Explanation
Background:
The City of Columbus is engaged in the South Wellfield Expansion project, and has acquired a well site, located at the south east corner of State Route 665 and the Scioto River in Hamilton Township, which is intended to be used for water production purposes. The Ohio Environmental Protection Agency ("EPA") requires that the well site and the water withdrawn therefrom be protected against possible contamination arising from the use of the property immediately surrounding the well site. The National Lime and Stone Company ("National Lime"), an Ohio corporation, is the owner of the property immediately adjacent to the well site. National Lime desires to grant the City approximately 8.469 +/- acres of real property which will provide a protective buffer around the well, reserving an ingress/egress access easement thereon to allow vehicular traffic to access its remaining real property. In exchange for the buffer area, the City will grant National Lime certain City owned real property of equal acreage, located further away from and to the south of the well site. The following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to exchange land of equal acreage with National Lime.
Fiscal Impact: The land exchange will equally benefit both the City and The National Lime and Stone Company; therefore no money will be involved.
Emergency Justification: Emergency Action is requested to allow for the immediate protection of the City's well water production site without delay.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to accept 8.469 + acres of certain real property located at the south east corner of State Route 665 and the Scioto River in Hamilton township for water production purposes, in exchange for a deed of equal acreage to be granted to The National Lime and Stone Company, an Ohio corporation; to waive the Land Review Commission provisions of the Columbus City Codes (1959) and to declare and emergency
Body
WHEREAS, The City of Columbus is engaged in the South Wellfield Expansion project, and has acquired a well site, located at the south east corner of State Route 665 and the Scioto River in Hamilton Township, which is intended to be used for water production purposes; and
WHEREAS, the Ohio Environmental Protection Agency ("EPA") requires that the well site and the water withdrawn therefrom be protected against possible contamination arising from the use of the property immediately surrounding the well site; and
WHEREAS, the National Lime and Stone Company ("National Lime"), an Ohio corporation, is the owner of the property immediately adjacent to the well site; and
WHEREAS, National Lime desires to grant the City approximately 8.469 +/- acres of real property which will provide a protective buffer around the well; and
WHEREAS, in exchange for the buffer area, the City will grant National Lime certain City owned real property of equal acreage, located further to the south of the well site; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, in that it is necessary to authorize the Director of the Department of Public Utilities to execute those documents necessary to exchange properties of equal acreage for the 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 City of Columbus hereby accepts the following describe real property to be used for Department of Public Utilities purposes including water production:
8.469 +/-Acres Parcel
and an Ingress/ Egress
Situate in the State of Ohio, County of Franklin, and the Township of Hamilton, being a part of Lot 6, the Mordecai Cloud Farm, of record in Plat Book 3, Page 382, and being a part of Section 4, Township 3 North, Range 22 West, Matthews Survey of Range XXII, Congress Lands East of the Scioto River, being an 8.469 acres parcel of land out of the 160.294 acres of land conveyed to The National Lime and Stone Company (Grantor) and described in Instrument Number 200701090005199, this and all further references being to the records of the Franklin County Recorder's Office, being more particularly described as follows;
Beginning at a point at which a magnetic nail was called but not found at the northwesterly corner of the Grantor's 160.294 acres in the center of State Route 665 and Jackson Street (sixty feet wide) in Shadeville, of record in Plat Book 4, Page 143, said point bearing North 3° 09' 51" East a distance of 50.00 feet from an iron set in the southerly right of way line of said State Route 665, of record in Ohio Department of Transportation Location Plan London-Groveport Road, FRA-665-(13.97-14.20) , and in the Grantors westerly line at the northeasterly corner of an 8.470 acres parcel conveyed to the City of Columbus in Deed Book 3674, Page 60, said center line point being the TRUE POINT OF BEGINNING of the 8.469 acres parcel being described;
thence, South 86° 50' 09" East, with the center of said State Route 665 (sixty feet wide) along the Grantor's northerly line, a distance of 170.00 feet to a point;
thence, South 03° 09' 51" West, crossing the Grantor's lands, a distance of 870.24 feet to an iron pin set buried 18 inches below the surface, passing an iron pin set at 30.00 feet in the southerly right of way of said State Route 665;
thence, South 88° 16' 16" West, crossing the Grantor's lands, a distance of 792.47 feet to an iron pin set buried 18 inches below the surface;
thence, North 26° 42' 52" West a distance of 549.44 feet to a point in the grantor's westerly line at the low water mark of the Scioto River from a survey of the Grantor's lands dated December 19, 2006, passing a reference iron pin set at 519.44 feet;
thence, North 63° 36' 16" East, with the said low water marks and the meanders of the Scioto River, a distance of 170.00 feet to a point at a northwesterly corner of the Grantor, and the southwesterly corner of the said City of Columbus 8.470 acres parcel;
thence, South 26° 42' 52" East, with a northerly line of the Grantor, and a southerly line of the said City of Columbus 8.470 acres, a distance of 407.06 feet to a buried iron pipe called and found, passing a reference iron pin called but not found at 14.00 feet, and a reference iron pin set at 30.00 feet;
thence, North 88° 16' 16" East, with a northerly line of the grantor and a southerly line of the Columbus said 8.470 acres, a distance of 395.13 feet to a buried iron pipe called and found;
thence, North 29° 09' 28" East, continuing with a westerly line of the grantor and an easterly line of the City of Columbus said 8.470 acres, a distance of 339.84 feet to an iron pin called and found;
thence, North 03° 09' 51" East, with a westerly line of the grantor and an easterly line of the
City of Columbus said 8.470 acres, a distance of 391.34 feet to the TRUE POINT OF
BEGINNING of the parcel being described, passing the said iron pin set at the northeasterly corner of the City of Columbus 8.470 acres and the southerly right of way line of State Route 665 at 341.34 feet.
The parcel, as described above, contains 8.469 acres, more or less, subject to all legal highways, saving and excepting from the above described parcel a 1.333 acres permanent easement of ingress/egress, being more particularly described as follows;
Beginning for reference at a point at which a magnetic nail was called but not found at the northwesterly corner of the Grantor's 160.294 acres in the center of State Route 665 and Jackson Street (sixty feet wide) in Shadeville, of record in Plat Book 4, Page 143, said point bearing North 3° 09' 51" East a distance of 50.00 feet from an iron set in the southerly right of way line of said State Route 665, of record in Ohio Department of Transportation Location Plan London-Groveport Road, FRA-665-(13.97-14.20) , and in the Grantors westerly line at the northeasterly corner of an 8.470 acres parcel conveyed to the City of Columbus in Deed Book 3674, Page 60;
thence, South 86° 50' 09" East, with the center of said State Route 665 and said Jackson Street (sixty feet wide), a distance of 170.00 feet to a point;
thence, South 03° 09' 51" West, with the easterly line of the above described 8.469 acres, a distance of 30.00 feet to an iron pin set in the southerly right of way line of said State Route 665 and Jackson Street at the TRUE POINT OF BEGINNING of the 1.333 acres ingress/egress easement being described;
thence, South 03° 09' 51" West, continuing with the said 8.469 acres easterly line, a distance of 203.77 feet to a point;
thence, North 86° 50' 09" West, crossing the said 8.469 acres described above, a distance of 37.98 feet to a point;
thence, South 27° 23' 48" West, continuing across the said 8.469 acres, a distance of 294.81 feet to a point;
thence, South 05° 03' 25" West, continuing across the said 8.469 acres, a distance of 210.50 feet to a point;
thence, South 08° 41' 15" East, continuing across the said 8.469 acres, a distance of 172.13 feet to a point in the southerly line of the said 8.469 acres;
thence, South 88° 16' 16" West, with the said 8.469 acres southerly line, a distance of 60.45 feet to a point in the southerly line of the said 8.469 acres;
thence, North 08° 41' 15" West, leaving the Grantor's northerly line and crossing the said 8.469 acres, a distance of 169.76 feet to a point;
thence, North 00° 45' 13" East, continuing across the said 8.469 acres, a distance of 198.00 feet to a point in the southeasterly line of the said City of Columbus 8.470 acres parcel and a northwesterly line of the above described 8.469 acres parcel;
thence, North 29° 09' 28" East, with the said 8.470 acres City of Columbus southeasterly line and the northwesterly line of the above described 8.469 acres, a distance of 146.03 feet to an iron pin found;
thence, North 03° 09' 51" East, continuing with the said westerly line of the said 8.469 acres
and the easterly line of the said City of Columbus 8.470 acres, a distance of 21.79 feet to a point;
thence, North 28° 03' 37" East, leaving the said easterly line of the City of Columbus 8.470 acres and the westerly line of the above described 8.469 acres, crossing the said above described 8.469 acres, a distance of 243.22 feet to a point;
thence, North 03° 09' 51" East, continuing across the said above described 8.469 acres parcel, a distance of 118.97 feet to a point in the southerly right of way line of said State Route 665 and said Jackson Street;
thence, South 86° 50' 09" East, with the said southerly right of way line, a distance of 67.61 feet to the TRUE POINT OF BEGINNING. The easement of ingress/egress, as described above contains 1.333 acres, more or less.
Iron pins set are 5/8ths inch diameter rebar set flush to the surface unless otherwise stated, thirty inches long with yellow plastic identification caps marked "URS Inc.".
The basis of bearing in the above descriptions is the bearing from Concrete Monument 1A of the City of Columbus BWARI Project (CIP 491.1) to Franklin County Monument Frank 107 (Frank07 AZ MK, PID JY1618) using the NAD83(1986) adjustment as bearing South 18° 58' 52" East.
The above descriptions are based on a field survey conducted by URS, Inc. under my guidance and supervision during the period August-September 2008.
A plat of the above description is attached as Exhibit "A" and made a permanent part thereof.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor, S-6899
Section 2. That the Director of Department of Public Utilities be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to grant to The National Lime and Stone Company, an Ohio corporation a quitclaim deed in and to the following described real property in exchange for a deed for similar acreage to be granted to the City by The National Lime and Stone Company:
8.469 +/-Acres Parcel
Situate in the State of Ohio, County of Franklin, and the Township of Hamilton, being a part of Lot 6, the Mordecai Cloud Farm Survey, of record in Plat Book 3, Page 382, and being a part of Section 4, Township 3 North, Range 22 West, Matthews Survey of Range XXII, Congress Lands East of the Scioto River, being an 8.469 acres parcel of land out of the 153.08 acres of land conveyed to The City of Columbus (Grantor) and described in Official Record 02228, Page I11, this and all further references being to the records of the Franklin County Recorder's Office, being more particularly described as follows;
BEGINNING FOR REFERENCE at an iron pin called and found in the westerly right of way line of State Route 23, the southerly line of the National Lime & Stone Company 160.294 acres, of record in Instrument Number 200701090005199, and the northeasterly corner of a 5.10 acres parcel of the City of Columbus, of record in Official 02228, Page I15, being referenced by an Ohio Department of Transportation Right of Way Monument, an aluminum disk set in concrete, at a bearing of South 80° 01' 43" East for a distance of 0.34 feet;
thence, North 86° 47' 14" West, with the northerly line of the Grantor's said 5.10 acres, a northerly line of the Grantor's 153.08 acres, and a southerly line of the said National Lime & Stone Company 160.294 acres, a distance of 899.03 feet to a ½" diameter iron pin called and found at a northwesterly corner of the Grantor's said 153.08 acres and a southeasterly corner of the National Lime & Stone Company said 160.294 acres, passing an ¾-inch iron pipe at the said 5.10 acres northwesterly corner, called but not found at 656.32 feet,
thence, South 01° 22' 05" West, with a westerly line of the Grantor's 153.08 acres and an easterly line of said National Lime & Stone Company 160.294 acres, a distance of 191.47 feet to a ½"iron called and found;
thence, South 04° 24' 30" West, continuing with a westerly line of the Grantor's 153.08 acres and an easterly line of said National Lime & Stone Company 160.294 acres, a distance of 220.54 feet to a 5/8"iron pin called and found, the TRUE POINT OF BEGINNING of the 8.469 acres being described;
thence, South 04° 24' 30" West, crossing the Grantor's 153.08 acres and leaving the said National Lime & Stone Company 160.294 acres corner, a distance of 202.34 feet to a 5/8"iron pin set;
thence, North 86° 48' 49" West, continuing across the Grantor's lands, a distance of 1893.00 feet to the low water mark of the easterly bank of the Scioto River, found on the date of this survey (5 September 2008), passing a reference iron pin set at 1837.00 feet;
thence, North 38° 25' 28" East, along the said easterly bank of the said Scioto River with its meanders at the said low water, a distance of 247.68 feet to a point in a projection of the National Lime & Stone Company 160.294 acres southerly line westerly to the low water mark of the Scioto River from the survey of the Grantor's lands on 5 September 2008;
thence, South 86° 48' 49" East, leaving the said low water mark, with a northerly line of the Grantor's 153.08 acres and a southerly line of the National Lime & Stone Company's 160.294 acres, a distance of 1754.41 feet to TRUE POINT OF BEGINNING of the parcel being described, passing a reference iron pin set at 43.00 feet. The parcel, as described above, contains 8.469 acres, more or less.
Iron pins set are 5/8ths inch diameter rebar set flush to the surface unless otherwise stated, thirty inches long with yellow plastic identification caps marked "URS CORP".
The basis of bearing in the above descriptions is the bearing from Concrete Monument
1A of the City of Columbus BWARI Project (CIP 491.1) to Franklin County Monument Frank
107 (Frank07 AZ MK, PID JY1618) using the NAD83 (1986) adjustment as bearing South 18° 58' 52" East.
The above description is based on a field survey conducted by URS, Inc. under my guidance and supervision during the period August-September 2008.
A plat of the above description is attached as Exhibit "A" and made a permanent part thereof.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor, S-6899
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 its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.