Explanation
The State of Ohio ("State"), is owner of certain real property along West Eleventh Avenue west of College Road. The State, acting by and through the Department of Administrative Services, Office of Real Estate has agreed to grant the City an easement necessary for the installation and operation of the desired sidewalk for a renewable term of 25 five years. The State's actions are on behalf of The Ohio State University ("OSU"), whose jurisdiction the subject property is under. The location of the easement is more fully described within the body of this legislation. The Department of Public Service has determined that the easement is necessary to the public's safety and should be allowed. The following legislation authorizes the Director of the Department of Public Service to sign the easement as the Grantee on behalf of the City.
Fiscal Impact: N/A
Emergency Justification: The sidewalk is necessary to public safety and emergency action is requested to allow for its immediate construction without delay.
Title
To authorize the Director of Public Service to execute and accept, as the Grantee, an Easement from The State of Ohio, Department of Administrative Services, Office of Real Estate on behalf of the Ohio State University, for the installation, operation, and replacement of a sidewalk along West Eleventh Avenue west of College Road and to declare an emergency.
Body
WHEREAS, The State of Ohio ("State"), is owner of certain real property along West Eleventh Avenue west of College Road, Columbus, Ohio; and
WHEREAS, the State, acting by and through the Department of Administrative Services, Office of Real Estate has agreed to grant the City an easement necessary for the installation and operation of the desired sidewalk for a renewable term of 25 five years; and
WHEREAS, the State is acting on behalf of The Ohio State University ("OSU"), whose jurisdiction the subject property is under; and
WHEREAS, the location of the easement is more fully described within the body of this legislation; and
WHEREAS, the Department of Public Service has determined that the easement is necessary to the public's safety and should be allowed; 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 Department of Public Service to execute and accept an easement from the State, on behalf of OSU, necessary to the installation, operation, and replacement of a sidewalk along West Eleventh Avenue west of College Road 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 Public Service be and hereby is authorized to execute and accept, as the Grantee, an Easement from The State of Ohio for the installation, operation, maintenance, repair, renewing construction and replacement of a sidewalk in the following described real property:
0.133 ACRE SIDEWALK EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of that tract (Parcel No. 010-067007-00) as conveyed to the State of Ohio, The Ohio State University, said 0.133 acre sidewalk easement being more particularly bounded and described as follows:
Commencing at a point marking the intersection of the westerly right-of-way line of College Road (50' wide) with the southerly right-of-way line of West Eleventh Avenue (50' wide);
Thence across West Eleventh Avenue, North 03°17'30" East, a distance of 50.00 feet to a point in the northerly right-of-way line of West Eleventh Avenue;
Thence along said right-of-way line, North 86°42'30" West, a distance of 2.66 feet to a point and being the Point of Beginning for the 0.133 Acre Sidewalk Easement herein to be described;
Thence continuing along said right-of-way line, North 86°42'30" West, a distance of 983.92 feet to a point;
Thence leaving said right-of-way line across said State of Ohio, Ohio State University tract the following three (3) courses and distances;
North 03°16'08" East, 5.88 feet to a point;
South 86°42'30" East, 983.92 feet to a point; and
South 03°16'08" West, 5.88 feet to the Point of Beginning and containing 0.133 acres, more or less, according to a survey conducted by Jobes Henderson and Associates, Inc. in January of 2011.
The bearings in the above description are based on the Ohio State Plane Coordinate System.
Surveyor No. 8283, Further reference is made to File No. 7020 on file in the offices of the Ohio Department of Administrative Services, General Services Division, Office of Real Estate and Planning, 4200 Surface Road, Columbus, Ohio 43228-1395; and
Section 2. 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 its passage if the Mayor neither approves nor vetoes the same.