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 of a sanitary lift station which will provide waste water treatment services to both sides of the Scioto River in the Concord Township area. The Delaware County Board of Commissioners has requested that the City of Columbus grant an access easement in order that a driveway may be built to allow the County access to the lift station. After investigation by the Department of Public Utilities, it has been determined that the easement will not adversely affect the City and should be granted in the spirit of inter-governmental cooperation for the sum of Fifteen Thousand Dollars ($15,000.00). The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to grant the easement as requested by the County of Delaware.
Fiscal Impact: The funds will be deposited in the Special Purpose Fund 223, Sub Fund 025 Reservoir Encroachment Fund.
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 and to allow construction of timely construction of the lift station.
Title
To authorize the Director of the Department of Public Utilities to execute an access deed of easement across City owned real property for installation of a driveway necessary to allow Delaware County Board of Commissioners access to its lift station project along the Scioto River, 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, the Delaware County Board of Commissioners has requested that the City of Columbus grant an access easement in order for a driveway to be built by Delaware County to allow access to its lift station; and
WHEREAS, after investigation by the Department of Public Utilities, it has been determined that the easement will not adversely affect the City and should be granted in the spirit of inter-governmental cooperation for the amount of Fifteen Thousand Dollars ($15,000.00); and
WHEREAS, the following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to grant an access easement as requested by the Delaware County Board of Commissioners; 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 an access easement to the Delaware County Board of Commissioners 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 Quitclaim 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 an access easement in and to the following described real property:
0.375 acres
ACCESS EASEMENT
(West of State Route 257, South of Butts Road)
Situate in the State of Ohio, County of Delaware, Township of Concord, lying in Farm Lot 1, Quarter Township 2, Township 3, Range 20, United States Military District, being a strip of land on, over and across the 25.5 acre tract conveyed to the City of Columbus by deed of record in Deed Book 160, Page 101, (all records of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows;
Begin for reference at the intersection of Butts Road (60 feet in width) and State Route 257 (width varies);
Thence North 86°59'57" West, a distance of 25.00 feet, across the said 25.50 acre tract to a point on the westerly right-of-way line of said State Route 257;
Thence South 03°00'03" West, a distance of 76.84 feet, along the said westerly right-of-way line of State Route 257 to a point, being the Point of True beginning for the herein described Access Easement;
Thence the following two (2) courses and distances over and across the said 25.50 acre tract continuing along the westerly right-of-way line of said State Route 257:
1. South 03°00'03" West, a distance of 35.30 feet, to an angle point;
2. South 03°33'14" East, a distance of 125.94 feet, to a point;
Thence the following three (3) courses and distances on, over and across the said 25.5 acre tract:
1. North 76°21'17" West, a distance of 112.75 feet, to a point;
2. North 01°57'26" East, a distance of 158.28 feet, to a point;
3. South 76°21'17" East, a distance of 101.06 feet, to the Point of True Beginning, containing, 0.375 acres, more or less.
The bearings shown hereon are based on the bearing South 03°00'03" West or the westerly right-of-way line of State Route 257. STANTEC CONSULTING SERVICES, INC. Robert J. Sands Professional Surveyor No. S-8053
Section 2. That the consideration for the easment shall be Fifteen Thousand Dollars ($15,000.00), which shall be deposited into Special Fund 223, sub fund 025 Reservoir Encroachment Fund.
Section 3. That for the reasons stated 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.