Explanation
Background: The City of Columbus, Ohio is the holder of a certain sewer easement by virtue of a recorded deed of easement. The subject storm sewer easement lies, in part, in the City of Columbus and, in part in the Village of Marble Cliff, Ohio. The Department of Public Utilities has determined that the storm sewer does not service the City of Columbus in any way and it should be assigned to the Village of Marble Cliff along with all its responsibilities. The Village of Marble Cliff desires the rights to the easement. The Department of Public Utilities has further determined that the assignment of the easement 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 documents to assign the aforementioned sewer easement to the Village of Marble Cliff, Ohio.Fiscal Impact: N/AEmergency Justification: Emergency action is requested to allow the City to turn over all its responsibilities and liabilities for this easement to the Village of Marble Cliff, Ohio without delay.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to assign a certain storm sewer easement to the Village of Marble Cliff, Ohio and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of certain sewer easement rights by virtue of recorded instrument in the Franklin County Recorders Office; and
WHEREAS, the subject storm sewer easement lies, in part, in the City of Columbus and, in part in the Village of Marble Cliff, Ohio; and
WHEREAS, the Village of Marble Cliff desires the rights to the easement, and
WHEREAS, the Department of Public Utilities has determined that the storm sewer does not service the City of Columbus in any way and the easement should be assigned to the Village of Marble Cliff along with all its responsibilities, and
WHEREAS, the Division of Sewerage & Drainage, has further determined that the assignment of the easement will not adversely affect the City and therefore should be granted.
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 assign the above referenced easement to The Village of Marble Cliff, Ohio for the immediate preservation of 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 assign to The Village of Marble Cliff, Ohio all rights, title, interest, and estate held by the City in and to the following described real property:
Situated in the State of Ohio, County of Franklin, in part, in the City of Columbus and, in part in the Village of Marble Cliff, being in Sections 2 and 11, Range 23, Congress Lands and being a 0.244 acre area of land, more or less, said 0.244 acre area being in that 2.315 acre tract of land designated as Parcel One and described in Exhibit "A" in the deed to Ralph E. Setterlin and Jane C. Setterlin, of record in Instrument No. 199903040054584, Recorder's Office, Franklin County, Ohio, said 0.244 acre area of land being more particularly described as follows:
Beginning for reference at a point in the original centerline of Dublin Road (U.S. Route 33) at the southwesterly corner of said 2.315 acre tract; thence N 12º 14' 17" W, with the original centerline of said Dublin Road and with the westerly line of said 2.315 acre tract, a distance of 140.72 feet to an angle point in the original centerline of said Dublin Road, the same being an angle point in the westerly boundary of said 2.315 acre tract and in the Corporation Line between the City of Columbus and the Village of Marble Cliff; thence N 37º 29' 25" W, with the original centerline of Dublin Road and with the southwesterly line of said 2.315 acre tract, a distance of 66.92 feet to the True Point Of Beginning;
Thence, from said true point of beginning, N 37º 29' 25" W, with the original centerline of said Dublin Road and with the southwesterly line of said 2.315 acre tract, a distance of 35.53 feet to the northwesterly corner of said 2.315 acre tract;
Thence S 86º 05' 21" E, with the northerly line of said 2.315 acre tract, a distance of 14.48 feet to a point;
Thence S 60º 04' 39" E, crossing the Corporation Line between the Village of Marble Cliff and the City of Columbus at a distance of 132.35 feet, a total distance of 168.98 feet to a point;
Thence N 77º 56' 01" E, a distance of 188.96 feet to a point;
Thence S 11º 56' 03" E, a distance of 143.01 feet to a point;
Thence N 84º 23' 47" E, a distance of 119.41 feet to a point;
Thence N 88º 40' 57" E, a distance of 68.42 feet to a point in the southerly line of said 2.315 acre tract;
Thence S 84º 22' 21" W, with the southerly line of said 2.315 acre tract, a distance of 207.18 feet to a point, said point being located N 84º 22' 21" E, from, as measured along the southerly line of said 2.315 acre tract, said Reference Point Of Beginning;
Thence, from said point, N 11º 56' 03" W, a distance of 125.98 feet to a point;
Thence S 77º 56' 01" W, a distance of 176.58 feet to a point;
Thence N 60º 04' 39" W, crossing the Corporation Line between the City of Columbus and the Village of Marble Cliff at a distance of 66.52 feet, a total distance of 156.86 feet to the True Point Of Beginning, and being 0.244 acre area of land (10,537.70 sq. ft.), more or less, of which 0.189 acre is in the City of Columbus and 0.055 acre is in the Village of Marble Cliff.
The bearings given in the foregoing description of S 84º 22' 21" W as given in said deed for the southerly line of said 2.315 acre tract.
Bauer, Davidson & Merchant, Inc., Jimmie L. Davis, P.S. #6942, 1/5/01.
Prior Instrument Reference: Instrument Number 200205070114577.
Section 3. 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.