Explanation
Background: The City of Columbus has been granted bikeway/walkway easements in, over, under, across, and through State of Ohio and/or The Ohio State University real property for purposes of constructing, installing, reconstructing, replacing, removing, repairing, maintaining and operating bikeways/walkways and appurtenances thereto. The State of Ohio, Department of Administrative Services, and the University, by State statute, may grant only a 15-year easement to the City of Columbus for such purposes. Therefore, from time to time the easements expire, making it necessary to renew existing easements or to obtain new easements in order to continue operating such bikeways/walkways. It is the policy and practice of the State of Ohio and The Ohio State University that such deeds of easement be signed on behalf of the Grantee for purposes of accepting the terms therein. The Director of Recreation & Parks Department does not have the authority without an ordinance of Council to sign accepting such easements on behalf of the City of Columbus. The following legislation would grant the Director of the Department of the Recreation & Parks Department the continuing authority to execute, on behalf of the City of Columbus, all bikeway/walkway easement agreements between the City of Columbus and the State of Ohio and/or The Ohio State University, provided the same are approved as to form or prepared by the City Attorney's Office, Real Estate Division.
Fiscal Impact: N/A
Emergency Justification: N/A
Title
To grant the Director of Recreation & Parks Department the authority to execute, on behalf of the City of Columbus, all new or renewal bikeway/walkway easement agreements that the Director has determined must be obtained from the State of Ohio and/or The Ohio State University, as necessary for the construction, operation or maintenance of such bikeways/walkways.
Body
WHEREAS, the City of Columbus has been granted easements in, over, under, across, real property owned by the State of Ohio and The Ohio State University,for the purposes of constructing, installing, reconstructing, replacing, removing, repairing, maintaining and operating bikeways/walkways and appurtenances thereto; and,
WHEREAS, the State of Ohio and The Ohio State University, acting through the Department of Administrative Services, pursuant to the Ohio Revised Code, may grant only a 15 year easement to the City of Columbus for such purposes; and,
WHEREAS, from time to time such 15 year easements expire or new easements are required, making it necessary to renew existing easements or obtain new easements in order to continue operating and improving such bikeways/walkways; and,
WHEREAS, it is the policy and practice of the State of Ohio and The Ohio State University that such deeds of easement be signed on behalf of the Grantee for purposes of accepting the terms contained therein; and,
WHEREAS, the Director of Recreation & Parks Department, does not have the authority to sign and accept such easements on behalf of the City of Columbus; and
WHEREAS, it is in the best interest of the City for the Director of Recreation & Parks Department, as the City official with the specific knowledge of the need for easements for bikeways/walkways under her/his direction and control, to be authorized to accept and sign as Grantee, on behalf of the City, for all bikeway/walkway easements granted by the State of Ohio and The Ohio State University without the necessity of future ordinances accepting each easement; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. The Director of Recreation & Parks Department, is hereby granted continuing authority to execute, on behalf of the City of Columbus, all new or renewal bikeway/walkway easement agreements that the Director has determined must be obtained from the State of Ohio and/or The Ohio State University, as necessary for the construction, operation or maintenance of such bikeway/walkway easement agreements, provided that such easement agreements do not require the expenditure of funds and are approved as to form or prepared by the City Attorney's Office, Real Estate Division.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.