Explanation
The State of Ohio, Department of Transportation ("ODOT") is finalizing the acquisition of real property needed for its "Del. 257 - 0.078 Highway Improvement Project", located along State Route 257, just south of the Glick Road and State Route 750 intersection to just north of the Columbus Zoo. ODOT has determined that the acquisition of certain City of Columbus ("City") owned real property, which is subject to a long term lease to the Columbus Zoological Park Association ("Zoo") is necessary for the project's completion. Therefore, ODOT has requested that in the spirit of intergovernmental cooperation, the City grant that real property and/or interests therein as more fully described in the body of the legislation, to ODOT at no charge. In exchange ODOT has made concessions for Zoo encroachments and/or use of the right of way. Following a request and approval from the Zoo to proceed with the grant to ODOT, an investigation by the Recreation and Parks Department revealed that the granting of the requested property will not adversely affect the City and should be allowed. The following legislation authorizes the Director of the Recreation and Parks Department to execute those documents necessary to grant certain City owned real property interests to ODOT for the completion of its "Del. 257 - 0.078 Highway Improvement Project"; to amend the lease with the Zoo as may be necessary; and to release certain access rights to State Route 257 as may be necessary for the project.
Fiscal Impact: N/A
Emergency Justification: This request has been thoroughly investigated and contemplated by the Department of Recreation and Parks and at this time emergency action is requested as not to delay the State's highway improvement project.
Title
To authorize the Director of the Recreation and Parks Department to execute those documents necessary to grant the State of Ohio, Department of Transportation in fee title and lesser interests certain real property necessary to its "Del. 257 - 0.078 Highway Improvement Project"; to amend the City's lease with the Zoo as may be needed; to release reservations in a previously recorded Access Restriction Acknowledgment; to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Code (1959) Revised, Section 328 and Section 329; and to declare an emergency.
Body
WHEREAS, the State of Ohio, Department of Transportation ("ODOT") is engaged in its "Del. 257 - 0.078 Highway Improvement Project"; and
WHEREAS, ODOT is finalizing its acquisition of real property needed for its "Del. 257 - 0.078 Highway Improvement Project", located along State Route 257, south of the Glick Road and State Route 750 intersection to just north of the Zoo; and
WHEREAS, ODOT has determined that the acquisition of certain City of Columbus ("City") owned real property, located in the area, more fully described in the body of the legislation, is necessary the project's completion; and
WHEREAS, ODOT has requested that in the spirit of intergovernmental cooperation, the City grant the needed real property at no charge; and
WHEREAS, in exchange ODOT has made concessions to the Zoo for encroachments and/or use of the right of way; and
WHEREAS, Following a request and approval from the Zoo to proceed with the grant to ODOT, an investigation by the Recreation and Parks Department revealed that the granting of the requested property will not adversely affect the City and should be allowed; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Director of the Recreation and Parks Department to execute those instruments as approved by the Real Estate Division, Department of Law, necessary to grant fee simple title and lesser interests to certain real property necessary to the Ohio Department of Transportation's "Del-257 Highway Improvement project", to amend the City's lease with the Zoo as may be needed, to release reservations in a previously recorded Access Restriction Acknowledgment, and 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 Department of Recreation and Parks be, and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to grant the State of Ohio, Department of Transportation a Quitclaim deed and/or a Quitclaim Deed of Highway Easement in and to the following described real property, necessary to the State's "Del-257 Highway Improvement project", reserving therein general utility easement rights for existing utilities:
See Exhibit A Attached Hereto And By This Reference Made A Part Hereof
Section 2. That the Director of the Department of Recreation and Parks be, and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to grant the State of Ohio, Department of Transportation a Quitclaim Deed of Easement for sloping in, over, under, across, and through the following described real property, necessary to the State's "Del-257 Highway Improvement project":
See Exhibit A Attached Hereto And By This Reference Made B Part Hereof
Section 3. That the Director of the Department of Recreation and Parks be, and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to grant the State of Ohio, Department of Transportation a Quitclaim Deed of Temporary Easement in, over, under across, and through the following described real property, necessary to the State's "Del-257 Highway Improvement project:":
See Exhibit A Attached Hereto And By This Reference Made C Part Hereof
Section 4. That the Director of the Department of Recreation and Parks be, and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to amend the lease with the Zoo as may be necessitated by and consistent with provisions of this ordinance:
Section 5. That the Director of the Department of Recreation and Parks be, and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to release reservations of rights of access to State Route 257 as previously recorded in Official Record 964, Page 542-554, Delaware County Recorder's Office:
Section 6. 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, Section 328.01 (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.