Explanation
Background: The City of Columbus ("City") and the Franklin County Commissioners ("County") are joint owners of certain real property known as the Columbus Zoo. Columbia Gas of Ohio, Inc., an Ohio Corporation, ("Columbia Gas") has requested a utility easement be granted through a certain portion of the jointly owned property, more fully described in the body of this legislation, in order to install an underground pipeline which will provide natural gas service to the Zoo's Polar Frontier Exhibit. The easement is to be granted in exchange for Columbia's release of an existing Right of Way easement over and through portion of the Zoo property. After investigation, the Recreation and Parks Department has determined that the granting of the requested easement will not adversely affect the City and should be granted. The service to be provided by the proposed gas line will benefit the City and the Zoo, and therefore should be 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 requested easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate and continued service of natural gas to the Zoo.
Title
To authorize the Director of the Recreation and Parks Department to execute those documents necessary to grant Columbia Gas of Ohio, Inc., a utility easement through that real property jointly owned by the City, and the Franklin County Commissioners, known as the Zoo, in order to install a gas pipeline and provide service to the Columbus Zoo, in exchange for the gas company's release of an existing Right of Way easement over and through a portion of the Zoo property and to declare an emergency.
Body
WHEREAS, the City of Columbus ("City") and the Franklin County Commissioners ("County") are joint owners of certain real property known as the Columbus Zoo; and
WHEREAS, Columbia Gas of Ohio, Inc., an Ohio Corporation, ("Columbia Gas") has requested a utility easement be granted through a certain portion of the jointly owned property, more fully described in the body of this legislation, in order to install an underground pipeline which will provide natural gas service to the Zoo; and
WHEREAS, the easement is to be granted in exchange for Columbia Gas's release unto the City of Columbus, Ohio and Franklin County Commissioners, all of its rights, title, interest and estate under its right of way easement to the Zoo recorded in Vol. 0503, pg. 278, Recorder's Office, Delaware County, Ohio; and
WHEREAS, after investigation, the Recreation and Parks Department has determined that the granting of the requested easement will not adversely affect the City and should be granted; and
WHEREAS, the gas service to be provided by the proposed gas line will benefit the City and the Zoo, 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 the Recreation and Parks Department to execute those instruments, prepared and approved by the Real Estate Division, Department of Law, necessary to grant Columbia Gas of Ohio, Inc. an easement through certain portions of the Zoo, in order to provide natural gas service to the property, in exchange for the gas company's release of an existing Right of Way easement over and through certain Zoo property, 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, as approved by the Department of Law, Real Estate Division, necessary to grant an easement under and through the following described real property, in exchange for Columbia Gas of Ohio, Inc.'s release unto the City of Columbus, Ohio and Franklin County Commissioners, all of its rights, title, interest and estate under its right of way easement recorded in Vol. 0503, pg. 278, Recorder's Office, Delaware County, Ohio:
20 foot wide gas maintenance easement, Columbus Zoo
June 12, 2008
Revised July 3, 2008
SITUATED in the State of Ohio, Delaware County, Liberty Township, and being a part of Farm Lot 13, Section 3, Township 3, Range 9, and being a part of a 14.620 acre tract (Parcel One) and of a 5.010 acre tract (Parcel Two) conveyed to the City of Columbus, Ohio and the Franklin County Commissioners in Official Record (O.R.) 336, pg. 2538, Delaware County Recorders Office.
All records referred to are those of record in the Delaware County Recorders Office;
The basis of bearings is the centerline of Powell Rd. (50' wide, S.R. 750) in Farm Lot 13 as being North 87 degrees 22 minutes 22 seconds West, assumed, and is used to denote angles only.
Beginning for reference at the intersection of the centerline the said Powell Rd. and the centerline of Gibson Dr. (70' wide), as shown on the plat of Wedgewood Park, Plat Cabinet 2, slides 689 and 689A;
THENCE North 87 degrees 22 minutes 22 seconds West, a distance of 1383.72 feet, along the centerline of the said Powell Rd., to a point, being the northeast corner of the said 14.620 acre tract and a corner of a 129.467 acre tract conveyed to the Franklin County Commissioners and the City of Columbus, Ohio and in O.R. 668, pg. 236;
THENCE South 02 degrees 07 minutes 09 seconds West, a distance of 25.00 feet, along the east line of the said 14.620 acre tract and a west line of the said 129.467 acre tract, to a point on the south right of way line of the said Powell Rd., and being the True Point of Beginning;
THENCE South 02 degrees 07 minutes 09 seconds West, a distance of 20.00 feet, along the east line of the said 14.620 acre tract and a west line of the said 129.467 acre tract, to a point;
THENCE North 87 degrees 22 minutes 22 seconds West, a distance of 627.28 feet, crossing the said 14.620 acre tract and the 5.010 acre tract, to a point in the west line of the said 5.010 acre tract and of the said Farm Lot 13, and in the east line of a 37.169 acre tract conveyed to the City of Columbus, Ohio in Deed Book (D.B.) 441, pg. 537 and of the said Farm Lot 14, being the southeast corner of a 20' by 20' gas easement (Easement #6) to Columbia Gas in D.B. 581, pg. 161;
THENCE North 02 degrees 39 minutes 03 seconds East, a distance of 20.00 feet, along the west line of the said 5.010 acre tract and of the said Farm Lot 13, and the east line of the said 37.169 acre tract, of the said Farm Lot 14, and of the said 20' by 20' gas easement, to a point in the south right of way line of the said Powell Rd., being the northeast corner of the said 20' by 20' gas easement;
THENCE South 87 degrees 22 minutes 22 seconds East, a distance of 627.09 feet, crossing the said 5.010 acre tract and the said 14.620 acre tract, and along the south right of way line of the said Powell Rd., to the True Point of Beginning, having an area of 12,544 square feet, or 0.288 acres, of which 0.130 acres is out of the said 14.620 acre tract and 0.158 acres is out of the said 5.010 acre tract. Raymond J. Wood P.S. 7745 Date
Section 2. 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.