Explanation
The City of Columbus ("City") is the owner of certain real property located in the vicinity of Riverside Drive and Bridge Street, more fully described within the body of this legislation. The Columbus Southern Power Company ("AEP"), an Ohio corporation, has requested that the City grant it certain perpetual and temporary construction easements under and through the City's Riverside Drive property, for so long the easements are used for the purposes of installing, constructing, and operating a 138KV underground electric utility transmission line. After investigation, it has been determined that the granting of the easements will not adversely affect the City and may be granted. The Department of Law, Real Estate Division, has determined a value of $30,000.00 for the aforementioned easements. The following legislation authorizes the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks, severally, to execute those instruments necessary to grant the subject easements.
Fiscal Impact: The City shall receive $30,000.00 to be deposited into the Special Purpose Fund as consideration for the granting of this easement.
Emergency Justification: This request has been thoroughly investigated and contemplated by the Department of Public Utilities and at this time emergency action is requested by the Division of Real Estate to allow this matter to proceed without delay.
Title
To authorize the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks, severally, to execute those documents necessary to quitclaim unto The Columbus Southern Power Company, an Ohio corporation, certain perpetual and temporary easements under, over and through that real property located in the vicinity of Riverside Drive and Bridge Street in order to install, construct, and maintain, a 138KV underground electric utility transmission line, and to declare an emergency.
Body
WHEREAS, the City of Columbus ("City") is the owner of certain real property located in the vicinity of Riverside Drive and Bridge Street, more fully described within the body of this legislation; and
WHEREAS, the Columbus Southern Power Company ("AEP"), an Ohio corporation, has requested that the City grant it certain perpetual and temporary construction easements under and through the City's Riverside Drive property, for so long as the easements are used for the purposes of installing, constructing, and operating a 138KV underground electric utility transmission line; and
WHEREAS, after investigation, it has been determined that the granting of the easements will not adversely affect the City and may be granted; and
WHEREAS, the Department of Law, Real Estate Division, has determined a value of $30,000.00 for the aforementioned easements; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks, severally, to execute those instruments necessary to grant the subject easements; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Director of Public Utilities and the Director of the Recreation and Parks Department, severally, to execute those instruments prepared by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive easement in, under, across, over and through certain real property located in the vicinity of Riverside Drive and Bridge Street for the immediate preservation of the public health, peace, property and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks, severally, be and hereby are authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to quitclaim unto The Columbus Southern Power Company, an Ohio corporation, its successors and assigns, a perpetual non-exclusive easement under, over and through the following described real property, for so long as said easement is used for the purposes herein mentioned, to install, construct, reconstruct, replace, operate, maintain, repair and remove one 138KV underground electric utility transmission line:
0.462± acre
Situated in the State of Ohio, County of Franklin, City of Columbus and being an easement on a portion of a 54.88± acre tract conveyed to the City of Columbus (Hereon referred to as Grantor) in Deed Book 1133, Page 640 of the Deed records of Franklin County Recorders Office, Columbus, Ohio, and being more particularly described as follows:
Beginning for reference at a point on the west right-of-way of Riverside Drive (R/W varies) and the northeast corner of Riverpark Garden Condominium (C.P.B. 164, Pg. 96) and the southeast corner of the City of Columbus (0.42+- acre parcel) as recorded in Deed Book 497, Page 78. Thence N-53°09'17"-W with the west right-of-way line of Riverside Drive and the east property line of the City of Columbus parcel, for a distance of 84.64 feet (and passing the northeast corner of said City of Columbus parcel, Deed Book 497, Page 78 at 60.00 feet) to THE POINT OF BEGINNING of the strip easement further described herein:
Thence through the Grantor's property the following five (5) courses:
S-52°09'51"-W for a distance of 254.46 feet to a point;
N-56°36'50"-W for a distance of 350.59 feet to a point;
N-33°23'10"-E for a distance of 35.00 feet to a point;
S-56°36'50"-E for a distance of 325.52 feet to a point;
N-52°09'51"-E for a distance of 219.81 feet to a point on the west right-of-way of Riverside Drive and the Grantor's east property line;
Thence S-53°09'17"-E with the west right-of-way of Riverside Drive for a distance of 36.29 feet to the POINT OF BEGINNING of the herein described strip easement, said easement containing 0.462± acre of land or 20131.63± square feet.
Prior Instrument Reference: D.B. 1133, Pg. 640
Recorder's Office, Franklin County, Ohio.
Franklin County Tax Parcel Number: 580-198700
Section 2. That the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks, severally, be and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to quitclaim unto The Columbus Southern Power Company, an Ohio corporation, its successors and assigns, a perpetual non-exclusive subsurface easement under the following described real property, for so long as said easement is used for the purposes herein mentioned, to install, construct, reconstruct, replace, operate, maintain, repair and remove one 138KV underground electric utility transmission line :
0.330 Acre -Subsurface
between NAVD 88
Elevations 710.0 feet and 675.0 feet
Situated in the State of Ohio, County of Franklin, City of Columbus and being an easement on a portion of a 54.88± acre tract conveyed to the City of Columbus (Hereon referred to as Grantor) in Deed Book 1133, Page 640 of the Deed records of Franklin County Recorders Office, Columbus, Ohio, and being more particularly described as follows:
Beginning for reference at a point on the west right-of-way of Riverside Drive (R/W varies) and the northeast corner of Riverpark Garden Condominium (C.P.B. 164, Pg. 96) and the southeast corner of the City of Columbus (0.42+- acre parcel) as recorded in Deed Book 497, Page 78. Thence N-53°09'17"-W with the west right-of-way line of Riverside Drive and the east property line of the City of Columbus parcel, for a distance of 84.64 feet (and passing the northeast corner of said City of Columbus parcel, Deed Book 497, Page 78 at 60.00 feet) to a point. Thence through the Grantor's property S-52°09'51"-W for a distance of 254.46 feet to a point; Thence N-56°36'50"-W for a distance of 350.59 feet to THE POINT OF BEGINNING of the subsurface easement further described herein:
Thence N-56°36'50"-W for a distance of 360.57 feet to a point;
Thence N-37°13'21"-W for a distance of 105.42 feet to a point;
Thence S-56°36'50"-E for a distance of 460.01 feet to a point;
Thence S-33°23'10"-W for a distance of 35.00 feet to the POINT OF BEGINNING of the herein described subsurface easement, said easement containing 0.330± acre of land or 14360.04± square feet.
Prior Instrument Reference: D.B. 1133, Pg. 640
Recorder's Office, Franklin County, Ohio.
Franklin County Tax Parcel Number: 580-198700
Section 3. That the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks, severally, be and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to quitclaim unto The Columbus Southern Power Company, an Ohio corporation a temporary construction easement in, over, under, across and through the following described real property for use in conjunction with the installation of one underground 138KV electrical utility transmission line (the "improvement"), said easement being fully described as follows:
DESCRIPTION OF TEMPORARY
CONSTRUCTION EASEMENT FOR
COLUMBUS AND SOUTHERN POWER COMPANY
Situated in the State of Ohio, County of Franklin, City of Columbus and being an easement on a portion of a 0.42± acre tract conveyed to the City of Columbus (Hereon referred to as Grantor) in Deed Book 497, Page 78 of the Deed Records of Franklin County Recorders Office, Columbus, Ohio, and being more particularly described as follows:
Beginning for reference at a point on the west right-of-way of Riverside Drive (R/W varies) and the northeast corner of Riverpark Garden Condominium (C.P.B. 164, Pg. 96) and the southeast corner of the City of Columbus (0.42+- acre parcel) as recorded in Deed Book 497, Page 78. Said point being THE POINT OF BEGINNING of the temporary easement further described herein:
Thence S-56°30'08"-W with the Grantor's south property line, for a distance of 318.55 feet to a point;
Thence N-53°05'19"-W for a distance of 64.09 feet to a point;
Thence N-57°11'48"-E for a distance of 319.88 feet to a point on the west right-of-way of Riverside Drive and the Grantor's east property line;
Thence S-53°09'17"-E with the west right-of-way of Riverside Drive for a distance of 60.00 feet to the POINT OF BEGINNING of the herein described temporary easement, said easement containing 0.427± acre of land or 18614.37± square feet.
DESCRIPTION OF TEMPORARY
CONSTRUCTION EASEMENT FOR
COLUMBUS AND SOUTHERN POWER COMPANY
Situated in the State of Ohio, County of Franklin, City of Columbus and being an easement on a portion of a 54.88± acre tract conveyed to the City of Columbus (Hereon referred to as Grantor) in Deed Book 1133, Page 640 of the Deed Records of Franklin County Recorders Office, Columbus, Ohio, and being more particularly described as follows:
Beginning for reference at a point on the west right-of-way of Riverside Drive (R/W varies) and the northeast corner of Riverpark Garden Condominium (C.P.B. 164, Pg. 96) and the southeast corner of the City of Columbus (0.42+- acre parcel) as recorded in Deed Book 497, Page 78. Thence N-53°09'17"-W with the west right-of-way line of Riverside Drive and the east property line of the City of Columbus parcel, for a distance of 120.93 feet (and passing the northeast corner of said City of Columbus parcel, Deed Book 497, Page 78 at 60.00 feet) to THE POINT OF BEGINNING of the temporary easement further described herein:
Thence through the Grantor's property the following Six (6) courses:
S-52°09'51"-W for a distance of 219.81 feet to a point;
N-56°36'50"-W for a distance of 785.53 feet to a point;
N-34°10'32"-W for a distance of 131.00 feet to a point;
S-56°36'50"-E for a distance of 870.80 feet to a point;
N-52°09'51"-E for a distance of 170.30 feet to a point on the west right-of-way of Riverside Drive and the Grantor's east property line;
Thence S-53°09'17"-E with the west right-of-way of Riverside Drive for a distance of 51.84 feet to the POINT OF BEGINNING of the herein described temporary easement, said easement containing 1.175± acre of land or 51162.29± square feet.
DESCRIPTION OF TEMPORARY
CONSTRUCTION EASEMENT FOR
COLUMBUS AND SOUTHERN POWER COMPANY
Situated in the State of Ohio, County of Franklin, City of Columbus and being an easement on a portion of a 54.88± acre tract conveyed to the City of Columbus (Hereon referred to as Grantor) in Deed Book 1133, Page 640 of the Deed Records of Franklin County Recorders Office, Columbus, Ohio, and being more particularly described as follows:
Beginning for reference at a point on the west right-of-way of Riverside Drive (R/W varies) and the northeast corner of Riverpark Garden Condominium (C.P.B. 164, Pg. 96) and the southeast corner of the City of Columbus (0.42+- acre parcel) as recorded in Deed Book 497, Page 78. Thence N-53°09'17"-W with the west right-of-way line of Riverside Drive and the east property line of the City of Columbus parcel, for a distance of 60.00 feet to the northeast corner of said City of Columbus parcel, Deed Book 497, Page 78 and THE POINT OF BEGINNING of the temporary easement further described herein:
Thence through the Grantor's property the following Eight (8) courses:
S-57°11'48"-W for a distance of 319.88 feet to a point;
S-56°23'41"-W for a distance of 150.88 feet to a point;
N-42°16'25"-W for a distance of 272.64 feet to a point;
N-33°45'20"-W for a distance of 193.71 feet to a point;
N-41°49'49"-W for a distance of 193.31 feet to a point;
S-56°36'50"-E for a distance of 711.16 feet to a point;
N-52°09'51"-E for a distance of 254.46 feet to a point on the west right-of-way of Riverside Drive and the Grantor's east property line;
Thence S-53°09'17"-E with the west right-of-way of Riverside Drive for a distance of 24.64 feet to the POINT OF BEGINNING of the herein described temporary easement, said easement containing 1.674± acre of land or 72940.39± square feet.
Prior Instrument Reference: D.B. 1133, Pg. 640; D.B. 497, Pg. 78
Recorder's Office, Franklin County, Ohio.
Franklin County Tax Parcel Number: 580-198700
Section 4. That the City Auditor is hereby authorized to deposit the Thirty Thousand Dollars ($30,000.00), to be received by the City as consideration for the granting of the subject easements, in the appropriate City fund: Special Purpose Fund: 223; Sub-Fund 025:
Section 5. 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 10 days after its passage if the Mayor neither approves nor vetoes the same. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.