...EXPLANATION
BACKGROUND:
The City, pursuant to Ordinance Number 0504-2012, entered into a certain agreement dated September 24, 2012 (“Agreement”), with the Del-Co Water Company, Inc., an Ohio nonprofit corporation (“Delco”), in order for Delco to extract no more than eight million gallons per day (8,000,000 gpd) and no more than two billion, nine hundred-twenty million gallons per year (2,920,000,000 gpy) of raw water from the City’s raw water reservoirs. Delco requests to construct, maintain, use, and operate one (1) raw water pump station (“Pump Station”) at the O’Shaughnessy Reservoir {Delaware County Tax Parcel 500-310-01-002-000} property in the vicinity southwest of the intersection of Home Road and State Route 257, Powell, Ohio 43065 (“Premises”) in order to extract the appropriate amount of raw water pursuant to the Agreement.
Delco, Ohio Power Company, an Ohio corporation doing business as American Electric Power (“AEP”), and Columbia Gas of Ohio, an Ohio corporation (“Columbia”), will each need to acquire certain real estate from the City at the Premises in order for Delco to construct, access, maintain, use, and operate the Pump Station. Accordingly, the City will need to grant to Delco upon portions of the Premises a (i) perpetual raw water pump station utility easement (“Pump Station Easement”), (ii) perpetual waterline utility easement (“Waterline Easement”), (iii) perpetual access easement via the public right-of-way, Pump Station Easement, and public right-of-way of State Route 257 (“Access Easement”), and (iv) two (2) year temporary construction easement (“Construction Easement”). The City will also need to grant to AEP upon portions of the Premises (A) the Construction Easement, and (B) a perpetual electric utility service easement (“Electric Easement”). The City will also need to grant to Columbia upon portions of the Premises (a) the Construction Easement, and (b) a perpetual natural gas utility service easement (“Gas Easement”).
Delc...
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