EXPLANATION
BACKGROUND: The City of Columbus, Ohio ("City"), desires to grant the Board of County Commissioners, Franklin County, Ohio ("County"), a body politic organized and existing under the laws of the State of Ohio, a two (2) year temporary construction easement in, on, over, under, across, and through portions of City-owned real property located at 3119 Fisher Rd, Columbus, Ohio 43204 [Franklin County Tax Parcel № 140-005504]. The County will use the temporary easement area, which is more fully described within the body of this legislation, for the purpose of the County's project [Fisher Rd (C.R. 22) and Hague Ave (C.R. 66)]. After investigation by the City's Departments of Finance and Management and Public Utilities, it was determined that the temporary easement area requested by the County to complete its project should be granted at no charge, because of the project's benefit to the public. Therefore, the following legislation authorizes the Director of the Department of Finance and Management to execute a Quit-claim Deed of Temporary Construction Easement to grant a two (2) year temporary construction easement to the County.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested so to not delay the benefit to the City resulting from the County's completion of its project, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the Director of the Department Finance & Management to execute those documents prepared by the Columbus City Attorney, Real Estate Division, to grant a two (2) year temporary easement located at 3119 Fisher Rd, Columbus, Ohio 43204, to the Board of County Commissioners, Franklin County, Ohio, for the purpose of the County's project; and to declare an emergency.
BODY
WHEREAS, the City of Columbus, Ohio ("City"), desires to grant the Board of County Commissioners, Franklin County, Ohio ("County"), a body politic organized and existing under the laws of the State of Ohio, a two (2) year temporary construction easement in, on, over, under, across, and through portions of City-owned real property located at 3119 Fisher Rd, Columbus, Ohio 43204 [Franklin County Tax Parcel № 140-005504]; and
WHEREAS, the County will use the temporary easement area, which is more fully described within the body of this legislation, for the purpose of the County's project [Fisher Rd (C.R. 22) and Hague Ave (C.R. 66)]; and
WHEREAS, after investigation by the City's Departments of Finance and Management and Public Utilities, it was determined that the temporary easement area requested by the County to complete its project should be granted at no charge, because of the project's benefit to the public; and
WHEREAS, the following legislation authorizes the Director of the Department Finance & Management to execute those documents prepared by the Columbus City Attorney, Real Estate Division, to grant a two (2) year temporary construction easement to the County; and
WHEREAS, an emergency exists in the usual daily operation of the City, that it is immediately necessary to authorize the Director of the Department Finance & Management to execute a Quit-claim Deed of Temporary Construction Easement, and any other ancillary instruments, as approved by the Columbus City Attorney's Office, Real Estate Division, to grant a two (2) year temporary construction easement to the County from portions of City-owned real property located at 3119 Fisher Rd, Columbus, Ohio 43204 [Franklin County Tax Parcel № 140-005504], to complete the County's project [Fisher Rd (C.R. 22) and Hague Ave (C.R. 66)], which will preserve the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. On behalf of the City of Columbus, Ohio, the Director of the Department Finance & Management is authorized to execute a Quit-claim Deed of Temporary Construction Easement and any other ancillary instruments, as approved by the Columbus City Attorney's Office, Real Estate Division, necessary to grant the Board of County Commissioners, Franklin County, Ohio, a two (2) year temporary construction easement in, on, under, and through the following described City-owned real property for the purpose of the County's project [Fisher Rd (C.R. 22) and Hague Ave (C.R. 66)]:
PARCEL 16-T
Situated in the State of Ohio, County of Franklin, Township of Franklin, part of Virginia Military Survey #1279, being part of parcel 140-005504 containing 0.4241 acres as described in a deed to The City of Columbus, of record in Deed Book Volume 1790 Page 583, all references being to the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
All references herein to station and offset are to the existing centerline of right of way of Fisher Road as shown on the right of way plans for the widening of Fisher Road and Hague Avenue on file in the Franklin County Engineer's Office.
Commencing in an iron pin found in the intersection of the grantor's easterly line and the existing southerly right of way line of Fisher Road, said point being the TRUE POINT OF BEGINNING for the temporary construction easement herein described, thence;
The following four (4) courses:
1) Leaving said southerly right of way line, and continuing in said easterly line, South 23º 27' 33" East, 22.55 feet, thence;
2) Leaving said easterly line and across and through said grantor's lands, South 69º 12' 42" West, 38.94 feet, thence;
3) North 22º 29' 36" West, 21.30 feet to a point in said existing southerly right of way line, thence;
4) In said right of way line, North 67º 23' 18" East, 38.54 feet to the TRUE POINT OF BEGINNING containing 0.0195 acres of land, of which 0.0000 acres are contained within the Present Roadway Occupied, for a net acreage of 0.0195 acres of land.
Bearings herein are based on True North, using a bearing of North 38º 18' 40" East as derived from Franklin County Control Monuments FCGS-ST01 and FCGS-5335.
This description was prepared by M•E Companies, Inc., Transportation Group, based on information obtained from an actual field survey.
Scott R. Lindgren, Registered Surveyor № 7853; 1/17/2013
SECTION 2. For the reasons stated in this ordinance's preamble, which are made a part of this legislation, this ordinance is 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 (10) days after its passage if the Mayor neither approves nor vetoes this legislation.