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File #: 2137-2012    Version: 1
Type: Ordinance Status: Passed
File created: 9/25/2012 In control: Finance Committee
On agenda: 10/22/2012 Final action: 10/24/2012
Title: To authorize the Director of the Department of Finance and Management to execute a Quitclaim Deed of Easement and all ancillary instruments necessary to grant the Ohio Power Company an easement for the purpose of providing electrical service to City-owned real property at 4260 Morse Road Columbus, Ohio; and to declare an emergency.
Explanation
Background:  The City of Columbus, Ohio ("City"), desires to grant the Ohio Power Company ("AEP") a perpetual non-exclusive subsurface easement in, on, under, across, and through City-owned real property commonly know as 4260 Morse Road Columbus, Ohio, Franklin County PID 600-150029.  AEP will use the easement area, which is more fully described within the body of this legislation, for the purpose of providing electricity to the City's facilities at 4260 Morse Road Columbus, Ohio.  After investigation by the Department of Finance and Management, it was determined that the electrical service provided by the underground power line will benefit the City and should be granted at no charge.  The following legislation authorizes the Director of the Department of Finance and Management to execute a Quitclaim Deed of Easement and all ancillary instruments necessary to grant this easement.
Fiscal Impact:  N/A
Emergency Justification:  Emergency action is requested so to not delay the benefit to the City, which will result from the installation of the electric power line.
 
Title
To authorize the Director of the Department of Finance and Management to execute a Quitclaim Deed of Easement and all ancillary instruments necessary to grant the Ohio Power Company an easement for the purpose of providing electrical service to City-owned real property at 4260 Morse Road Columbus, Ohio; and to declare an emergency.
 
Body
WHEREAS, The City of Columbus, Ohio ("City"), desires to grant the Ohio Power Company ("AEP") a perpetual non-exclusive subsurface easement in, on, under, across, and through City-owned real property at 4260 Morse Road Columbus, Ohio; and
 
WHEREAS, AEP is to use the easement, which is more fully described within the body of this legislation, for the purpose of providing electricity to the to the City's facilities at the aforementioned described real property; and
 
WHEREAS, after investigation by the Department of Finance and Management, it was determined that the electrical service provided by the underground power line will benefit the City and should be granted at no charge; and
 
WHEREAS, the following legislation authorizes the Director of the Department of Finance and Management to execute a Quitclaim Deed of Easement and all ancillary instruments necessary to grant this easement; and
 
WHEREAS, an emergency exists in the usual daily operation of the City, because it is immediately necessary to authorize the Director of the Department of Finance and Management to execute a Quitclaim Deed of Easement and all ancillary instruments, as approved by the Columbus City Attorney's Office, Real Estate Division, to grant a perpetual non-exclusive subsurface easement to the Ohio Power Company to provide electricity to City-owned real property at 4260 Morse Crossing, Columbus, OH 43230, 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. The Director of the Department of Finance and Management is authorized to execute a Quitclaim Deed of Easement and all ancillary instruments, as approved by the City Attorney's Office, Real Estate Division, necessary to grant the Ohio Power Company a perpetual non-exclusive subsurface easement in, on, under, across, and through the following described City-owned real property for the purpose of providing electrical service:
0.03243 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a easement within part of a 69.59 acre parcel of land located in Section 4, Township 2, Range 17, United States Military District as conveyed to the City of Columbus in Deed Volume 2282, Page 360 (All records being on file in the Recorder's Office, Franklin County, Ohio), and said easement being more particularly described as follows:
Commencing at Franklin County Control Monument FCGS 1553 found at the centerline of right of way intersection of Morse Road and Cherry Bottom Road;
Thence along the centerline of Morse Road, North 85° 55' 54" West, for a distance of 1079.71 feet to a point;
Thence leaving the centerline of Morse Road, North 09° 41' 14" East, for a distance of 30.15 feet to a point on the northerly right of way line of Morse Road, also being on the southerly line of said 69.59 acre City of Columbus parcel, and being the True Place of Beginningof the easement herein described;
Thence along the northerly right of way line of Morse Road and the southerly line of said 69.59 City of Columbus parcel, North 85° 55' 55" West, for a distance of 20.10 feet to a point;
Thence leaving the northerly right of way line of Morse Road and the southerly line of said 69.59 acre City of Columbus parcel, and passing through said City of Columbus parcel, the following thirteen (13) courses and distances:
1.      North 09° 41' 14" East, for a distance of 31.17 feet to a point;
2.      North 30° 00' 03" West, for a distance of 49.38 feet to a point;
3.      North 86° 01' 14" West, for a distance of 516.07 feet to a point;
4.      North 03° 58' 17" East, for a distance of 105.00 feet to a point:
5.      South 86° 01' 14" East, for a distance of 20.00 feet to a point;
6.      South 03° 58' 17" West, for a distance of 85.00 feet to point;
7.      South 86° 01' 14" East, for a distance of 355.67 feet to a point;
8.      North 03° 58' 17" East, for a distance of 8.00 feet to a point;
9.      South 86° 01' 14" East, for a distance of 20.00 feet to a point;
10.      South 03° 58' 17" West, for a distance of 8.00 feet to a point;
11.      South 86° 01' 14" East, for a distance of 131.04 feet to a point;
12.      South 30° 00' 03" East, for a distance of 67.20 feet to a point;
13.      South 09° 41' 14" West, for a distance of 36.42 feet to the True Place of Beginning, and containing within said bounds 0.3243 acres or 14,128 square feet of land, more or less, in Franklin County Permanent Auditor's Parcel Number 600-150029, and is subject to all other legal highways and easements of record.
The bearings are based on grid north, derived from the Ohio State plane coordinate system, south zone, and the North American datum of 1983 (1986 adjustment), as established using a GPS survey between Franklin County Survey Control Monuments COC45-82 and COC46-82.
The above description was prepared under the direction and supervision of Chad Stewart Snow, Registered Professional Surveyor No. 8559 in September 2012, and is based on an original survey made by ms consultants, inc. in June, 2007 and updated in September 2011.
Section 2. For the reasons stated in this ordinance's preamble, which is made a part of this ordinance, this ordinance is 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 (10) days after its passage if the Mayor neither approves nor vetoes the same.