Explanation
[Background: The City of Columbus, Recreation and Parks Department desires to enter into a purchase contract for certain real property, more fully described in the body of this legislation, located on the west bank of Alum Creek south of Morse Road. The contract will be between the City and The Swepston Trust, for certain real property necessary to the construction of the Alum Creek Bike Trail in connection with the Recreation and Parks Land Acquisition Project. The acquisition amount of the property is $117,100.00. With closing costs added to the aforementioned parcel price, the total appropriation amount is $122,100.00. Under the terms of the proposed contractual agreement the Reaction and Parks Department will initially acquire a bike path easement in the amount of $12,000.00, which will be deducted from the acquisition amount. Under the same contract, the Swepston Trust will retain the right, for a 24-month period, to require the City to purchase fee simple title to a 5.486 acres tract that includes the easement area and certain property lying in the flood plain east of Alum Creek to be used as a conservation area. The following legislation authorizes the Director of the Recreation and Parks Department to execute those documents necessary enter into a contract by and between the City of Columbus and The Swepston Trust for the aforementioned real property, and to expend $122,100.00 for cost relevant to its acquisition. Fiscal Impact: The Recreation and Parks Department has determined that the expenditure for this purchase will come from the Recreation and Parks 1995/1999 Voted Bond Fund.Emergency Justification: Emergency action is requested to allow this acquisition to proceed in agreement with the closing transaction deadline and other terms and conditions of the purchase contract.]
Title
To authorize the Director of the Recreation and Parks Department to enter into a purchase contract between the City and The Swepston Trust necessary to acquire certain real property located on the west bank of Alum Creek south of Morse Road in connection with the Alum Creek Bike Trail, Recreation and Parks Land Acquisition Project; to expend $122,100.00, in acquisition and closing costs, from the Recreation and Parks 1995/1999 Voted Bond Fund, and to declare an emergency. ($122,100.00).
Body
WHEREAS, the City of Columbus, Recreation of Parks Department, desires to enter into a purchase contract, between the City and the Swepston Trust, for certain real property necessary to the construction of the Alum Creek Bike Trail, in connection with the Recreation and Parks Land Acquisition Project; and
WHEREAS, with closing costs added to the acquisition amount of $117,100.00, the total appropriation amount is $122,100.00; and
WHEREAS, under the terms of the proposed contractual agreement, the Reaction and Parks Department will initially acquire a bike path easement in the amount of $12,000.00, which will be deducted from the acquisition amount, and
WHEREAS, the Swepston Trust will retain the right, for a 24-month period, to require the City to purchase fee simple title to a 5.486 acres tract that includes the easement area and certain property lying in the flood plain east of Alum Creek to be used as a conservation area; and
WHEREAS, it is necessary to expend $122,100.00 from the Recreation and Parks 1995/1999 Voted Bond Fund in order to purchase the subject real property; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Recreation and Parks to execute those documents necessary for the purchase of said real property 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 Recreation and Parks Department be, and hereby is, authorized to execute those documents as approved by the Department of Law, Real Estate Division, necessary for the purchase of those the following describe real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township-2, Township-1, Range-17, of the United States Military Lands, containing 0.562 Acres of land, more or less, and being within the 15.210 acres of land currently owned by the Swepston Trust as recorded in O.R. 06029 Pg. G09 and Pg. G11, (all deed, plat book and official record volume references being to records in the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning, for reference, at a monument box found on the centerline intersection of Morse Road and Sunbury as shown and delineated upon the Roadway Plans designated as "ESTABLISHMENT, ALTERATION, WIDENING AND RELOCATION PORTION OF SUNBURY ROAD SECTION "B" & "C" PARTS" of record in Road Record 18, Page 124, Engineer's Office, Franklin County, Ohio;
Thence North 86 degrees 11 minutes 25 seconds West a distance of 366.83 feet along the centerline of Morse Road to a point;
Thence South 03 degrees 48 minutes 57 seconds West a distance of 80.00 feet to an iron pin found on the Grantor's northeasterly property corner, on the southerly right of way line of Morse Road, the northwesterly property corner of that 1.581 acre tract of land conveyed to Mesa Properties by deed recorded in O.R. 17767, Page E18;
Thence North 86 degrees 11 minutes 25 seconds West along the southerly right of way line of Morse Road a distance of 177.54 feet to an iron pin set, and being the TRUE POINT OF BEGINNING;
Thence crossing the Grantor's property the next seven (7) calls:
South 38 degrees 41 minutes 51 seconds West a distance of 36.67 feet, to an iron pin set;
1) South 57 degrees 01 minutes 21 seconds West a distance of 93.33 feet, to an iron pin set;
2) South 26 degrees 00 minutes 32 seconds West a distance of 227.40 feet, to an iron pin set;
3) South 54 degrees 21minutes 58 seconds west a distance of 200.70 feet, to an iron pin set;
4) South 63 degrees 08 minutes 29 seconds West a distance of 110.00 feet, to an iron pin set;
5) South 40 degrees 23 minutes 33 seconds West a distance of 127.07, to an iron pin set;
6) South 08 degrees 56 minutes 10 seconds West a distance of 110.00 to an iron pin set on the Grantor's southerly property line, the northerly property line of that 54.197 acre tract conveyed to Limsoc, Inc. by deed recorded in Instrument 199908190211939;
Thence North 85 degrees 56 minutes 31 seconds West a distance of 40.15 feet, along the Grantor's southerly line, the northerly line of said 54.197-acre tract, to an iron pin set;
Thence crossing the Grantor's property the next seven (7) calls:
1) North 08 degrees 56 minutes 10 seconds East a distance of 190.58 feet, to an iron pin set;
2) South 86 degrees 34 minutes 53 seconds East a distance of 33.42 feet, to an iron pin set;
3) North 63 degrees 08 minutes 29 seconds East a distance of 184.10 feet, to an iron pin set;
4) North 54 degrees 21 minutes 58 seconds East a distance of 194.12 feet, to an iron pin set;
5) North 26 degrees 00 minutes 32 seconds East a distance of 227.90 feet, to an iron pin found on a northerly corner of the Grantor's property, on the southerly right of way line of Morse Road;
6) North 57 degrees 01 minutes 21 seconds East a distance of 73.11 feet, to an iron pin set;
7) North 38 degrees 41minutes 51 seconds East a distance of 35.96 feet, to an iron pin set
Thence South 86 degrees 11 minutes 25 seconds East a distance of 33.02 feet, along the Grantor's northerly property line, the southerly right of way line of Morse Road, to the True Point of Beginning, containing 0.562 acres, more or less;
This description was prepared by Jones Stuckey, Ltd., Inc. by Dwight D. Stuckey, Registered Surveyor No. 4992, from a field survey and available records. The basis of bearing was obtained from Franklin County Monuments Frank 76 and Frank 64, and NGS Monument Clark 1982, NAD 1983, and is on the State Plane Coordinate System.
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township-2, Township-1, Range-17, of the United States Military Lands, containing 5.486 Acres of land, more or less, and being within the 15.210 acres of land currently owned by The Swepston Trust as recorded in O.R. 06029 Pg. G09 and Pg. G11, (all deed, plat book and official record volume references being to records in the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
Beginning, for reference, at a monument box found on the centerline intersection of Morse Road and Sunbury Road as shown and delineated upon the Roadway Plans designated as "ESTABLISHMENT, ALTERATION, WIDENING AND RELOCATION PORTION OF SUNBURY ROAD SECTION "B" & "C" PARTS" of record in Road Record 18, page 124, Engineer's Office, Franklin County, Ohio;
Thence North 86 degrees 11 minutes 25 seconds West a distance of 366.83 feet along the centerline of Morse Road to a point;
Thence South 03 degrees 48 minutes 57 seconds West a distance of 80.00 feet to an iron pin found on the Grantor's northeasterly property corner, the southerly right of way line of Morse Road, the northwesterly property corner of that 1.581acre tract of land conveyed to Mesa Properties by deed recorded in O.R. 17767, Page E18, and being the TRUE POINT OF BEGINNING;
Thence along the Grantor's easterly line, the westerly line of said 1.581-acre tract, the next five (5) calls;
1) South 03 degrees 48 minutes 57 seconds West a distance of 108.00 feet, to an iron pin found;
2) South 15 degrees 36 minutes 59 seconds West a distance of 81.22 feet, to an iron pin found;
3) South 26 degrees 55 minutes 50 seconds West a distance 84.88 feet, to an iron pin found;
4) South 30 degrees 42 minutes 59 seconds West a distance of 237.89 feet, to an iron pin found;
5) South 39 degrees 28 minutes 25 seconds West a distance of 80.30 feet, to an iron pin found on the southerly corner of said 1.581 acre tract, on the westerly right of way line of Sunbury Road
Thence South 55 degrees 12 minutes 42 seconds West a distance of 240.42 feet, along the Grantor's easterly line, the westerly right of way line of Sunbury Road, to an iron pin found on the southeasterly corner of the Grantor's property, the northwesterly corner of that 54.197 acre tract of land conveyed to Linsoc, Inc. by deed recorded in Instrument 199908190211393;
Thence North 85 degrees 56 minutes 31seconds West a distance of 315.55 feet, along the Grantor's southerly line, the northerly line of said 54.197-acre tract, to an iron pin set;
Thence crossing the Grantor's property the next seven (7) calls;
1) North 08 degrees 56 minutes 10 seconds East a distance of 190.58, to an iron pin;
2) South 86 degrees 34 minutes 53 seconds East a distance of 33.42 feet, to an iron pin set;
3) North 63 degrees 08 minutes 29 seconds East a distance of 184.10 feet to an iron pin set;
4) North 54 degrees 21 minutes 58 seconds a distance of 194.12 feet, to an iron pin set;
5) North 26 degrees 00 minutes 32 seconds East a distance of 227.90 feet, to an iron pin found on a northerly corner of the Grantor's property, on the southerly right of way line of Morse Road;
6) North 57 degrees 01 minutes 21 seconds East a distance of 73.11 feet, to an iron pin set;
7) North 38 degrees 41 minutes 51 seconds East a distance of 35.96 feet, to an iron pin set on a northerly line of the Grantor's property, on the southerly right of way line of Morse Road;
Thence South 86 degrees 11 minutes 25 seconds East a distance of 183.94 feet along the Grantor's northerly property line, the southerly right of way line of Morse Road, to the True Point of Beginning, containing 5.486 acres, more or less;
This description was prepared by Jones Stuckey Ltd., Inc., by Dwight D. Stuckey, Registered Surveyor No. 4992, from a field survey and available records. The basis of bearing was obtained from Franklin County Monuments Frank 76 and Frank 64, and NGS Monument Clark 1982, NAD 1983, and is on the State Plane Coordinate System.
Section 2. That the expenditure of $122,100.00, or so much thereof as may be necessary for the Recreation and Parks Land Acquisition Project, Project #510112, from the 702 Fund, OCA Code 644526, Object Level Three, 6601, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 3. 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 passage if the Mayor neither approves nor vetoes the same.