Explanation
Background: The City of Columbus ("City") is the owner of certain real property totaling approximately 16.9 + acres, located in the vicinity of Tyler Henry Drive and Oliver Winchester Drive, adjacent to that real property commonly known as Pickerington Ponds. The Board of Park Commissioners of The Columbus and Franklin County Metropolitan Park District ("Metro Parks"), owner of Pickerington Ponds, has requested the City grant the subject 16.9 + acre parcel for use in an Ohio EPA funded wetland restoration project. Metro Parks, who is also the owner of a 16.9 + acre parcel of land located in the vicinity of Spangler Road and Palisades Avenue (adjacent to the City owned "Three Creeks Park"), proposes a trade of the aforementioned parcels. The Recreation and Parks Department has determined that the exchange of subject properties will not adversely affect the City and should be granted. It has been suggested that the property to be received would be valuable to the City for future extensions of the ball fields at Sycamore Fields. The exchange will equally benefit both the City and Metro Parks, therefore no money will be involved. This legislation authorizes the Executive Director of the Recreation Department to execute those document necessary to the exchange subject real properties.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to unduly delay the Metro Park's schedule to commence development of the subject wetlands in Spring of 2005 nor delay the benefit to the City from the proposed exchange of property.
Title
To authorize the Executive Director of the Recreation and Parks Department to execute those documents necessary to grant 16.9 + acres of City owned property located in the vicinity of Pickerington Ponds, in exchange for a deed of equal acreage to be granted to the Board of Park Commissioners of The Columbus and Franklin County Metropolitan Park District; to waive the Land Review Commission provisions of the Columbus City Codes (1959) and to declare and emergency.
Body
WHEREAS, the City of Columbus ("City") is the owner of certain real property totaling approximately 16.9 + acres, located in the vicinity of Tyler Henry Drive and Oliver Winchester Drive, adjacent to that real property commonly known as Pickerington Ponds; and
WHEREAS, the Board of Park Commissioners of The Columbus and Franklin County Metropolitan Park District ("Metro Parks"), owner of Pickerington Ponds, has requested the City grant the subject 16.9 + acre parcel for use in an Ohio EPA funded wetland restoration project; and
WHEREAS, Metro Parks, who is also the owner of a 16.9 + acre parcel of land located in the vicinity of Spangler Road and Palisades Avenue (adjacent to the City owned "Three Creeks Park"), proposes a trade of the aforementioned parcels; and
WHEREAS, the Recreation and Parks Department has determined that the exchange of subject properties will not adversely affect the City and should be granted; and
WHEREAS, it has been suggested that the property to be received would be valuable to the City for future extensions of the ball fields at Sycamore Fields; and
WHEREAS, the exchange will equally benefit both the City and Metro Parks, therefore no money will be involved; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department, in that it is necessary to authorize the Executive Director of the Recreation and Parks Department to execute those documents necessary to certain City owned real property, located in the vicinity of Pickerington Ponds, in exchange for a deed of equal acreage to be granted to the Board of Park Commissioners of The Columbus and Franklin County Metropolitan Park District, for the preservation of the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City of Columbus hereby accepts the following describe real property to be used for park purposes:
(16.9 acres from Metro Parks to City)
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 7, Township 11, Range 21, Congress Lands, being part of that 68.8502 acre tract of land as described in a deed to Board of Commissioners of the Columbus and Franklin County Metropolitan Park District, of record in Instrument No. 200204090089616, all references herein being to the records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at Franklin County Engineer's Monument FCGS#4470 located at the centerline intersection of Spangler Road, 50 feet in width, and Watkins Road; thence S 0º 40' 00" E, along the centerline of Spangler Road, a distance of 2710.09 feet to a P.K. nail found at the northwesterly corner of said 68.8502 acre tract and at the southwesterly corner of that 1.003 acre tract as described in a deed to Amanda Graves, of record in Instrument No. 20000808158585, said P.K. nail also being at the True Place Of Beginning;
Thence N 89º 10' 59" E, along the southerly line of said 1.003 acre tract and the southerly line of land of the City of Columbus, of record in Official Record Volume 31293, Page E-07, a distance of 1583.98 feet to an iron pin set;
Thence through said 68.8502 acre tract with a new division line the following courses:
1. S 31º 08' 31" E, a distance of 688.15 feet to an iron pin set;
2. S 89º 10' 59" W, a distance of 1233.98 feet to an iron pin set in the easterly line of that 5.001 acre tract as described in a deed to Kevin Adams, of record in Official Record Volume 32015, Page C-02;
Thence N 0º 40' 00" W, along said easterly line, a distance of 308.86 feet to an iron rod found at the northeasterly corner of said 5.001 acre tract and in the southerly line of that 2.0937 acre tract as described in a deed to Michael M. Fribley, of record in Official Record Volume 16568, Page D-10;
Thence N 89º 29' 00" E, along said southerly line, a distance of 100.99 feet to an iron rod found at the southeasterly corner of said 2.0937 acre tract;
Thence N 0º 40' 00" W, along the easterly line of said 2.0937 acre tract, a distance of 114.00 feet to an iron rod found at the northeasterly corner or same;
Thence S 89º 29' 00" W, along the northerly line of said 2.0937 acre tract, a distance of 800.00 feet to a P.K. nail found in the centerline of Spangler Road (passing an iron rod found in the easterly right-of-way line at 770.00 feet);
Thence N 0º 40' 00" W, along said centerline, a distance of 167.48 feet to the True Place Of Beginning, and containing 16.900 acres of land.
Bearings herein are based on N 0º 04' 00" W for Spangler Road as referenced in the deed for the parent tract.
Iron pins set consist of a 1" (O.D.) pipe, 30" long with a plastic cap inscribed "M-E COMPANIES/S-6872".
This description was prepared by M-E Companies, Inc., Civil Engineering Group, based on information obtained from an actual field survey performed in April, 2004.
Robert S. Wynd, Registered Surveyor No. 6872.
Section 2. That the Director of Department of Public Utilities be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to grant to the Board of Park Commissioners of The Columbus and Franklin County Metropolitan Park District a quitclaim deed in and to the following described real property, however reserving to Grantor those perpetual utility easements in, over, under, across, and through the subject real property for all existing utilities as of the date of this grant*, in exchange for a deed for similar acreage to be granted to the City by the Board of Park Commissioners of The Columbus and Franklin County Metropolitan Park District:
2.813 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus and being further described as follows:
Being Reserve "D" of Meadows at Winchester, Section 5, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 91, Pages 77 and 78, Recorder's Office, Franklin County, Ohio.
14.016 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 18, Township 15, Range 20, Congress Lands and being 14.016 acres of those tracts conveyed to "Lehman Road Associates" (1.737 acres) by deed of record in Official Record 29634, D-06 and "Lynd Land Development Company" (12.279 acres) by deed of record in Official Record 27488, G-17, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said 14.016 acres being more particularly described as follows:
Beginning at an iron pin at the southwesterly corner of that tract conveyed to William V. Corban by deed of record in Official Record 2440, H-05;
Thence N 89º 51' 15" E, along the southerly line of the said Corban tract, a distance of 382.89 feet to an iron pin at the northwesterly corner of that 89.273 acre tract as conveyed to the said Lynd Land Development Company;
Thence S 0º 07' 35" W, leaving the southerly line of the said Corban tract and along the westerly line of the said Lynd Land Development Company tract, a distance of 185.00 feet to an iron pin;
Thence S 89º 51' 15" W, leaving the westerly line of the said Lynd Land Development Company tract, a distance of 815.91 feet to an iron pin;
Thence S 35º 03' 16" W, a distance of 150.41 feet to an iron pin;
Thence S 0º 05' 00" E, a distance of 40.00 feet to an iron pin;
Thence S 66º 11' 25" W, a distance of 70.00 feet to an iron pin set on the easterly line of that tract conveyed to John T. and Rita J. Ricketts by deed of record in Official Record 2919, A-10;
Thence N 0º 05' 00" W, along the easterly line of the said Ricketts' tract, a distance of 958.04 feet to an iron pin at the southeasterly corner of that tract conveyed to Brooks G. and Marsha S. Young by deed of record in Official Record 4686, E-10;
Thence N 0º 53' 51" W, along the westerly line of the said Young tract, a distance of 126.54 feet to an iron pin at the southwesterly corner of that tract conveyed to Board of Park Commissioners by deed of record in Official Record 5073, E-06;
Thence N 88º 38' 04" E, along the southerly line of the said Board of Park Commissioners tract, a distance of 578.46 feet to an iron pin at the northwesterly corner of the said Corban tract;
Thence S 0º 42' 19" E, along the westerly line of the said Corban tract, a distance of 720.92 feet to the Place Of Beginning, containing 14.016 acres, more or less.
The bearings described herein are based on a meridian in a bearing system in which the centerline of Lehman Road has a bearing of S 89º 57' 53" W, as per Official Record 27488, G-17.
EMH&T, Inc., Donald L. Dibert, P.S. #5425.
Prior Instrument Reference: Instrument Number 200105080100830,
O.R. Vol. 34601, Pg. D-04,
Recorder's Office, Franklin County, Ohio.
Franklin County Tax Parcel No. 540-248974 and 540-238079.
* Easements reserved to Grantor include, but are not necessarily limited to, (1) an easement depicted on Draw D Plan #4187 for storm water headwall and outlet onto Reserve "D", and (2) a sanitary sewer line referenced as Record Plat #8610 running along the south line of Reserve "D", said plan and plat being on file with the Division of Sewerage & Drainage, Department of Public Utilities, City of Columbus, Ohio.
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 its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.