Explanation
Background: The City of Columbus desires to grant the Columbus Southern Power Company a perpetual non-exclusive subsurface easement through certain City owned real property, located in the vicinity of Lazelle Road and Sancus Boulevard, more fully described within the body of this legislation. The Columbus Southern Power Company is to use the easement for the purpose of providing electricity to a City of Columbus, Ohio facility. After investigation, it has been 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 Public Utilities 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 electric power line.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary for the granting of a subsurface utility easement to the Columbus Southern Power Company, for the purposes of providing electrical services to a City facility, located in the vicinity of Lazelle Road and Sancus Boulevard, 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 City of Columbus desires to grant the Columbus Southern Power Company a perpetual non-exclusive subsurface easement through certain City owned real property, located in the vicinity of Lazelle Road and Sancus Boulevard, more fully described within the body of this legislation; and
WHEREAS, The Columbus Southern Power Company is to use the easement for the purpose of providing electricity to a City of Columbus, Ohio facility 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 City of Columbus in that it is immediately necessary to authorize the Director of the Department of Public Utilities 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 Director of the Department of Public Utilities 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:
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 1, Section 3, Township 3, Range 18, United States Military Lands being a 10 foot wide easement that lies in a 1.7309 acre tract described in Deed Volume 552, Page 599, to the City of Columbus Department of Public Utilities Division of Water and being further described herein;
Point Of Beginning at a point on the north right-of-way line of Lazelle Road and being on the east property line of said 1.7309 acre tract;
Thence N 86º 25' 37" W, a distance of 10.00 feet with the right-of-way to a point;
Thence, through said 1.7309 acre tract the following 12 (twelve) courses and distances:
1. N 03º 34' 23" E, a distance of 522.37 feet to a point;
2. N 85º 19' 33" W, a distance of 133.67 feet to a point;
3. S 03º 40' 16" W, a distance of 75.01 feet to a point;
4. N 85º 19' 33" W, a distance of 63.05 feet to a point;
5. S 04º 40' 27" W, a distance of 15.00 feet to a point;
6. N 85º 19' 33" W, a distance of 22.90 feet to a point in the west line of said 1.7309 acre tract;
7. N 03º 34' 23" E, along the west line of said 1.7309 acre tract, a distance of 10.00 feet to a point;
8. S 85º 19' 33" E, a distance of 13.10 feet to a point;
9. N 04º 40' 27" E, a distance of 15.00 feet to a point in a proposed chain link fence;
10. S 85º 19' 33" E, along a proposed chain link fence a distance of 62.87 feet to a point;
11. N 03º 40' 16" E, along a proposed chain link fence a distance of 75.01 feet to a point;
12. S 85º 19' 33" E, along an existing chain link fence, a distance of 153.66 feet to a point in the east line of said 1.7309 acre tract;
Thence S 03º 34' 23" W, along the east line of said 1.7309 acre tract, a distance of 532.18 feet to the Point Of Beginning, containing 0.193 acres, more or less.
Basis of bearings is centerline of County Road 6 (Lazelle Road) being N 86º 25' 37" W, Ohio State Plane Coordinates System, South Zone.
The above legal description is based on and referenced to an exhibit prepared by Floyd Browne Group, Inc. dated July 28, 2005, attached hereto and made a part hereof.
All references are to the records of the Recorder's Office, Delaware County, Ohio.
Floyd Brown Group, Mark Alan Smith, P.S. No. 8232, 8/1/05.
Delaware County Tax Parcel Number 31834401011000.
Prior Instrument Reference: D.B. Vol. 552, Pg. 599,
Recorder's Office, Delaware County, Ohio.
For reference only, the foregoing described easement is granted through City owned real property commonly known as the Lazelle Road Water Tank Site.
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 329.29 (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.