Explanation
Background: This ordinance is to authorize the Director of the Recreation and Parks Department to formally acquire, accept and dedicate three (3) parkland parcels together with three (3) ingress/egress access easements for parkland located in the vicinity of Avery Road and Hayden Run Road, Dublin Ohio 43016. Additionally this ordinance will give the Director of the Recreation and Parks Department the authority to grant a temporary construction easement and permanent easement, together with any other necessary easements, for the storm water pond and associated appurtenances serving the overall development of Riggins Run Apartments, by DC Building Company, LLC.
Ordinance #2733-2015, supporting the zoning application Z14-010 for DC Building Company, LLC, approved the overall development of Avery and Hayden Run roads and the annexation of 6.32 acres (CV15-061). This development includes a significant regional improvement with the extension of Hayden Crossing Blvd from Avery Rd, through the development, connecting to Riggins Road in the City of Hilliard. This development also includes an 8.486 acre parkland dedication that preserves the Hayden Run Creek and a 1.796 acre parkland dedication that preserves a notable tree stand as well as a 2.084 acre neighborhood park.
Havery Run, LLC or it successors, will enter into a Maintenance Agreement with the City to collaborate on the neighborhood park design and construction and perpetual maintenance of the 2.084 acre neighborhood City Park.
Principal Parties:
DC Building Company, LLC
485 Metro Place South, Suite 350
Dublin, Ohio 43017
David Ruma, 614-325-8957
Community Input/Issues: The Riggins Run Development was presented to the Area Commission/Civic Association and approved. Likewise, the Columbus Recreation and Parks Commission and City Council approved the parkland and the development, including the variances.
Area(s) Affected: Hayden Run (30)
Master Plan Relation: Having this parkland deeded from Havery Run, LLC will provide both developed parkland and conservation parkland to an underserved area of the City of Columbus. Additionally, in acquiring the conservation area, the natural areas will preserve trees and protect the Hayden Run stream corridor.
Fiscal Impact: No cost to the city
Title
To authorize the Director of the Recreation and Parks Department to formally acquire, accept and dedicate three (3) parkland parcels together with three (3) ingress/egress access easements for parkland in the vicinity of Avery Road and Hayden Run Road; to authorize the Director of the Recreation and Parks Department to grant a temporary construction easement and a permanent easement for a storm water pond to Havery Run, LLC or its successors; to authorize the Director of the Recreation and Parks Department to enter into any necessary agreements with Havery Run, LLC or its successors in order to address any real estate tax, assessment or construction and maintenance issues; and to declare an emergency.
Body
WHEREAS, it is necessary that the Director of the Recreation and Parks Department formally acquire, accept and dedicate three (3) parkland parcels together with three (3) ingress/egress access easements for parkland located within the vicinity of Avery Road and Hayden Run Road, Dublin Ohio 43016; and
WHEREAS, once the parkland is deeded to the City, the City intends to grant easements burdening a portion of City property located in the vicinity of Avery Road and Hayden Run Road, Dublin Ohio 43016 including, but not limited to, a 1.369 acre temporary construction easement and a 0.925 acre storm water easement; and
WHEREAS, the City intends for the Director of the Recreation and Parks Department to execute and acknowledge any document(s) necessary to quitclaim grant the Easements to Havery Run LLC, an Ohio limited liability company and/or its successors; and
WHEREAS, the City intends for the director of the Recreation and Parks Department to enter into any necessary agreements with Havery Run LLC, or its successors, in order to address any real estate tax, assessment implications, or construction and maintenance issues associated with the Real Estate’s acquisition and acceptance; and
WHEREAS, the City intends for the City Attorney to approve all document(s) associated with this ordinance; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to authorize the Director to formally acquire, accept and dedicate three (3) parkland parcels so the parkland can be developed during construction of the subdivision, for the public health, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Recreation and Parks Department be and hereby is authorized to formally acquire, accept and dedicate three (3) parkland parcels together with three (3) ingress/egress access easements for parkland located within the vicinity of Avery Road and Hayden Run Road, Dublin Ohio 43016; and
SECTION 2. That the Director of the Recreation and Parks Department be and hereby is authorized to execute and acknowledge any document(s) necessary to quitclaim grant to Havery Run LLC and its successors a non-exclusive temporary construction easement and a non-exclusive storm water easement together with any other necessary easements and burdening a portion of the City’s real property located in the vicinity of Avery Road and Hayden Run Road, Dublin Ohio 43016. These easements are generally described and depicted in the four (4) page attachment, which is fully incorporated for reference as if rewritten.
SECTION 3. That the Director of the Recreation and Parks Department is authorized to enter into any necessary agreements with Havery Run LLC or its successors in order to address any real estate tax, assessment or construction and maintenance issues.
SECTION 4. That the City Attorney is required to preapprove all documents executed by the City pursuant to this ordinance.
SECTION 5. 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.