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File #: 1301-2008    Version: 1
Type: Ordinance Status: Passed
File created: 7/31/2008 In control: Judiciary And Court Administration Committee
On agenda: 9/8/2008 Final action: 9/10/2008
Title: To authorize the Director of the Recreation and Parks Department to grant Columbia Gas of Ohio, Inc., an utility easement in order to relocate its existing gas line through that real property commonly known as Whittier Peninsula in order to accommodate the development of a park and nature center, 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.
Sponsors: Hearcel Craig, Priscilla Tyson
Explanation
 
Background:        In 1998 City Council adopted the Riverfront Vision land use and development plan, which includes the redevelopment of the Whittier Peninsula.  The Franklin County Metro Parks Department is engaged in the development of a park and nature center in conjunction with Audubon Ohio on a portion of the Whittier Peninsula.  The development of the park necessitates that Columbia Gas of Ohio, Inc. (hereinafter "Gas Company") relocate certain existing gas lines in order to accommodate the park and nature center.  The Gas Company requests that the City grant a gas line utility easement necessary for this relocation.  After investigation, the Recreation and Parks Department has determined that the granting of the requested easements will not adversely affect the City and should be allowed.  The service to be provided by the proposed gas lines will benefit the City and therefore there is no charge for the easement.  The following ordinance authorizes the Director of the Recreation and Parks Department to execute those instruments necessary to grant the easement to that City owned property commonly known as Whittier Peninsula, more fully described within the body of this ordinance.
 
FISCAL IMPACT:  N/A
 
 
Emergency Justification:  Emergency action is requested to allow for the immediate relocation of the gas company's utility line as not to delay the realization of the proposed City park and nature center.  
 
Title
 
To authorize the Director of the Recreation and Parks Department to grant Columbia Gas of Ohio, Inc., an utility easement in order to relocate its existing gas line through that real property commonly known as Whittier Peninsula in order to accommodate the development of a park and nature center, 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,      In 1998 City Council adopted the Riverfront Vision land use and development plan, which includes the redevelopment of the Whittier Peninsula; and
 
WHEREAS,       the Franklin County Metro Parks Department is engaged in the development of a park and nature center in conjunction with Audubon Ohio on a portion of the Whittier Peninsula; and
 
WHEREAS,       the development of the park necessitates that Columbia Gas of Ohio, Inc., relocate an existing gas line in order to accommodate the park and nature center; and
 
WHEREAS,      the Gas Company requests that the City grant a gas line utility easement necessary for this relocation; and
 
WHEREAS,       after investigation, the Recreation and Parks Department has determined that the granting of the requested easements will not adversely affect the City and should be allowed; and
 
WHEREAS,       the service to be provided by the proposed gas lines will benefit the City and therefore there is no charge for the easement, and
 
WHEREAS,      an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Director of Recreation and Parks Department to execute those instruments, prepared and approved by the Real Estate Division, Department of Law, necessary to grant an easement to Columbia Gas of Ohio, Inc., so as not to delay the resulting benefit to the City, 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, prepared by the Real Estate Division, Department of Law, necessary to grant a gas line easement to Columbia Gas of Ohio, Inc. in, under, across, over, and through the following described real property, to-wit:
 
DESCRIPTION OF A GAS LINE EASEMENT
AUDUBON CENTER
WHITTIER PENINSULA - CITY OF COLUMBUS PROPERTY
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a 15.00 foot wide strip of land located on the Whittier Peninsula, along vacated Whittier Street and starting approximately 558 feet west of the intersection of Whittier Street and relocated Maier Place, and being more particularly described as follows:
 
      Beginning FOR REFERENCE at Whittier Peninsula Control Monument No. 4 (State Plane Coordinates N708855.470, E1826080.667); thence North 07º03'45" West, a distance of 66.63 feet to the TRUE PLACE OF BEGINNING(State Plane Coordinates N708921.507, E1826072.350);
             Thence South 35°42'44" West, a distance of 57.86 feet to a point;
             Thence North 59°33'54" West, a distance of 331.59 feet to a point;
             Thence North 52°53'25" West, a distance of 52.59 feet to a point;
             Thence South 30°37'29" West, a distance of 19.68 feet to a point;
            (State Plane Coordinates N709057.288, E1825700.713)
             Thence North 53°35'44" West, a distance of 213.25 feet to a point;
             Thence North 50°59'05" West, a distance of 114.52 feet to a point;
             Thence North 48°05'35" West, a distance of 207.75 feet to a point;
             Thence North 47°29'07" West, a distance of 96.40 feet to a point;
       (State Plane Coordinates N709459.851, E1825214.426)
              Thence North 47°59'38" East, a distance of 105.72 feet to a point, said point being located South 68°27'04" East, a distance of 208.04 feet from Whittier Peninsula Control Monument No. 3 (State Plane Coordinates N709606.955, E1825099.616);
             Thence South 42°00'22" East, a distance of 15.00 feet to a point;
             Thence South 47°59'38" West, a distance of 89.21 feet to a point;
             Thence South 47°29'07" East, a distance of 79.82 feet to a point;
             Thence South 48°05'35" East, a distance of 207.29 feet to a point;
             Thence South 50°59'05" East, a distance of 113.80 feet to a point;
              Thence South 53°35'44" East, a distance of 196.32 feet to a point;
              Thence North 30°37'29" East, a distance of 19.89 feet to a point;
              Thence South 52°53'25" East, a distance of 68.51 feet to a point;
              Thence South 59°33'54" East, a distance of 317.04 feet to a point;
              Thence North 35°42'44" East, a distance of 44.19 feet to a point;
              Thence South 54°17'16" East, a distance of 15.00 feet to the TRUE PLACE OF BEGINNING.
 
Bearings herein are based on the NAD 83 Ohio State Plane Coordinate System, South Zone, utilizing monuments COC 13-83 and COC 18-83.
 
      This description was prepared by M•E Companies, Inc., Civil Engineering Group.
 
M•E Companies, Inc.
Civil Engineering Group
By: David L. Chiesa
    Registered Surveyor No. 7740
 
 
      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.