Explanation
Background: Abigail E. Sheard (married) desires to install and maintain one (1) residential six (6") inch sanitary sewer line therein (the improvement) through a certain portion of that City owned real property known as Antrim Park and has therefore requested the City grant her a quitclaim deed of easement for said real property. After investigation it has been determined by the Department of Recreation and Parks that the granting of the easement will not adversely affect the City and should be granted. The Real Estate Division, Department of Law has established $1,3250.00 as the value of the easement. The following ordinance authorizes the Director of the Department of Recreation and Parks to execute a quitclaim deed and any ancillary documents necessary for the granting of aforementioned quitclaim deed of easement. Fiscal Impact: The $1,325.00 to be received by the City of Columbus, Department of Recreation and Parks as consideration for said easement will be deposited into the appropriate fund, identified in the following legislation. Emergency Justification: Emergency action is requested as not to delay the installation of the sanitary sewer.
Title
To authorize the Director of the Department of Recreation and Parks to execute and grant a quitclaim deed of easement to Abigail E. Sheard through a certain portion of that City owned property known as Antrim Park, 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 owner of that real property known as the Antrim Park; and
WHEREAS, Abigail E. Sheard, has requested an easement through a certain portion of said real property in order to install and maintain one (1) residential six (6") inch sanitary sewer line; and
WHEREAS, the Department of Recreation and Parks has no objection to the granting of said quitclaim deed of easement, as it has been determined that its granting will not adversely affect the City; and
WHEREAS, the Real Estate Division, Department of Law has established $1,325.00 as the value of such easement right; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Recreation and Parks to execute a quitclaim deed of easement and any ancillary documents required to grant said quitclaim deed of easement for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Department of Recreation and Parks be and hereby is authorized to execute a quitclaim deed of easement prepared by the Real Estate Division, Department of Law, and any ancillary documents necessary to grant Abigail E. Sheard (married) a certain utility easement through the following described real property, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township 3, Township 1, Range 18, United States Military Lands and being a strip of land fifteen feet in width, containing a 0.021 acre (900 square feet) in that 5.280 acre tract of land described in Exhibit "A" in the deed to James J. Baker and Hazel M. Baker of record in Instrument No. 200103160053538, Recorder's Office, Franklin County, Ohio, said 0.021 acre area of land being more particularly described as follows:
Beginning for reference at the centerline intersection of Olentangy River Road and Olen Drive (a fifty foot wide Ingress and Egress Easement), the same being the southwesterly corner of said 5.280 acre tract, said reference point of beginning also being the northwesterly corner of that 47.33 acre tract of land described in Journal Entry No. 237810 of the Franklin County Court of Common Pleas and conveyed to the City of Columbus, Ohio, of record in Deed Book 3093, Page 309, Recorder's Office, Franklin County, Ohio, thence S 86º 40' 55" E, with the centerline of said Olen Drive, with the southerly line of said 5.280 acre tract and with the northerly line of said 47.33 acre tract, a distance of 688.00 feet to a point at a corner of said 5.280 acre tract, the same being a northeasterly corner of said 47.33 acre tract; thence, with the common boundary of said 5.280 acre tract and said 47.33 acre tract, the following two (2) courses and distances: 1.) S 3º19' 05" W, a distance of 33.00 feet to a point; 2.) S 86º 40' 55" E, a distance of 159.88 feet to the True Place Of Beginning;
Thence, from said True Place Of Beginning, N 11º 28' 27" W, crossing a part of said 5.280 acre tract, a distance of 59.99 feet to a point in the northerly line of said 5.280 acre tract, the same being in the southerly line of that 0.660 acre tract of land described in Exhibit "A" in the deed to Abigail Ellen Sheard, of record in Instrument No. 200011140231178, Recorder's Office, Franklin County, Ohio;
Thence S 86º 40' 55" E, with a northerly line of said 5.280 acre tract and with the southerly line of said 0.660 acre tract, a distance of 15.51 feet to a point;
Thence S 11º 28' 27" E, crossing a part of said 5.280 acre tract, a distance of 59.99 feet to a point in the southerly line of said 5.280 acre tract, the same being in the northerly line of said 47.33 acre tract;
Thence N 86º 40' 55" W, with the southerly line of said 5.280 acre tract and with the northerly line of said 47.33 acre tract, a distance of 15.51 feet to the True Point Of Beginning, and containing a 0.021 acre (900 square feet) area of land, more or less.
The bearings given in the foregoing description are based upon the bearing of S 86º 40' 45" E as given for the centerline of Olen Drive in the deed to Abigail Ellen Sheard, of record in Instrument No. 200011140231178, Recorder's Office, Franklin County, Ohio.
Bauer, Davidson & Merchant, Inc., Jimmie L. Davis, P.S. No. 6942.
Prior Instrument Reference: Instrument No. 200103160053538,
Recorder's Office, Franklin County, Ohio.
Section 2. That the One Thousand Three Hundred Twenty Five Dollars. ($1,325.00), to be received by the City as consideration for the easement rights to be granted shall deposited into the Recreation and Parks Special Purpose Fund #223; Dept./Div.51-01; Sub-Fund #025 for the aforesaid purpose is hereby authorized.
Section 3. 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 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
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 its passage if the Mayor neither approves nor vetoes the same.