Explanation
Background: Columbus City Council passed Ordinance Number 1560-2008 on October 20, 2008, which authorized the Director of Finance and Management to enter into a purchase contract with NWD Investments, LLC, ("NWD") an Ohio limited liability company, for the sale of approximately 2.447 acres of City owned land located at the southeast corner of Neil Avenue and Vine Street. In order to finalize the purchase contract and allow for proposed redevelopment, the City will need to agree and/or grant to Columbus Southern Power Company, an Ohio corporation, a unit of American Electric Power ("AEP"), any necessary permit(s) and/or easements necessary for the relocation of AEP's existing overhead transmission lines, over various right of way, including a section along Columbus Convention Center Drive, and the City will need to release, in part, an Affidavit on Facts Relating to Title for its existing Fifty (50) wide general utility easement on said 2.447 acre property, in exchange for replacement easements from NWD.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow this purchase contract and closing to occur.
Title
To authorize the Director of Public Service to execute all easements, permits and ancillary documents, between the City and Columbus Southern Power Company, an Ohio corporation, necessary for the relocation of its existing overhead transmission lines over various right of way, in the vicinity of Neil Avenue and Vine Street; to authorize the Director of Public Utilities to execute a release of an existing general utility easement in a recorded Affidavit on Facts Relating to Title; and to declare and emergency.
Body
WHEREAS, Columbus City Council authorized the Director of Finance and Management to enter into a purchase contract with NWD Investments, LLC, an Ohio limited liability company for the sale of an approximately 2.447 acre tract of real property owned by the City of Columbus; and,
WHEREAS, In order to finalize said purchase contract and to allow for the proposed redevelopment, existing overhead electrical transmission lines owned by Columbus Southern Power Company, an Ohio corporation, a unit of American Electric Power ("AEP") will need to be relocated and an existing general utility easement will need to be released; and,
WHEREAS, In order for Columbus Southern Power Company to agree to relocate said existing overhead transmission lines, the City of Columbus will need to grant replacement easements and/or permits; and,
WHEREAS, The City owns a Fifty (50) foot wide general utility easement on said 2.447 acre tract, which will need to be released; and,
WHEREAS, NWD Investments has agreed to grant replacement easements for the release of said Fifty (50) foot wide general utility easement; and,
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to authorize the Director of Public Service and Director of Public Utilities, in conjunction with the City Attorney's Office, to execute those documents necessary to effectuate the sale of said 2.447 acres, 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 Director of Public Service be and hereby is authorized to execute those permits, easements, or documents, as approved by the Department of Law, Real Estate Division, necessary to grant permit(s) and/or easement(s) to Columbus Southern Power Company, an Ohio Corporation, a unit of American Electric Power, to allow for the relocation of its existing overhead transmission lines over various right of way, as approved by the Department of Law, Real Estate Division, for the following described real property.
0.741 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 10 (Section 8), Township 5, Range 22, Refugee Lands being across Kilbourne Street and Vine Street (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
BEGINNING at a southwesterly corner of that 0.170 acre tract conveyed to HP Land Development, LTD., by deed of record in Instrument Number 200708210146703, the easterly corner of Columbus Convention Center Drive;
thence North 86° 27' 56" West, partly across said Kilbourne Street, a distance of 27.98 feet to a point;
thence North 12° 17' 11" West, continuing across said Kilbourne Street, a distance of 191.26 feet to a point in the westerly right-of-way line of said Kilbourne Street;
thence with the westerly right-of-way line of said Kilbourne Street, the following courses and distances;
North 03° 29' 42" East, a distance of 69.76 feet to a point; and
North 50° 25' 22" West, a distance of 30.72 feet to a point;
Thence across vine street, the following courses and distances:
North 12° 17' 13" West, a distance of 61.00 feet to a point;
South 83° 31' 07" West, a distance of 414.59 feet to a point in the easterly right-of-way line of Neil Avenue;
thence North 11° 45' 49" West, with the easterly right-of-way line of said Neil Avenue, a distance of 25.41 feet to a point on the arc of a curve to the left, being the northerly right-of-way line of Vine Street;
thence with said northerly right-of-way line, the following courses and distances:
with the arc of said curve, having a central angle of 06° 40' 38", a radius of 869.50 feet, an arc length of 101.33 feet, a chord bearing and distance of South 87° 55' 08" East, 101.27 feet to a point of compound curvature;
with the arc of said curve, having a central angle of 10° 47' 30", a radius of 764.00 feet, an arc length of 143.90 feet, a chord bearing and distance of North 80° 30' 32" East, 143.69 feet to a point of reverse curvature;
with the arc of said curve, having a central angle of 10° 19' 34", a radius of 836.00 feet, an arc length of 150.67 feet, a chord bearing and distance of North 80° 16' 34" East, 150.46 feet to a point of tangency;
North 82° 20' 22" East, a distance of 41.26 feet to a point; and
North 64° 58' 11" East, a distance of 50.26 feet to a point in the westerly right-of-way line of said Kilbourne Street;
thence North 06° 25' 56" East, with the westerly right-of-way line of said Kilbourne Street, a distance of 31.63 feet to a point;
thence South 12° 17' 13" East, across said Kilbourne Street, a distance of 229.57 feet to a point in the easterly right-of-way line of said Kilbourne Street;
thence South 03° 29' 42" West, with the easterly right-of-way line of said Kilbourne Street, a distance of 195.16 feet to the POINT OF BEGINNING, and containing 0.741 acre of land, more or less.
0.962 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 10, Section 8, Township 5, Range 22, Refugee Lands, being on, over, and across the right-of-way of Neil Goodale Connector (width varies) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the westerly right-of-way line of Neil Avenue (width varies) with the northerly right-of-way line of Vine Street (width varies), being at the southeasterly corner of that tract conveyed to New York Central Line LLC by deed of record in Instrument Number 200212180325201;
Thence across the right-of-way of said Neil Goodale Connector, the following courses and distances:
South 03° 23' 48" West, a distance of 71.51 feet to a point;
North 74° 48' 00" West, a distance of 588.15 feet to a point on the easterly Limited Access right-of-way line;
Thence with said easterly Limited Access right-of-way line, the following courses and distances:
North 15° 12' 00" East, a distance of 7.24 feet to a point;
North 08° 07' 55" East, a distance of 73.32 feet to a point;
thence South 74° 48' 00" East, across the right-of-way of Neil Goodale Connector, a distance of 100.77 feet to a point on a easterly right-of-way line of said Neil Goodale Connector;
thence South 08° 07' 55" West, with said easterly right-of-way line, a distance of 10.08 feet to the southwesterly corner of said New York Central Line LLC tract;
thence South 74° 48' 00" East, with the northerly right-of-way line of said Neil Goodale Connector, a distance of 480.54 feet to the POINT OF BEGINNING and containing 0.962 acre of land, more or less.
0.579 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Farm Lot 4 in Section 2, Township 5, Range 19 United States Military Lands, and in Section 8, Township 5, Range 22, Refugee Lands, and being part of a 1.551 acre tract of land dedicated for public use as "Columbus Convention Center Drive and School Alley Dedication and Easements" as recorded in Instrument Number 200608150160942, Plat book 109, pages 86 and 87, and being part of a tract of land conveyed to NWD Investments, LLC, as recorded in Instrument Number 199902180041487, Instrument Number 200002230035942 and Instrument Number 200408030180492, all references contained herein are to Franklin County Recorder's records, Franklin, Ohio and being a strip of land for electric utility easement purposes and being shown on Exhibit "A" attached hereto and made a part thereof and being more particularly bounded and described as follows:
Beginning at a point of curvature in the southerly and westerly line of said 1.551 acre tract;
thence, with a curve to the right having a radius of 126.54 feet, a delta angle of 55° 43' 26" and a chord which bears N 60° 40' 56" W, 118.28 feet to a point;
thence, running within said 1.551 acre tract the following two (2) consecutive courses:
1) S 86° 10' 26" E, 439.79 feet to a point;
2) N 09° 31' 20" W, 9.72 feet to a point in the northerly line of said 1.551 acre tract
thence, S 86° 45' 25" E, 82.03 feet running with the northerly line of said 1.551 acre tract to a point;
thence, S 09° 31' 20" E, 58.55 feet to a point in the southerly line of said 1.551 acre tract;
thence, N 86° 44' 30" W, 426.34 feet running with the southerly line of said 1.551 acre tract to the point of beginning and containing 0.579 acres of land, more or less.
Section 2. That the Director of Public Utilities, be and hereby is authorized to execute a Release of an Affidavit on Facts Relating to Title, in part, for the release of the City's Fifty (50) foot wide general utility easement recorded in Instrument Number 200201180017837, Franklin County Recorder's Office, as approved by the Department of Law, Real Estate Division, in exchange for replacement easements.
Section 3. 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.