Explanation
Background: The City of Columbus, ("City") is the owner of certain real property located in the vicinity of Alton Road and Elnora Drive. The Board of Supervisors for the Franklin Soil and Water Conservation District, ("Board of Supervisors") has determined the aforementioned real property to be important to the protection of the natural resources of the Hellbranch Run and Big Darby Creek Watersheds. Section 5301.69 of the Ohio Revised Code authorizes the Franklin Soil and Water Conservation District Board of Supervisors to acquire conservation easements in the name of the Franklin Soil and Water Conservation District for the purpose of protecting the natural resources of the area. The "Board of Supervisors" has requested a conservation easement be granted by the City for certain portions of the subject City owned property. After investigation, it has been determined by the Recreation and Parks Department that the protection of the area will benefit the City and the easement should be granted. This legislation authorizes the execution of the documents necessary for the granting of the aforementioned easement.
Fiscal Impact: The $55,500.00 to be received by the City of Columbus, Department of Recreation and Parks as consideration for the subject easement will be deposited into the appropriate fund, to be identified by the City Auditor.
Emergency Justification: The City is to receive certain monies for the granting of the conservation easement; in consideration of which, emergency action is requested as not to delay the City's compliance with the terms of the agreement.
Title
To authorize the Director of the Recreation and Parks Department to execute a "Deed of Conservation Easement" and any ancillary documents necessary to grant the Franklin Soil and Water Conservation District, a perpetual conservation easement across certain City owned property, located in the vicinity of Alton Road and Elnora Drive, for the protection of the Hellbranch Run and Big Darby Creek Watersheds 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 City of Columbus, ("City") is the owner of certain real property located in the vicinity of Alton Road and Elnora Drive; and
WHEREAS, the Board of Supervisors for the Franklin Soil and Water Conservation District, ("Board of Supervisors") has determined the aforementioned real property to be important to the protection of the natural resources of the Hellbranch Run and Big Darby Creek Watersheds; and
WHEREAS, Section 5301.69 of the Ohio Revised Code authorizes the Franklin Soil and Water Conservation District Board of Supervisors to acquire conservation easements in the name of the Franklin Soil and Water Conservation District for the purpose of protecting the natural resources of the area; and
WHEREAS, the "Board of Supervisors" has requested a conservation easement be granted by the City for certain portions of the subject City owned property; and
WHEREAS, after investigation, it has been determined by the Recreation and Parks Department that the protection of the area will benefit the City and the easement should be granted; and
WHEREAS, the Real Estate Division, Department of Law has established $55,500.00 as the value of such easement right; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorized the Director of the Recreation and Parks Department to execute those documents necessary to grant a Deed of Conservation Easement to the Franklin Soil and Water Conservation District for protection of the natural resources of the Hellbranch Run and Big Darby Creek Watersheds and the immediate preservation of 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 Executive Director of the Recreation and Parks Department be and hereby is authorized to execute a Deed of Conservation Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the Franklin Soil and Water Conservation District a perpetual conservation easement across the following described real property for the for the purpose of protecting of the natural resources of the Hellbranch Run and Big Darby Creek Watersheds:
Situated in the State of Ohio, County of Franklin, Township of Prairie, Virginia Military Survey 5106, and being a part of the 59.0036 acre tract conveyed to the City of Columbus by deed of record in Instrument No. 199706200028393, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at Franklin County Geodetic survey monument 0076 on the centerline of Alton Road, N 03º 51' 13" E, a distance of 528.36 feet from the northwest corner of O'Harra Estates, of record in Plat Book 32, Page 10, Recorder's Office, Franklin County, Ohio, just south of the bridge over Clover Groff Ditch; thence with said centerline of Alton Road and the west line of said 59.0036 acre tract;
N 03º 36' 19" E, a distance of 4.11 feet to the unmarked southwest corner of a 0.218 acre tract conveyed to the Franklin County Commissioners by deed of record in Instrument No. 198308070105239; thence with the south line of said 0.218 acre tract and a line of said 59.0036 acre tract;
N 85º 46' 24" E, a distance of 35.33 feet to a corner of said tracts witnessed by a found iron pin S 81º 29' 51" W, a distance of 0.68 feet; thence continuing with said lines between said 0.218 acre tract and said 59.0036 acre tract the following four lines;
N 06º 39' 49" E, a distance of 93.72 feet to a corner of said tracts witnessed by a found iron pin N 89º 09' 29" W, a distance of 0.55 feet; thence
N 00º 12' 32" W, a distance of 150.33 feet to a corner of said tracts witnessed by a found iron pin N 74º 48' 21" W, a distance of 0.46 feet; thence
N 12º 02' 13" W, a distance of 25.96 feet to a corner of said tracts witnessed by a found iron pin S 83º 05' 57" W, a distance of 0.28 feet; thence
N 86º 23' 41" W, a distance of 23.00 feet to the northwest corner of said 0.218 acre tract, and a corner of said 59.0036 acre tract in the centerline of Alton Road witnessed by a found PK nail S 50º 58' 45" E, a distance of 0.08 feet; thence with the centerline of said Alton Road and a west line of said 59.0036 acre tract;
N 03º 36' 19" E, a distance of 222.06 feet to the southwest corner of a 1.00 acre tract conveyed to Charles E. and Sandra K. Staudt by deed of record in Instrument No. 199612180246405, witnessed by a found PK nail N 39º 42' 04" E, a distance of 0.11 feet; thence with the south line of said 1.00 acre tract and a north line of said 59.0036 acre tract;
S 86º 22' 13" E, a distance of 230.00 feet to the southeast corner of said 1.00 acre tract and an inside corner of said 59.0036 acre tract witnessed by a badly bent iron pin S 86º 25' 00" E, a distance of 0.12 feet passing a found iron pin at 29.96 feet; thence with the east line of said 1.00 acre tract, a west line of said 59.0036 acre tract, and the east lines of the following tracts: a 0.845 acre tract conveyed to Robert & Alice B. Hawk by deed of record in Deed Book 2265, Page 480, a 0.581 acre tract and a 0.232 acre tract conveyed to Anthony W. & Carrie C. Worthington by deed of record in Instrument No. 200503100044064, two 0.581 acre tracts conveyed to Thomas G. Stakely by deed of record in Instrument No. 199505040103480, a 0.581 acre tract conveyed to Earl L., Jr. & Virginia A. Higgins, by deed of record in Instrument No. 200105100103117, and a 0.581 acre tract conveyed to Mark H. & Susan C. Hamilton by deed of record in Instrument No. 199205150118236;
N 03º 36' 23" E, a distance of 929.40 feet to a found iron pin at the southwest corner of a 5.10 acre tract conveyed to Raymond C. & Shirley A. Barry, Co-Trustees, in Instrument No. 199708250077898, said found iron pin also being S 03º 36' 23" W, a distance of 13.89 feet from a found iron pin at the northeast corner of said 0.518 acre Hamilton tract; thence with the south line of said 5.10 acre tract and the north line of said 59.0036 acre tract;
N 87º 31' 24" E, a distance of 722.98 feet to the northeast corner of said 59.0036 acre tract at an angle point in the west line of a 44.223 acre tract conveyed to the City of Columbus by deed of record in Instrument No. 200403090050986, passing a found iron pin at 705.98 feet, said corner also being in the center of Clover Groff Ditch; thence with an east line of said 59.0036 acre tract, the west line of said 44.223 acre tract and the meanders of the centerline of Clover Groff Ditch;
S 11º 48' 19" W, a distance of 456.75 feet to an angle point in said east line referenced by a found iron pin N 63º 06' 02" W, a distance of 22.91 feet; thence continuing with said east line and partially with the meanders of the centerline of Clover Groff Ditch;
S 04º 29' 47" W, a distance of 939.85 feet to a found stone with a pointed top adjacent to the west face of a wood fence post at an inside corner of said 59.0036 acre tract and the southwest corner of said 44.223 acre tract; thence with a north line of said 59.0036 acre tract and south line of said 44.223 acre tract;
N 86º 53' 03" E, a distance of 145.00 feet to a set iron pin; thence across said 59.0036 acre tract the following four lines:
S 01º 44' 01" E, a distance of 283.22 feet to a set iron pin; thence
S 32º 27' 35" E, a distance of 303.06 feet to a set iron pin; thence
S 86º 43' 27" E, a distance of 360.00 feet to a set iron pin; thence
S 03º 16' 33" W, a distance of 125.00 feet to a set iron pin on the south line of said 59.0036 acre tract on the north line of O'Harra Estates No. 2, Lot No. 6, of record in Plat Book 32, Page 47; thence with the south line of said 59.0036 acre tract and the north lines of said O'Harra Estates No. 2 and the north line of O'Harra Estates of record in Plat Book 32, Page 10;
N 86º 43' 27" W, a distance of 1351.43 feet to a found iron pin some 2" deed at the southeast corner of a 1.00 acre tract conveyed to Jamie A. Nicklis by deed of record in Instrument No. 198812160185917, another iron pin found projecting some 6", being S 79º 48' 58" W, a distance of 1.87 feet from the found iron pin some 2" deep; thence with a west line of said 59.0036 acre tract and the east line of said 1.00 acre tract;
N 03º 46' 49" E, a distance of 109.97 feet to a found iron pin under a large pine tree at an inside corner of said 59.0036 acre tract and the northeast corner of said 1.00 acre tract; thence with a south line of said 59.0036 acre tract and the north line of said 1.00 acre tract;
N 86º 43' 16" W, a distance of 229.39 feet to a southwest corner of said 59.0036 acre tract and the northwest corner of said 1.00 acre tract on the centerline of said Alton Road, passing a found iron pin 15" deep at 189.46 feet; thence with said centerline of Alton Road and the west line of said 59.0036 acre tract;
N 03º 51' 13" E, a distance of 418.38 feet to the Point Of Beginning, containing 38.944 acres.
The above description was prepared by Robert G. Watts, Reg. Prof. Surveyor #4138 from an October 2005 field survey. All set iron pins are 5/8" X 30" rebars with yellow plastic caps embossed "Thomas Engr & Surveying". Bearings are based on the bearing N 04º 03' 35" E between FCGS Monuments #0073 and #0076, NAD 83 (1986) both in the center of Alton Road. All Deed Books, Plat Books, and Instruments mentioned are those found in the Recorder's Office, Franklin County, Ohio.
Robert G. Watts, RPLS #4138.
Franklin County Tax Parcel Number 240-000196.
Section 2. That the City Auditor be and hereby is authorized and directed to deposit the Fifty Five Thousand Five Hundred Dollars ($55,500.00), to be received by the City as consideration for the subject easement rights to be granted, in the appropriate Recreation and Parks fund.
Section 3. 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 4. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.