City of Columbus - File #: 1750-2004

• File #: 1750-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 9/24/2004
• In control: Utilities Committee
• On agenda: 10/25/2004
• Final action: 10/27/2004
• Title: To authorize the Director of the Department of Public Utilities to execute those documents necessary to remedy an encroachment upon City owned real property by entering into a one (1) year lease agreement between the City ("Lessor") and the Gudenkauf Corporation, ("Lessee"), 2679 McKinley Avenue, for the lease of approximately 1.212 + acres of City owned real property located adjacent to the Lessee's real property, and to declare an emergency.

Date	Ver.	Action By	Action	Result
10/27/2004	1	MAYOR	Signed
10/27/2004	1	CITY CLERK	Attest
10/25/2004	1	Columbus City Council	Approved	Pass
10/25/2004	1	COUNCIL PRESIDENT	Signed
10/8/2004	1	Atty Drafter	Sent for Approval
10/8/2004	1	CITY ATTORNEY	Reviewed and Approved
10/8/2004	1	Atty Drafter	Sent to Clerk's Office for Council
10/7/2004	1	UTILITIES DIRECTOR	Reviewed and Approved
10/6/2004	1	UTILITIES DIRECTOR	Reviewed and Approved
10/5/2004	1	Atty Drafter	Sent for Approval
9/27/2004	1	UTILITIES DIRECTOR	Reviewed and Disapproved
9/24/2004	1	Atty Drafter	Sent for Approval
9/24/2004	1	CITY ATTORNEY	Reviewed and Approved
9/24/2004	1	Atty Drafter	Sent for Approval

Explanation

Background: It has come to the City's attention that the Gudenkauf Corporation, an Ohio corporation, is the owner of certain real property, located at 2679 McKinley Avenue, Columbus, Ohio 43204, which presently encroaches upon a portion of the adjacent City owned real property. The City ("Lessor"), has agreed to remedy the aforementioned encroachment by entering into a lease agreement with the Gudenkauf Corporation, ("Lessee"), for the lease of the subject real property. The Lessee shall not rent to users or allow the subject real property to be used for any purpose other than as a "parking area", "driveway", and "a temporary storage area" (subject to all zoning regulations). After investigation by the City, it has been determined that the lease of the subject property will not adversely affect the City and should be allowed. The following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to enter into a one (1) year lease agreement between the aforementioned parties, with the City having the option to extend the lease for five (5) additional one-year periods if so desired.

Fiscal Impact: N/A

Emergency Justification: Emergency action is requested to allow the execution of this agreement to proceed, thus allowing the City to immediately remedy the encroachment upon its property without delay.

Title

To authorize the Director of the Department of Public Utilities to execute those documents necessary to remedy an encroachment upon City owned real property by entering into a one (1) year lease agreement between the City ("Lessor") and the Gudenkauf Corporation, ("Lessee"), 2679 McKinley Avenue, for the lease of approximately 1.212 + acres of City owned real property located adjacent to the Lessee's real property, and to declare an emergency.


Body

WHEREAS, the Gudenkauf Corporation, an Ohio corporation, is the owner of certain real property, located at 2679 Mc...