Explanation
Background: The City of Columbus desires to grant the Columbus Southern Power Company a perpetual non-exclusive subsurface easement under certain City owned real property, located in the vicinity of Groves and South Hamilton Road. The subject property is the proposed site for the new Fleet Management Facility. The easement will allow the Columbus Southern Power Company to provide electricity to the new City facility. After investigation, the Public Service Department and the Department of Public Utilities have 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 Public Service 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 electric power line.
Title
To authorize the Director of the Public Service Department to execute those instruments necessary to grant a subsurface easement to the Columbus Southern Power Company, for the purpose of providing electrical services to the new Fleet Management Facility, located in the vicinity of Groves Road and South Hamilton Road, 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 under certain City owned real property, located in the vicinity of Groves and South Hamilton Road; and
WHEREAS, the subject property is the proposed site for the new Fleet Management Facility; and
WHEREAS, the easement will allow the Columbus Southern Power Company to provide electricity to the new City facility; and
WHEREAS, after investigation, the Public Service Department and the Department of Public Utilities have determined that the electrical service provided by the underground power line will benefit the City and should be granted 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 Public Service Department 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 to provide electricity to the new Fleet Management facility, 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 Public Service Department be and hereby is authorized to execute those documents, as prepared and approved by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive subsurface easement under the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 50, Township 12 North, Range 21 West, Refugee Lands and being a ten (10) foot wide electric easement in part of a 28.211 acre tract conveyed to the City of Columbus, Ohio by General Warranty Deed of record in Instrument Number 200510240222888, Recorder's Office, Franklin County, Ohio, said ten (10) foot wide electric easement being more particularly described as follows:
Beginning for reference at a found railroad spike in the centerline of Groves Road being the northeasterly corner of the said 28.211 acre tract and the northwesterly corner of a 6.505 acre tract transferred to MPO Properties, LLC by deed of record in Instrument Number 200509190194208, Recorder's Office, Franklin County, Ohio;
Thence S 04º 28' 31" W, a distance of 40.00 feet along the easterly line of the said 28.211 acre tract and the westerly line of the said 6.505 acre tract to a set iron pin in the southerly right-of-way line of said Groves Road;
Thence N 85º 30' 15" W, a distance of 570.00 feet, along the southerly right-of-way line of said Groves Road and across part of the said 28.211 acre tract to a point being the True Place Of Beginning;
Thence S 04º 29' 45" W, a distance of 195.00 feet across part of the said 28.211 acre tract to a point;
Thence N 85º 30' 15" W, a distance of 10.00 feet across part of the said 28.211 acre tract to a point;
Thence N 04º 29' 45" E, a distance of 195.00 feet across part of the said 28.211 acre tract to a point in the southerly right-of-way line of said Groves Road;
Thence S 85º 30' 15" E, a distance of 10.00 feet across part of the said 28.211 acre tract and along the southerly right-of-way of said Groves Road to the True Place Of Beginning, containing 0.045 acres (1,950.00 square feet).
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment) from a GPS survey by DLZ Ohio, Inc. in Dec. 2005 using Franklin County monuments Frank 32, Frank 44 and Frank 45.
This description prepared from available records and a field survey by DLZ Ohio, Inc. under the direction of Richard W. Conrad, Professional Surveyor No. 5041.
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.