Explanation
Background: The City of Columbus is the owner of certain real property located in the vicinity of Riverside Drive and Butts Road, Delaware County, Ohio (O'Shaughnessy Reservoir). The County of Delaware is engaged in the construction a of sanitary lift station which will provide waste water treatment services to both sides of the Scioto River in the Concord Township area. Delaware County has requested that the City of Columbus grant a sanitary sewer easement as well as a waterline easement which, are both necessary to the completion of County's project. It is proposed that a sanitary easement to be granted to the Delaware County Board of Commissioners and a water line easement be granted to the Del-Co Water Company, Inc. After investigation by the Department of Public Utilities, it has been determined that the easements will not adversely affect the City and should be granted. The Department of Law, Real Estate Division, has established a value of $11,056.00 for the water line easement and a separate value of $16,608.00 for the sanitary sewer easement. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to grant the easements as requested by the County of Delaware.
Fiscal Impact: The combined total of $17,664.00 to be received by the City, as consideration for the subject easements, shall be deposited in the appropriate City fund, as determined by the City Auditor.
Emergency Justification: This request has been thoroughly investigated and contemplated by the Department of Public Utilities and at this time emergency action is requested by the Division of Real Estate in the spirit of inter-governmental cooperation to allow this matter to proceed without delay.
Title
To authorize the Director of the Department of Public Utilities to execute two separate deeds of easement for installation of certain utility lines necessary to Delaware County's proposed waste water treatment plant project along the Scioto River, 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 and to declare an emergency.
Body
WHEREAS, the City of Columbus is the owner of certain real property located in the vicinity of Riverside Drive and Butts Road, Delaware County, Ohio (O'Shaughnessy Reservoir); and
WHEREAS, the County of Delaware is engaged in the construction of a sanitary lift station which will provide waste water treatment services to both sides of the Scioto River in the Concord Township area; and
WHEREAS, Delaware County has requested that the City of Columbus grant a sanitary sewer easement as well as a waterline easement which, are both necessary to the completion of County's project; and
WHEREAS, it is proposed that a sanitary easement be granted to the Delaware County Board of Commissioners and a water line easement be granted to the Del-Co Water Company, Inc; and
WHEREAS, after investigation by the Department of Public Utilities, it has been determined that the easements will not adversely affect the City and should be granted; and
WHEREAS, the Department of Law, Real Estate Division, has established a value of $11,056.00 for the water line easement and a separate value of $16,608.00 for the sanitary sewer easement; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to grant the easements as requested by the County of Delaware; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary in the spirit of inter-governmental cooperation to authorize the Director of Public Utilities to execute those instruments as approved by the Real Estate Division, Department of Law, necessary to grant a waterline easement to the Del-Co Water Company, Inc. and a sanitary sewer utility line to the Delaware County Board of Commissioners both necessary to Delaware County's sanitary lift station project for the immediate preservation of the public health, peace, property and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute a deed of easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant Delaware County Board of Commissioners a sewer utility easement in and to the following described real property:
Situated in the State of Ohio, County of Delaware, Township of Concord, lying in Farm Lots 1S and 2S, Survey Number 1441, Virginia Military District, and Farm Lot 1, Quarter Township 2, Township 3, Range 20, United States Military Lands, being a strip of land in the 14.0 acre tract conveyed to the City of Columbus by deed of record in Deed Book 160, Page 178, the 16.6 acre tract conveyed to the City of Columbus by deed of record in Deed Book 160, Page 177, and the 25.5 acre tract conveyed to the City of Columbus by deed of record in Deed Book 160, Page 101, (all references are to the records of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows:
Beginning for reference in the westerly line of said 14.0 acre tract, at the common corner of the 0.483 acre tract conveyed to Constance S. Augenstein, Trustee, by deed of record in O. R. Vol. 24, Pg. 765, and the 5.315 acre tract conveyed to Kathryn H. Yoakum by deed of record in D. B. 566, Pg. 637;
Thence S 05° 32' 18" W, a distance of 40.40 feet, with the westerly lines of said 16.6 and 14.0 acre tracts, and the easterly lines of said 6.837 and 0.483 acre tracts, to the True Point of Beginning;
Thence S 76° 21' 17" E, a distance of 1430.81 feet, across said City of Columbus tracts to a point in the easterly line of said 25.5 acre tract, being the westerly right-of-way line of Riverside Drive (50 feet wide);
Thence S 03° 00' 03" W, a distance of 91.58 feet, with said easterly line, and said westerly right-of-way line, to a point;
Thence across said City of Columbus tracts, the following courses and distances:
N 76° 21' 17" W, a distance of 150.00 feet, to a point;
N 03° 00' 03" E, a distance of 30.53 feet, to a point;
N 76° 21' 17" W, a distance of 1283.54 feet, to a point in the line common to said 14.0 are tract and the 6.837 acre tract conveyed to Constance S. Augenstein, Trustee, by deed of record in Official Record 24, Page 765;
Thence N 05° 32' 18" E, a distance of 60.61 feet, with the westerly line of said 14.0 acre tract, and the easterly lines of said 6.837 and 0.483 acre tracts, to the Point of Beginning, containing 2.076 acres of land, more or less.
EMH&T, Inc., James M. Pearsall, P.S. No. 7840, 7/3/07.
Delaware County Tax Parcel No. 32011003001000.
Prior Instrument Reference: D.B. Vol. 160, Pages 101, 177, 178,
Recorder's Office, Delaware County, Ohio.
Section 2. That the Director of the Department of Public Utilities be and hereby is authorized to execute a deed of easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant Del-Co Water company, Inc. a waterline easement in and to the following described real property:
Situated in the State of Ohio, County of Delaware, Township of Concord, lying in Farm Lots 1S and 2S, Survey Number 1441, Virginia Military District, and Farm Lot 1, Quarter Township 2, Township 3, Range 20, United States Military Lands, being a strip of land on, over, and across the 14.0 acre tract conveyed to City of Columbus by deed of record in Deed Book 160, Page 178, the 16.6 acre tract conveyed to City of Columbus by deed of record in Deed Book 160, Page 177, and the 25.5 acre tract conveyed to City of Columbus by deed of record in Deed Book 160, Page 101, (all references are to the records of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows:
Beginning in the westerly line of said 14.0 acre tract, at the common corner of the 0.483 acre tract conveyed to Constance S. Augenstein, Trustee, by deed of record in Official Record 24, Page 765, and the 5.315 acre tract conveyed to Kathryn H. Yoakum by deed of record in Deed Book 566, page 637;
Thence across said City of Columbus tracts, the following courses and distances:
S 76° 21' 17" E, a distance of 1278.99 feet, to a point;
N 03° 00' 03" E, a distance of 20.35 feet, to a point;
S 76° 21' 17" E, a distance of 150.00 feet, to a point in the easterly line of said 25.5 acre tract, being the westerly right-of-way line of Riverside Drive (50 feet wide);
Thence S 03° 00' 03" W, a distance of 61.05 feet, with said easterly line, and said westerly right-of-way line, to a point;
Thence N 76° 21' 17" W, a distance of 1430.81 feet, across said City of Columbus tracts to a point in the line common to said 14.0 acre tract and the 6.837 acre tract conveyed to Constance S. Augenstein, Trustee, by deed of record in Official Record 24, Page 765;
Thence N 05° 32' 18" E, a distance of 40.40 feet, with the westerly line of said 14.0 acre tract, and the easterly lines of said 6.837 and 0.483 acre tracts, to the Point Of Beginning, containing 1.382 acres of land, more or less.
EMH&T, Inc., James M. Pearsall, P.S. No. 7840, 7/3/07.
Delaware County Tax Parcel No. 32011003001000.
Prior Instrument Reference: D.B. Vol. 160, Pages 101, 177, 178,
Recorder's Office, Delaware County, Ohio.
Section 3. That the City Auditor is hereby authorized and directed to deposit the combined total of Seventeen Thousand Six Hundred Sixty Four Dollars ($17,664.00), to be received by the City as consideration for the granting of the subject easements, in the appropriate City fund.
Section 4. 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 5. That for the reasons state in the preamble hereto, which are 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 its passage if the Mayor neither approves nor vetoes the same.