Explanation
Background: The City of Columbus is the owner of certain real property located in the vicinity of North High Street and Highbluffs Boulevard referred to as a "retention pond" at the Traditions at Highbluffs. The Columbus Southern Power Company desires an easement across the City's property in order to provide electrical service to an adjacent property owner who is ready to occupy his building. After investigation, the Recreation and Parks Department has determined that a perpetual easement across the property will not adversely affect the City and may be granted. The Department of Law, Real Estate Division, has determined a value of $900.00 for the aforementioned easement. The following legislation authorizes the Director of the Recreation and Parks Department to execute those instruments necessary to grant the subject easement across certain City owned real property, more fully described within the body of this ordinance.
Fiscal Impact: The City shall receive $900.00 as consideration for the granting of this easement, which shall be deposited into proper fund as determined by the City Auditor.
Emergency Justification: This request has been thoroughly investigated and contemplated by the Recreation and Parks Department emergency action is requested as not to delay the electrical service to the adjacent property owner and the occupancy of the building thereon.
Title
To authorize the Director of the Recreation and Parks Department to execute those documents, as requested by The Columbus Southern Power Company, necessary to grant an perpetual non-exclusive easement in, under, across, over and through certain City owned real property located in the vicinity of North High Street and Highbluffs Boulevard referred to as a "retention pond" at the Traditions at Highbluffs to provided electrical within the area adjacent; to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, the City of Columbus is the owner of certain real property located in the vicinity of North High Street and Highbluffs Boulevard referred to as a "retention pond" at the Traditions at Highbluffs; and
WHEREAS, The Columbus Southern Power Company desires an easement across the City's property in order to provide electrical service to an adjacent property owner who is ready to occupy his building; and
WHEREAS, after investigation, the Recreation and Parks Department has determined that a perpetual easement across the property will not adversely affect the City and may be granted; and
WHEREAS, the Department of Law, Real Estate Division, has determined a value of $900.00 for the aforementioned easement; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Director of Recreation and Parks Department to execute those instruments prepared by the Real Estate Division, Department of Law, necessary to grant a perpetual non-exclusive easement in, under, across, over and through certain real property located in the vicinity of North High Street and Highbluffs Boulevard referred to as a "retention pond" at the Traditions at Highbluffs 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 Recreation and Parks Department, be and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to grant the following described perpetual non-exclusive easement in, under, across, over and through certain real property located in the vicinity of North High Street and Highbluffs Boulevard referred to as a "retention pond" at the Traditions at Highbluffs, as requested by Columbus Southern Power Company, to wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, within Farm Lot Numbers 48 and 49, and being a strip of land within the confines of a 3.262 acre tract of land described and conveyed to the City of Columbus, Ohio, as described and recorded in Instrument Number 200605190098061, and being more fully described as follows:
Beginning at the southeast corner of the subject tract;
Thence S 86º 57' 34" W, with the south line of the subject tract, a distance of 10.00 to a point on said south line;
Thence with the following six (6) courses:
1. N 03º 03' 48" W, a distance of 40.73 feet to a point;
2. N 08º 46' 52" W, a distance of 38.72 feet to a point;
3. N 03º 03' 48" W, a distance of 50.50 feet to a point;
4. N 03º 40' 12" W, a distance of 153.09 feet to a point;
5. S 86º 57' 34" W, a distance of 8.09 feet to a point;
6. N 03º 03' 53" W, a distance of 15.49 feet to a point on the north line of the subject tract;
Thence N 86º 57' 34" E, with the north line of said subject tract, a distance of 17.93 feet to a point on said north line;
Thence S 03º 40' 11" E, a distance of 168.58 feet to a point on the east line of the subject tract;
Thence with the following three (3) courses running with the east line of the subject tract;
1. S 03º 03' 48" E, a distance of 50.00 feet to a point;
2. S 08º 46' 52" E, a distance of 38.72 feet to a point;
3. S 03º 03' 48" E, a distance of 41.23 feet to the Point Of Beginning, and containing 0.071 acres, more or less.
Prior Instrument Reference: Instrument Number 200605190098061,
Recorder's Office, Franklin County, Ohio. Franklin County Tax Parcel Number 610-274884.
Section 2. That the City Auditor is hereby authorized and directed to deposit the Nine Hundred Dollars ($900.00), to be received by the City as consideration for the granting of the subject easement, in the appropriate City fund.
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.