Explanation
Background: Ordinance No. 1137-2007, approved on 7/23/07, rezoned that real property known as 2206 East Dublin-Granville Road (43054). As a part of the rezoning, a 70.8 +/- acre preservation area was created and permitted to be used as parkland conservation or an open green space. Per Ordinance 1137-2007, the Preservation Area is to be dedicated to the City of Columbus for the purposes of maintaining its natural environment, to topography and wetlands. As part of the transfer of the Preservation Area to the City, the New Albany Company LLC, an Ohio Limited Liability Company, has agreed that it will enter into an agreement with the City, wherein The New Albany Company, LLC associated with the donated real property through tax year 2008. It has been determined by the Recreation and Parks Department to be in the city's best interest to accept the donated preservation area. The following legislation authorizes acceptance of title to the donated real property on behalf of the City, and authorizes the Director of the Recreation and Parks Department to execute those documents relating to the allocation of taxes.
Fiscal Impact: N/A
Emergency Justification: In order to avoid the City becoming responsible for 2009 real estate taxes on the donated property, emergency action is requested as not to delay the City's acceptance of the donation and recording of the deed.
Title
To accept 70.8 +/- acres of real property donated to the City of Columbus by The New Albany Company, LLC, an Ohio Limited Liability Company, LLC for the purpose of preserving a wetland park; to authorize the Director of Recreation and Parks to execute an Agreement regarding Real Estate Taxes; and to declare an emergency.
Body
WHEREAS, Ordinance No. 1137-2007, approved on 7/23/07, rezoned that real property known as 2206 East Dublin-Granville Road (43054); and
WHEREAS, as a part of the rezoning, a 70.8 +/- acre preservation area was created and permitted to be used as parkland conservation or an open green space; and
WHEREAS, per Ordinance 1137-2007, the Preservation Area is to be dedicated to the City of Columbus for the purposes of maintaining its natural environment, to topography and wetlands; and
WHEREAS, as part of the transfer of the Preservation Area to the City, the New Albany Company, LLC has agreed that it will enter into an agreement with the City. Wherein The New Albany Company, LLC will pay all real estate taxes associated with the donated real property through tax year 2008; and
WHEREAS, it has been determined by the Recreation and Parks Department to be in the City's best interest to accept the donated preservation area into the Tax Agreement; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to accept the donated real property, as fully described in the body of this legislation, and to authorize the Director of the Department of Recreation and Parks to execute an Agreement regarding Real Estate Taxes between the City and the New Albany Company, LLC, as approved by the Department of Law, Real Estate Division, for the immediate 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 Recreations and Parks is hereby authorized, upon the execution of a Tax Agreement, to accept a deed, substantially similar to the attached, from the New Albany Company, LLC to be used for parkland and conservation of open space, as per Ordinance 1137-2007, said real property being described as:
70.774 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 2, Range 16, United States Military Lands, being part of the original 78.37 acre tract conveyed to The New Albany Company, LLC by deeds of record in Official Record 12772 J15 and Instrument Number 199811120289607, and part of the original 89.603 acre tract conveyed to The New Albany Company, LLC by deeds of record in Official Record 15680 H04 and Instrument Number 199811120289607, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at an iron pin set at the intersection of the westerly line of said original 78.37 acre tract, being the westerly line of said Range 16, and the northerly right-of-way line of Relocated State Route 161, being a common corner of Lot 99 of "Preston Commons Section 2", a subdivision of record in Plat Book 84, Page 66, and the 31.729 acre tract conveyed to State of Ohio by deed of record in Official Record 25998 B20;
Thence North 03° 41' 35" East, a distance of 2226.70 feet, with the westerly line of said original 78.37 acre tract, being the westerly line of said Range 16, and the easterly lines of said "Preston Commons Section 2", "Blendon Chase Condominium 7th Amendment", a condominium of record in Condominium Plat Book 91, Page 42, "Blendon Chase Condominium 6th Amendment", a condominium of record in Condominium Plat Book 90, Page 43, "Blendon Chase Condominium 8th Amendment", a condominium of record in Condominium Plat Book 94, Page 69, and the 63.551 acre tract conveyed to McCorkle Soaring Eagles LLC by deed of record in Instrument Number 200602150030059, to an iron pin set at a common corner of said original 78.37 acre tract and the 32.245 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200507060131302;
Thence South 86° 24' 01" East, a distance of 750.94 feet, with the line common to said original 78.37 and said 32.245 acre tracts, to an iron pin set;
Thence North 03° 28' 31" East, a distance of 526.96 feet, continuing with said common line, to an iron pin set at the common corner of said original 78.37 and 32.245 acre tracts, and the 11.809 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200506070109304;
Thence South 86° 00' 49" East, a distance of 481.31 feet, with the northerly lines of said original 78.37 and 89.603 acre tracts, and the southerly line of said 11.809 acre tract, to an iron pin set;
Thence across said original 89.603 acre tract, the following courses and distances
South 03° 59' 11" West, a distance of 102.56 feet, to an iron pin set;
South 46° 14' 47" West, a distance of 33.62 feet, to an iron pin set;
South 01° 03' 40" West, a distance of 54.03 feet, to an iron pin set;
South 12° 30' 00" East, a distance of 69.83 feet, to an iron pin set;
South 40° 17' 51" East, a distance of 64.82 feet, to an iron pin set;
South 10° 58' 44" West, a distance of 102.81 feet, to an iron pin set;
North 88° 32' 18" East, a distance of 103.02 feet, to an iron pin set;
South 31° 22' 00" East, a distance of 278.26 feet, to an iron pin set;
South 88° 46' 34" East, a distance of 42.79 feet, to an iron pin set;
South 00° 59' 10" East, a distance of 409.26 feet, to an iron pin set;
North 89° 42' 42" East, a distance of 66.89 feet, to an iron pin set;
South 52° 02' 40" East, a distance of 36.91 feet, to an iron pin set;
South 85° 44' 10" East, a distance of 29.52 feet, to an iron pin set;
South 15° 01' 39" East, a distance of 70.66 feet, to an iron pin set;
South 73° 32' 18" East, a distance of 16.94 feet, to an iron pin set;
South 86° 24' 01" East, a distance of 92.33 feet, to an iron pin set at a common corner of the remainder of said original 89.603 acre tract and said 31.729 acre tract, being the intersection of the westerly right-of-way line of Hamilton Road and the northerly right-of-way line of said relocated State Route 161;
Thence with the southerly lines of the remainders of said original 89.603 and 78.37 acre tracts, and said northerly right-of-way line, the following courses and distances:
South 06° 57' 24" West, a distance of 152.57 feet, to an iron pin set;
South 60° 54' 22" West, a distance of 207.81 feet, to an iron pin set;
South 40° 13' 56" West, a distance of 229.05 feet, to an iron pin set;
South 35° 05' 47" West, a distance of 407.01 feet, to an iron pin set;
South 49° 24' 01" West, a distance of 249.18 feet, to an iron pin set;
South 63° 16' 47" West, a distance of 1330.71 feet, to the POINT OF BEGINNING, containing 70.774 acres, more or less, of which 46.009 acres are in Parcel Number 010-212436, 21.169 acres are in Parcel Number 010-220083, and 3.596 acres are in Parcel Number 010-212435.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings herein are based on North 64° 59' 53" East for a portion of the centerline of Relocated State Route 161, as shown on the centerline survey plat of FRA-161-16.75/LIC-161-0.00, of record in Plat Book 78, Page 28.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Heather L. King Date,
Section 2. That the Director of the Department of Recreation and Parks be, and hereby is, authorized to execute those documents necessary to enter into an "Agreement Regarding Real Estate Taxes, as prepared and/or approved by the Department of Law, Division of Real Estate.
Section 3. That for the reasons stated in the preamble hereto, 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.