Qb\0 City of Troy

TROY CITY COUNCIL

COMMITTEE MEETING NOTICE
COUNCIL CHAMBERS, CITY HALL
100 S. MARKET STREET, TROY, OHIO
WEDNESDAY. OCTOBER 15. 2014, 5:30 PM
Utilities Committee (Tremblay [Chm.], Clark, Twiss)
1. Provide a recommendation to Council regarding authorizing the Board of Park Commissioners to
grant an electric right of way and easement to DP &L related to the placement of the lighthouse
structure (gift of The Troy Foundation) at Treasure Island Park. Consideration of emergency
legislation requested.
Other Committees/items may be added.
10-13-2014
cc: Council
Mayor
Mr. Titterington
Mr. Livingston
Mr. Stickel
Department Heads
Chamber of Commerce
Government Class
Board of Education
Media
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Q'{\\Q City of Tr()y
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MEMORANDUM
TO: Mrs. Baker, President of Council
Patrick E. J. Titterington
I - - -
100 S. Market Street
P. 0 . Box 3003
Troy, Ohio 45373
www.troyohio.gov
phone: (937) 335- 1725
. . . -
fax: (937) 339-8601
patrick.titterington@troyohio.gov
FROM: Patrick E. J. Titterington, Director of Public Service and Safety
DATE:
SUBJECT:
October 10, 2014
GRANTING ELECTRIC RIGHT OF WAY AND EASEMENT TO DP&L RELATED TO LIGHTHOUSE
PLACEMENT
RECOMMENDATION:
That Council authorizes the Board of Park Commissioners to execute an electric right of way and easement to the Dayton
Power and Light Company (DP&L) related to the placement of the lighthouse structure in Treasure Island Park.
BACKGROUND:
At the meeting of the Board of Park Commissioners held on October 7, the Board approved a motion that Council
authorize the Board of Park Commissioners to enter into an electric right of way and easement document with DP&L to
provide for an underground easement related to the placement of the lighthouse structure at Treasure Island Park. The
lighthouse is the Bicentennial Legacy Gift to the City in recognition of the Bicentennial.
The execution of the document with DP&L will allow for work to be done that will include elimination of a pole and
overhead line (over the river) and establishing underground utilities. The underground utility work will include boring a
hole from the transformer substation that is located between the Hobart Arena and the levee area to the other side of the
river. A copy of the right of way and easement document is attached.
As the utility work needs to be completed prior to the installation of the lighthouse, the consideration of emergency
legislation is requested.
REQUESTED ACTION:
It would be appreciated if you would assign to a Committee of Council consideration authorizing the Board of Park
Commissioners to execute an electric right of way and easement to the Dayton Power and Light Company (DP&L) as
discussed herein.
Encl.
cc: Mayor Beamish
THE DAYTON POWER AND LIGHT COMPANY
GRANT FOR ELECTRIC RIGHT OF WAY AND EASEMENT
Know all men by these presents that: Board of Park Commissioners of the City of
Troy, Ohio
(hereinafter "Granter"}, for valuable consideration provided by THE DAYTON POWER AND
LIGHT COMPANY, an Ohio Corporation (hereinafter " Grantee"}, does hereby grant to The
Grantee and its successors and assigns forever, a right of way and easement for any and all
purposes for which electric energy is now or may hereafter be used, and also, to construct,
reconstruct, erect, add to, operate, maintain, use, remove, replace either overhead or
underground electric facilities consisting of poles, lines, structures, wires, cables, conduits,
manholes, anchors, grounding systems, communication circuits, fiber optic cables, equipment,
and all other necessary and incidental appurtenances contained in, over, upon, under and
through, subject to the conditions hereinafter on the following premises, viz:
Situated in City of Troy, County of Miami, State of Ohio, and being part of O.L. 292 (22.5 acres}
and part of O.L.261 (37.0 acres} on the revised plat of the City of Troy, Ohio, and being part of
the premises described in a Quit Claim deed recorded in Book 264 page 477 of the deed
records of Miami County, Ohio.
Said right of way and easement shall be TEN (10) feet in width and the centerline shall
be approximately along the following course identified on Exhibit "A" attached hereto and made
a part hereof.
The Grantee, its successors and assigns, its agents, contractors and employees will
have the right of ingress and egress over the right of way and the adjoining premises of The
Granter for all purposes previously stated, together with the right to trim, cut, and remove or
otherwise control trees, roots, undergrowth or overhanging branches or other obstructions both
within and without the limits of the right of way and easement which according to The Grantee's
standards and its opinion may interfere with the construction, maintenance, use or successful
operation of the electric facilities.
No buildings or other structures shall be erected within the limits of the said right of way
and easement by The Grantor(s}. No excavating or filling shall be done or be permitted by The
Granter within the right of way and easement that would either (A) reduce or add to the distance
between The Grantee's facilities and the land surface without The Grantee's prior written
consent and which consent will not be unreasonably withheld, (B} impair The Grantee's ability to
maintain the facilities or (C} create a hazard.
The Grantor(s) shall have the right to use the land within the easement area in any
manner not inconsistent within this grant for right of way and easement.
Sheet 1of3
The Grantee, its successors and assigns, shall reimburse The Grantor(s) for any damage
or loss to growing crops and other property damages that may be caused by The Grantee, its
agents, contractors or employees in construction, repair or removal of said electric facilities.
The Grantor(s) covenant with The Grantee, that they is/are the true and lawful owners of
the property herein described and have full power and authority to grant this right of way and
easement.
In the event that any road should be widened or relocated so that its right of way extends
onto The Grantee's right of way and easement herein provided for, The Grantee may, but shall
not be required to, relocate or reconstruct its facilities, so that The Grantee's right of way as
relocated has a center1ine of said right of way that shall not be more than five (5) feet off the
road right of way as widened or relocated.
The grant of right of way and easement shall run with the land and be binding on and
inure to the benefit of the parties, their heirs, successors, and assigns.
As used herein, words in plural number include words in the singular number.
IN WITNESS WHEREOF, the Grantor(s) have hereunto subscribed their names this __ day
of ,20 __ .
GRANTOR:
Board of Park Commissioners of the City of Troy, Ohio
TITLE: __________ _
STATE OF OHIO
SS:
COUNTY OF ________
The foregoing instrument was acknowledged before me this __ day of ___ _.
2o ___ by ________________________________________________ _
of the Board of Park Commissioners of the City of Troy, Ohio, Granter.
This Instrument Prepared By:
Real Estate Services Department
The Dayton Power and Light Company
1900 Dryden Rd.
Dayton, Ohio 45439
Project Number. 24995 elec-1
NOTARY PUBLIC
Sheet2of3
TITLE
CORP. 1X1
Board of Park Commissioners of the
City of Troy, Ohio
TWP. O
Troy
COUNTY
.S.NO.
DRAWN
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The Dayton
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9-24-14 24995
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Out Lot 292 ' // u>"Oo
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EXHIBIT 'A'
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PROJECT# : 31024995
STAl<EOUTWO#: 10071748
oes1GNTECH: Crabtree, Cheryl Sue PHONE: ____ _
DESIGN DATE: Page: 3 Of 3
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CITY OF TROY - RELOCATE 3PH AT TREASURE ISLAND PARK
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Dayton Power and Light Staking Sheet
CUSTOMERNM1E: CITY OF TROY
ADDRESS: 439 N ELM ST
TWP/CITY: TROY ZIP: 45373
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0401 - Trov Coro - Miami

SUEVMSION: -------
____ _
JOINT TRENCH: l!.Q__
BLANKET# :
GRID: E3024-A3
CIRCUIT : OF1218 TN'S: 12 KV (100%)
PHASE:
UPltlEFUSE : E4983 SIZE: 100K