Explanation
BACKGROUND:
The City owns real property located at 0000 State Route 257 South, Delaware, Ohio 43015{Delaware County Tax Parcel 500-310-01-002-000} (“Property”). The property is managed by the Department of Public Utilities and Recreation and Parks and is further described and recorded in O.R. 1007, Pg. 2157, Recorder’s Office, Delaware County, Ohio. As part of their Northern Loop Project, Columbia Gas of Ohio, Inc. (“Columbia Gas”) is requesting perpetual 0.365 and 0.097 acre Subsurface Easements for the installation of a natural gas line together with 0.731 and 0.194 acre Temporary Easements for the construction of the line and perpetual 0.073 and 0.019 acre Surface Access Easements for pipeline inspection purposes (Collectively the “Easements”). The line will run under the Scioto River at a point north of the O'Shaughnessy Reservoir. Finance, the Department of Public Utilities (“DPU”) and Columbia have done extensive reviews of the plans in an effort to preserve the natural state of the land, limit the environmental impact of the construction, and limit any potential impacts to the water quality. With safeguards in place such as horizontal directional drilling under the river and across the Property and no surface impacts to City property, Finance and DPU support granting Columbia Gas the Easement provided that (i) Columbia pays the City a fair market value of $180,000.00, (ii) Columbia complies with all terms and conditions of the easements, Restoration Agreement, and Inadvertent Release and Waterway Mitigation Plan, and (iii) the Easement is non-exclusive.
To authorize the director of the Department of Finance and Management, with the approval of the director of Department of Public Utilities and the director of the Recreation and Parks Department, to execute and acknowledge any document(s), as approved by the City Attorney, necessary to quitclaim grant Columbia Gas of Ohio, Inc. the non-exclusive Easements; and to declare an emergency.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Not applicable
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to allow for the granting of the Easements so that Columbia Gas may immediately install the gas line immediately thereby allowing the project to be completed without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
Title
To authorize the Director of the Department of Finance and Management, with the approval of the Director of Department of Public Utilities and the Director of the Recreation and Parks Department, to execute and acknowledge any document(s), as approved by the City Attorney, necessary to quitclaim grant Columbia Gas of Ohio, Inc. non-exclusive easements burdening a portion of the City’s real property located at State Route 257 South, Delaware, Ohio 43015; and to declare an emergency.
Body
WHEREAS, the City intends to quitclaim grant Columbia Gas of Ohio, Inc. (“Columbia Gas”) perpetual 0.365 and 0.097 acre Subsurface Easements for the installation of a natural gas line together with 0.731 and 0.194 acre Temporary Easements for the construction of the line and perpetual 0.073 and 0.019 acre Surface Access Easements to for pipeline inspection purposes (Collectively the “Easements”), burdening a portion of the City’s property located at State Route 257 South, Delaware, Ohio 43015{Delaware County Tax Parcel 500-310-01-002-000} (“Property”), in order to construct and maintain a pipeline for the transmission of odorized natural gas; and
WHEREAS, the City intends to quitclaim grant to Columbia Gas the Easements provided (i) Columbia pays the City a fair market value of $180,000.00, (ii) Columbia complies with all terms and conditions of the easements, Restoration Agreement, and the Inadvertent Release and Waterway Mitigation Plan, and (iii) the Easement is non-exclusive; and
WHEREAS, the City intends for the director of the Department of Finance, with the approval of the director of Public Utilities and the director of the Recreation and Parks Department, to execute and acknowledge any document(s) necessary to quitclaim grant the Easements to Columbia Gas; and
WHEREAS, the City intends for the City Attorney to approve all document(s) associated with this ordinance; and
WHEREAS, an emergency exists in that it is immediately necessary to grant the easements in order to prevent unnecessary delay in completing the pipeline project, for the immediate preservation of the public peace, property, health, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the Director of the Department of Finance and Management, with the approval of the Director of Public Utilities and the Director of the Recreation and Parks Department, is authorized to execute and acknowledge those document(s), as approved by the Department of Law, Real Estate Division, necessary to quitclaim grant to Columbia Gas of Ohio, Inc.(“Columbia Gas”) and its successors and assigns perpetual 0.365 and a 0.097 acre Subsurface Easements for the installation of a natural gas line together with 0.731 and 0.194 acre Temporary Easements for the construction of the line and perpetual 0.073 and 0.019 acre Surface Access Easements for pipeline inspection purposes (Collectively the “Easements”) . The Easements will burden a portion of the City’s real property located at State Route 257 South, Delaware, Ohio 43015{Delaware County Tax Parcel 500-310-01-002-000} (“Property”) and are described and depicted in the nine (9) page attachment, Exhibit A, which is fully incorporated for reference as if rewritten, in order for Columbia Gas to construct and maintain certain subsurface gas pipelines and associated appurtenances for the transmission of odorized natural gas.
SECTION 2. That the City Attorney is required to preapprove all document(s) to be executed by the City pursuant to this ordinance.
SECTION 3. That for the reasons stated in the preamble of this ordinance, which are fully incorporated into this ordinance as if rewritten, this resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.