Explanation
BACKGROUND:
The City owns real property located at 480 East Town Street, Columbus, Ohio 43215 {Franklin County Tax Parcel 010-067009} commonly known as Topiary Park ("Park"), which is managed by the Columbus Recreation and Parks Department (CRPD). The Board of Trustees of the Columbus Metropolitan Library, a county district library organized and existing pursuant to Ohio Revised Code Chapter 3375 ("CML"), is redeveloping its real property adjacent to the Park for CML's 2020 Vision Project at 96 South Grant Avenue and 400 East Town Street, Columbus, Ohio 43215 {Franklin County Tax Parcels 010-285106, 010-190123 & 010-066783} commonly known as CML's Main Library. CML is required to acquire certain temporary construction and perpetual sewer utility easement rights from portions of the Park (collectively, "Real Estate") in order for CML to complete its redevelopment of the Main Library.
CRPD, after reviewing this matter, supports granting the Real Estate to CML in continued support of CML's overall 2020 Vision Project and CML granting the City a public access easement over portions of the Main Library property. Furthermore, after completion of CML's 2020 Vision Project, the City and CML intend to also enter into an agreement to share certain maintenance responsibilities regarding certain adjoining portions of the Park and Main Library. Accordingly, this ordinance authorizes the director of CRPD on behalf of the City to execute and acknowledge any necessary instrument(s), as approved by the City Attorney, in order to quit claim grant the Real Estate to CML and enter into a corresponding maintenance agreement for the Park and Main Library.
CONTRACT COMPLIANCE №: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested allowing for CML to complete its redevelopment of the Main Library without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
Title
To authorize the Director of the Recreation and Parks Department to execute and acknowledge any necessary instrument(s), as approved by the City Attorney, to quit claim grant to the Board of Trustees of the Columbus Metropolitan Library certain temporary construction and perpetual sewer utility easement rights from portions of Topiary Park; to enter into a corresponding maintenance agreement in continued support of the 2020 Vision Project to redevelop the Main Library; and to declare an emergency. ($0.00)
Body
WHEREAS, the City intends to support the Board of Trustees of the Columbus Metropolitan Library, a county district library organized and existing pursuant to Ohio Revised Code Chapter 3375 (i.e. CML), redevelopment of the Main Library adjacent to Topiary Park (i.e. Park) pursuant to CML's 2020 Vision Project;
WHEREAS, the City intends to support CML's redevelopment of the Main Library by granting CML certain temporary construction and perpetual sewer utility easement rights (i.e. Real Estate) from portions of Topiary Park (i.e. Park);
WHEREAS, the City intends to enter into an agreement regarding maintenance responsibilities on certain adjoining portions of the Park and Library after CML's redevelopment of the Main Library;
WHEREAS, the City intends for the City Attorney to approve all instrument(s) associated with this ordinance;
WHEREAS, an emergency exists in the usual daily operations of the Recreation and Parks Department in that it is immediately necesarry to authorize the Director to execute any necessary instruments to grant the Real Estate in order to prevent unnecessary delays in completion of the redevelopment of the Main Library, which will preserve the public peace, property, health, welfare, and safety; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The Director of the Columbus Recreation and Parks Department is authorized to execute and acknowledge any instrument(s) necessary to quit claim grant to the Board of Trustees of the Columbus Metropolitan Library, a county district library organized and existing pursuant to Ohio Revised Code Chapter 3375 (i.e. CML), perpetual, nonexclusive easement rights to install, control, construct, reconstruct, replace, operate, maintain, repair, and remove private storm sewer utilities and associated appurtenances in, on, under, and through the following two (2) described tracts of real property burdening the City's real property located 480 East Town Street, Columbus, Ohio 43215 {Franklin County Tax Parcel 010-067009} commonly known as Topiary Park (i.e. Park): (i) 0.012 acre, more or less, tract of real property, which is described and depicted in the attachments, Exhibit-A and Exhibit-D, and are fully incorporated into this ordinance for reference; and (ii) the 0.043 acre, more or less, tract of real property, which is described and depicted in the attachments, Exhibit-B and Exhibit-D, and are fully incorporated into this ordinance for reference.
SECTION 2. The Director of Columbus Recreation and Parks Department is authorized to execute and acknowledge any instrument(s) necessary to quit claim grant to CML one (1) year temporary construction easement rights in, on, under, through, and burdening the 1.002 acre, more or less, tract of the Park's real property, which is described and depicted in the attachments, Exhibit-C and Exhibit-D, and are fully incorporated into this ordinance for reference, in order for CML to redevelop the Main Library and construct the utilities described in Section 1 of this ordinance.
SECTION 3. The Director of Columbus Recreation and Parks Department is authorized to execute and acknowledge any instrument(s) necessary to enter into an agreement with CML for shared maintenance responsibilities between the City and CML regarding certain adjoining portions of the Park and Main Library.
SECTION 4. The City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of CRPD executing and acknowledging any of those instrument(s).
SECTION 5. For the reasons stated in the preamble of this ordinance, which are made a part of this ordinance, this ordinance is declared an emergency measure and shall take effect and be in force from and after this ordinance's passage and approval by the Mayor, or ten (10) days after this ordinance's passage if the Mayor neither approves nor vetoes this ordinance.