Explanation
Background: The City of Columbus, Ohio is the holder of certain water line easement rights, located in the vicinity of North High Street and Highbluffs Boulevard, by virtue of recorded deeds of easement. It has been determined, by the Department of Public Utilities, Division of Water that certain portions of the subject easement may be released in exchange for a replacement easement already granted to the City. The exchange will not adversely affect the City and therefore should be granted at no charge. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release a certain portion of the aforementioned water easement in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: The City has already been granted replacement easements, and therefore emergency action is requested to allow the immediate release of the City's interest in the encumbered subject property as agreed upon.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release a certain portion of an existing water easement, located in the vicinity of North High Street and Highbluffs Boulevard 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, Department of Public Utilities, is the owner of a certain water easement, located in the vicinity of North High Street and Highbluffs Boulevard, by virtue of recorded instrument in the Franklin County Recorders Office; and
WHEREAS, Triangle Investments, has requested that certain portions of the aforementioned sewer easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
WHEREAS, after investigation, the Division of Water, has determined that the release of certain portions of the subject water line easement, more fully described within the body of this legislation, will not adversely affect the City and therefore should be granted at no charge in exchange for a previously granted replacement easement; and
WHEREAS, an emergency exists in the usual daily operation of The Department of Public Utilities, Division of Water, that it is immediately necessary to authorize the Director of Public Utilities to execute those documents necessary to release the subject easement in exchange for certain replacement easements previously granted to the City of Columbus for the 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 those documents, as prepared by the Department of Law, Real Estate Division, necessary to release certain portions of a water line easement as described:
Easement Release
1.244 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Farm Lots, 48, 49, 50, Section 2, Township 2, Range 18, United States Military Lands and being across that 19.658 acre tract conveyed to Traditions at Highbluffs, LLC by deed of record in Instrument Number 2005170049255, being a waterline easement conveyed to City of Columbus, Ohio of record in Official Record 937J10 (all references refer to the records of Recorder's Office, Franklin County, Ohio) being more particularly bounded and described as follows:
Beginning for Reference, at the westerly terminus of the southerly right of way line of Lazelle Road West;
Thence North 06º21'11" West, with said westerly a distance of 22.89 feet, to a point;
Thence South 71º16'12" West, a distance of 26.69 feet, to a point on a curve of said waterline easement, the TRUE of BEGINNING;
Thence across said 19.658 acre tract, with perimeter of said waterline easement, the following courses and distances:
With the arc of said curve to the left, having a central angle of 00º29'07", a radius of 600.00 feet, an arc length of 5.08 feet, and a chord bearing South 72º 33'16" West, a chord distance of 5.08 feet, to a point;
South 29º28'45" West, a distance of 865.97 feet, to point on a curve;
With the arc of said curve to the left, having a central angle of 24º16'53", a radius of 564.00 feet, an arc length of 239.02 feet, and a chord bearing South 72º27'55" East, a chord distance of 237.23 feet, to a point of reverse curvature;
With the arc of said curve right, having a central angle of 32º31'30", a radius of 486.00 feet, an arc length of 275.88 feet, and a chord bearing South 13º 20'37" West, a chord distance of 252.04 feet, to a point;
North 87º04'52" West, a distance of 36.00 feet to a point on a curve;
With the arc of said curve to the left, having a central angle of 32º31'30", a radius of 450.00 feet, an arc length of 255.45 feet, and a chord bearing North 13º20'37" West, a chord distance of 252.04 feet to a point of reserve curvature;
With the arc of said curve to the right, having a central angle of 26º04'06", a radius of 600.00 feet, an arc length of 27.62 feet and a chord bearing North 73º42'29" East, a chord distance of 27.62 feet to a point of tangency;
South 17º42'08" East, a distance of 33.00, to the TRUE POINT OF BEGINNING, containing 1.244 acres land more or less.
Evans Mechwart, Hambleton & Tilton, Inc.
Heather L. King, Registered Surveyor No. 8307
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.