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File #: 1950-2015    Version: 1
Type: Ordinance Status: Passed
File created: 7/9/2015 In control: Recreation & Parks Committee
On agenda: 7/27/2015 Final action: 7/30/2015
Title: To authorize the director of the Columbus Recreation and Parks Department to execute and acknowledge any instrument(s), as approved by the City Attorney and in consideration of Two Thousand and 00/100 U.S. Dollars ($2,000.00), necessary to transfer to the Ohio Power Company, an Ohio corporation d.b.a. AEP, a nonexclusive, subsurface, electric utility easement in, through, under, and burdening a portion of the Raymond Memorial Golf Course in order to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground electric lines and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses; and to declare an emergency. ($0.00)
Attachments: 1. Ex-A

EXPLANATION

 

BACKGROUND:

 

The City owns real property located at 1900 Wilson Road, Columbus, Ohio 43228 {Franklin County Tax Parcel 560-154646}, which is commonly known as the Raymond Memorial Golf Course (“Property”) and managed by the Columbus Recreation and Parks Department (CRPD). The Ohio Power Company, an Ohio corporation doing business as American Electric Power (“AEP”), requests a nonexclusive, subsurface, electric utility easement in, through, under, and burdening a portion of the Property in order to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground electric lines and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses (“Easement”). CRPD reviewed and supports granting AEP the Easement in consideration that (i) the Easement supports electricity service in the Property’s vicinity, and (ii) AEP is compensating the City Two Thousand and 00/100 U.S. Dollars ($2,000.00) for granting the Easement.

 

CONTRACT COMPLIANCE:                     

 

Not applicable.

 

FISCAL IMPACT:                     

 

The City’s receipt of monetary compensation from AEP will be deposited with CRPD’s Golf Division.

 

EMERGENCY JUSTIFICATION:                     

 

Emergency action is requested so to not hinder electrical service in the Property’s vicinity, which will preserve the public peace, health, property, safety, and welfare.

 

TITLE

 

To authorize the director of the Columbus Recreation and Parks Department to execute and acknowledge any instrument(s), as approved by the City Attorney and in consideration of Two Thousand and 00/100 U.S. Dollars ($2,000.00), necessary to transfer to the Ohio Power Company, an Ohio corporation d.b.a. AEP, a nonexclusive, subsurface, electric utility easement in, through, under, and burdening a portion of the Raymond Memorial Golf Course in order to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground electric lines and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses; and to declare an emergency. ($0.00)

 

BODY

 

WHEREAS, the City supports granting the Ohio Power Company, an Ohio corporation doing business as American Electric Power (i.e. AEP), a nonexclusive, subsurface, electric utility easement in, through, under, and burdening a portion of the Raymond Memorial Golf Course (i.e. Property) in order for AEP to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground electric lines and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses (i.e. Easement);

 

WHEREAS, the City intends to grant AEP the Easement in consideration that (i) the Easement supports electricity service in the Property’s vicinity, and (ii) AEP is compensating the City Two Thousand and 00/100 U.S. Dollars ($2,000.00) for granting the Easement;

 

WHEREAS, the City intends for the director of CRPD to execute and acknowledge any instrument(s) necessary to grant the Easement to AEP;

 

WHEREAS, the City intends for the City Attorney to approve all instrument(s) associated with this ordinance; and

 

WHEREAS, an emergency exists in the usual daily operation of CRPD in that it is immediately necessary to grant the Easement in order to prevent delay of electric service in the Property’s vicinity, which will preserve the public peace, property, health, welfare, and safety; and now, therefore

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:

 

SECTION 1.                     The director of the Columbus Recreation and Parks Department (CRPD) is authorized to execute and acknowledge any instrument(s) necessary to quit claim grant to the Ohio Power Company, an Ohio corporation doing business as AEP (i.e. AEP), and AEP’s successors and assigns a nonexclusive, subsurface, electric utility easement in, through, under, and burdening the 0.037 acre, more or less, tract of easement area and portion of 1900 Wilson Road, Columbus, Ohio 43228 {Franklin County Tax Parcel 560-154646} commonly known as the Raymond Memorial Golf Course (i.e. Property) described and depicted in the attachment, Exhibit-A, which is fully incorporated into this ordinance for reference, in order for AEP to install, control, construct, reconstruct, replace, operate, maintain, repair, upgrade, and remove underground electric lines and associated appurtenances for the distribution, delivery, and service of electrical energy and impulses (i.e. Easement).

 

SECTION 2.                     The granting of the Easement to AEP is contingent upon the City’s receipt of consideration in the form of monetary compensation of Two Thousand and 00/100 U.S. Dollars ($2,000.00) from AEP, which will be deposited with CRPD’s Golf Division - OCA 055155.

 

SECTION 3.                     The City Attorney is required to approve any instrument(s) associated with this ordinance. 

 

SECTION 4.                     For the reasons stated in the preamble of this ordinance, which are made a part of this ordinance, this ordinance is declared an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor, or 10 days after this ordinance’s passage if the Mayor neither approves nor vetoes this ordinance.