EXPLANATION
BACKGROUND:
The City of Columbus, Ohio, an Ohio municipal corporation ("City"), owns real property located at 1400 Atcheson Street, Columbus, Ohio 43203 [Franklin County Tax Parcel 010-067268], which is commonly known as Saunders Park ("Property"). The City's Columbus Recreation and Parks Department ("CRPD") is constructing a new Maryland Swimming Pool, which requires new electric utilities to service the Property.
CRPD contracted with the Ohio Power Company, an Ohio corporation ("AEP"), to service the new electric utilities for the Property's new Maryland Swimming Pool. AEP requires an easement from the City over portions of the Property before AEP will install, control, construct, reconstruct, replace, operate, maintain, repair, and remove the necessary electric utility infrastructure, specifically an above-ground pole, aerial electric cables and wires, rods, anchors, and their appurtenances (collectively, "Improvement"), to exclusively service electricity to the Property. CRPD reviewed and determined the Easement Area requested by AEP for the Improvement will benefit the City and should be granted at no charge, because the Improvement exclusively services the City's Property.
Therefore, this ordinance authorizes the Director of CRPD to execute those documents approved by the Columbus City Attorney, Real Estate Division, to quit claim grant perpetual, nonexclusive, electric utility easement rights to AEP in, on, over, under, through, and burdening a portion of the Property to exclusively service the Property.
CONTRACT COMPLIANCE №: Not applicable.
FISCAL IMPACT: Not Applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested so to not delay the City's construction of the Property's new Maryland Swimming Pool, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the Director of Recreation and Parks to execute those documents approved by the Columbus City Attorney, Real Estate Division, to quit claim grant perpetual, nonexclusive, electrical utility easement rights to the Ohio Power Company, an Ohio corporation, upon a portion of the City's real property located at 1400 Atcheson Street, Columbus, Ohio 43203; and to declare an emergency. ($0.00)
BODY
WHEREAS, the Recreation and Parks Department (CRPD) desires to construct a new Maryland Swimming Pool at the Property, which requires new electric utilities to service the Property;
WHEREAS, CRPD contracted with AEP to service the new electric utilities to the Property;
WHEREAS, AEP requires an easement from the City over a portion of the Property before AEP will install, control, construct, reconstruct, replace, operate, maintain, repair, and remove the Improvement needed to exclusively service electricity to the Property;
WHEREAS, CRPD reviewed and determined that the Easement Area requested by AEP for the Improvement will benefit the City and should be granted at no charge, because the Improvement exclusively services the City's Property;
WHEREAS, an emergency exists in the usual daily operations of the City, because it is immediately necessary to authorize the Director of Recreation and Parks to execute those documents approved by the Columbus City Attorney, Real Estate Division, to quit claim grant perpetual, nonexclusive, electric utility easement rights to AEP in, on, over, under, through, and burdening a portion of the Property to exclusively service the City's Property, which will preserve the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That on behalf of the City of Columbus, Ohio, an Ohio municipal corporation ("City"), the Director of Recreation and Parks is authorized to execute those documents approved by the Columbus City Attorney, Real Estate Division, to quit claim grant perpetual, nonexclusive, electrical utility easement rights to the Ohio Power Company, an Ohio corporation ("AEP"), in, on, over, under, through, and burdening the tract of real property ("Easement Area") surveyed in Exhibit-A and mapped in Exhibit-B, which each exhibit are fully incorporated for reference into this ordinance.
SECTION 2. That for the reasons stated in the preamble hereto, which are 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 (10) days after its passage if the Mayor neither approves nor vetoes the same.