Explanation
Background: The City has determined it necessary to acquire easements in and to two separate properties, both owned by the Franklin County Board of Commissioners ("County"). One easement will run under Cooper Stadium and will hold a storm water sewer line. The second easement will be a temporary easement necessary to the construction of a sanitary sewer line in the Jackson Pike vicinity. The County has agreed to convey the necessary easements to the City. In consideration of the granting of the two easements the County will receive at total of $120,000.00 and other valuable consideration from the City. The following legislation accepts the two easements from the County and authorizes the expenditure of $120,000.00 in consideration of their granting.
Fiscal Impact: This ordinance authorizes the expenditure of $80,000.00 from within the Sanitary Sewer Revenue Bonds Fund upon passage of this ordinance. It also authorizes the transfer and appropriation of $40,000.00 from the Storm Sewer Reserve Fund and a transfer within the Storm Sewer Bond Fund for this expenditure. Monies for the Storm expenditures will be provided from an upcoming Bond Sale via the transfer detailed in this ordinance.
Emergency Justification: Emergency action is required to obtain easement before the scheduled conveyance of the Cooper Stadium property to a third party.
Title
To authorize the purchase of two easements from the Board of Commissioners for Division of Sewerage and Drainage of Franklin County; to authorize the expenditure of $80,000.00 from the Sanitary Sewer Revenue Bonds Fund; to authorize the transfer and appropriation of $40,000.00 from the Storm Sewer Reserve Fund; to authorize the expenditure of $40,000.00 from the Voted Storm Sewer Bonds fund for the Division of Sewerage and Drainage; and to declare an emergency. ($120,000.00)
Body
WHEREAS, the City has determined it necessary to acquire easements for two separate properties, both owned by the Franklin County Board of Commissioners ("County"); and
WHEREAS, the first easement is a storm sewer easement through the former Cooper Stadium property; and
WHEREAS, the second easement is a temporary easement necessary to the construction of improvements to the Jackson Pike Wastewater Treatment Plant; and
WHEREAS, the County has agreed to convey the necessary easements to the City; and
WHEREAS, in consideration of the granting of the necessary easements the County will receive $120,000.00 from the City; and
WHEREAS, the following legislation accepts the two easements from the County and it is necessary for City Council to authorize the expenditure of $80,000.00 from the Sanitary Sewer Revenue Bonds Fund & $40,000.00 from the Storm Sewer Revenue Fund in consideration of their granting; and
WHEREAS, it is necessary to authorize the transfer and appropriation of funds from the Storm Sewer Reserve Fund to the Voted Storm Sewer Bond Fund for purposes of providing sufficient funding for this project expenditure; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended) with respect to the project described in this ordinance (the "Project"); and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to accept those easements from the Franklin County Board of Commissioners, 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 City of Columbus hereby accepts the quitclaim deed of easements for a stormwater sewer as described:
CONTRACTOR PARKING AND MATERIAL LAYOUT
Situate in the State of Ohio, County of Franklin, Township of Franklin, City of Columbus, lying in Virginia Military Survey Number 424, and being an easement on over and across a 91.42 acre tract (Tract One), a 20.00 acre tract (Tract Two) as conveyed to The City of Columbus, Ohio by deed of record in Deed Book 389, Pages 131-133, all records of the Recorder's Office, Franklin County, Ohio, said easement being more particularly described as follows:
Begin for Reference at a Point in the centerline of State Route 104 (Jackson Pike) at centerline station 14+93.66 of Ohio Department of Transportation plan FRA 62-7.29;
Thence S 65°06'41" E, a distance of 42.31 feet, to a point, said point being in the easterly right-of-way line of said State Route 104 (Jackson Pike), said point also being the Point of True Beginning for the herein described easement:
Thence the following nine (9) courses and distances over and across said 91.42 acre tract (Tract One), and said 20.00 acre tract (Tract Two):
1. S 43°05'11" E, a distance of 34.14 feet, to a point;
2. S 04°52'31" E, a distance of 109.92 feet, to a point;
3. S 14°31'47" E, a distance of 431.86 feet, to a point;
4. S 13°25'19" E, a distance of 190.72 feet, to a point;
5. S 14°01'24" E, a distance of 155.64 feet, to a point;
6. S 89°10'40" W, a distance of 219.64 feet, to a point;
7. Along a curve to the right, having a central angle of 18°32'48", a radius of 194.09 feet, an arc length of 62.83 feet, a chord bearing of N 81°32'56" W with a chord distance of 62.55 feet, to a point;
8. N 72°16'32" W, a distance of 298.99 feet, to a point;
9. Along a curve to the right, having a central angle of 35°44'31", a radius of 47.00 feet, an arc length of 29.32 feet, a chord bearing of N 54°48'29" W with a chord distance of 28.85 feet, to a point, said point being in the easterly right-of-way line of said State Route 104 (Jackson Pike);
Thence the following three (3) courses and distances along the easterly right-of-way line of said State Route 104 (Jackson Pike):
1. Along a curve to the right, having a central angle of 03°40'19", a radius of 2834.79 feet, an arc length of 181.67 feet, a chord bearing of N 23°03'09" E with a chord distance of 181.64 feet, to a point;
2. N 24°53'19" E, a distance of 532.51 feet, to a point;
3. N 29°47'16" E, a distance of 144.19 feet, to the Point of True Beginning, containing 6.301 acres (274,460.63 Sq. Ft.), more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings shown in the above description are based on the grid bearing of N 24°53'19" E for the centerline of State Route 104 (Jackson Pike), as measured between M1 and M5 Jackson Pike Wastewater Treatment Plant Monuments, as determined by a GPS network of field observations performed in October, 2007.
R.D. Zande & Associates, Inc., Robert L. Clay, R.S. #S-8121, 10/29/07.
Franklin County Tax Parcel No. 010-095230
Section 2. That the City of Columbus hereby accepts the quitclaim deed of easement to the following described real property:
Description of 20' Wide Easement Area
Crossing the Cooper Stadium Property
City of Columbus, Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey 422, and being a 20 foot wide easement area over part of a 12.640 acre tract conveyed to the Franklin County Commissioners in Deed Book 3563, Page 298, being part of the property known as Cooper Stadium, all references are to records on file in the Recorder's Office, Franklin County, Ohio.
Beginning for reference at a rebar found with a cap stamped "Franklin County Engineer" at the northwest corner of said 12.640 acre tract, being the southwest corner of a 25.375 acre tract conveyed to Bishop Edward J. Herrmann of record in Deed Book 95, Page 589, and Deed Book 3377, Page 404, said 25.375 acres being part of Greenlawn Cemetery;
Thence North 71°09'57" East, along the north line of the 12.640 acre tract, the south line of the 25.375 acre tract, 328.22 feet to the point of beginning;
Thence North 71°09'57" East, continuing along said north line, 20.75 feet to a point;
Thence crossing said 12.640 acre tract the following 6 courses and distances:
1. South 34°15'51" East, 64.94 feet to a point;
2. South 61°28'09" East, 154.92 feet to a point;
3. South 42°07'42" East, 77.31 feet to a point;
4. South 32°15'06" East, 75.30 feet to a point;
5. South 51°20'51" East, 220.74 feet to a point;
6. South 31°06'08" East, 45.61 feet to a point in the south line of said 12.640 acre tract, the north line of a 3.369 acre tract conveyed to the Columbus Metropolitan Housing Authority in Official Record 01308 A03;
Thence South 81°13'13" West, with the south line of said 12.640 acre tract, 21.62 feet to a point:
Thence crossing said 12.640 acre tract the following 6 courses and distances:
1. North 31°06'08" West, 33.83 feet to a point;
2. North 51°20'51" West, 220.54 feet to a point;
3. North 32°15'06" West, 76.93 feet to a point;
4. North 42°07'42" West, 72.17 feet to a point;
5. North 61°28'09" West, 156.35 feet to a point;
6. North 34°15'51" West, 75.30 feet to the point of beginning.
Containing 0.292 acres of land.
For the purpose of this description, a bearing of North 71°09'57" East was used for the north line of the 12.640 acre tract according to an ALTA/ACSM Land Title Survey performed by the Franklin County Engineer dated June 19, 2008 and on file in the Engineer's Office.
Pomeroy & Associates, Ltd
Mark D. Power
Professional Surveyor No. 7935
(SEE DRAWING ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF)
Section 3. That from the unappropriated monies in the Storm Sewer Reserve Fund No. 690, and from all monies estimated to come into said fund from any and all sources, and unappropriated for any other purpose during the fiscal year ending December 31, 2008, the sum of $40,000.00 is hereby appropriated to the Division of Sewerage and Drainage, Division 60-15, OCA 690001, Obj.Lvl. One 10, Obj.Lvl. Three 5502.
Section 4. That the City Auditor is hereby authorized to transfer a total of $40,000.00, from the Storm Sewer Reserve Fund to the Voted Storm Sewer Bond Fund 685, into the Storm Sewer Contingency Project, 610855, at such time as deemed necessary by the Auditor, and to expend said funds, or so much thereof as may be necessary.
Section 5. That the $40,000.00 is hereby appropriated for the Storm Sewer Contingency Project, within the Voted Storm Sewer Bond Fund; Fund 685 | Dept./Div. 60-15 | Proj# 610855 | Storm Sewer Contingency | Obj.Lvl. Three 6601 | OCA 685855.
Section 6. That upon obtaining other funds for the purpose of funding storm sewer system capital improvement work, the City Auditor is hereby authorized to repay the Storm Sewer System Reserve Fund the amount transferred above, and said funds are hereby deemed appropriated for such purposes.
Section 7. That the City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $40,000.00 (the "Obligations").
The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150-2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
Section 8. That for the purpose of paying the cost of the easements, the following expenditure, or as much thereof as may be needed, be and the same is hereby authorized as follows: Division 60-15, Fund 685, Project 610855, Object Level One 06, Object Level Three 6601, OCA Code 685855, Amount $40,000.00.
Section 9. That for the purpose of paying the cost of the easements, the following expenditure, or as much thereof as may be needed, be and the same is hereby authorized as follows: Division 60-05; Fund 665; JPWWTP Wet Weather Hydraulic Improvements; Project No. 650247; Object Level 6601; OCA Code 665247; Amount $80,000.00.
Section 10. That the City Auditor is hereby authorized to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
Section 11. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
Section 12. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
Section 13. 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 passage if the Mayor neither approves nor vetoes the same.