Explanation
Background: The City of Columbus, "City", pursuant to Ordinances 0181-2006, 0892-2008, 1742-2008 and 0990-2009 sold a 2.529 acre tract and a 4.674 acre tract of City owned land, formerly Franklin County Tax Parcel Number 010-067230, located on the southwest corner of W. Third Avenue and Olentangy River Road, and commonly referred to as the "former heliport site" to Gowdy Partners, LLC and Gowdy Partners III, LLC, respectively. The City of Columbus retained a specific 2.292 acre tract from Tax Parcel 010-067230, upon which Fire Station #25, Police Precinct #1 Substation and a Department of Recreation and Parks Maintenance Facility are now located (Tax Parcel Number 010-288226).
In order to obtain access to and from Olentangy River Road to the City's 2.292 acre tract, the City will need to enter into and accept an access easement with Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, and Gowdy Partners III, LLC. In exchange, the City will grant Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, and Gowdy Partners III, LLC ingress and egress rights over a certain 0.059 acre portion of the City's 2.292 acre tract, which will allow Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, and Gowdy Partners III, LLC, access to and from W. Third Avenue. No City funds will be expended for the easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to delay the benefit to the City, which will result from the access easement rights for ingress and egress over and through the "Gowdy Field" properties, therein providing access to Olentangy River Road and W. Third Avenue.
Title
To authorize the Director of the Department of Finance and Management to enter into, grant and accept a Access and Ingress/Egress Easement Agreement, at no cost to the City, with Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC and Gowdy Partners III, LLC, for the purpose of providing sufficient access for ingress and egress to W. Third Avenue and Olentangy River Road, and 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, The City of Columbus, pursuant to Ordinances 0181-2006, 0892-2008, 1742-2008 and 0990-2009 sold a 2.529 acre tract and a 4.674 acre tract from City owned land, formerly Franklin County Tax Parcel Number 010-067230, located on the southwest corner of W. Third Avenue and Olentangy River Road, commonly known as 739 W. Third Avenue/681 W. Third Avenue, to Gowdy Partners and Gowdy Partners III, LLC; and,
WHEREAS, the City of Columbus retained Franklin County Tax Parcel Number 010-288226, a 2.292 acre tract, which was split out from Franklin County Tax Parcel Number 010-067230; and,
WHEREAS, Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, and Gowdy Partners III, LLC currently own adjacent or connecting real properties to Franklin County Tax Parcel Number 010-288226, said adjacent or connecting real properties collectively referred to as "Gowdy Field", being the real property located immediately west of Olentangy River Road, South of W. Third Avenue, North of Goodale Avenue and East of the first set of railroad tracks just West of Olentangy River Road; and,
WHEREAS, Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, Gowdy Partners III, LLC and the City of Columbus wish to grant one another an access easement for ingress and egress over and through the "Gowdy Field" properties and that portion of the City's property a 0.059 acre tract, more fully described in the attachment hereto, which will allow traffic to access "Gowdy Field" and the City's property to and from both Olentangy River Road and W. Third Avenue; and,
WHEREAS, the granting and acceptance of the access easement will not require the expenditure of City funds; and,
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Director of the Department of Finance and Management to execute those documents, as approved by the Real Estate Division, Department of Law, to enter into, grant and accept a Access and Ingress/Egress Easement Agreement with Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, and Gowdy Partners III, LLC, 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 Department of Finance and Management be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to enter into, grant and accept a Access and Ingress/Egress Easement Agreement with Time Warner Entertainment Company, L.P., Gowdy Partners, LLC, Gowdy Partners II, LLC, and Gowdy Partners III, LLC.
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.