Ordinance 018-14RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No.
18 -14
Form No.30043
Passed . 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A UTILITY EASEMENT GRANTING AMERICAN
ELECTRIC POWER A TEN (10) BY FIFTEEN (15) FEET
EASEMENT ON PROPERTY OWNED BY THE CITY OF DUBLIN
AT THE NORTHEAST CORNER OF BRAND ROAD AND
BRANDONWAY DRIVE, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin (the "City ") owns 6.021 acres of property at the corner
of Brand Road and Brandonway Drive; and
WHEREAS, the City is in the process of finalizing the construction of the Coffman
and Brand Road roundabout (the "Project'; and
WHEREAS, AEP has a push pole located very close to Brand Road; and
WHEREAS, the City has requested that AEP relocate this push pole as part of the
Project; and
WHEREAS, the City desires to donate and dedicate the property described in the
easement attached hereto as Exhibit "A" to AEP for the relocation of this push pole.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, __I of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute the attached
easement in favor of AEP.
Section 2. This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety or welfare, and for the
further reason of finalizing the construction of the Project. The ordinance shall
therefore take effect immediately upon passage.
Passed this day of 2014.
ayor 4Pre �d'inig Wicer
ATTEST:
Clerk 00ouncil
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ATTORNEYS
MEMORANDUM
To: Dublin City Council
Marsha I. Grigsby, City Manager
From: Stephen J. Smith
Philip K. Hartmann
Date: March 20, 2014
Re: Ordinance 18 -14 — The City's Donation of an Easement to AEP
I. INTRODUCTION
The City of Dublin (the "City ") is finishing the construction of Coffman and Brand Road
roundabout (the "Project "). AEP is doing some utility relocation as part of the Project.
II. BACKGROUND
The City has requested AEP to relocate a push pole as part of the Project because the current
location is very close to the roadway. The City and AEP have agreed upon a relocation area for
this push pole on a 6.021 acre parcel of property owned by the City at the corner of Brand Road
and Brandonway Drive. The City desires to donate and dedicate a ten (10') by fifteen (15') foot
easement described in attached Exhibit "A" to AEP for the relocate of this push pole.
RECOMMENDATION
Staff recommends approval of Ordinance No. 18 -14 at the second reading/public hearing on
April 14 as the donation of the easement to AEP can be completed as part of the utility relocation
on the Coffinan and Brand Road roundabout project.
Frost Brown Todd LLC
Eas.
a Easement & Right of Way
Village of Dublin, Ohio, "Grantor(s) ", in consideration of $1.00, the easement terms, and
other good and valuable consideration from Ohio Power Company an Ohio corporation and a unit of
American Electric Power, 850 Tech Center Drive, Gahanna, OH 43230 -6605, "Grantee ", the receipt and
sufficiency of which is acknowledged, grants and conveys with general warranty covenants to Grantee its
successors, assigns, lessees, licensees and tenants, a right of way and easement, "Easement" for electric
and other current/future energy or communication purposes, overhead in, on, over, through and across the
following described lands situated in Washington Township, Franklin County, Ohio. As described in
ORV 9587, page D15 of the Franklin County Recorder's Office (Parcel # 273 - 003197). Being both
Reserve "A" and Reserve "B" of Brandon, Section 1, Phase 1 as shown of record in Plat Book 64, page
64, Recroders Office, Franklin County, Ohio.
The easement shall be a ten (10) foot by fifteen (15) foot strip of land for the installation of a pole
anchor(s) as constructed on the above described property. The approximate location of said easement is
depicted on Exhibit A, attached hereto and incorporated herein.
This Easement conveys all necessary and convenient rights for the Easements use, including, without
limitation, the rights to: construct, operate, maintain, inspect, protect, repair, replace, enlarge, upgrade,
extend and remove utility facilities and relocate within the Easement, all necessary and convenient
facilities which include but are not limited to: guy wires, anchors, stubs, brace poles and associated
equipment; perform grading or filling for such facilities; cut, trim, remove and/or otherwise control, with
herbicides or by other means, at Grantee's option,(without any liability to Grantor), any trees, limbs or
branches, brush, shrubs, undergrowth, of whatever size, buildings, structures, or other obstructions that in
Grantee's reasonable judgment endangers or will endanger or interfere with the safety or use of its
facilities, both within and adjoining the Easement. Within the Easement, Grantor shall not place any
structures, piles or debris, interfere with lateral support, 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. 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 of Grantee's choosing, without the need for a new easement.
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 use its property in a manner consistent with all applicable safety rules and regulations for working
near electric lines. 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 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 successors, assigns, lessees, licensees, heirs and legal representatives, and
if any term hereunder is held invalid, the remainder shall not be affected thereby.
WITNESS, Grantor(s) signed this Easement on the day of , 20_
Village of Dublin, Ohio
Print Name
Title
STATE OF OHIO,
COUNTY OF
The foregoing instrument was acknowledged before me this
2014, by
Of Dublin, Ohio.
(name(s)
day of ,
(title) of the Village
Notary Public
My Commission Expires
Easement prepared by Ohio Power Company VPC
CALL BEFORE YOU DIG !!! Address Brand Road Park Dwg. No. WO W002506201
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Village of Dublin
Park District
Brandon Sec. 1 Ph 1
273 - 003197 -00
EXHIBIT "A"
10' x 15'
Easement