Explanation
Background: ASMRE Holdings, LLC (ASMRE) owns property located at 4461 South Old 3C Highway that is a tract of residential land that abuts the Hoover Reservoir. In an effort to eliminate flood and erosion problems and stabilize the embankment that is owned by the City, ASMRE has proposed the construction of erosion control measures. A Quitclaim Temporary Easement is required to allow for ASMRE to proceed with construction based on professional plans provided by ASMRE that have been reviewed and approved by the Department of Public Utilities.
This legislation authorizes the Department of Development, with the approval by The Department of Public Utilities and the Recreation and Parks Department, to execute those documents necessary to enter into a temporary easement, by and between the City (Grantor) and ASMRE Holdings, LLC (Grantee), an Ohio limited liability company, for a .048 +/- acre portion of Delaware County Tax Parcel 317-130-04-001-000. The easement will expire on May 1, 2027 and the Grantee will be required to execute a Land Stewardship License Agreement that sets forth maintenance responsibilities thereafter.
Fiscal Impact: No funds are required.
Emergency Action: This legislation is presented as emergency in order to expedite the execution of an easement between the City and ASMRE Holdings, LLC that will allow the Grantee to commence embankment stabilization remedies as soon as possible.
Title
To authorize the Department of Development, with the approval by The Department of Public Utilities and the Recreation and Parks Department, to execute those documents necessary to enter into a Quitclaim Temporary Easement between the City of Columbus and ASMRE Holdings, LLC for a portion of City-owned property commonly known as Delaware County Tax Parcel 317-130-04-001-000, and to declare an emergency. ($0.00)
Body
WHEREAS, the City owns Delaware County Tax Parcel 317-130-04-001-000, commonly known as Hoover Reservoir, a water supply for Columbus and the surrounding area; and
WHEREAS, ASMRE Holdings, LLC (ASMRE) owns property located at 4461 South Old 3C Highway that is a tract of residential land that abuts the Hoover Reservoir; and
WHEREAS, the City’s embankment immediately adjacent to 4461 South Old 3C Highway is seeing flood and erosion problems necessitating embankment stabilization; and
WHEREAS, the embankment stabilization project proposed by ASMRE requires the City enter into a Quitclaim Temporary Easement with ASMRE Holdings, LLC; and
WHEREAS, after investigation by the Department of Development, with the approval of the Department of Public Utilities and the Recreation and Parks Department, it has been determined that the easement does not adversely affect City operations and it is in the City’s best interest to enter into an easement with ASMRE Holdings, LLC at no cost; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Office of Real Estate and Land Redevelopment, in that it is immediately necessary to authorize the Development Director to execute, on behalf of the City, those documents necessary to enter into an easement with ASMRE Holdings, LLC for a portion of that City-owned real property commonly known as Delaware County Tax Parcel 317-130-04-001-000 and to allow the Grantee to commence embankment stabilization remedies as soon as possible, all for the immediate preservation of the public health, peace, property, safety, and welfare; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Development be, and hereby is, authorized to execute those documents, as approved by the Department of Law, Division of Real Estate, necessary to enter into a Quitclaim Temporary Easement by and between the City of Columbus and the ASMRE Holdings, LLC, an Ohio limited liability company for a portion of that City-owned real property commonly known as Delaware County Tax Parcel 317-130-04-001-000 for a term that is to expire May 1, 2027.
SECTION 2. That the terms and conditions of the Easement shall include the terms negotiated by the Real Estate Management Office and be in a form prepared and approved by the Department of Law, Division of Real Estate for access to and use of approximately .048 acres of land to construct flood and erosion control measures.
SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.