Explanation
Background: The Franklin County Board of Commissioners is engaged in a project to improve Clifton Avenue roadway and bridge. To make way for the County's project, it is necessary that the Columbus Southern Power move its existing aerial electrical equipment from the project area. The Columbus Southern Power Company has requested that the City grant an aerial easement to certain City owned real property, located in the vicinity of Clifton Avenue and Nelson Road, over which the utility company may relocate its electrical equipment. After investigation, the Department of Recreation and Parks has determined that it is in the best interest of the City to grant the requested easement in order to help facilitate the County's repair of Clifton Avenue roadway and bridge. The following legislation authorizes the Director of the Department of Recreation and Parks to execute those instruments, on behalf of the City, necessary to grant a perpetual non-exclusive aerial easement to the Columbus Southern Power
Fiscal Impact: N/A
Emergency Justification: In the spirit of inter-governmental cooperation emergency action is requested as not to delay Franklin County's Clifton Avenue improvement project.
Title
To authorize the Director of the Department of Recreation and Parks to execute a Quitclaim Deed of Easement and any ancillary documents necessary to grant an aerial easement to the Columbus Southern Power Company in order to relocate existing electrical equipment to accommodate Franklin County's Clifton Avenue roadway and bridge improvement project, 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 Franklin County Board of Commissioners ("County") are engaged in a project to improve Clifton Avenue roadway and bridge; and
WHEREAS, to make way for the County's project, it is necessary that the Columbus Southern Power move its existing aerial electrical equipment from the project area; and
WHEREAS, the Columbus Southern Power Company has requested that the City grant an aerial easement to certain City owned real property, located in the vicinity of Clifton Avenue and Nelson Road, more fully describe in the body of this ordinance, over which the utility company may relocate its electrical equipment; and
WHEREAS, after investigation, the Department of Recreation and Parks has determined that it is in the best interest of the City to, in the spirit of inter-governmental cooperation, grant the requested easement as not to delay the County's rebuilding of the Clifton Avenue roadway and bridge; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Department of Recreation and Parks to immediately execute those instruments, as approved by the Real Estate Division, Department of Law, necessary to grant certain aerial easements to the Columbus Southern Power Company for the relocation of its existing electrical equipment over City owned real property in order to accommodate the "County's" project to improve the Clifton Avenue roadway and bridge, 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 Recreation and Parks be and hereby is authorized to execute those documents, as prepared and approved by the Real Estate Division, Department of Law, necessary to grant an aerial easement over the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of ½ Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land over a 1.131 acre tract as conveyed to the City of Columbus, a municipal corporation, by deed of record, Deed Book 1446, Page 79, Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at the northwesterly corner of said 1.131 acre tract, said corner being the intersection of the southerly right-of-way line of Clifton Avenue (60.00 feet wide) and the easterly right-of-way line of Nelson Avenue (60.00 feet wide);
Thence S 86º 18' 39" E, a distance of 317.10 feet along the southerly right-of-way line of said Clifton Avenue, and also along the northerly line of said 1.131 acre tract, to the northeasterly corner of said 1.131 acre tract, said corner being also the northwesterly corner of a 20.125 acre tract as conveyed to Rt. Rev. James J. Hartley Bishop of Columbus, Ohio by deed of record, Deed Book 767, Page 185, Recorder's Office, Franklin County, Ohio;
Thence S 36º 08' 21" W, a distance of 5.93 feet along the easterly line of said 1.131 acre tract, and also along the westerly line of said 20.125 acre tract;
Thence crossing the said 1.131 acre tract by the following described two (2) courses:
1. N 86º 18' 39" W, a distance of 254.13 feet;
2. S 72º 37' 35" W, a distance of 77.26 feet to the westerly line of said 1.131 acre tract, and said being also in the easterly right-of-way line of said Nelson Avenue;
Thence N 24º 16' 21" E, a distance of 35.00 feet along the westerly line of the said 1.131 acre tract, and also along the easterly right-of-way line of said Nelson Avenue to the Place Of Beginning, containing 0.056 acres, more or less.
Bearings shown herein are based on the bearing (S 86º 18' 39" E) along the centerline of Clifton Avenue as shown in plans of record Clifton Ave. Bridge Mon-675-0.07 over Alum Creek (Dated 2007) on file at the Franklin County Engineers Office.
This description was prepared in the Franklin County Engineers Office by David L. Pearson, P.S., Ohio Registered Surveyor No. 7298, from deeds and plats of record, Recorder's Office, Franklin County, Ohio.
David L. Pearson, R.S. No. 7298, 1/26/07.
Franklin County Tax Parcel Number 010-036859.
Prior Instrument Reference: O.R. Vol. 1446, Pg. 79,
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.