Explanation
Background: The City of Columbus, Ohio holds title to an easement, located in the vicinity of Crossing Hill Way and McCutcheon Crossing Drive, by virtue of a recorded deed of easement. Dominion Homes, Inc., has requested that the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus. The Division of Sewerage and Drainage has determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release the aforementioned sewer easement in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate release of the subject easement in exchange for an easement already receive by the City as not to delay the development of the property.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain utility easement, located in the vicinity of Crossing Hill Way and McCutcheon Crossing Drive, at the request of Dominion Homes, Inc., in exchange for a replacement easement previously granted to the City of Columbus, Ohio and to declare an emergency.
Body
WHEREAS, The City of Columbus, Ohio holds title to an easement, located in the vicinity of Crossing Hill Way and McCutcheon Crossing Drive, by virtue of a recorded deed of easement; and,
WHEREAS, Dominion Homes, Inc., has requested that the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus; and,
WHEREAS, the Division of Sewerage and Drainage has determined that the release of said easement will not adversely affect the City of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain utility easement at the request of Dominion Homes, Inc., so as not to delay the development of the property, thereby preserving the public health, peace, property, safety and welfare; 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 those documents, prepared by the Department of Law, Real Estate Division, necessary to release unto Dominion Homes, Inc., an Ohio Corporation, all easement rights in the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military Lands, being a 2 foot strip of land across Lot 265 of "McCutcheon Crossing Section 5" as recorded in Plat Book 103, Page 2, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for reference at a common corner of said Lot 265 and Lot 264 of said "McCutcheon Crossing Section 5", in the southerly right-of-way line of Crossing Hill Way;
Thence S 86º 34' 43" E, a distance of 5.00 feet, along the line common to said Lot 265 and said Crossing Hill Way, to the True Point Of Beginning;
Thence S 86º 34' 43" E, a distance of 2.00 feet, continuing along said common line, to a point;
Thence over said Lot 265, the following courses:
1. S 03º 25' 17" W, a distance of 74.84 feet to a point;
2. N 86º 33' 50" W, a distance of 2.00 feet to a point;
3. N 03º 25' 17" E, a distance of 74.84 feet, to the True Point Of Beginning, containing 0.003 acre of land, more or less.
EMH&T, Inc., Anthony W. Williams, P.S. No. 7726, 2/13/05.
Prior Instrument Reference: P.B. Vol. 103, Pg. 2,
Recorder's Office, Franklin County, Ohio.
Section 2. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.