Explanation
Background: The City of Columbus, Ohio, ("Owner") is owner of certain real property located at 2500 Jackson Pike, Columbus, Ohio, commonly known as the Waste-to-Energy Facility. The facility is operated by the Solid Waste Authority of Central Ohio, ("Holder"), which has been required by the Ohio Environmental Protection Agency ("Ohio EPA"), pursuant to an approved July 2000 "Closure Plan" and its subsequent amendments, to excavate and remove all materials in order to properly close the facility's hazardous waste unit. Based on separate human health and ecological risk assessments, the Department of Public Utilities has determined it to be in the best interest of the City to implement appropriate certain use activity and land use restrictions on certain portions of the subject property, specifically the areas where hazardous waste is stored. Therefore the following legislation authorizes the Director of the Department of Public Utilities to execute an Environmental Covenant and any ancillary documents necessary to restrict the activity and land use of the subject real property, more fully described in the body of this legislation.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate implementation of certain activity and use limitations on the subject real property as required by the Ohio EPA's Closure Plan.
Title
To authorize the Director of the Department of Public Utilities to execute an Environmental Covenant, by the City, Solid Waste Authority of Central Ohio, and the Ohio EPA, for the purpose of implementing activity and use limitations as part of the closure of the Waste-to-Energy Facility's hazardous waste management unit, located at 2500 Jackson Pike, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, ("Owner") is owner of certain real property located at 2500 Jackson Pike, Columbus, Ohio, commonly known as the Waste-to-Energy Facility; and
WHEREAS, the facility is operated by the Solid Waste Authority of Central Ohio, ("Holder"), which has been required by the Ohio Environmental Protection Agency ("Ohio EPA"), pursuant to an approved July 2000 "Closure Plan" and its subsequent amendments, to excavate and remove all materials in order to properly close the facility's hazardous waste unit; and
WHEREAS, based on separate human health and ecological risk assessments, the Department of Public Utilities has determined it to be in the best interest of the City to implement appropriate certain use activity and land use restrictions on certain portions of the subject property, specifically the areas where hazardous waste is stored; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Public Utilities to execute a Environmental Covenant, by the City, the Holder, and the Ohio EPA for the purpose of implementing activity and use limitations as part of the closure of the Jackson Pike Waste-to-Energy Facility's hazardous waste management unit, for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute an Environmental Covenant and any ancillary documents, by the City, Solid Waste Authority of Central Ohio, and the Ohio EPA, necessary for the purpose of implementing activity and use limitations, as part of the closure of the Waste-to-Energy Facility's hazardous waste management unit, to the following describe real property:
Situate in the State of Ohio, County of Franklin, Township of Jackson, and being located in Virginia Military Survey number 4312, and being a part of a 52.087 acre tract as described in a deed to the City of Columbus of record Deed Book 3738 Page 791, all records on file at the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Commencing for reference at an iron pin set at a southerly corner of the said 52.087 acre tract, being also in the northeasterly line of a 185.198 acre tract as described in a Special Warranty Deed to Columbus Limestone, Inc. of record Instrument Number 200206250156219;
Thence N 56°25'30" W, along a southwesterly line of the said 52.087 acre tract, and along a northeasterly line of the said 185.198 acre tract, a distance of 226.83 feet;
Thence N 33°34'30" E, into the said 52.087 acre tract, a distance of 24.70 feet to the True Place Of Beginning of the herein described tract;
Thence crossing the said 52.087 acre tract by the following eleven (11) described course:
1. N 33°34'30" E, a distance of 125.00 feet to an angle point;
2. S 71°58'58" E, a distance of 70.00 feet to an angle point;
3. N 61°07'45" E, a distance of 70.00 feet to an angle point;
4. S 55°38'41" E, a distance of 20.00 feet to an angle point;
5. N 34°21'19" E, a distance of 180.00 feet to an angle point;
6. N 56°34'35" W, a distance of 200.00 feet to an angle point;
7. N 33°25'25" E, a distance of 95.00 feet to an angle point;
8. S 56°34'35" E, a distance of 164.34 feet to a point of curvature;
9. Along the arc of a curve to the right with a radius of 135.00 feet, a central angle of 90°55'54", an arc length of 214.25 feet to a point of tangency, said arc being subtended by a chord bearing S 11°06'38" E, a chord length of 192.46;
10. S 34°21'19" W, a distance of 126.62 feet to a point of curvature;
11. Along the arc of a curve to the right with a radius of 220.00 feet, a central angle of 89°13'11", an arc length of 342.58 feet to the True Place Of Beginning containing 1.643 acres, said arc being subtended by a chord bearing S 78°57'54" W a chord length of 309.00 feet;
The bearings described herein are based on the bearing of N 33°34'30" E along the centerline of State Route 104 (Jackson Pike), as delineated on the centerline plat for FRA-104-(2.73-7.64).
The foregoing description has been prepared by ms consultants, inc. and is based on a field survey performed under the direct supervision of John L. Price, Registered Professional Surveyor No. 7159, as well as previous private surveys.
John L. Price, R.S. No. 7159, 6/29/05.
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.