Explanation
Ohio Revised Code Chapter 723.03 requires that property to be used as a public street or alley must be accepted and dedicated as public right-of-way by an ordinance specially passed for such purpose. 4300 EAST FIFTH AVENUE LLC, an Ohio limited liability company, has deeded the property more fully described in Instrument Number 200208230208581, of record in the Franklin County, Ohio Recorder's Office, to the City of Columbus. The City desires to accept this property, dedicate it for roadway purposes and name it Aircenter Drive. The following legislation provides for the City to accept a deed for real property, to dedicate the property as road right-of-way and name the road right-of-way as Aircenter Drive.
Emergency Justification: Under the Airport Operation and Use Agreement, which created the Columbus Municipal Airport Authority ("Port Authority"), the City is obligated to convey to the Port Authority all airport property once the Port Authority has repaid in full the City debt issued for the airports. The Port Authority intends to make their final debt payment in December 2007 and the City intends to convey all airport real property to the Port Authority by the end of the year. This ordinance is a companion piece to an ordinance required prior to conveying real property to the Port Authority.
Title
To accept a General Warranty deed from 4300 EAST FIFTH AVENUE LLC; to dedicate and name the premises so deeded Aircenter Drive; and to declare an emergency.
Body
WHEREAS, Ohio Revised Code Chapter 723.03 requires that property to be used as a public street or alley must be accepted and dedicated as public right-of-way by an ordinance specially passed for such purpose; and
WHEREAS, 4300 EAST FIFTH AVENUE LLC, an Ohio limited liability company, is the owner of the property more fully described in Instrument Number 200208230208581; and
WHEREAS, by virtue of this deed, of record in the Franklin County, Ohio Recorder's Office, said 4300 EAST FIFTH AVENUE LLC has deeded property to the City of Columbus; and
WHEREAS, the City desires to accept this deed for property which will be used as road right-of-way; and
WHEREAS, the road right-of-way will be named and dedicated Aircenter Drive; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to accept, dedicate and name the property deeded to the City in Instrument Number 200208230208581 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 City of Columbus hereby accepts the property more fully described in Instrument Number 200208230208581 from 4300 EAST FIFTH AVENUE LLC.
Section 2. That the City of Columbus hereby dedicates the property more fully described in Instrument Number 200208230208581 as road right-of-way.
Section 3. That the City of Columbus names the property more fully described in Instrument Number 200208230208581 as Aircenter Drive.
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.