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File #: 0953-2008    Version: 1
Type: Ordinance Status: Passed
File created: 5/30/2008 In control: Judiciary And Court Administration Committee
On agenda: 6/23/2008 Final action: 6/25/2008
Title: To authorize the Director of Recreation & Parks to execute those documents necessary to grant a temporary construction easement to the Franklin County Commissioners in exchange for the County agreeing to allow two posts and a chain-gate owned by the City to remain within the County's right-of-way and other considerations; and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes.
Explanation
 
Background:    The City of Columbus is the owner of certain real property located in the vicinity of Crevis Lane and Clime Road North, more fully described in the body of this legislation.  The Franklin County Commissioners ("County") has requested that the City grant a temporary construction easement in and through the Clime Road property, so that the County may perform construction necessary to its roadway project.  The Department of Recreation and Parks has determined that the granting of the temporary easement will not adversely affect the City and should be allowed.  The Real Estate Division, has established a value of $360.00 for the granting of the easement.  However, the City has determined it to be in its best interest to waive compensation for the temporary easement in exchange for the County agreeing to allow two posts and a chain-gate owned by the City and located within the County's right-of-way to remain.  Also as part of the agreement, the County will give the City 30 days notice prior to the date when the City must remove two signs from the County's right-of-way.  The City may replace the signs after construction of the roadway project.  
 
Fiscal Impact:    N/A
 
Emergency Justification:   N/A
 
 
Title
 
To authorize the Director of Recreation & Parks to execute those documents necessary to grant a temporary construction easement to the Franklin County Commissioners in exchange for the County agreeing to allow two posts and a chain-gate owned by the City to remain within the County's right-of-way and other considerations; and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes.
 
 
Body
 
WHEREAS,      the City of Columbus is the owner of certain real property located in the vicinity of Crevis Lane and Clime Road North, more fully described in the body of this legislation; and
 
WHEREAS,      the Franklin County Commissioners ("County") has requested that the City grant a temporary construction easement, in and through the Clime Road property so that the County may perform construction necessary to its roadway project; and
 
WHEREAS,      the Department of Recreation and Parks has determined that the granting of the temporary easement will not adversely affect the City and should be allowed; and
 
WHEREAS,      the Real Estate Division, has established a value of $360.00 for the granting of the easement; and
 
WHEREAS,      the City has determined it to be in its best interest to waive compensation for the temporary easement in exchange for the County agreeing to allow two posts and a chain-gate owned by the City and located within the County's right-of-way to remain; and
 
WHEREAS,      as part of the agreement, the County will give the City 30 days notice prior to the date when the City must remove two signs from the County's right-of-way.  The City may replace the signs after construction of the roadway project; now, therefore:
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
 
      Section 1.      That the Director of the Recreation and Parks Department be and hereby is authorized to execute those documents approved by the Department of Law, Real Estate Division necessary to grant a temporary construction easement in, over, under, across and through the following described real property for use in conjunction with the construction of FRA-CR125-3.63, Clime Road Improvement, (the "Improvement"), said easement being fully described as follows:
 
PARCEL NO. 6-T
      Situated in the State of Ohio, County of Franklin, Township of Franklin, City of Columbus, Virginia Military Survey No. 1425, and being a part of a 280.0098 acre tract of land conveyed to the City of Columbus by deed of record in Deed Book 2336, Page 158, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
      Beginning at a point in the existing right-of-way line of Clime Road, 55.00 feet right of Clime Road centerline of right-of-way Station 24+90.00;
      Thence southerly, to a point, at 125.00 feet right of Clime Road centerline of right-of-way Station 24+90.00;
      Thence westerly, to a point, at 125.00 feet right of Clime Road centerline of right-of-way Station 24+50.00;
      Thence northerly, to a point, in the existing right-of-way line of Clime Road, 55.00 feet right of Clime Road centerline of right-of-way Station 24+40.00;
      Thence easterly, along the existing right-of-way line of Clime Road to the True Point Of Beginning.
      The above-described area contains 0.072 acres, more or less, which is part of the Franklin County Auditor's Permanent Parcel Number 570-138798.
      Bearings are based on the State Plane Coordinate System, South Zone and North American Datum of 1983, (1986), as established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1987 and 1989, occupying monuments "Frank 40" and "Frank 140".
      The above description was prepared by PB Americas, Inc., under the supervision of Kerry D. Osborn, P.S., Ohio Registered Surveyor No. 7326, from an actual field survey performed by Canter Surveying/GPS Services, Inc. in 2004.
      Kerry D. Osborn, P.S. No. 7326, 4/15/07.
 
 
 
Franklin County Tax Parcel Number 570-138798.
 
Prior Instrument Reference:      D.B. Vol. 2336, Pg. 158,
Recorder's Office, Franklin County, Ohio.
 
 
      Section 2.      That the Director of the Recreation and Parks Department be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to enter into an agreement between the City and the Franklin County Commissioners, to waive payment of compensation to the City for the granting of the temporary construction easement described in "Section 1." of this legislation, in exchange for the County allowing two posts and a chain-gate owned by the City and located in existing County right-of-way to remain, as well as agreeing to provide at least 30 days notice when two signs need to be temporarily removed to accommodate construction of a County roadway project
 
 
      Section 3.      That this ordinance shall take effect and be in force from and after the earliest period allowed by law.