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File #: 0040-2004    Version: 1
Type: Ordinance Status: Passed
File created: 12/29/2003 In control: Recreation & Parks Committee
On agenda: 1/26/2004 Final action: 1/27/2004
Title: To authorize the Executive Director of the Department of Recreation & Park to execute those documents, as requested by Columbia Gas of Ohio, Inc., necessary to grant an perpetual non-exclusive easement through real property owned by the City, commonly known as the Woodbridge Green Park 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.
Explanation
 
Background:    The City of Columbus is the owner of certain real property located in the vicinity of Fall Haven Drive and Hard Road, commonly known as the Woodbridge Green Park.  Columbia Gas of Ohio, Inc., desires to relocate a gas line through a portion of the aforementioned City real property.  After investigation, the Department of Recreation & Parks has determined that the granting of a perpetual easement will not adversely affect the City and may be granted.  The Department of Law, Real Estate Division, has determined a value of $5,200.00 for the aforementioned easement.  The following legislation authorizes the Executive Director of the Department of Recreation and Parks to execute those instruments necessary to grant the subject easement to certain City owned real property, more fully described within the body of this ordinance.
 
Fiscal Impact:    The City shall receive $5,200.00 as consideration for the granting of this easement, to be deposited with the City Auditor as appropriate.
 
     Emergency Justification:  Being that is it Winter, emergency action is requested to allow for the immediate availabilty of a utility service through the above mentioned real property without delay.
        
 
Title
 
To authorize the  Executive Director of the Department of Recreation & Park to execute those documents, as requested by Columbia Gas of Ohio, Inc., necessary to grant an perpetual non-exclusive easement through real property owned by the City, commonly known as the Woodbridge Green Park 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 is the owner of certain real property located in the vicinity of Fall Haven Drive and Hard Road, commonly known as the Woodbridge Green Park; and
 
WHEREAS,      Columbia Gas of Ohio, Inc., desires to relocate a gas line through a portion of the aforementioned City owned real property; and
 
WHEREAS,      after investigation, it has been determined that the granting of a perpetual easement will not adversely affect the City; and
 
WHEREAS,      the Department of Law, Real Estate Division, has determined a value of $5,200.00 for the aforementioned easement; and
 
WHEREAS,      an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Executive Director of the Department of Recreation & Park to execute those instruments prepared by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive easement in, under, across, over and through a certain portion of that City owned real property commonly known as Woodbridge Green Park for the immediate preservation of the public health, peace, property and safety; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That the Director of the Executive Department of Recreation & Park be and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to grant the following described perpetual non-exclusive easement in, under, across, over and through a certain portion of that City owned real property commonly known as Woodbridge Green Park, as requested by Columbia Gas of Ohio, Inc., to wit:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Lot 15 and Lot 24 as the same are numbered and delineated upon the recorded plat of Flavel Tuller's Survey of Section 1, Township 2, Range 19, United States Military Lands, of record in Plat Book 3, Page 60, containing 3.326 acres of land conveyed to the City of Columbus in Official Record 14196, E-15 and 3.326 acres of land conveyed to the City of Columbus in Official Record 11996, C-03, being all of that 6.652 acre tract of land described in Exhibit "A" in the deed to Kenneth R. Campbell, of record in Official Record 07504, A-04 and being an easement out of said 3.326 and 3.326 acres of land conveyed to the City of Columbus, (all references to records being on file in the Office of the Recorder, Franklin County, Ohio) said easement being further described as follows:
      Beginning for reference at the southwesterly corner of said 3.326 acre tract of land described in Official Record 14196, E-15 being in the centerline of Hard Road, thence N 02º 28' 04" E, along the westerly line of said 3.326 acre tract of land, a distance of 40.00 feet to a point;
      Thence N 11º 01' 20" W, continuing along the westerly line of said 3.326 acre tract of land, a distance of 20.51 feet, being the True Place Of Beginning;
      Thence N 11º 01' 20" W, along the westerly line of said 3.326 acre tract of land, a distance of 20.21 feet to a point;
      Thence N 87º 19' 37" E, a distance of 154.12 feet to a point;
      Thence N 71º 35' 18" E, a distance of 107.08 feet to a point;
      Thence with a curve to the right having a length of 146.65 feet, a radius of 402.00 feet, a delta of 20º 54' 07", and a chord bearing N 82º 02' 21" E, a distance of 145.84 feet to a point;
      Thence S 09º 14' 26" E, a distance of 20.45 feet to a point;
      Thence with a curve to the left having a length of 143.51 feet, a radius of 382.00 feet, a delta of 21º 31' 32", and a chord bearing of S 82º 21' 04" W, a distance of 142.67 feet to a point;
      Thence S 71º 35' 18" W, a distance of 109.84 feet to a point;
      Thence S 87º 19' 37" W, a distance of 153.95 feet to the True Place Of Beginning, and containing 0.187 acres (8,151.58 square feet).
      
For the purpose of this description, a bearing of S 87º 31' 56" E was used on the centerline Hard Road, State of Ohio, County of Franklin, City of Columbus, Section 1, Township 2, Range 19, United States Military Lands.
      Hockaden and Associates, Inc., Frank C. Long, P.S. No. 6615, 7/10/02.
 
Prior Instrument Reference:      O.R. Vol. 14196, Pg. E-15,
O.R. Vol. 11996, Pg. C-03,
       Recorder's Office, Franklin County, Ohio.
 
 
      Section 2.      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 3.      The Five Thousand Two Hundred Dollars ($5,200.00) to be received by the City of Columbus, Department of Recreation & Parks for the granting of the easement shall be deposited as follows: Project # 747999; Dept./ Div. 51-01; Fund # 747; O.C.A. Code 054312; Object Level 0819.   
 
      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.