Explanation
Background: The City of Columbus, Department of Public Utilities is engaged in the Albany landings development project, which is located in the vicinity of Warner Road and Eagle Harbor Drive. As part of the project the City desires to enter into an agreement with Village Community, an Ohio corporation, who at its' sole cost and expense, proposes to construct certain improvements, consisting of a new pump station to service the Albany Landings development project and the adjacent tributary area. The City will review the developers' plans and approve them provided that they are in accordance with the City's project plans. Upon the project reaching fifty (50) percent of the design capacity and an operation demonstration of at least 3 months, the City will assume ownership, maintenance and operation of the pump station. The Developer will convey the land on which the pump station is located to the City in fee simple. It is the purpose of the Agreement to provide for the terms and conditions upon which the Project may proceed. The following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to enter into the agreement with Village Communities.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate execution of the agreement, as not to delay the construction of the pump station nor its subsequent benefit to the City.
Title
To authorize the Director of the Department of Public Utilities to execute those documents, as prepared by the Real Estate Division, Department of Law, necessary to enter into an agreement, by and between the City and Village Communities to construct, or to cause to be constructed, certain improvements, consisting of a new pump station to service the Albany Landings development project area located in the vicinity of Warner Road and Eagle Harbor Drive and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, Division of Sewerage and Drainage, is engaged in the Albany landings development project, which is located in the vicinity of Warner Road and Eagle Harbor Drive; and
WHEREAS, as part of the project the City desires to enter into an agreement with Village Community, an Ohio corporation, who at its' sole cost and expense, proposes to construct certain improvements, consisting of a new pump station to service the Albany Landings development project and the adjacent tributary area; and
WHEREAS, the City will review the developers' plans and approve them provided that they are in accordance with the City's project plans (referred to as CC-15042); and
WHEREAS, upon the project reaching fifty (50) percent of the design capacity and an operation demonstration of at least 3 months, the City will assume ownership, maintenance and operation of the pump station; and
WHEREAS, the Developer will convey the land on which the pump station is located to the City in fee simple; and
WHEREAS it is the purpose of the Agreement to provide for the terms and conditions upon which the Project may proceed; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into an agreement with Village Communities for the construction of certain improvements, consisting of a new pump station to service the Albany Landings development project and the adjacent tributary area, 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:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute those documents, as prepared by the Real Estate Division, Department of Law, necessary to enter into an agreement, in substantially the form attached hereto, by and between the City and Village Communities, an Ohio Corporation, to construct, or to cause to be constructed, certain improvements, consisting of a new pump station to service the Albany Landings development project area as described to wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 3, Township 2, Range 16, United States Military Lands, being part of that 31.827 acre tract conveyed to Albany Moor LLC by deed of record in Instrument Number 200911040159748 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6611 found in the centerline of Warner Road (width varies), at the northwesterly corner of that 0.418 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 200707100120011, being at the northeasterly corner of that 63.551 acre tract conveyed to McCorkle Soaring Eagles, LLC by deeds of record in Instrument Number 200504220075702 and Instrument Number 200602150030059, being North 86° 28' 00" West, a distance of 2625.41 feet from Franklin County Geodetic Survey Monument Number 1207 found;
thence South 03° 27' 46" West, with the westerly line of said 0.418 acre tract and that 0.139 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 201003120029573, and with the easterly line of said 63.551 acre tract, across the right-of-way of said Warner Road, (passing a 1 inch iron pipe found at 20.00 feet) a total distance of 40.00 feet to an iron pin set at northwesterly corner of the remainder of said 31.827 acre tract, the TRUE POINT OF BEGINNING;
thence South 86° 28' 00" East, with the southerly line of said 0.139 acre tract, the southerly right-of-way line of said Warner Road, a distance of 50.00 feet to an iron pin set;
thence across said 31.827 acre tract, the following courses and distances:
South 03° 29' 17" West, a distance of 210.00 feet to an iron pin set;
North 86° 28' 28" West, a distance of 30.00 feet to an iron pin set;
South 03° 29' 17" West, a distance of 356.20 feet to an iron pin set;
South 28° 24' 16" East, a distance of 153.46 feet to an iron pin set;
North 86° 30' 43" West, a distance of 25.69 feet to an iron pin set;
South 28° 15' 05" West, a distance of 57.88 feet to an iron pin set;
South 03° 29' 17" West, a distance of 25.84 feet to an iron pin set;
North 86° 30' 43" West, a distance of 51.14 feet to an iron pin set in the easterly line of said 63.551 acre tract;
thence North 03° 29' 17" East, with the line common to said 31.827 and 63.551 acre tracts, a distance of 774.92 feet to the TRUE POINT OF BEGINNING, and containing 0.692 acres of land, more or less, being out of PID: 010-252430.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the Ohio State Plane Coordinate System South Zone per NAD83 (1986 adjustment). Control for bearings was from coordinates of monuments 8824 and 8825, having a bearing of North 86° 29' 28" West, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
Section 2. That for the reasons state in the preamble hereto, which is hereby made a pert 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. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.