Explanation
Background: The City of Columbus, ("City") is the owner of certain real property located in the vicinity of Olentangy River Road and Mason Place, which the State of Ohio, Ohio Department of Natural Resources, ("State"), has determined to be important to the preservation of the Olentangy River. The State desires to impose certain restrictions upon the use of the subject real property including, but not limited to, the prohibiting of billboard placement, the use of certain pesticides, and the removal of native trees. Therefore the State has requested that the City grant a Conservation Easement in order to preserve the area in its "natural state". After investigation, it has been determined by the Recreation and Parks Department that the protection of the area will benefit the City and the easement should be granted. This legislation authorizes the execution of the documents necessary for the granting of the aforementioned easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the subject easement to be immediately granted, as not to delay the preservation of the natural character of the Olentangy Scenic River.
Title
To authorize the Director of the Recreation and Parks Department to execute a "Deed of Conservation Easement" and any ancillary documents necessary to grant the State of Ohio, Ohio Department of Natural Resources, a perpetual conservation/scenic easement across certain City owned property, located in the vicinity of Olentangy River Road and Mason Place, for the preservation of the Olentangy Scenic River, and to declare an emergency.
Body
WHEREAS, The City of Columbus, ("City") is the owner of certain real property located in the vicinity of Olentangy River Road and Mason Place, which the State of Ohio, Ohio Department of Natural Resources, ("State"), has determined to be important to the preservation of the Olentangy Scenic River; and
WHEREAS, the State desires to impose certain restrictions upon the use of the subject real property including, but not limited to, the prohibiting of billboard placement, the restricted use of certain pesticides, and the prohibiting of the removal of native trees; and
WHEREAS, the State has requested that the City grant a "Conservation Easement" in order to preserve the area's "natural state"; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorized the Director of the Recreation and Parks Department to execute those documents necessary to grant a Deed of Conservation Easement to the State of Ohio, Ohio Department of Natural Resources for the preservation of the Olentangy River and the immediate 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 Director of the Recreation and Parks Department be and hereby is authorized to execute a Deed of Conservation Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the State of Ohio, Ohio Department of Natural Resources a perpetual conservation/scenic easement across the following described real property for the preservation of the Olentangy Scenic River the to wit:
Parcel One
Situated in the State of Ohio, County of Franklin, and in the City of Columbus, and bounded and described as follows:
Beginning at an iron pin in the Grantor's southerly property line, the northerly line of Raymond E. Mason and Lula F. Mason property and in the line between Sharon Township and the City of Columbus being 550.83 feet right of and radially from Station 171+72.83 in the centerline of a survey made in 1966 by the Ohio Department of Highways for Relocated State Route 315 (FRA-270-13.86N); thence along said property line N 87º 29' 02" W, 87.51 feet to a point; thence N 05º 13' 35" W, 460.47 feet, along a proposed line, to a point of curvature; thence with a curve to the left having a radius of 1513.32 feet, an arc distance of 395.36 feet, the chord of which bears N 13º 57' 38" W, 394.24 feet to a point on the Grantor's northerly property line, also being the southerly line of another property of the aforementioned Raymond E. Mason; thence along said property line S 87º 54' 02" E, a distance of 581.68 feet to a point in Grantor's northeast property corner, the southeast corner of the last mentioned property of said Masons, being the center of the Olentangy River; thence along Grantor's easterly property line, and the center of said River S 6º 05' 01" E, a distance of 227.22 feet at an angle point; thence S 2º 10' 34" W, a distance of 250.18 feet to an angle point; thence S 6º 16' 42" W, a distance of 364.49 feet to a point in Grantor's southeast property corner; thence along the first mentioned property line N 87º 29' 02" W, a distance of 331.85 feet to a Point Of Beginning. Said parcel consisting of 9.593 acres, more or less.
Subject to an easement for scenic protection granted to the State of Ohio by Joe E. Dobrunz and Elizabeth Dobrunz dated June 21, 1988 of record in Volume 2906, Page 79, Recorder's Office, Franklin County, Ohio.
Also subject to a certain easement to the State of Ohio, Conservation Council for improvement of Olentangy River and for fishing purposes, date March 25, 1937, and recorded in Deed Book 1070, Page 118, Recorder's Office, Franklin County, Ohio.
The above-described Parcel One being the same premises conveyed to the City of Columbus from Elizabeth Dobrunz, widow, not remarried, dated March 11, 1991 and recorded in O. R. Vol. 16603, Pg. D-20, Recorder's Office, Franklin County, Ohio.
Parcel Two
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 2, Township 2, Range 18 West, and bounded and described as follows:
Beginning at a iron pin in Grantor's northerly property line, the southerly line of the Joe E. Dobrunz property, and the line between Sharon Township and the City of Columbus, being 550.83 feet right of and radially from Station 171+72.83 in the center line of a survey made in 1966 by the Ohio Department of Highways for Relocated State Route 315 (FRA-270-13.86 N); thence along said line S 87º 29' 02" E, a distance of 274.98 feet to a point in the Grantor's northeast property corner; thence along Grantor's easterly property line S 12º 31' 29" W, a distance of 309.22 feet to an angle point; thence S 17º 31' 24" W, a distance of 309.22 feet to a point in Grantor's southeast property corner and a northeast corner of the Evans Investment Company property; thence along Grantor's southerly property line and the northerly property line of said Evans Investment Company property N 87º 44' 12" W, 240.62 feet to a point; thence N 7º 21' 09" E, 165.50 feet along a proposed line to a point of curvature; thence with a curve to the left having a radius of 3164.79 feet, an arc distance of 348.86 feet, the chord of which bears N 04º 12' 48" E, 348.68 feet to a point; thence N 05º 13' 35" W, 91.64 feet to a point on the Grantor's northerly property line, and the line between Sharon Township and the City of Columbus; thence S 87º 29' 02" E, 87.51 feet to the Place Of Beginning. Said parcel consisting of 4.114 acres, more or less.
Subject to an easement for scenic protection granted to the State of Ohio by Raymond C. Mason and Lula E. Mason dated June 27, 1968, of record in Vol. 2909, Pg. 229, Recorder's Office, Franklin County, Ohio.
The City of Columbus acquired title to the above parcel two by a quitclaim deed from Raymond E. Mason, Jr. and Margaret E. Mason dated October 1, 1990 and recorded in O. R. Vol. 16036, Pg. E-18 of the Recorder's Office, Franklin County, Ohio.
Parcels One and Two containing of 13.71 acres, more or less.
Franklin County Tax Parcel Nos. 250-005695 and 610-146439.
Prior Instrument Reference: O. R. Vol. 16603, Pg. D-20, O. R. Vol. 16036, Pg. E-18,
Recorder's Office, Franklin County, Ohio
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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.