Explanation
Background:
The City of Columbus is engaged in the construction of Police Sub-Station #14, located on certain City owned real property located in the vicinity of Park Crescent Drive and Alshire Road. The Whitman Holding Company, an Ohio Corporation, has an existing private sewer line easement through the same City property, which must be relocated in order to accommodate the construction of the police sub-station. The City proposes to grant the Whitman Holding Company, a replacement easement in exchange for the release of its existing easement. After investigation, the Department of Finance and Management has determined that the exchange of easements will not adversely affect the City and should be allowed. The following ordinance authorizes the Director of the Department of Finance and Management to execute those instruments necessary to grant a Quit-Claim Deed of Easement to the Whitman Holding Company.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested in order to provide for the immediate relocation of a private sewer line across City property, so that the City may proceed without delay on the construction of Police Sub-Station No. 14.
Title
To authorize the Director of the Department of Finance and Management to execute a Quitclaim Deed of Easement necessary to grant the Whitman Holding Company a replacement easement in exchange for the release and relocation of its existing private sewer easement in order to accommodate the construction of Police Sub-Station #14, located in the vicinity of Park Crescent Drive and Alshire Road, and 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 Columbus is engaged in the construction of Police Sub-Station #14 to be located on certain City owned real property located in the vicinity of Park Crescent Drive and Alshire Road; and
WHEREAS, the Whitman Holding Company, an Ohio Corporation, has an existing private sewer line easement through the same City property, which must be relocated in order to accommodate the construction of the police sub-station; and
WHEREAS, the City proposes to grant the Whitman Holding Company, a replacement easement in exchange for the release of its existing easement; and
WHEREAS, after investigation, the Department of Finance and Management has determined that the exchange of easements will not adversely affect the City and should be allowed; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Director of the Department of Finance and Management to execute those instruments, approved by the Real Estate Division, Department of Law, necessary to grant an easement to Whitman Holding Company so as not to delay the City's construction of Police Sub-Station #14, 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 Director of the Department of Finance and Management be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to grant a Quit Claim Deed of Easement to The Whitman Holding Company, an Ohio Corporation, in, over, under, across, and through the following described real property, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 23, Township 12, Range 21, located in Refugee Lands, being across that 2.848 acre tract as conveyed to City of Columbus by deed of record in Instrument Number 200508040157606 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning for reference at a northeasterly corner of Grantor's tract, at the northwesterly corner of that 2.869 acre tract as conveyed to Whitman Holding Company by deed of record in Official Record 871, B-02, being on the southerly right-of-way line of Alshire Drive;
Thence S 04º 22' 41" W, with Grantor's easterly line, a distance of 200.00 feet to the True Point Of Beginning;
Thence S 04º 22' 41" W, continuing with Grantor's easterly line, a distance of 10.00 feet to a point;
Thence across Grantor's tract the following courses and distances:
N 86º 10' 30" W, a distance of 42.61 feet to a point;
S 41º 04' 23" W, a distance of 88.36 feet to a point;
S 86º 04' 23" W, a distance of 120.06 feet to a point in the easterly line of an existing 10 foot easement;
N 07º 39' 47" E, with said existing easement line, a distance of 10.21 feet to a point;
N 86º 04' 23" E, a distance of 113.87 feet to a point;
N 41º 04' 23" E, a distance of 89.18 feet to a point; and
S 86º 10' 30" E, a distance of 47.67 feet to the True Point Of Beginning, and containing 0.058 acre of land, more or less.
EMH&T, Inc., Edward J. Miller, R.S. No. 8250, 12/15/06.
Franklin County Tax Parcel Number 010-126812.
Prior Instrument Reference: Instrument Number 200508040157606,
Recorder's Office, Franklin 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.