Explanation
1. BACKGROUND
Fornof (aka Fornoff) Lane was dedicated and accepted by the Merion Township Trustees on April 30, 1895 and was subsequently recorded as such in the Township Road Record Book, pages 41 through 63. Through annexation the City of Columbus ("City") is now the owner of this 16 foot wide unimproved right-of-way. This unimproved right-of-way bisects a 281.755 acre tract of land owned by Columbus Limestone, Inc. The City is currently in contract to acquire a 54.694 acre portion of the Columbus Limestone, Inc. property for redevelopment as the City's new impound lot. The Department of Public Service, Division of Design and Construction has been asked to vacate that portion of this unimproved right-of-way within the proposed impound lot site prior to the City's acquisition of the 54.694 acres.
After investigation by Division of Design and Construction staff it was determined that the vacation of this portion of Fornof Lane will enhance the City's ability to develop the new impound lot site. The following legislation vacates that portion of unimproved Fornof Lane from the western line of the Ohio Feeder Canal Lands to a point approximately 375 feet west northwest from said western line of the canal lands.
2. EMERGENCY JUSTIFICATION
Emergency action is requested to allow the vacation of the unimproved portion Fornof Lane within the proposed impound lot site to occur prior to the City's acquisition of the 54.694 acre tract from Columbus Limestone, Inc. which is currently scheduled for June 30, 2009.
Title
To vacate that portion of Fornof (aka Fornoff) Lane from the western line of the Ohio Feeder Canal Lands to a point approximately 375 feet west northwest from said western line; to the extent they may apply to waive the competitive bidding provisions and the Land Review Commission requirements of Columbus City Codes; and to declare an emergency.
Body
WHEREAS, Fornof (aka Fornoff) Lane was dedicated and accepted by the Merion Township Trustees on April 30, 1895 and was subsequently recorded as such in the Township Road Record Book, pages 41 through 63; and
WHEREAS, through annexation the City of Columbus ("City") is now the owner of this 16 foot wide unimproved right-of-way; and
WHEREAS, this unimproved right-of-way bisects a 281.755 acre tract of land owned by Columbus Limestone, Inc.; and
WHEREAS, the City is currently in contract to acquire a 54.694 acre portion of the Columbus Limestone, Inc. property for redevelopment as the City's new impound lot; and
WHEREAS, the Department of Public Service, Division of Design and Construction has been asked to vacate that 375± foot long portion of this unimproved right-of-way within the bounds of the proposed impound lot site prior to the City's acquisition of the 54.694 acres; and
WHEREAS, after investigation by Division of Design and Construction staff it was determined that the vacation of this portion of unimproved Fornof Lane will enhance the City's ability to develop the new impound lot site; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to vacate that portion of Fornof Lane from the western line of the Ohio Feeder Canal Lands to a point approximately 375 feet west northwesterly from said western line prior to the City's acquisition of the 54.694 acre tract from Columbus Limestone, Inc., currently scheduled for June 30, 2009, 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 portion of unimproved Fornof (aka Fornoff) Lane from the western line of the Ohio Feeder Canal Lands to a point approximately 375 feet west northwesterly from said west line, be and hereby is vacated.
Section 2. That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be vacated without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the vacation of this right-of-way.
Section 3. That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be vacated without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the vacation of this right-of-way.
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 passage if the Mayor neither approves nor vetoes the same.