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File #: 0919-2004    Version: 1
Type: Ordinance Status: Passed
File created: 5/10/2004 In control: Recreation & Parks Committee
On agenda: 6/7/2004 Final action: 6/9/2004
Title: To authorize the Executive Director of the Department of Recreation & Parks to execute those instruments necessary to grant perpetual sub-surface easement to Columbus Southern Power Company, through that real property commonly known as the Arena District Arch Park, located in the vicinity of Spring Street and John H. McConnell Blvd, 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.
Explanation
 
Background:  The Columbus Southern Power Company has requested that the City of Columbus grant a sub-surface easement under and through certain City real property.  For reference purposes only, the aforementioned easement is to be granted through real property commonly known as the Arena District Arch Park, located in the vicinity of Spring Street and John H. McConnell Blvd.  After investigation, it has been determined by the Recreation and Parks Department that the subject easement will not adversely affect the City and should be granted.  The easement, more fully described in the body of this legislation, should be granted at no charge in exchange for certain real property being donated to the City by the Columbus Southern Power Company for the Department of Recreation and Parks' North Bank Park Project.  The following legislation authorizes the Executive Director of the Department of Recreation & Parks to execute those instruments necessary to grant the aforementioned easement.
 
 
Fiscal Impact:  N/A
 
 
Emergency Justification:  N/A
 
 
Title
 
To authorize the Executive Director of the Department of Recreation & Parks to execute those instruments necessary to grant perpetual sub-surface easement to Columbus Southern Power Company, through that real property commonly known as the Arena District Arch Park, located in the vicinity of Spring Street and John H. McConnell Blvd, 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.
 
 
Body
 
WHEREAS,      the City of Columbus, Department of Recreation and Parks, is the owner of certain real property commonly known as the Arena District Arch Park, located in the vicinity of Spring Street and John H. McConnell Blvd; and
 
WHEREAS,      the Columbus Southern Power Company has requested a perpetual sub-surface easement through the aforementioned real property in order to install a thirty inch (30")  underground case pipe containing ten (10), five inch (5") conduits which will carry electric cables to serve the growing Area District load; and
 
WHEREAS,      after investigation, the Department of Recreation and Parks has determined that the aforementioned easement, more fully described in the body of this legislation, will not adversely affect the City's use of the subject real property and should be granted at no charge in exchange for certain real property being donated to the City by the Columbus Southern Power Company for the Department of Recreation and Parks' North Bank Park Project; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That the Executive Director of the Department of Recreation and Parks be and hereby is authorized to execute those documents, prepared by the Real Estate Division, Department of Law, necessary to grant a certain easement to the Columbus Southern Power Company under the following described real property, to-wit:
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract and being part of Lot 4 of "Arena District Subdivision" as recorded in Plat Book 90, Page 75, said Lot 4 standing in the name of the City of Columbus, Ohio of record in Official Records Volume 30337, Page I-04 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
      Beginning for reference at the southwesterly corner of said Lot 4, the intersection of the northerly right-of-way line for Spring Street with the easterly right-of-way line for John H. McConnell Boulevard;
      Thence N 00º 53' 05" E, with the westerly line of said Lot 4, being said easterly right-of-way line, a distance of 346.03 feet to the True Point Of Beginning;
      Thence N 00º 53' 05" E, continuing with said westerly lot line and said easterly right-of-way line, a distance of 11.65 feet;
      Thence N 59º 59' 34" E, across said Lot 4, a distance of 173.60 feet to the easterly line of said Lot 4, the westerly right-of-way line for West Street;
      Thence S 10º 41' 28" E, with said easterly lot line sand said westerly right-of-way line, a distance of 10.61 feet;
      Thence S 59º 59' 34" W, across said Lot 4, a distance of 176.07 feet to the True Point Of Beginning, and containing 0.040 acre, more or less.
      EMH&T, Inc., John C. Dodgion, Registered Surveyor No. 8069, 1/20/04.
Prior Instrument Reference: O.R. Vol. 30337, Pg. I-04,
        Recorder's Office, Franklin County, Ohio.
      Franklin County Tax Parcel Number 010-247726.
 
      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 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
 
      Section 3.      That this ordinance shall take effect and be in force from and after the earliest period allowed by law.