Explanation
Background: The Ohio Department of Transportation ("ODOT") is engaged in its Galena Bridge Replacement Project (DEL-CR24-5.02), located in the vicinity of Hoover Reservoir in Delaware County. The Project as presently planned requires Columbia Gas of Ohio, Inc., an Ohio corporation ("Columbia Gas"), to relocate an existing six (6) inch steel high pressure pipeline off of the Galena Bridge. In order to complete the relocation, it is necessary for Columbia Gas to obtain certain permanent and temporary easements, more fully described in the body of this legislation, from the City of Columbus, Ohio, Department of Public Utilities ("City"). In exchange for the granting of the necessary easements, Columbia Gas has agreed upon completing the relocation to construct, at no cost to the City, a gravel crushed limestone parking lot on a portion of the City's property used for the temporary easement. None of the Parties shall pay any monetary consideration to the other regarding this exchange. The following legislation authorizes the Director of the Department of Public Utilities and the Director of the Recreation and Parks Department to execute a Memorandum of Agreement and those documents necessary to grant a perpetual sub-surface easement and a temporary construction easement to Columbia Gas.
Fiscal Impact: None of the Parties shall pay any monetary consideration to the other regarding this exchange.
Emergency Justification: In the spirit of intergovernmental cooperation, emergency action is requested as not to delay any part of ODOT's project contingent on the passage of this legislation.
Title
To authorize the Director of the Department of Public Utilities and the Director of the Recreation and Parks Department to execute a Memorandum of Agreement and those documents necessary to grant a perpetual sub-surface easement and a temporary construction easement, in the vicinity of Hoover Reservoir, unto Columbia Gas, in exchange for the construction of a gravel crushed limestone parking lot for the use and benefit of the City; and to declare an emergency.
Body
WHEREAS, the Ohio Department of Transportation ("ODOT") is engaged in its Galena Bridge Replacement Project (DEL-CR24-5.02), located in the vicinity of Hoover Reservoir in Delaware County; and
WHEREAS, the Project as presently planned requires Columbia Gas of Ohio, Inc., an Ohio corporation ("Columbia Gas"), to relocate an existing six (6) inch steel high pressure pipeline off of the Galena Bridge; and
WHEREAS, in order to complete the relocation, it is necessary for Columbia Gas to obtain a permanent and a temporary easement from the City of Columbus, Ohio, Department of Public Utilities ("City"); and
WHEREAS, in exchange for the granting of the necessary easements, Columbia Gas has agreed upon completing the relocation to construct, at no cost to the City, a gravel crushed limestone parking lot on a portion of the City's property used for the temporary easement; and
WHEREAS, none of the Parties shall pay any monetary consideration to the other regarding this exchange; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Department of Public Utilities and the Director of the Recreation and Parks Department to execute a Memorandum of Agreement and those documents necessary to grant a perpetual sub-surface easement and a temporary construction Easement, in the vicinity of Hoover Reservoir, unto Columbia Gas, in exchange for the construction of a gravel crushed limestone parking lot for the use and benefit of the City for 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 Director of the Department of Public Utilities and the Director of Recreation and Parks Department, severally, be and hereby is authorized to execute a Memorandum of Agreement and those documents, prepared by the City Attorney's Office, Department of Law, Real Estate Division, necessary to grant a Quitclaim Deed Easement unto Columbia Gas of Ohio, Inc., an Ohio corporation ("Columbia Gas"), in and to the following described real property wit:
Sub-surface Easement
0.198 Acre
Situated in the State of Ohio, County of Delaware, Village of Galena, Farm Lots 12 and 18, 4th Quarter, Township 4, Range 17 United States Military Lands, and being located in that 0.82 acre tract of land as described in a deed to the City of Columbus of record in Deed Book 252, Page 55, that 0.37 acre tract of land as described in a deed to the City of Columbus of record in Deed Book 254, Page 165, and that 28.64 acre tract of land as described in a deed to the City of Columbus of record in Deed Book 258, Page 327, all records referenced herein being to those located in the Recorder's Office, Delaware County, Ohio, and being a gas pipelines easement more particularly described as follows:
Beginning FOR REFERENCE at a point at the centerline intersection of Dustin Road (Township Road 104) and South Old 3C Highway (County Road 24), being located in said 28.64 acre City of Columbus tract, thence North 79°08'21" East along the centerline of said South Old 3C Highway, a distance of 304.42 feet to a point, thence North 10°51'39" West a distance of 75.00 feet to a point in the northerly right-of-way line of said South Old 3C Highway, and being the TRUE PLACE OF BEGINNING of the herein described gas pipelines easement;
Thence North 71°56'45" East, through said 28.64 acre tract and through said 0.82 acre tract, a distance of 495.08 feet to a point in said right-of-way line;
Thence along said right-of-way line the following two courses:
1) With the arc of a non-tangent curve to the right having a radius of 879.93 feet, an arc length of 332.27 feet, a delta of 21°38'08", and a chord bearing South 68°19'17" West, a chord distance of 330.30 feet to a point;
2) South 79°08'21" West a distance of 166.75 feet to the TRUE PLACE OF BEGINNING of the herein described gas pipelines easement, containing 0.198 acre of land.
Bearings are based on North 48°40'53" East for the centerline of South Old 3C Highway in the vicinity of West Street per an assumed bearing.
This description was prepared by Westerville Land Surveying, LLC based on record information.
Delaware County Tax Parcel Number 41743007010000.
Prior Instrument Reference: D.B. 252, Pg. 054; D.B. 258, Pg. 327;
Recorder's Office, Delaware County, Ohio.
Section 2. That the Director of the Department of Public Utilities and the Director of the Recreation and Parks Department, severally, be and hereby is authorized to execute a Memorandum of Agreement and those documents, prepared by the City Attorney's Office, Department of Law, Real Estate Division, necessary to grant a Temporary Construction Easement unto Columbia Gas of Ohio, Inc., an Ohio corporation ("Columbia Gas"), in and to the following described real property wit:
Temporary Construction Easement
0.136 Acre
Situated in the State of Ohio, County of Delaware, Village of Galena, Farm Lots 12 and 18, 4th Quarter, Township 4, Range 17 United States Military Lands, and being located in that 0.82 acre tract of land as described in a deed to the City of Columbus of record in Deed Book 252, Page 55, that 0.37 acre tract of land as described in a deed to the City of Columbus of record in Deed Book 254, Page 165, and that 28.64 acre tract of land as described in a deed to the City of Columbus of record in Deed Book 258, Page 327, all records referenced herein being to those located in the Recorder's Office, Delaware County, Ohio, and being a temporary construction easement more particularly described as follows:
Beginning FOR REFERENCE at a point in the southerly right-of-way line of South Old 3C Highway (Columbus St.), at the northeast corner of Lot 8 of the original town plat of Galena, of record in Plat Volume 1, Page 97, thence South 48°40'53" West along said right-of-way line, a distance of 86.12 feet to a point at the northeast corner of said 0.37 acre City of Columbus tract, at the northwest corner of that 0.2186 acre tract of land as described in a deed to Mark E. and Susan J. Harris, of record in Official Record 0611, Page 001, thence South 19°43'41" East along the common line between said 0.37 acre and 0.2186 acre tracts, a distance of 21.51 feet to a point in the southerly right-of-way line of said South Old 3C Highway, being the TRUE PLACE OF BEGINNING of the herein described temporary construction easement;
Thence South 19°43'41" East, continuing along the common line between said 0.37 acre and 0.2186 acre tracts, a distance of 80.26 feet to a point at a southeast corner of said 0.37 acre tract,
Thence South 69°14'15" West, along the southerly line of said 0.37 acre tract, the southerly line of said Lot 8, and into Lot 2 of said original town plat of Galena, a distance of 95.00 feet to a point;
Thence North 19°43'41" West, through said Lot 2 and said 0.37 acre tract, a distance of 44.39 feet to a point in said southerly right-of-way line;
Thence North 48°40'53" East, along said southerly right-of-way line, a distance of 102.15 feet to the TRUE PLACE OF BEGINNING of the herein described temporary construction easement, containing 0.136 acre of land.
Bearings are based on North 48°40'53" East for the centerline of South Old 3C Highway in the vicinity of West Street per an assumed bearing.
This description was prepared by Westerville Land Surveying, LLC based on record information. Delaware County Tax Parcel Numbers: 41743404006000 & 41743404007000, Prior Instrument Reference: D.B. 254, Pg. 165. Recorder's Office, Delaware County, Ohio.
Section 3. 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.