Explanation
Background: Ordinance 1817-2006, was passed by City Council on 11/06/06, authorizing the granting of a sub-surface easement under and through that City real property, located in the vicinity of Hayden Run Road and Leppert Road (commonly known as the Lazelle Road water Tank Site). Columbus Southern Power Company requested the easement in order to bury certain equipment lines which will provide electrical service to the adjacent Hayden Reserve Condominiums. The developer of the condominiums did not allow room for the placement of underground equipment lines on rear of the condominiums south property which is the City's north property line. It has now come to the attention of the City that the Time Warner Entertainment Company, and AT &T also desires to locate their equipment in the same trench to be used by the Columbus Southern Power Company, in order to provide their respective services to the adjacent Hayden Reserve Condominiums. In consideration for the granting of the subject easements the developer has agreed to make a contribution to the Recreation and Parks Department for the purpose of purchasing trees to be planted on an adjacent City Parkland property as part of it restoration. After investigation, it has been determined by the Recreation and Parks Department that the subject easement will not adversely affect the City and should be granted. The following legislation authorizes the Executive Director of the Department of Recreation & Parks to execute those instruments necessary to grant the aforementioned easements.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to delay the consideration to be received by the City for the granting of the easement, nor to delay the subject companies from installing their equipment for the benefit of the adjacent development.
Title
To authorize the Executive Director of the Department of Recreation & Parks to execute those documents necessary to grant easements to Time Warner Entertainment Company and AT&T, through certain City owned real property, located in the vicinity of Hayden Run Road and Leppert Road, 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, Ordinance 1817-2006, was passed by City Council on 11/06/06, authorizing the granting of a sub-surface easement under and through that City real property, located in the vicinity of Hayden Run Road and Leppert Road (commonly known as the Lazelle Road water Tank Site); and
WHEREAS, Columbus Southern Power Company requested the easement in order to bury certain equipment lines which will provide electrical service to the adjacent Hayden Reserve Condominiums; and
WHERAS, the developer of the condominiums did not allow room for the placement of underground equipment lines on rear of the condominiums south property which is the City's north property line; and
WHEREAS, it has now come to the attention of the City that the Time Warner Entertainment Company, and AT &T also desires to locate their equipment in the same trench to be used by the Columbus Southern Power Company, in order to provide their respective services to the adjacent Hayden Reserve Condominiums; and
WHEREAS, in consideration for the granting of the subject easements the developer has agreed to make a contribution to the Recreation and Parks Department for the purpose of purchasing trees to be planted on the adjacent City Parkland property as part of it restoration; and
WHEREAS, after investigation, it has been determined by the Recreation and Parks Department that the subject easement will not adversely affect the City and should be granted; now, therefore and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Executive Director of the Department of Recreation and Parks to execute those documents necessary to grant certain easements to the Time Warner Entertainment Company, and AT&T, respectively 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 Executive Director of the Department of Recreation and Parks be and hereby is authorized to execute those documents, prepared by the Real Estate Division, Department of Law, necessary to grant a certain easements to the Time Warner Entertainment Company and AT &T, respectively, under the following described real property, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 3453, being across that 8.042 acre tract of land conveyed to City of Columbus by deed of record in Instrument Number 200601240014421 (all references are to the records of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning at a northwesterly corner of Grantor's Tract, at the southwesterly corner of that 16.005 acre tract conveyed to Hayden's Reserve, L.P. by deed of record in Instrument Number 200512280272351, and a point on the easterly right-of-way line of Leppert Road;
Thence with Grantor's northerly line, the following courses and distances:
N 67º 00' 32" E, a distance of 31.26 feet to a point;
S 64º 06' 52" E, a distance of 118.74 feet to a point;
S 68º 00' 52" E, a distance of 56.98 feet to a point;
S 70º 46' 10" E, a distance of 129.16 feet to a point;
S 84º 21' 27" E, a distance of 370.46 feet to a point;
Thence across Grantor's tract, the following courses and distances:
S 05º 38' 33" W, a distance of 10.00 feet to a point;
N 84º 21' 27" W, a distance of 371.65 feet to a point;
N 70º 46' 10" W, a distance of 130.59 feet to a point;
N 68º 00' 52" W, a distance of 57.57 feet to a point;
N 64º 06' 52" W, a distance of 114.54 feet to a point;
S 67º 00' 32" W, a distance of 29.64 feet to a point on the easterly right-of-way line of Leppert Road;
Thence N 06º 41' 17" W, with said right-of-way line, a distance of 10.42 feet to the Point Of Beginning, containing 0.162 acre of land, more or less.
EMH&T, Inc., Edward J. Miller, Registered Surveyor No. 8250, 8/14/06.
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 state 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. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.