Explanation
The City of Columbus, Ohio ("City") is owner of certain real property located in the vicinity of Redwood Road and Boxwood Drive (east of I-71) commonly known as Woodward Park. Ohio River Pipe Line LLC ("ORPL"), a Delaware limited liability company, who is the successor in interest to Sinclair Refining Company, holds title to several easements by virtue of recorded general right of way easements in Woodward Park. ORPL will release Woodward Park from the general right of way easements in exchange for a specified perpetual non-exclusive replacement easement. After investigation by the Recreation and Parks Department, it has been determined that the granting of the replacement easement in exchange for the release of all other existing general right of way easements over the park property is in the best interest of the City. This ordinance authorizes the Director of the Department of Recreation and Parks to execute a Quitclaim Deed of Easement to ORPL in exchange for their release of all other right of way easements in Woodward Park and the payment of $38,000.00.
Fiscal Impact: The Recreation and Parks Department has determined a value of $38,000.00 as consideration for the perpetual non-exclusive replacement easement.
Emergency Justification: An emergency exists in that it is necessary to authorize the Director of the Recreation and Parks Department to immediately execute those instruments, prepared and approved by the Real Estate Division, Department of Law, necessary to grant a specific perpetual non-exclusive replacement easement to ORPL, as a condition of ORPL agreeing to release of all general right of way easements in Woodward Park and the payment of $38,000.00, thereby preserving the public health, peace, property, safety, and welfare.
Title
To authorize the Director of the Department of Recreation and Parks to execute a Quitclaim Deed of Easement necessary to grant Ohio River Pipe Line LLC, a Delaware limited liability company, a replacement easement, through the City's Woodward Park property in exchange for their release of all other existing right of way easements in the park and the payment of $38,000.00 and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City") is owner of certain real property located in the vicinity of Redwood Road and Boxwood Drive (east of I-71) commonly known as Woodward Park; and
WHEREAS, Ohio River Pipe Line LLC ("ORPL"), successor in interest to Sinclair Refining Company, holds title to several easements by virtue of recorded general right of way easements, D.B. 1211, Pg. 427, D.B. 1208, Pg. 274 and Volume 1064, Page 355, Franklin County Recorder's Office, Ohio; and
WHEREAS, ORPL has agreed to release Woodward Park from its general right of way easements in exchange for a specific perpetual non-exclusive replacement easement; and
WHEREAS, after investigation by the Recreation and Parks Department, it has been determined that the granting of the replacement easement in exchange for the release of the general right of way easements is in the best interest of the City; and
WHEREAS, the Recreation and Parks Department, has determined a value of $38,000.00, as consideration from ORPL for the specific perpetual non-exclusive replacement easement, is to be granted; 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 immediately execute those instruments, prepared and approved by the Real Estate Division, Department of Law, necessary to grant a specific perpetual non-exclusive replacement easement to ORPL, in exchange for their release of all general right of way easements in Woodward Park., 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, in exchange for the release of existing general right of way easements, to execute those documents as prepared by the Department of Law, Real Estate Division necessary to grant a perpetual non-exclusive Quit Claim Deed of Easement to Ohio River Pipe Line LLC ("ORPL"), a Delaware limited liability company, in, under, across, over and through the following described real property:
0.509 ACRE EASEMENT
Situated in the City of Columbus, County of Franklin, State of Ohio; also being a part of Quarter Township 4, Township 2, Range 18, United States Military Lands; also being a portion of a 1.159 acre tract as conveyed to The City of Columbus as described in Deed Book 2876 Page 638 and a portion of those lands as conveyed to The City of Columbus as described in Deed Book 2006 Page 489; being more particularly described as follows:
Beginning at a 1" iron pipe found at the southeasterly corner of said lands of The City of Columbus as described in Deed Book 2006 Page 489, said point also being the southwesterly corner of a 22 7/8 acre tract as conveyed to The City of Columbus, Ohio as described in Deed Book 2272 Page 652, Tract No. 1, said point also being the northwesterly corner of Lot No. 204 of Woodward Park as recorded in Plat Book 34 Page 25, said point also being the northeasterly corner of Lot No. 1 of Woodward Park Northwest as recorded in Plat Book 35 Page 104, said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence,
Along a portion of the southerly line of said lands of The City of Columbus as described in Deed Book 2006 Page 489, also being along the northerly lines of Lot No. 1 and Lot No. 3 of said Woodward Park Northwest, North 86°57' 10" West, for a distance of three hundred thirty-three and fifty-seven one-hundredths feet (333.57') to a 1" iron pipe found, said point being the northwesterly corner of said Lot No. 3, said point also being the northeasterly corner of said 1.159 acre tract; thence,
Along a portion of the easterly line of said 1.159 acre tract, also being along a portion of the westerly line of said Lot No. 3, South 03° 02' 49" West, for a distance of sixteen and twenty-six one-hundredths feet (16.26') to a point; thence,
Along a line through said 1.159 acre tract, North 83° 10' 23" West, for a distance of thirty-six and ninety-six one-hundredths feet (36.96') to a point; thence,
Along a line through said 1.159 acre tract, North 86° 49' 39" West, for a distance of two hundred fifty-seven and sixty-three one-hundredths feet (257.63') to a point along the easterly right-of-way line of Interstate No. 71; thence,
Along the easterly right-of-way line of Interstate No. 71 following a curve to the left, said curve being non-tangent to the previous course, said curve having a radius of 3,949.72', an arc length of 52.12', a central angle of 00º 45' 22", and a chord that bears North 19º 34' 35" East for a distance of 52.12' to a point; thence,
Along a line through said lands of The City of Columbus as described in Deed Book 2006 Page 489, said line being parallel and 50.00' distant to the fourth-described course, South 86° 49' 39" East, for a distance of two hundred forty-four and fifty-one one-hundredths feet (244.51') to a point; thence,
Along a line through said lands of The City of Columbus as described in Deed Book 2006 Page 489, South 83° 10' 23" East, for a distance of thirty-five and twenty-five one-hundredths feet (35.25') to a point; thence,
Along a line through said lands of The City of Columbus as described in Deed Book 2006 Page 489, North 03° 02' 49" East, for a distance of five and one one-hundredths feet (5.01') to a point; thence,
Along a line through said lands of The City of Columbus as described in Deed Book 2006 Page 489, South 83° 10' 23" East, for a distance of sixty and seventy-six one-hundredths feet (60.76') to a point; thence,
Along a line through said lands of The City of Columbus as described in Deed Book 2006 Page 489, South 77° 32' 14" East, for a distance of one hundred nine and sixteen one-hundredths feet (109.16') to a point; thence,
Along a line through said lands of The City of Columbus as described in Deed Book 2006 Page 489, said line being parallel and 17.00' distant to the first-described course, South 86° 57' 10" East, for a distance of one hundred sixty-five and seventeen one-hundredths feet (165.17') to a point, said point being along the easterly line of said lands of The City of Columbus as described in Deed Book 2006 Page 489, said point also being along the westerly line of said 22 7/8 acre tract; thence,
Along a portion of the easterly line of said lands of The City of Columbus as described in Deed Book 2006 Page 489, also being along a portion of the westerly line of said 22 7/8 acre tract, South 02° 45' 49" West, for a distance of seventeen and zero one-hundredths feet (17.00') to the point of beginning, containing 0.509 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on a survey performed by Kleingers & Associates in March, 2007 and May, 2011.
Basis of Bearings for the above-described courses is the north line of Woodward Park Northwest subdivision being South 86º 57' 10" East as recorded in Plat Book 35 Page 104.
Michael L. Keller Professional Surveyor, Ohio License No. 7978
Section 2. That the Thirty Eight Thousand Dollars ($38,000.00), to be received by the City as consideration for the easement rights to be granted, shall deposited into the Recreation and Parks Fund #223; Dept./Div.51-01; Sub-Fund #025 for the aforesaid purpose is hereby authorized.
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.