Explanation
The Department of Public Utilities, Division of Power and Water ("City"), desires to grant Consolidated Electric Cooperative, Inc. ("CEC"), an Ohio corporation, a temporary electric utility easement on and under certain City real property, located in the vicinity of Taway Road, and Mooney Road, in Delaware and Union Counties, Ohio. The easement, more fully described within the body of this legislation, will provide temporary electrical service necessary for the construction of the City's Upground Reservoir project. The Division of Water has determined that granting the temporary easement is in the best interest of the City and should be at no charge. The following legislation authorizes the Director of the Public Utilities Department to execute those instruments necessary to grant the requested easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to delay the benefit to the City, which will result from the construction and installation of the temporary electric equipment.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to grant a temporary utility easement to Consolidated Electric Cooperative, Inc., an Ohio corporation, for the purpose of providing temporary electrical service necessary for construction of the City's Upground Reservoir project, located in the vicinity of Taway Road, and Mooney Road, in Delaware and Union Counties, Ohio, and to declare an emergency.
Body
WHEREAS, the Department of Public Utilities, Division of Power and Water ("City"), desires to grant Consolidated Electric Cooperative, Inc. ("CEC"), an Ohio corporation, a temporary electric utility easement on and under certain City real property, located in the vicinity of Taway Road, and Mooney Road, in Delaware and Union Counties, Ohio; and
WHEREAS, the temporary easement, more fully described within the body of this legislation, will provide temporary electrical service necessary for the construction of the City's Upground Reservoir project; and
WHEREAS, the Division of Water has determined that the electrical service provided by CEC will benefit the City, and that it is in the best interest of the City to grant the easement at no charge, and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Director of the Department of Public Utilities to execute those instruments approved by the Real Estate Division, Department of Law, necessary to grant a temporary utility easement to the CEC in order to provide temporary electrical service to City's Upground Reservoir project, 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 Director of the Department of Public Utilities be and hereby is authorized to execute those documents approved by the Real Estate Division, Department of Law, necessary to grant a non-exclusive temporary electric utility easement to Consolidated Electric Cooperative, Inc. , an Ohio corporation, on and under the following described real property, for the purpose of providing temporary electrical service necessary for the construction of the City's Upground Reservoir project:
6.348 +/- acres
Situated in the State of Ohio, County of Delaware, Thompson Township, Virginia Military Survey, and being part of Lot 29 of Virginia Military Survey Number 3020, part of Lot 37 of Virginia Military Survey Number 5750, and part of Virginia Military Survey 6293, said easement also being in the County of Union, Township of Claibourne, Virginia Military Survey, and being part of a 421.180 Acre Tract within Virginia Military Survey Number 3020 and 5750, as described in a Warranty Deed to the City of Columbus, Ohio in Deed Book 573, Page 769 and part of a 335.553 Acre Tract within Virginia Military Survey Number 6293 and 5750, as described in Deed Book 574, Page 360, both of record in the Recorder's Office, Delaware County, Ohio, and being part of a 147.465 Acre Tract within Virginia Military Survey Number 6293 as described in Official Record 120, Page 164 of record in the Recorder's Office, Union County, Ohio and said 20 foot wide Temporary Electric Easement being more particularly bounded and described as follows:
Commencing at a rail road spike found at the intersection of County Road 182, Taway Road, and Township Road 185, Mooney Road;
Thence South 02° 27' 27" West, along the centerline of Township Road 185, for a distance of 331.09 feet to an angle point in said road;
Thence South 01° 46' 00" West, continuing along the centerline of Township Road 185, for a distance of 687.56 feet to an angle point in said road;
Thence South 01° 48' 26" West, continuing along the centerline of Township Road 185, for a distance of 2,765.59 feet to a rail road spike found at an angle point in said road;
Thence South 11° 34' 17" East, continuing along the centerline of Township Road 185, for a distance of 592.03' feet to a rail road spike found, being at the southeasterly corner of said City of Columbus, Ohio 421.180 Acre Tract and being the northeasterly corner of a 5.026 acre tract described in a General Warranty Deed to Erich M. Reiselt and Christa A. Reiselt in Deed Book 464, Page 1364 of record in the Recorder's Office Delaware County, Ohio, said rail road spike being the True Place Of Beginning of the parcel herein described;
Thence South 78° 02' 54" West, leaving said centerline and following the southerly line of said 421.180 Acre Tract and the northerly line of said 5.026 Acre Tract, for a distance of 593.80 feet to a point;
Thence North 12° 05' 37" West, leaving said line and crossing through said 421.180 Acre Tract, for a distance of 361.42 feet to a point;
Thence South 78° 32' 10" West, passing the northeasterly corner of a 138.12 acre tract described to Warren Taylor at 25.00 and continuing along the northerly line of said 138.12 acre tract and the southerly line of said City of Columbus, Ohio 421.180 acre tract, for a distance of 1,157.62 feet to a point referenced by a found iron pin 2.97 feet to the north;
Thence South 76° 38' 59" West, continuing along the southerly line of said 421.180 acre tract and the northerly line of said 138.12 acre tract, for a distance of 2069.10 feet to a iron pin found at the southwesterly corner of said 421.180 acre tract and the southeasterly corner of said City of Columbus, Ohio 335.553 acre tract;
Thence South 77° 19' 01" West, continuing along the southerly line of said City of Columbus, Ohio 335.533 acre tract, and the northerly line of said 138.180 acre tract, and the northerly line of a 101.96 acre tract described as Parcel No. 1 to Terry S. Shilling, Trustee of the James E. Lehner Trust in Official Record 948, Page 1896, of record in the Recorder's Office, Delaware County, Ohio, and the northerly line of a 100 acre tract described in a deed to Vera Marie Schultz in Official Record 581, Page 350 of record in the Recorder's Office, Delaware County, Ohio, for a distance of 3,897.54 feet to a concrete monument found on the Union County and Delaware County line;
Thence South 77° 39' 31" West, continuing along the southerly line of said City of Columbus, Ohio 335.553 acre tract and along the northerly line of 17.21 acre tract described in a deed to Vera Marie Schultz in Deed Book 344, Page 379 of record in the Recorder's Office, Union County, Ohio, for a distance of 80.35 feet;
Thence leaving the southerly line of said 335.553 acre tract and passing through the said lands of the Grantor (335.533 acre, 147.465 acre, and 421.180 acre tracts) the following twenty one (21) courses;
1). South 82° 54' 01" West, for a distance of 248.10 feet to a point;
2). North 26° 58' 37" West, for a distance of 671.97 feet to a point;
3). North01° 32' 33" East, for a distance of 371.13 feet to a point;
4). North 00° 53' 58" East, for a distance of 486.24 feet to a point;
5). North 01° 24' 21" East, for a distance of 444.43 feet to a point;
6). North 24° 43' 48" West, for a distance of 799.76 feet to a point;
7). North 01° 54' 02" East, for a distance of 2,656.42 feet to a point;
8). South 88° 53' 22" East, for a distance of 20.00 feet to a point;
9). South 01° 54' 02" West, for a distance of 2,652.16 feet to a point;
10). South 24° 43' 48" East, for a distance of 799.45 feet to a point;
11). South 01° 24' 21" West, for a distance of 448.98 feet to a point;
12). South 00° 53' 58" West, for a distance of 486.26 feet to a point;
13). South 01° 32' 33" West, for a distance of 366.16 feet to a point;
14). South 26° 58' 37" East, for a distance of 652.85 feet to a point;
15). North 82° 54' 01" East, for a distance of 233.15 feet to a point;
16). North 77° 39' 31" East, for a distance of 79.38 feet to a point;
17). North 77° 19' 01" East, for a distance of 3,896.03 feet to a point;
18). North 76° 38' 59" East, for a distance of 2,070.64 feet to a point;
19). North 78° 32' 10" East, for a distance of 1,177.73 feet to a point;
20). South 12° 05' 37" East, for a distance of 361.25 feet to a point;
21). North 78° 02' 57" East, for a distance of 573.97 feet to a point in the centerline of Township Road 185;
Thence South 11° 34' 17" East, with the centerline of said road, for a distance of 20.00 feet to the True Place of Beginning, and containing within said bounds 6.348 acres of land, 3.709 acres being in Delaware County and 2.639 acres in Union County, more or less, and is subject to all other legal highways and easements of record.
The bearings referenced herein are based on grid north, derived from the Ohio State Plane Coordinate System, North Zone, NAD 83 (86), as established using a GPS survey between Delaware County Control Monuments 16-0003 and 97-221.
The above description was prepared under the direct supervision of Richard John Swan, Ohio Registered Professional Surveyor No. 6574 from an actual field survey performed by ms consultants, inc. and from record documents on file in the Recorder's Office, Delaware County, Ohio and Recorder's Office, Union County, Ohio.
ms consultants, inc. Richard John Swan Registered Professional Surveyor No. 6574
Section 2. 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.