Explanation
Background: NP Limited Partnership ("NP"), was issued a Section 401 Water Quality Certification by the Ohio Environmental Protection Agency that allowed certain impacts to waters of the State of Ohio. As a condition of the certification, NP is required to mitigate impacts to water quality by restricting the future use of certain portions of the Alum Creek riparian corridor. The City of Columbus is the owner of certain property in the vicinity of Mock Road and Sunbury Road. Alum Creek flows through portions of this City owned property. In exchange for NP's promised contribution to the fund for purchasing properties along Alum Creek to preserve riparian open space, the City has agreed to restrict the future use of its property along the banks of Alum Creek, located in the vicinity of Sunbury Road and Mock Road. The restrictions will prohibit certain activities including, but not limited to, mining, commercial, industrial uses, dumping and destroying trees, but not recreational uses. The Recreation and Parks Department has determined that the restrictions will not adversely affect the City's intended use. The following ordinance authorizes the Executive Director of the Department of Recreation and Parks to execute a "Declaration of Restrictions" as approved by the City Attorney's Office, Department of Law, Real Estate Division.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to delay the protection of the Alum Creek water quality.
Title
To authorize the Executive Director of the Department of Recreation and Parks to execute a "Declaration of Restrictions" for that City owned real property located in the vicinity of Mock Road and Sunbury Road, and to declare an emergency.
Body
WHEREAS, NP Limited Partnership ("NP"), an Ohio limited partnership, was issued a Section 401 Water Quality Certification by the Ohio Environmental Protection Agency that allowed certain impacts to waters of the State of Ohio; and
WHERAS, as a condition of the certification, NP is required to mitigate impacts to water quality by restricting the future use of certain portions of the Alum Creek riparian corridor; and
WHEREAS, the City of Columbus is the owner of certain property in the vicinity of Mock Road and Sunbury Road; and
WHEREAS, Alum Creek flows through portions of this City owned property; and
WHEREAS In exchange for NP's promise to contribute funds to the City to purchase other properties along Alum Creek to preserve riparian open space the City has agreed to restrict the future use the subject real property along the banks of Alum Creek; and
WHEREAS, the restrictions will prohibit certain activities including, but not limited to: mining, commercial and industrial uses, dumping and destroying trees, but not recreational uses; and
WHEREAS, the Recreation and Parks Department has determined that the aforementioned restrictions will not adversely affect the City and should be imposed; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Recreation and Parks to execute a "Declaration of Restrictions" for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Department of Recreation and Parks be and hereby is authorized to execute a "Declaration of Restrictions", as prepared by the Real Estate Division, Department of Law, for the following described real property, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 1 North, Range 17 West, United States Military District, and being a fifty (50') foot wide strip extending from north to south through a portion of that 4.066 acre tract conveyed to the City of Columbus, Ohio, and recorded in Instrument Number 200308150260011, Recorder's Office, Franklin County, Ohio, said fifty (50') foot wide strip lying west of and immediately adjacent to the top of the existing west bank of Alum Creek, the centerline of Alum Creek being the easterly property line of said 4.066 acre tract.
Section 2. 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 ten days after its passage if the Mayor neither approves nor vetoes the same.