Explanation
Background: The City of Columbus, Ohio is the owner of certain real property located in the vicinity of South High Street and West Williams Road, west of the former Kmart Department Store site, which is used as Heer City Park. By virtue of certain recorded instruments, referenced in the body of this ordinance, the City of Columbus is also the successor of certain easements created between the aforementioned City owned property, the former Kmart site, and an adjacent parcel located at the corner of Williams Road and South High Street. Southeast Shore Properties Inc., as a result of its proposed Walgreen's store development plans is under contract to purchase the 2.005 + acre parcel at the southeast corner of Williams Road and South High. Southeast Shore Properties Inc. has requested that the City of Columbus release its easements in the aforementioned site. After investigation, it has been determined that the subject easements are not needed, and their release, with respect to the purposed 2.005 + acre Walgreen Store site, will not adversely affect the City and therefore should be granted. The following legislation authorizes the Director of the Recreation and Parks Department to execute those documents necessary to release the aforementioned easements.Fiscal Impact: N/A Emergency Justification: Emergency action is necessary to permit Southeast Shore Properties, Inc. to meet contingencies under its purchase contract by October 23, 2003.
Title
To authorize the Director of the Recreation and Parks Department to execute those documents necessary to release certain easements, located in the vicinity of West Williams Road and South High Street at the request of Southeast Shore Properties Inc., and to declare and emergency.
Body
WHEREAS, the City of Columbus, Ohio is the owner of certain real property located in the vicinity of South High Street and West Williams Road, west of the former Kmart Department Store site known as Heer Park; and
WHEREAS, by virtue of certain recorded instruments, referenced in the body of this ordinance, the City of Columbus is also the successor of certain easements created between the aforementioned City owned property, the former Kmart site, and an adjacent parcel located at the corner of West Williams Road and South High Street; and
WHEREAS, Southeast Shore Properties Inc., as a result of its proposed Walgreen's store development plans, has requested that the City of Columbus release its interest in the easements on a 2.005 + acre parcel, in order to enable Southeast Shore Properties Inc. to obtain clear title; and
WHEREAS, after investigation by the City, it has been determined that, with respect to the 2.005 + acre parcel, the subject easements are not needed, and their release will not adversely affect the City and therefore should be granted; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department, in that it is immediately necessary to authorize the Director of the Recreation and Parks Department to execute those documents necessary to release certain aforementioned easements, 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 Recreation and Parks Department be, and hereby is authorized to execute those documents, as prepared and/or approved by the Department of Law, Real Estate Division, necessary to release the City's right to those certain ingress and egress easements and parking, access, drainage and utility easements over or affecting all or any part of the 2.005 + acre proposed Walgreen site legally described on Exhibit "A" attached hereto and made a part hereof, as set forth and recorded in Volume 3292, Page 232, Volume 3421, Page 807 and Volume 3777, Page 309 of the Franklin County Recorder's Office.
Section 2. That any legal descriptions to be used to more fully describe the release of the easement, as are necessary, shall be prepared at no cost to the City of Columbus.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part thereof, 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.