Explanation
Background: The City of Columbus desires to purchase approximately 12.997 acres of real property, located in the vicinity of West Broad Street and Wheatland Avenue, from the State of Ohio to be the site of the City's new Police Heliport. Pursuant to Ordinance # 0181-2006, the City entered into an Option Agreement with Gowdy Partners LLC for the purchase of the property currently used by the Division of Police as a heliport, thus necessitating the relocation of the heliport. The proposed West Broad location was chosen after an initial Fisher Road site was determined unsuitable for use as a heliport. The State shall convey the title to the new heliport site to the City by a Governor's Deed as authorized by Am. Sub. House Bill 119 (127th General Assembly Regular Session 2007-2008). Concurrent with this conveyance, City agrees to grant to the State a perpetual access easement over the driveway along the southern property line of the heliport site in exchange for a State granted access easement across the State's driveway from West Broad Street to the Premises. The following legislation authorizes Director of the Department of Finance and Management to execute, on behalf of the City of Columbus, those documents necessary to enter into a "Real Estate Contract For The Purchase Of State Of Ohio Real Estate" the proposed Police Division Heliport site.
Fiscal Impact: Funding for this purchase is budgeted in the Safety Voted Bond Fund.
Emergency Justification: Emergency action is requested to allow for the immediate execution of the State's purchase contract in order to comply with the contract's deadline and other terms and contingencies of the agreement as not to delay the benefit of the new heliport to the City.
Title
To authorize the Director of the Department of Finance and Management to execute, on behalf of the City of Columbus, a Real Estate Purchase Contract for the purchase of State of Ohio Real Estate and any ancillary documents including appurtenant utility easements necessary to the purchase of certain real property, located in the vicinity of West Broad Street and Wheatland Avenue, to grant the State of Ohio a perpetual easement, all in connection with the relocation of the Police Division Heliport Site, to authorize the City Auditor to cancel an existing auditor's certificate, to authorize the expenditure of $194,955.00 from the Safety Voted Bond Fund, and to declare an emergency ($194,955.00).
Body
WHEREAS, the City of Columbus desires to purchase approximately 12.997 acres of real property, located in the vicinity of West Broad Street and Wheatland Avenue, from the State of Ohio to be the site of the City's new Police Heliport; and
WHEREAS, pursuant to Ordinance # 0181-2006, the City entered into an Option Agreement with Gowdy Partners LLC for the purchase of the property currently used by the Division of Police as a heliport, thus necessitating the relocation of the heliport; and
WHEREAS, the proposed West Broad location was chosen after an initial Fisher Road site was determined unsuitable for use as a heliport; and
WHEREAS, the State shall convey the title to the new heliport site to the City by a Governor's Deed as authorized by Am. Sub. House Bill 119 (127th General Assembly Regular Session 2007-2008); and
WHEREAS, concurrent with this conveyance, City agrees to grant to the State a perpetual access easement over the driveway along the southern property line of the heliport site in exchange for a State granted access easement across the State's driveway from West Broad Street to the Premises; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to allow for the immediate execution of the State's purchase contract in order to comply with the contract's deadline and other terms and contingencies of the agreement as not to delay the benefit of the new heliport to the City, 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 the Department of Finance and Management be and hereby is authorized to execute, on behalf of the City of Columbus, those documents, as approved by the Department of Law, Real Estate Division, necessary to enter into a Real Estate Purchase Contract for the purchase of State of Ohio Real Estate and any ancillary documents including appurtenant utility easements necessary to the purchase of the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 5 North, Range 23 West and in the Virginia Military District. Being a part of the State of Ohio original 300-acre tract of record in Deed Book 101, page 390 of the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows:
Beginning, For Reference, at an iron pin with identification cap stamped "Patridge" found marking the intersection of the easterly line of the Wheatland Avenue 40-feet-wide Right-of-Way and the Northerly line of West Broad Street 80-feet-wide Right-of-Way;
thence North 5°12'48" West 2612.22 feet, in said easterly line of Wheatland Avenue and vacated Wheatland Avenue, to a 5/8-inch reinforcing rod found;
thence South 75°43'06" East 188.42 feet, to an iron pipe set marking the Place of Beginning of the tract herein described;
thence North 5°02'11" West 384.70 feet, to an iron pipe set;
thence North 67°03'42" East 118.78 feet, to an iron pipe set;
thence North 74°42'07" East 230.99 feet, to an iron pipe set;
thence North 79°39'53" East 191.19 feet, to a 5/8-inch reinforcing rod found marking the most easterly corner of the Gang of Four, Ltd. 5.254-acre tract of record in Instrument Number 199902040029850 of said Recorder's Records, in a northerly line of said 300-acre tract and a Point of Tangency in the original southerly line of the Camp Chase Industrial Railroad Corporation Tract of record in Official Record 28363 F03 of said Recorder's Records;
thence North 86°38'37" East 383.75 feet, in a southerly line of said Camp Chase Railroad tract and in a northerly line of said 300-acre tract, to an iron pipe set;
thence South 04°38'21" West 694.64 feet, to an iron pipe set;
thence South 75°43'06" East 174.01 feet, to an iron pipe set;
thence North 89°32'10" East 521.90 feet, to an iron pipe set;
thence South 85°04'20" East 161.72 feet, to an iron pipe set;
thence South 14°52'48" East 63.77 feet, to a spike set;
thence North 85°04'20" West 180.51 feet, to an iron pipe set;
thence South 89°32'10" West 526.84 feet, to an iron pipe set;
thence North 75°43'06" West 1005.86 feet, to the Place of Beginning containing 12.997 acres, more or less.
Section 2. That the City Auditor is hereby authorized and directed to cancel Auditor's Certificate No. #AC026765 established subsequently per Ordinance No. 1361-2006 and apply those funds to this legislation.
Section 3. That the expenditure of $194,955.00, or so much thereof as may be necessary, from Project # 330032, Safety Voted Bond Fund, Fund 701, Division: 30-03, OCA Code 644476, Object Level Three 6601, for the purchase of said real property and expenses related thereto is hereby authorized.
Section 4. That the Director of the Department of Finance and Management be and hereby is authorized to execute those documents, as prepared and approved by the Real Estate Division, Department of Law, necessary to grant to the State of Ohio a perpetual access easement to the City over the driveway along the southern property line of the premises.
Section 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
Section 6. 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.