Explanation
In 1995, the City and the State of Ohio, acting through the Ohio Arts and Sports Facilities Commission, now known as the Ohio Cultural Facilities Commission ("OCFC") entered into a lease agreement for the property formerly know as Central High School for the purpose of operating a museum of science and industry. Subsequently, OCFC entered into a Funding and Management Agreement with COSI-Columbus to operate and maintain the museum. The Columbus Southern Power Company ("AEP"), an Ohio corporation, presently requests the City grant an easement on the COSI leased property in order to install an electrical switch cabinet for the purposes of avoiding electrical conflicts with the Scioto Mile project's existing infrastructure and providing additional service capacity to the vicinity. In order to eliminate any adverse affect to the City and the COSI leased property, AEP has agreed to construct the switch cabinet in a manner that will not interfere with COSI's site improvements or access to its improvements, and upon completion of the construction, to landscape and plant trees to mitigate the presence of the equipment.
The Department of Finance and Management has investigated and received approval from OCFC and COSI to grant the easement, and has determined that, in exchange for the landscaping mitigation and other considerations, it is in the best interest of the City to grant the easement at no charge. The following legislation authorizes the Director of the Department of Finance and Management to execute those instruments necessary to grant the requested easement.
Fiscal Impact: N/A
Emergency Justification: The construction of the switch cabinet is proposed for Spring 2011 to coincide with the completion schedule for the Town Street Bridge, emergency action is requested as not to delay the benefit to the City.
Title
To authorize the Director of the Department of Finance and Management to execute those instruments necessary to grant a perpetual non-exclusive electric utility easement to the Columbus Southern Power Company in the vicinity of Belle Street and Town Street; and to declare an emergency.
Body
WHEREAS, in 1995, the City and the State of Ohio, acting through the Ohio Arts and Sports Facilities Commission, now known as the Ohio Cultural Facilities Commission ("OCFC") entered into a lease agreement for the property formerly know as Central High School for the purpose of operating a museum of science and industry; and
WHEREAS, subsequently, OCFC entered into a Funding and Management Agreement with COSI-Columbus to operate and maintain the museum; and
WHEREAS, the Columbus Southern Power Company ("AEP"), an Ohio corporation, presently requests the City grant an easement on the COSI leased property in order to install an electrical switch cabinet for the purposes of avoiding electrical conflicts with the Scioto Mile project's existing infrastructure and providing increased service capacity to the vicinity; and
WHEREAS, the Department of Finance and Management has determined that the electrical service provided by AEP will benefit the City and OCFC, and that it is in the best interest of the City to grant the easement at no charge subject to subject to conditions, restrictions and limitations so that there is no adverse affect to the City, OCFC, or COSI; 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 Finance and Management, to execute those instruments approved by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive electric easement to the Columbus Southern Power Company necessary to the installation of an electrical switch cabinet on that City owned property commonly known as COSI, 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 Finance and Management, be and hereby is authorized to execute those documents approved by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive electric utility easement to Columbus Southern Power Company (Grantee) for the purpose of constructing, operating, and maintaining an electrical switch cabinet and appurtenances thereto, for so long as said easement is used for the purposes described in the easement and subject to the terms, conditions, restrictions and limitations contained in the easement, to install, construct, reconstruct, replace, operate, maintain, repair and remove an electrical switch cabinet and appurtenances thereto (the "improvement") on the following described City property:
DESCRIPTION OF A 0.016 ACRE TRACT OF LAND
for Electric Utility Easement Purposes for
Columbus Southern Power Company
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of an 18.053 acre tract of land conveyed to the City of Columbus, as recorded in Official Record 12833 C10, all references contained herein are to the Franklin County Recorder's records, Franklin County, Ohio; also being a tract of land for electric utility easement purposes and being shown on Exhibit "B" attached hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning for a point of reference at a point on the southeasterly corner of said City of Columbus 18.053 acre tract, said point also being on the northerly right-of-way of Town Street (80' wide) and the westerly right-of-way of Washington Boulevard (90');
thence, N 89° 20' 58" W, 113.76 feet running with the northerly right-of-way of said Town Street and the southerly line of said City of Columbus lands to the true point of beginning of the herein described tract:
thence, N 89° 20' 58" W, 60.96 feet continuing with said northerly right-of-way of said Town Street and the southerly line of said City of Columbus lands to a point;
thence, leaving the northerly right-of-way line of said Town Street and running within said City of Columbus lands the following three (3) consecutive courses:
1) N 55° 50' 08" E, 18.63 feet to a point;
2) S 89° 20' 58" E, 14.17 feet to a point;
3) N 00° 39' 02" E, 4.08 feet to a point;
4) S 89° 20' 58" E, 31.50 feet to a point;
5) S 00° 39' 02" W, 14.72 feet to the point of beginning and containing 0.016 acres of land more or less and being subject to all legal streets, highways, right-of-ways, alleys, easements, agreements and/or conditions of record, if any.
Bearings are based on the southerly line of said City of Columbus lands as being N 89° 20' 58" W, as shown of record in Official Record 12833 C10.
WILLIAM L. WILLIS, P.S. #7168, Central Surveying Co., Ltd.
7563 E. Main Street, Reynoldsburg, OH 43068
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 passage if the Mayor neither approves nor vetoes the same.