Explanation
Background: The City of Westerville, Ohio desires to construct a 14 foot bikeway/walkway for public use along that the west side of that City owned property, commonly known as the Hoover Reservoir, beginning in the vicinity of Sunbury Road and Chatham Ridge Road. The City of Westerville has therefore requested that the City grant an easement in, over, and across said real property. After investigation, it has been determined by the Department of Public Utilities that the granting of the easement will not adversely affect the City and should be allowed. The following ordinance authorizes the Director of the Department of Public Utilities to execute a deed of easement and any ancillary documents necessary for the granting of aforementioned easement.
Fiscal Impact: N/A
Emergency Justification: This request has been thoroughly investigated and contemplated by the Department of Public Utilities and at this time emergency action is requested in the spirit of inter-governmental cooperation to allow this matter to proceed without delay.
Title
To authorize the Director of the Department of Public Utilities to execute a deed of easement and any ancillary documents necessary to grant a 14 foot wide perpetual bikeway/walkway easement to the City of Westerville, Ohio, along the west side of that City owned property known as the Hoover Reservoir, 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, and to declare an emergency.
Body
WHEREAS, the City of Westerville, Ohio desires to construct a 14 foot bikeway/walkway for public use along that the west side of certain City owned property commonly known as the Hoover Reservoir, beginning in the vicinity of Sunbury Road and Chatham Ridge Road; and
WHEREAS, Westerville has requested that the City grant an easement under and across said real property, more fully described in the body of this legislation; and
WHEREAS, after investigation, it has been determined by the Department of Public Utilities that the granting of the easement will not adversely affect the City and should be granted at no charge; 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 Public Utilities to execute those instruments as approved by the Real Estate Division, Department of Law, necessary to grant a perpetual Bikeway/Walkway easement to the City of Westerville, Ohio, in the spirit of inter-governmental cooperation 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 Public Utilities be and hereby is authorized to execute a Deed of Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the City of Westerville, Ohio perpetual bikeway/walkway easement in, over, and across the following described real property:
(SEE LEGAL DESCRIPTIONS ATTACHED HERETO
AS EXHIBIT "A" AND MADE A PART HEREOF)
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 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.