EXPLANATION
BACKGROUND: The City previously entered into a Water Resource Restoration Sponsor Program (“WRRSP”) with the State of Ohio acting through its Ohio Environmental Protection Agency (“OEPA”) pursuant to Ordinance Number 0575-2011, on July 28, 2011. The WRRSP provided funding for the Lower Olentangy River Watershed (Columbus 5th Avenue Dam Removal and Riparian Restoration Project, WPCLF WR390274-0150) Public Project (“Public Project”). As a condition of accepting WRRSP funding from the OEPA and pursuant to Ordinance Number 0951-2012, which passed on May 21, 2012, the City executed an “Environmental Covenant, Ohio Water Pollution Control Loan Fund, Water Resource Restoration Sponsor Program, Lower Olentangy River Watershed, Columbus 5th Avenue Dam Removal and Riparian Restoration Project”, with OEPA, and The Ohio State University (“OSU”) acting through its Department of Administrative Services (“DAS”), which is described and recorded in the public land records in Instrument Number 201207110098679, Recorder’s Office, Franklin County, Ohio (“Original Covenant”).
The Original Covenant affected approximately 10.677 acres of real property located in Franklin County, Ohio (the “Property”). At the time the Original Covenant was executed, Paragraph 2 incorrectly identified the area owned by the City by excluding approximately 1.102 acres of real property located in the area of the Lane Avenue Bridge, which the City had previously acquired from OSU in 2008 in a recorded being Instrument Number 200805090072140, Recorder’s Office, Franklin County, Ohio.
The purpose of this ordinance is to authorize execution of a First Amendment to Environmental Covenant in order to correct the ownership description and redefine the “Property” so as to include the additional 1.102 acres previously omitted.
The amendment does not otherwise modify the terms, restrictions, or obligations of the Original Covenant.
CONTRACT COMPLIANCE No.: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to promptly correct the public land record and ensure the Environmental Covenant accurately reflects ownership of the Property, thereby preserving the public peace, property, health, safety, and welfare.
TITLE
To authorize the Director of the Department of Public Utilities to execute a First Amendment to Environmental Covenant, as approved by the City Attorney, necessary to amend an Environmental Covenant, described and recorded in Instrument Number 201207110098679, Recorder’s Office, Franklin County; and to declare an emergency. ($0.00)
BODY
WHEREAS, it is necessary and in the City’s best interests to authorize the Director of the Department of Public Utilities to execute a First Amendment to Environmental Covenant (“Amendment”) necessary to amend Paragraph 2 of the “Environmental Covenant, Ohio Water Pollution Control Loan Fund, Water Resource Restoration Sponsor Program, Lower Olentangy River Watershed, Columbus 5th Avenue Dam Removal and Riparian Restoration Project” described and recorded in the public land records in Instrument Number 201207110098679, Recorder’s Office, Franklin County, Ohio; and
WHEREAS, the City Attorney shall review and approve the Amendment prior to the Amendment’s execution by the Director of Public Utilities; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to amend the Environmental Covenant to ensure accuracy of public land records, for the immediate preservation of the public peace, property, health, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That the Director of the Department of Public Utilities is hereby authorized to execute a First Amendment to the Environmental Covenant, Ohio Water Pollution Control Loan Fund, Water Resource Restoration Sponsor Program, Lower Olentangy River Watershed, Columbus 5th Avenue Dam Removal and Riparian Restoration Project described and recorded in the public land records in Instrument Number 201207110098679, Recorder’s Office, Franklin County, Ohio to add approximately 1.102 acres described in the attached Exhibit X (comprising 36.578 acres and 1.723 acres) less and excepting the areas described in Exhibits A-1 and A-2.
SECTION 2. That the City Attorney is required to review and approve of the Amendment prior to the execution of the Amendment by the Director of the Department of Public Utilities.
SECTION 3. That for the reasons stated in the preamble of this ordinance, which are made a part hereof, this ordinance is declared an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten (10) days after its passage if the Mayor neither approves nor vetoes this ordinance.