Explanation
Background: The Columbus Southern Power Company has requested that the City of Columbus grant a perpetual non-exclusive subsurface easement in, under, and through certain real property adjacent to Loreto Lane, which is located in the vicinity Waggoner Road and Wengert Road. The improved electrical service provided by the underground power line will benefit the City. After investigation, it has been determined that the granting of the requested easement will not adversely affect the City and should be granted at no charge. The following legislation authorizes the Director of the Department of Recreation and Parks to execute those instruments necessary to grant the requested easement.Fiscal Impact: N/AEmergency Justification: Emergency action is requested as not to delay the benefit to the City, which will result from the construction and installation of the electric power line.
Title
To authorize the Director of the Department of Recreation and Parks to execute those instruments necessary for the granting of a perpetual non-exclusive subsurface easement to Columbus Southern Power Company, located at Loreto Lane, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, the Columbus Southern Power Company has requested that the City of Columbus grant a perpetual non-exclusive subsurface easement in, under, and through certain City owned real property adjacent to Loreto Lane, which is located in the vicinity Waggoner Road and Wengert Road; and
WHEREAS, the improved electrical service provided by the underground power line will benefit the City and
WHEREAS, after investigation, it has been determined that the granting of the requested easement will not adversely affect the City and should be granted at no charge; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Recreation and Parks in that it is immediately necessary to authorize the Director to execute those instruments, prepared and approved by the Real Estate Division, Department of Law, necessary to grant an easement to the Columbus Southern Power Company so as not to delay the resulting benefit to the City, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Department of Recreation and Parks be and hereby is authorized to execute those documents, prepared by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive subsurface easement in, under, and through the following described real property, for so long as said easement is used for the purposes herein mentioned, to install, construct, reconstruct, operate, maintain, repair and remove an underground electric service cable and appurtenance thereto (the "improvement"):
Subsurface Easement in Reserve "D"
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of the 4th quarter of Township 1, Range 16, United States Military Lands and being part of Reserve "D" of Creekstone Section II, Part IV, as recorded in Plat Book 101, Page 23, all references contained herein are to records of the Recorder's Office, Franklin County, Ohio, and conveyed to the City of Columbus, Ohio, as recorded in Instrument Number 200212200327620, and being more particularly described as follows:
Beginning at the northeasterly corner of said Reserve "D", said point also being in the southerly line of a parcel of land conveyed to S & J Real Estate Investment Co., Ltd., as recorded in Instrument Number 200010310220067 and in the westerly right-of-way line of Loreto Lane, as made a part of said Creekstone Section II, Part IV;
Thence S 00º 10' 44" E, 80.70 feet, along the said westerly right-of-way line of Loreto Lane, to a point, said point being the southeasterly corner of said Reserve "D" and the northeasterly corner of Lot 131 of said Creekstone Section II, Part IV;
Thence S 81º 18' 49" W, 20.22 feet, along the southerly line of said Reserve "D" and the northerly line of said Lot 131, to a point;
Thence N 00º 10' 44" W, 82.17 feet to a point, said point being in the northerly line of said Reserve "D" and the southerly line of said S & J Real Estate Investment Co., Ltd. lands;
Thence N 85º 27' 35" E, 20.06 feet, along the northerly line of said Reserve "D" and the southerly line of said S & J Real Estate Investment Co., Ltd. lands, to the Point Of Beginning, containing 0.037 acres of land, more or less.
Bearings are based on a bearing of S 00º 10' 44" E for the centerline of said Loreto Lane as referenced in said Creekstone Section II, Part IV.
Subsurface Easement in Reserve "E"
Situated in the State of Ohio, County of Franklin, City of Columbus being part of the 4th quarter of Township 1, Range 16, United States Military Lands and being part of Reserve "E" of Creekstone Section II, Part IV, as recorded in Plat Book 101, Page 23, all references contained herein are to records of the Recorder's Office, Franklin County, Ohio, and conveyed to the City of Columbus, Ohio, as recorded in Instrument Number 200212200327620, and being more particularly described as follows:
Beginning at the northwesterly corner of said Reserve "E", said point being in the southerly line of a tract of land conveyed to S & J Real Estate Investment Co., Ltd., as recorded in Instrument Number 200010310220067 and being in the easterly right-of-way line of Loreto Lane, as made a part of said Creekstone Section II, Part IV;
Thence N 78º 59' 13" E, 20.36 feet, along the northerly line of said Reserve "E" and the southerly line of said S & J Real Estate Investment Co., Ltd. lands, to a point;
Thence S 00º 10' 44" E, 94.10 feet to a point in the southerly line of said Reserve "E" and the northerly line of Lot 182 of said Creekstone Section II, Part IV;
Thence S 89º 49' 16" W, 20.00 feet, along the southerly line of said Reserve "E" and the northerly line of said Lot 182, to a point, said point also being in the easterly right-of-way line of said Loreto Lane;
Thence N 00º 10' 44" W, 90.27 feet, along the westerly line of said Reserve "E" and the easterly right-of-way line of said Loreto Lane, to the Point Of Beginning, and containing 0.042 acres of land, more or less.
Bearings are based on a bearing of S 00º 10' 44" E for the centerline of said Loreto Lane as referenced in said Creekstone Section II, Part IV.
Prior Instrument Reference: Instrument Number 200212200327620,
Recorder's Office, Franklin County, Ohio.
Section 2. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.