Explanation
Background:
The City of Columbus ("City") and the Franklin County Board of Commissioners ("Franklin County") desire to grant a waterline easement to the Delco Water Company ("Delco") in order to provide certain water utilities to the Columbus Zoo. The City of Columbus has reviewed the easement request and has determined that the granting of the subject easement to Delco will not adversely affect the City and should be granted at no charge, as the waterline is solely for the benefit of the Zoo. This legislation authorizes the Director of the Recreation and Parks Department to execute those document necessary grant a waterline easement to the Delco Water Company.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the immediate installation of the waterline as not to delay the resulting benefit to the Zoo.
Title
To Authorize the Director of Recreation and Parks to execute those documents necessary to grant the Delco Water Company a waterline easement, in and to certain jointly owned City and Franklin County real property for purpose of supplying water utilities to the Zoo and to declare a emergency.
Body
WHEREAS, the City of Columbus ("City") and the Franklin County Board of Commissioners ("Franklin County") desire to grant a waterline easement to the Delco Water Company ("Delco"); and
WHEREAS, The City of Columbus has reviewed the easement request and determined that the granting of the subject easement to Delco will not adversely affect the City and should be granted at no charge, as the waterline is solely for the benefit of the Zoo; and
WHEREAS, This legislation authorizes the Director of the Recreation and Parks Department to execute those document necessary to grant a waterline easement to the Delco Water Company; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Recreation and Parks Department to execute those documents, on behalf of the City, necessary to grant the Delco Water Company a perpetual waterline easement, in and to certain joint owned City and Franklin County real property located in the vicinity of State Route 750 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 Recreation and Parks Department be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to grant to the Delco Water Company a waterline easement in and to the following described real property:
Situated in the State of Ohio, County of Delaware, Township of Liberty, Quarter Township 3, Township 3 North, Range 19, United States Military Lands, being a part of Farm Lots 13, 15 and 16, being an easement area located in that 242.82 acre tract, Parcel One, as described in a deed to City of Columbus, Ohio, (44% interest) recorded in Deed Book 514, Page 448, filed on June 23, 1989, that 242.82 acre tract, Parcel One, as described in a deed to Board of Commissioners of Franklin County, (56% interest) recorded in Deed Book 514, Page 453, filed on June 23, 1989, and that 129.467 acre tract, as described in a deed to City of Columbus, Ohio and the Board of Commissioners of Franklin County, recorded in Deed Book 668, Page 236, filed on July 21, 1999, on file in the Recorder's Office, Delaware County, Ohio, and being more particularly described as follows:
Commencing for Reference at stone found at the northeasterly corner of said 242.82 acre tract, the southeasterly corner of that 25.397 acre tract as described in a deed to Commissioners of Franklin County, Franklin County, Ohio, fifty percent (50%) and the City of Columbus, Ohio, fifty percent (50%), recorded in Official Record 30, Page 1436, filed on April 26, 2000, the northeasterly corner of Farm Lot 15 and the southeasterly corner of Farm Lot 13;
Thence N 87°03'20" W, along the northerly line of said 242.82 acre tract, northerly line of said Farm Lot 15, the southerly line of said 25.397 acre tract, the southerly line of said 120.39 acre tract and the southerly line of Farm Lot 13, a distance of 963.95 feet to a point in the westerly right of way line of Proposed State Route 750 and being the True Point Of Beginning for the parcel herein described;
Thence passing through said 242.82 acre tract, being 12 feet parallel to and northerly from the westerly right of way of Proposed State Route 750, the following nine(9) courses and distances;
1. S 09°42'30" W, a distance of 381.09 feet to a point;
2. S 12°31'39" W, a distance of 274.54 feet to a point;
3. S 29°32'42" W, a distance of 330.26 feet to a point;
4. Thence along the arc of a non-tangent curve to the right, having a radius of 854.93 feet, a central angle of 42°57'32, an arc distance of 641.00 feet to a point, said point being subtended by chord bearing S 62°09'39" W, a chord distance of 626.09 feet;
5. S 87°26'28" W, a distance of 275.21 feet to a point;
6. N 87°39'34" W, a distance of 1297.86 feet to a point;
7. N 82°45'38" W, a distance of 275.21 feet to a point;
8. Thence along the arc of a curve to the right, having a radius of 854.93 feet, a central angle of 26°03'44", an arc distance of 388.88 feet to a point, said point being subtended by chord bearing N 65°55'43" W, a chord distance of 385.54 feet;
9. N 44°55'46" W, a distance of 202.31 feet to a point;
Thence S 88°19'28" E, along the northerly line of said 242.82 acre tract, the southerly line of that original 37.169 acre tract as described in a deed to City of Columbus, Ohio, recorded in Deed Book 441, Page 537, a distance of 17.46 feet to a point;
Thence passing through said 242.82 acre tract and into said 120.39 acre tract, being 12 feet parallel to and northerly from the northerly right of way of Proposed State Route 750, the following eleven (11) courses and distances;
1. S 44°55'46" E, a distance of 188.78 feet to a point;
2. Thence along the arc of a non-tangent curve to the left, having a radius of 842.93 feet, a central angle of 25°58'43", an arc distance of 382.19 feet to a point, said point being subtended by chord bearing S 65°56'36" E, a chord distance of 378.93 feet;
3. S 82°45'38" E, a distance of 274.30 feet to a point;
4. S 87°39'35" E, a distance of 1296.83 feet to a point;
5. N 87°26'28" E, a distance of 274.30 feet to a point;
6. Thence along the arc of a non-tangent curve to the left, having a radius of 842.93 feet, a central angle of 42°51'09", an arc distance of 630.44 feet to a point, said point being subtended by chord bearing N 62°11'14" E, a chord distance of 615.85 feet;
7. N 29°32'42" E, a distance of 327.29 feet to a point;
8. N 12°31'39" E, a distance of 272.45 feet to a point;
9. N 09°42'30" E, a distance of 598.36 feet to a point;
10. N 06°16'22" E, a distance of 143.54 feet to a point;
11. N 12°33'27" E, a distance of 85.59 feet to a point in the southerly line of that 12.000 acre tract as described in a deed to New Hope Reformed Church, of record in Deed Book 336, Page 2527, filed on April 22, 2003;
Thence S 80°16'43" E, along the southerly line of said 12.000 acre tract, a distance of 12.01 feet to a point in the northwesterly right of way line of Proposed State Route 750;
Thence along the said right of way line of Proposed State Route 750, passing through said 120.39 acre tract the following three (3) courses and distances;
1. S 12°33'27" W, a distance of 85.53 feet to a point;
2. S 06°16'22" W, a distance of 143.24 feet to a point;
3. S 09°42'30" W, a distance of 217.93 feet to the Point Of Beginning and containing 1.237 acres, more or less.
The stations referred to herein reference the Centerline Survey Plat for DEL-750-0.00 prepared by ms consultants, inc. for the Ohio Department of Transportation.
The bearings for this description are based upon a field traverse originating on survey control monuments "97-141" and "97-017" as established by The Delaware County Engineer's Office in 1997, and are based upon the Ohio State Plane Coordinate system, north zone, 1983 (1986).
ms consultants, inc., John L. Price, Registered P.S. No. 7159.
Delaware County Tax Parcel Nos. 31933101003000 and 31934205002000.
Prior Instrument Reference: D.B. Vol. 514, Pg. 448; Vol. 514, Pg. 453;
and Vol. 668, Pg. 236;
Recorder's Office, Delaware County, Ohio.
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.