Explanation
Background:
The City of Columbus, Department of Public Service, received a request from the Department of Finance and Management asking that the Department of Public Service vacate all right-of-way located within Duranceau Park.
The right-of-way area is east of Dublin Road and south of Fishinger Road, along the Scioto River, encompassed by parcel 010-224180 (Duranceau Park) on all sides. Vacating this area of unimproved right-of-way will allow the City to finalize a project involving the Griggs Boathouse.
Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, before it was determined that the City will not be adversely affected by vacating this portion of right-of-way.
The Department of Public Service has agreed to vacate the asset as described within the attached legal description and extinguish its need for this public right-of-way.
FISCAL IMPACT: No funding is required by this legislation.
EMERGENCY JUSTIFICATION: Emergency action is requested due to the short construction season in Ohio, to allow the Department of Public Service to swiftly vacate the right-of-way to allow the necessary survey work to begin at the earliest date.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to vacate all the right-of-way located within Duranceau Park to the City of Columbus, Department of Finance and Management; and to declare an emergency. ($0.00)
Body
WHEREAS, The City of Columbus, Department of Public Service, received a request from The City of Columbus, Department of Finance and Management asking that the City vacate all right-of-way located within Duranceau Park; and
WHEREAS, the right-of-way area is east of Dublin Road and south of Fishinger Road, along the Scioto River, encompassed by parcel 010-224180 (Duranceau Park) on all sides; and
WHEREAS, vacating this area of unimproved right-of-way will allow the City to finalize a project involving the Griggs Boathouse; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, before it was determined that the City will not be adversely affected by vacating this portion of right-of-way; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management in that it is immediately necessary to authorize the Director of Public Service to vacate this portion of public right-of-way due to the short construction season in Ohio and in order to allow the necessary survey work to begin at the earliest date, all for the immediate preservation of the public health, peace, property, safety and welfare; and NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That all the right-of-way described and depicted in Exhibit A, which is attached hereto and made a part hereof, is no longer needed by the City of Columbus, Department of Public Service and is vacated; to-wit:
DESCRIPTION OF A Portion of right-of-way To Be VACATED
EAST OF DUBLIN ROAD - SOUTH OF FISHINGER ROAD
COLUMBUS, OHIO
Being all of the right-of-way of Circle Drive, 30 foot in width, all of the right-of-way of Riverview Drive, 30 foot in width, a portion of Thoburn Road, 30 foot in width, east of the extension of the common westerly line of Lots 17 and 18 to its easterly terminus in the westerly line of Riverview Drive, and those areas designated as “Park”, all delineated on and dedicated in the plat of “Duranceau Park”, recorded in Plat Book 7, Page 446, Recorder’s Office, Franklin County, Ohio.
SECTION 2. That a general utility easement in, on, over, across and through this right-of-way shall be, and hereby is, retained for those utilities currently located within said right-of-way.
SECTION 3. 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.