Explanation
By Ordinance No. 0569-2009, passed April 20, 2009, the City approved the construction by Capitol South Community Urban Redevelopment Corporation ("Capitol South") of a park, to be known as Columbus Commons, on the site of the former City Center Mall. A portion of the funds needed for the construction of Columbus Commons will be grant funds from Franklin County and the Columbus and Franklin County Metropolitan Park District ("Metro Parks"). As a condition of these grants Capitol South is required to grant a perpetual conservation easement to Franklin County and Metro Parks which shall require the area above the underground parking garage to remain open to the public and to be used only for park purposes as defined in the easement. Because the City owns fee simple title to the area, subject to Capitol South's 99 year renewable lease, Franklin County and Metro Parks have requested, as a condition of the grants, that the City consent to the conservation easement and to be bound by the restrictions, but not the obligations to maintain the Commons, in the event Capitol South's lease terminates. The following legislation authorizes the Director of the Department of Finance and Management to execute the Conservation Easement and any ancillary documents by and among Capitol South, Metro Parks, the County, as necessary to the grant of the Conservation Easement.
Fiscal Impact: N/A
Emergency Justification: Emergency justification is requested as not to delay the construction of the park and its subsequent benefit to the City of Columbus.
Title
To authorize the Director of Finance and Management to consent to Conservation Easement Agreement, by and among Capitol South Community Urban Redevelopment Corporation, the Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District and the Franklin County Board of Commissioners on the former City Center Mall site, as part of the Columbus Commons Project; and to declare an emergency.
Body
WHEREAS, the City desires to consent to the grant of a Conservation Easement Agreement, by Capitol South Community Urban Redevelopment Corporation, ("Cap South"), to the Board of Park Commissioners of the Columbus and Franklin County Metropolitan Park District, ("Metro Parks"), and the Franklin County Board of Commissioners ("County") as grantees on the former City Center Mall site, as part of the Columbus Commons Project approved by ordinance 0569-2009; and
WHEREAS, the Conservation Easement will require the area to be open to the public and restricts its use to park purposes, opera; and
WHEREAS, as fee title owner, the City's consent to the grant of the Conservation Easement is a condition of Capitol South receiving grant funding from Metro Parks and the County to develop the park; and
WHEREAS, the Conservation Easement requires Capitol South to maintain the conservation area at its sole cost and expense; and
WHEREAS, after investigation by the Department of Finance and Management, it has been determined that the requested easement will not adversely affect the City and should be granted; 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 Finance and Management to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to provide the City's consent to the grant by Capitol South to Metro Parks, and the County of a Conservation Easement over the former City Center Mall site, for the 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 Finance and Management be and is hereby authorized on behalf of the City of Columbus, Ohio, to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to provide the City's consent to the grant by Capitol South of a Conservation Easement Agreement, to Metro Parks and the County over that area of the former City Center Mall site described in the attachment hereto.
Section 2. That for the reasons state 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.