practicable. COMPANY shall be prohibited from using trucks on the premises. Prior to making any Facilities additions, Or relocation after the initial Facility is completed and in operation, COMPANY agrees to notify Grantor of said activity. COMPANY agrees to pay for all dUllge, if any, to structures. bufl di ngs and improvements of the GAAHTOR(S) don. by the COMPANY or its contractors or employees whil. engaged in the construction. re~onstruction, maint.nanc. or removal of the Facilities; provided that :iR.'UlTOR(S.) notify the COr~PANY of such damage in writing within THIRTY (30) days after said daJlllg. occurs; and provided further that COMPANY shall not b. responsible for damage to structures. buflaings or improvements. oth.r than fenc.s, that are constructed over said portion of the PreDrise. after the installation of the Facilities. The Facilities shall b. located so as to not Interfere with the GRANTOR(S) ingress to and egress from the Premise., and GRANTOR(S) shall have the right to use the right-of-way and easement for the purposes not inconsistent with the COMPANY's full enjoyment of the rights hereby granted. GRANTOR(S) hereby IXlCute(s) this DEED OF EASEMENT on this day of C ,19_, - ._. - - -. Signed and acknowledged in the pre.ence of: l Wi tness ) l Grantor) .- .- .- -. - ___._ _ d'_. (Witness) lGrantor) - -- (ACKNOWLEDGEMENT OF INDIVIDUAL) STATE OF OHIO ) COUNTY OF FRANklIN) BE IT REMEMBERED, that on this day of , 19 , before me the subscriber, a Notary Public 1n and for said county and state, personally appeared the above'named GRANTOR(S) . who executed the foregoing instrument and - , acknowledged the execution aT same to be such GRANTOR(S) free act and deed for the uses and purposes therein ment1onad. IN TESTtl~NY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. lNotary Public) This instrument Prepared 8y: Warn.r Cable Corporation (DBA "Qube") 930 Kinnear Road. Columbus. Oh10 43212 n ,I ~ . . DEED OF EASEMENT . . J, ,. .. EX-t'bl T II . In consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable c:J consideration, the receipt whereof is hereby acknowledged, the GRANTOR(S): VillllP of Dublin . does (do) hereby grant to WARNER CAB[E CORP. (DBA "QUBE"), its successors, assigns lessees and licenses (hereinafter called "COMPANY"), the perpetual right, privilege, and easement to, from time-to-time, lay construct, opearate and maintain cables, 1[) ground connections. meters, attachement equipment, accessories and appurtenances ..., used in connecti on therewi th together wi th respecti ve servi ce connecti ons therefrom to the adjacent lots or parcels, for the purpose of transmitting and distributing C.A.T.V. and other electronic signals (hereinafter called "FACITLITIES"), as COMPANY may require or deem expedient, advisable or proper upon, in, over and under the following described premises (hereinafter called "Premises"), of GRANTOR(S) situated in the City or Village of Dublin , County of Franklin and State of Ohio and described as follows: :BeiDg a 5.0' 1'1;'- riCJe 'strip of 1aad 88 it abuts the Rortherly lot lines of lots 15, 16, 62, 63,64, 65, and part of 66, of Wa'tertord Village Phase 1 'the s_ 88 it is shovn in Plat book 51, :page 10 " 11, said strip of land beiDg continuously 5.0 1'1;. wide and parallel to 'the aforementioned lfortb.erly lot line. 0 Deed Reference: Volume 3510 , Page 982 . Company agrees to stay within premises designated for utilit.y installations. C ' The facilities are and shall remain COMPANY's property. , I COMPANY s ha 11 have the ri gh t - of -way OVer th e Premi ses to ins pee t. reb u i1 d, expa nd , remove, relocate (within said portion of land), repair and improve the Facilities and to make such changes, alterations, substitutions, additions to or extensions of said Facilities as COMPANY may from time-to-time deem advisable: provided, that COMPANY shall exercise such rights in a manners so as to cause as little disturbance and inconvenience to said GRANTOR(S) as is practicable. COMPANY shall be prohibited from using trucks on the premises. Said easement includes the right to trim at COMPANY's expense any trees or shrubbery which may hereafter interfere with the operation and/or maintenance of the Facilities, so long as said trees or shrubbery are located on or over the above-described portion of the Premises. C r, . . .... ~..' , ,- . . < - '., . COMPANY agrees to pay for all damage, if any, to structures, buildin9s and improve- ments of the GRANTOR(S) done by the COMPANY or its contractors or employees while engaged in the construction, re-construction, maintenance or removal of the 0 Facilities; provided that GRANTOR(S) notify the COMPANY of such damage in writing within THIRTY (30) days after said damage occurs; and provided further that COMPANY shall not be responsible for damage to structures, buildings or improvements, other than fences, that are constructed over said portion of the Premises after the installation of the Facilities. The Facilities shall be located so as to not interfere with the GRANTOR(S) ingress 0 to and egress 'from the Premises, and GRANTOR(S) shall have the right to use the right-of-way and easement for purposes not inconsistent with the COMPANY.s full enjoyment of the rights hereby granted. GRANTOR(S) hereby execute(s) this DEED OF EASEMENT on this day of , 19 . Signed and acknowledged in the presence of: (Witness) (Grantor) 0 (Witness) (Grantor) U (ACKNOWLEDGEMENT OF INDIVIDUAL) STATE OF OHIO ) SS COUNTY OF FRANKLIN ) BE IT REMEMBERED, that on this day of , 19 , before me the subscriber, a Notary Public in and for said county and state, personally appeared the above-named GRANTOR(S) who executed the foregoing instrument and acknowledged the execution of same to be such GRANTOR(S) free act and deed for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. (Notary Public) 0 This Instrument Prepared By: Warner Cable Corporation (DBA "QUBE") 930 Kinnear Road, Columbus, Ohio 43212 . Telephone: (614) 481-5000 n