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File #: 1143-2005    Version: 1
Type: Ordinance Status: Passed
File created: 6/15/2005 In control: Recreation & Parks Committee
On agenda: 7/18/2005 Final action: 7/20/2005
Title: To authorize the Executive Director of the Recreation and Parks Department to execute those documents necessary to grant Columbia Gas of Ohio, Inc. an easement to extend its existing gas line through that real property known as the Columbus Zoo 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.
Explanation
 
Background:
Columbia Gas of Ohio, Inc. has an existing gas utility line through that City owned property known as the Columbus Zoo.  Columbia Gas of Ohio, Inc. desires to extend certain existing gas lines in order to provide additional service to the zoo.  The gas company requests that the City grant the utility easements necessary for this extension.  After investigation, the Recreation and Parks Department determined that the granting of the requested easements will not adversely affect the City and should be granted.  The service to be provided by the proposed gas lines will benefit the City and therefore there is no charge for the easement.  The following ordinance authorizes the Executive Director of the Recreation and Parks Department to execute those instruments necessary to grant the subject easement in and to that City owned property commonly known as the Columbus Zoo, more fully described within the body of this ordinance.
 
 
Fiscal Impact:  The service to be provided by the proposed gas lines will benefit the City and therefore there is no charge for the easement.
 
 
Emergency Justification:  Emergency action is requested as not to delay the benefit of gas service to the City of Columbus.
 
 
Title
 
To authorize the Executive Director of the Recreation and Parks Department to execute those documents necessary to grant Columbia Gas of Ohio, Inc. an easement to extend its existing gas line through that real property known as the Columbus Zoo 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,      Columbia Gas of Ohio, Inc. has existing utility lines through that City owned property known as the Columbus Zoo, and
 
WHEREAS,      Columbia Gas of Ohio, Inc. desires to extend its existing gas lines in order to provide additional service to the Zoo; and
 
WHEREAS,      Columbia Gas of Ohio, Inc. requests that the City grant certain utility easements necessary for the aforementioned extension; and
 
WHEREAS,      after investigation, the Recreation and Parks Department has determined that the granting of the requested easement will not adversely affect the City, but will benefit it and should be granted at no charge; and
 
WHEREAS,      an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Executive Director Recreation and Parks Department to execute those instruments, as approved by the Real Estate Division, Department of Law, necessary to grant an easement to Columbia Gas of Ohio, Inc. so as not to delay the resulting benefit to the City, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That the Executive Director of the Recreation and Parks Department be and hereby is authorized to execute those documents, prepared by the Real Estate Division, Department of Law, necessary to grant certain easement rights to Columbia Gas of Ohio, Inc. in, under, across, over, and through the following described real property, to-wit:
 
 
EASEMENT NO. 1
      Situated in the State of Ohio, County of Delaware, Township of Liberty, and being part of U.S.M.L., Range 9, Township 3, Section 3, and being out of a 70.30 acre tract as conveyed to the City of Columbus by deed of record in Deed Book 248, Page 110, and being more particularly described as follows, (all deeds are referenced to the Delaware County Recorder's Office, Delaware County, Ohio):
      Beginning for reference in the westerly right-of-way line of State Route 257, being 48.00 feet left of centerline station 656+75.45 of said route;
      Thence N 75º 42' 00" W, leaving said right-of-way, across grantor's tract, a distance of 39.41 feet to a point in the westerly line of a 20 foot wide Columbia Gas of Ohio easement;
      Thence across and through said City of Columbus tract, with the westerly line of said easement, the following twelve (12) courses and distances:
      N 16º 09' 19" E, a distance of 190.91 feet to a point;
      N 03º 14' 36" W, a distance of 53.36 feet to a point;
      N 60º 19' 46" W, a distance of 2.30 feet to a point;
      N 15º 07' 57" E, a distance of 123.00 feet to a point;
      N 15º 03' 22" E, a distance of 165.06 feet to a point;
      N 39º 02' 58" W, a distance of 21.01 feet to a point;
      S 67º 23' 01" W, a distance of 30.12 feet to a point;
      S 21º 20' 31" W, a distance of 82.26 feet to a point;
      S 89º 51' 37" W, a distance of 34.86 feet to a point;
      N 89º 07' 57" W, a distance of 33.39 feet to a point;
      S 70º 00' 35" W, a distance of 45.25 feet to a point;
      S 39º 09' 16" W, a distance of 6.65 feet to a point being the True Point Of Beginning;
S 13º 44' 28" W, a distance of 30.06 feet to a point;
      S 13º 51' 20" W, a distance of 33.08 feet to a point;
      S 51º 32' 27" W, a distance of 24.40 feet to a point;
      N 60º 51' 10" W, a distance of 22.14 feet to a point;
      N 39º 09' 16" E, a distance of 10.15 feet to a point;
      S 60º 51' 10" E, a distance of 13.68 feet to a point;
      N 51º 32' 27" E, a distance of 14.29 feet to a point;
      N 13º 51' 20" E, a distance of 38.66 feet to a point;
      N 39º 09' 16" E, a distance of 23.30 feet to the True Point Of Beginning, and containing 881.57 square feet of land, more or less.
      This description is based upon a survey performed by Hockaden & Associates in March 2005, with the bearings based upon the right-of-way plans for S.H. 558 Sec. B(P.T.) Del-257-085 (Delaware County) on file with the State of Ohio Department of Transportation.
      Hockaden & Associates, Inc.
 
EASEMENT NO. 2
      Situated in the State of Ohio, County of Delaware, Township of Liberty, and being part of U.S.M.L., Range 9, Township 3, Section 3, and being out of a 70.30 acre tract as conveyed to the City of Columbus by deed of record in Deed Book 248, Page 110, and being more particularly described as follows, (all deeds are referenced to the Delaware County Recorder's Office, Delaware County, Ohio):
      Beginning for reference in the westerly right-of-way line of State Route 257, being 48.00 feet left of centerline station 656+75.45 of said route;
      Thence N 75º 42' 00" W, leaving said right-of-way, across grantor's tract, a distance of 39.41 feet to a point in the westerly line of a 20 foot wide Columbia Gas of Ohio easement;
      Thence across and through said City of Columbus tract, with the westerly line of said easement, the following twenty-one (21) courses and distances:
      N 16º 09' 19" E, a distance of 190.91 feet to a point;
      N 03º 14' 36" W, a distance of 53.36 feet to a point;
      N 60º 19' 46" W, a distance of 2.30 feet to a point;
      N 15º 07' 57" E, a distance of 123.00 feet to a point;
      N 15º 03' 22" E, a distance of 165.06 feet to a point;
      N 39º 02' 58" W, a distance of 21.01 feet to a point;
      S 67º 23' 01" W, a distance of 30.12 feet to a point;
      S 21º 20' 31" W, a distance of 82.26 feet to a point;
      S 89º 51' 37" W, a distance of 34.86 feet to a point;
      N 89º 07' 57" W, a distance of 33.39 feet to a point;
      S 70º 00' 35" W, a distance of 45.25 feet to a point;
      S 39º 09' 16" W, a distance of 6.65 feet to a point in an easterly line of a 10 foot wide Columbia Gas of Ohio easement;
      Thence across and through said City of Columbus tract, with the westerly line of said 10 foot easement, the following nine (9) courses and distances:
      S 13º 44' 28" W, a distance of 30.06 feet to a point;
      S 13º 51' 20" W, a distance of 33.08 feet to a point;
      S 51º 32' 27" W, a distance of 24.40 feet to a point;
      N 60º 51' 10" W, a distance of 22.14 feet to a point;
N 60º 51' 10" W, a distance of 20.31 feet to a point being the True Point Of Beginning;
 
      
N 60º 51' 10" W, a distance of 102.77 feet to a point;
      S 53º 21' 40" W, a distance of 184.61 feet to a point;
      N 36º 38' 20" W, a distance of 10.00 feet to a point;
      N 53º 21' 40" E, a distance of 191.08 feet to a point;
      S 60º 51' 10" E, a distance of 111.01 feet to a point in a westerly line of said 20 foot wide Columbia Gas of Ohio easement;
      S 39º 09' 16" W, with said 20 foot easement a distance of 10.15 feet to the True Point Of Beginning, and containing 2947.36 square feet of land, more or less.
            This description is based upon a survey performed by Hockaden & Associates in March 2005, with the bearings based upon the right-of-way plans for S.H. 558 Sec. B(P.T.) Del-257-085 (Delaware County) on file with the State of Ohio Department of Transportation.
      Hockaden & Associates, Inc.
 
Prior Instrument Reference:      D.B. Vol. 248, Pg. 110,
       Recorder's Office, Delaware County, Ohio.
 
      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 its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.