Ordinance No. 2023-09 An Ordinance Authorizing the Mayor to Enter into Pay Schedules and to Execute Easement and Right of Way to the Ohio Power Company

ORDINANCE NO. 2023-09

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO EASEMENT PAY SCHEDULES AND TO EXECUTE EASEMENT AND RIGHT OF WAY AND SUPPLEMENTAL EASEMENT AND RIGHT OF WAY TO THE OHIO POWER COMPANY, A UNIT OF AMERICAN ELECTRIC POWER, ACROSS PROPERTIES OWNED BY THE VILLAGE OF ANTWERP (PARCEL NOS. 12-08S-008-01 AND 12-20S-013-00) FOR THE PAYNE – SOUTH HICKSVILLE LINE (LINE NO. TLN160:09090), AND DECLARING THE SAME AN EMERGENCY

WHEREAS, the Village of Antwerp, Ohio, owns real estate along Maumee Lane, more particularly described as Carryall Township, NW Quarter section, Section 27, Lot(s) 4, Block G, Village of Antwerp, Tax Parcel Number 12-08S-008-01 , Paulding County, State of Ohio (referred to herein as “Parcel No. 1”) and real estate along Woodland Drive, more particularly described as Part of Lot 18, Kauffman Addition, Village of Antwerp, Tax Parcel Number 12-20S-013-00, Paulding County, State of Ohio (referred to herein as “Parcel No. 2”) (collectively referred to herein as the “Real Estate”); and

WHEREAS, an original easement under, across, and over Parcel No. 1 was granted to the Ohio Power Company, a unit of American Electric Power (referred to herein as “AEP”) by the Village of Antwerp in 1937; and

WHEREAS, a supplemental easement under, across, and over Parcel No. 1 and an easement under, across, and over Parcel No. 2 are needed by AEP in order to rebuild the Payne — South Hicksville transmission line (Line No. TLN160:09090) which crosses the Real Estate, said easement and supplemental easement areas described in the Exhibit A attached to the Supplemental Easement and Right of Way for Parcel No. 1 and in the Exhibit A attached to the Easement and Right of Way for Parcel No. 2 that are attached hereto and collectively marked as Exhibit 1, incorporated herein by reference; and

WHEREAS, the Village finds it to be in the best interest of the Village and its residents to grant the easement and supplemental easement to AEP under, across, and over the Real Estate and finds that the grant of an easement and supplemental easement will not interfere with the Village’s use of the Real Estate for a municipal purpose and the interests so conveyed are not needed by the Village for a municipal purpose.

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio:

Section 1. The Village Council hereby determines that the easement and supplemental easement described in Exhibit 1 are not needed by the Village of Antwerp for any of the purposes described in said Supplemental Easement and Right of Way for Parcel No. 1 and Easement and Right of Way for Parcel No. 2.

Section 2. It is hereby found that an easement and supplemental easement under, across, and over the Real Estate currently owned by the Village of Antwerp shall be granted to AEP for the purpose of rebuilding the Payne — South Hicksville transmission line which crosses the Real Estate.

Section 3. The Mayor is authorized to enter into the Payment Schedules, a proposed copy of both schedules attached hereto as Exhibit 2, and to execute the Supplemental Easement and Right of Way for Parcel No. 1 and the Easement and Right of Way for Parcel No. 2 (collectively attached as Exhibit 1).

Section 4. As a condition, AEP shall pay all costs associated with the granting of said easement and supplemental easement under, across, and over the Real Estate, which may include, but not limited to, costs for preparing all documents such as the Supplemental Easement and Right of Way for Parcel No. 1 and the Easement and Right of Way for Parcel No. 2 and costs of recording any such documents.

Section 5. It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 6. This Ordinance is hereby declared to be an emergency measure, necessary to authorize the grant of the easement area and supplemental easement area for rebuilding the Payne — South Hicksville transmission line, and shall take effect immediately upon its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

Passed this 20th day of March, 2023.

Jan Reeb, Mayor, Village of Antwerp

Attest:  Kevin Hornish, Fiscal Officer