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File #: 0980-2009    Version: 1
Type: Ordinance Status: Passed
File created: 6/30/2009 In control: Utilities Committee
On agenda: 7/20/2009 Final action: 7/23/2009
Title: To authorize the Director of the Department of Public Utilities to execute those instruments necessary to grant a perpetual utility easement to the Columbus Southern Power Company, for the purpose of providing electrical service to the new water booster station, located at 4674 Morse Road, Columbus, Ohio, 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.
Explanation
 
Background:  The Department of Public Utilities, Division of Power and Water ("City"), is engaged in the construction of a second water booster station on that city owned real property commonly known as 4674 Morse Road, Columbus, Ohio.  The City desires to grant the Columbus Southern Power Company ("AEP") a perpetual non-exclusive utility easement for the purpose of constructing a transformer pedestal and pad which will provide electric service to the new booster station.  The Division of Water has determined that the electrical service provided by the transformer will benefit the City, and that it is in the best interest of the City to grant the easement 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 equipment.
 
Title
 
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to grant a perpetual utility easement to the Columbus Southern Power Company, for the purpose of providing electrical service to the new water booster station, located at 4674 Morse Road, Columbus, Ohio, 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 Department of Public Utilities, Division of Power and Water ("City"), is engaged in the construction of a water booster station on that city owned real property commonly known as 4674 Morse Road, Columbus, Ohio; and
 
WHEREAS,       the City desires to grant the Columbus Southern Power Company ("AEP") a perpetual non-exclusive utility easement for the purpose of constructing a transformer pedestal and pad which will provide electric service to the new booster station; and
 
WHEREAS,      the Division of Water has determined that the electrical service provided by the transformer will benefit the City and that it is in the best interest of the City to grant the easement at no charge; and
 
WHEREAS,      after investigation, the Department of Public Utilities has 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 Department of Public Utilities to execute those instruments approved by the Real Estate Division, Department of Law, necessary to grant an utility easement to the Columbus Southern Power Company in order to provide electricity to the new booster station, 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 perpetual non-exclusive utility easement to Columbus Southern Power Company for the purpose of constructing a transformer pedestal and pad which will provide electric service to the new booster station located at 4674 Morse Road, Columbus, Ohio
 
ELECTRIC EASEMENT
0.025 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 4, Township 2, Range 17, United States Military Lands, being on, over, and across that original 5.78 acre tract conveyed to City of Columbus by deed of record in Deed Book 2929, Page 99 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, at the southeasterly corner of said 5.78 acre tract, being on the centerline of Morse Road (120 feet wide);
thence North 03° 39' 04" East, with the easterly line of said 5.78 acre tract, partly across the right-of-way of said Morse Road, a distance of 201.28 feet to a point;
thence North 86° 20' 56" West, across said 5.78 acre tract, a distance of 40.41 feet to the TRUE POINT OF BEGINNING;
thence continuing across said 5.78 acre tract, the following courses and distances:
South 12° 28' 05" West, a distance of 10.00 feet to a point;
North 77° 31' 55" West, a distance of 106.90 feet to a point;
North 12° 28' 05" East, a distance of 10.00 feet to a point;
South 77° 31' 55" East, a distance of 106.90 feet to the TRUE POINT OF BEGINNING and containing 0.025 acre of land, more or less.
                        EVANS, MECHWART, HAMBLETON & TILTON, INC.
                        Heather L. King            Date
                        Registered Surveyor No. 8307
 
 
      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.