Explanation
Background: The Franklin County Commissioners (the "County") and the City Columbus (the "City") are joint owners of certain real property located in Delaware County, in the vicinity of West Powell Road and Gibson Road. The New Hope Reformed Church, owner of real property adjacent to the aforementioned City and County parcel, has requested that a water line easement be granted through the City and County property to provide water service to the Church. The Delco Water Company, Inc. will install, construct, maintain, and operate the water line. The Franklin County Commissioners have no objection to the granting of the subject easement. Also, after investigation, it has been determined by the Recreations and Parks Department that the perpetual easement will not adversely affect the City and should be granted. The Department of Law, Real Estate Division, has determined that the total value of the easement is $700.00, which is to be split equally between the County and the City as consideration for the aforementioned easement. The following legislation authorizes the Executive Director of the Recreation and Parks Department to execute those instruments necessary to grant the subject easement through the aforementioned City and County owned real property, more fully described within the body of this ordinance.
Fiscal Impact: The City has received $350.00, as consideration for the granting of this easement, which has been deposited into the proper fund.
Emergency Justification: N/A.
Title
To authorize the Executive Director of the Recreation and Parks Department to execute those documents necessary to grant a water line easement through certain real property, jointly owned by The Franklin County Commissioners and the City of Columbus, located in the vicinity of West Powell Road and Gibson Road, at the request of The New Hope Reformed Church, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, with regards to this ordinance only.
Body
WHEREAS, the Franklin County Commissioners (the "County") and the City Columbus (the "City") are joint owners of certain real property located in Delaware County, in the vicinity of West Powell Road and Gibson Road; and
WHEREAS, the New Hope Reformed Church, owner of real property adjacent to the aforementioned City and County parcel, has requested that a water line easement be granted through the City and County property to provide water service to the Church; and
WHEREAS, Delco Water Company, Inc., will install, construct, maintain, and operate the water line; and
WHEREAS, the Franklin County Commissioners have no objection to the granting of the subject easement; and
WHEREAS, after investigation, it has been determined by the Recreations and Parks Department that the perpetual easement will not adversely affect the City and should be granted; and
WHEREAS, the Department of Law, Real Estate Division, has determined that the total value of the easement is $700.00, which is to be split equally between the County and the City for the aforementioned easement; and
WHEREAS, the City has received $350.00, as consideration for the granting of this easement, which has been deposited into the proper fund; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Recreation and Parks be and hereby is authorized to execute those documents prepared by the Department of Law, Real Estate Division necessary to grant DELCO WATER COMPANY, INC. a water line easement in, under, across, over and through the following described real property, to wit:
Situated in the State of Ohio, County of Delaware, Township of Liberty, Farm Lot 13, Quarter Township 3, Township 3 North, Range 19 West, United States Military Lands, and being within 25.397 acres conveyed to the Commissioners of Franklin County, Ohio, and the City of Columbus, Ohio, O.R. 30, Page 1436, Delaware County Recorder's Office, Delaware County Auditor's Parcel #319-342-05-002-000, said easement further described as follows:
Beginning for reference at the Northeasterly corner of said 25.397 acre lot, in the centerline intersection of Powell Road and the East line of Farm Lot 13;
Thence westerly along the centerline of Powell Road, N 87º 26' 13" W, 516.73 feet to the Easterly line of a 12.000 acre tract conveyed to New Hope Reformed Church, Volume 0336, Page 2527, Parcel #319-342-05-002-001;
Thence along the easterly line of said 12.000 acre tract, S 30º 17' 43" E, 89.05 feet to the Principal Point Of Beginning of the easement being here described;
Thence S 30º 17' 43" E, 12.27 feet;
Thence N 47º 37' 03" E, 14.36 feet;
Thence S 87º 22' 58" E, 21.96 feet;
Thence N 02º 37' 02" E, 38.93 feet;
Thence S 47º 37' 03" W, 54.74 feet returning to the Point Of Beginning, and having an area of 0.019 acres.
Basis of bearing: Deed to New Hope Reformed Church, Reformed Church in America, Volume 0336, Page 2527, Delaware County Recorder's Office.
The above description was written by Jonathan G. Hardbarger, Ohio Professional Surveyor No. 7687 in April 2004, and is based upon record evidence.
Prior Instrument Reference: O.R. Vol. 30, Pgs. 1436 and 1438,
Recorder's Office, Delaware County, Ohio.
Section 2. 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 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.