Explanation
Background: On January 6, 2004, for One Dollar and other and valuable consideration given to the City by Abigail E. Sheard (married), she was granted a quitclaim deed of easement 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. The legal descriptions used for the easement was based on a survey provided to the City by the grantee. It has now come to the City's attention that the aforementioned sewer line is actually to be used as a sanitary sub-trunk sewer extension, which will service more than one residence and will be maintained by the City of Worthington. Therefore, it is now necessary that the City grant a new easement to the City of Worthington. After investigation it has been determined by the Department of Recreation and Parks that the conveyance of the new easement will not adversely affect the City. The Real Estate Division, Department of Law has determined that the easement should be granted in exchange for the previously given consideration. 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 the subject easement, more fully described in the body of this legislation.
Fiscal Impact: N/A:
Emergency Justification: In the spirit of inter-governmental cooperation, emergency action is requested as not to unduly delay the City of Worthington in construction and installation of the subject sanitary sewer line.
Title
To authorize the Director of the Department of Recreation and Parks to execute and grant a quitclaim deed of easement to the City of Worthington, Ohio, 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, On January 6, 2004, for One Dollar and other and valuable consideration given to the City by Abigail E. Sheard (married), she was granted a quitclaim deed of easement 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
WHEREAS, the legal descriptions used for the easement was based on a survey provided to the City by the grantee; and
WHEREAS, it has now come to the City's attention that the aforementioned sewer line is actually to be used as a sanitary sub-trunk sewer extension, which will service more than one residence and will be maintained by the City of Worthington, Ohio; and
WHEREAS, therefore, it is now necessary that the City grant a new easement to the City of Worthington; and
WHEREAS, after investigation it has been determined by the Department of Recreation and Parks that the conveyance of the new easement will not adversely affect the City and should be granted; and
WHEREAS, the Real Estate Division, Department of Law has determined that the easement should be granted in exchange for considerations previously given to the City by the Sheards; 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 in the spirit of inter-governmental cooperation, as not to unduly delay the City of Worthington in construction and installation of the sanitary sewer line and 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 the City of Worthington, Ohio, certain utility line easement through the following described real property, to-wit:
PERPETUAL SEWER UTILITY EASEMENT
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 0.009 acre (404 square feet) in 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, said 0.009 acre area of land being more particularly described as follows:
Beginning, for reference, at the centerline of intersection of Olentangy River Road and Olen Drive (a fifty foot wide Ingress and Egress Easement), the same being the northwesterly corner of said 47.33 acre tract, said reference point of beginning also being the southwesterly corner of 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; thence S 86º 40' 55" E, with the centerline of said Olen Drive, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 688.00 feet to a point at a northeasterly corner of said 47.33 acre tract, the same being a corner of said 5.280 acre tract; thence with the common boundary of said 47.33 acre tract and said 5.280 acre tract, the following two (2) courses and distances: 1.) S 3º 19' 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 Point Of Beginning;
Thence, from said true point of beginning, S 86º 40' 55" E, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 15.51 feet to a point;
Thence S 11º 28' 27" E, a distance of 24.97 feet to a point;
Thence S 78º 31' 33" W, a distance of 15.00 feet to a point;
Thence N 11º 28' 27" W, a distance of 28.93 feet to the True Point Of Beginning and containing a 0.009 acre (404 square feet) area of land, more or less.
TEMPORARY CONSTRUCTION EASEMENT
The right to use, only during the period of construction of the sanitary sewer herein provided for, an additional 0.028 acre area of land, more or less, in said 47.33 acre tract;
Beginning at the true point of beginning of the herein above described 0.009 acre Permanent Easement;
Thence S 11º 28' 27" E, with the westerly line of said 0.009 acre Permanent Easement, a distance of 28.93 feet to the southwesterly corner of said 0.009 acre Permanent Easement;
Thence N 78º 31' 33" E, with the southerly line of said 0.009 acre Permanent Easement, a distance of 15.00 feet to the southeasterly corner of said 0.009 acre Permanent Easement;
Thence S 11º 28' 27" E, with the southerly extension of the easterly line of said 0.009 acre Permanent Easement, a distance of 10.00 feet to a point;
Thence S 78º 31' 33" W, a distance of 40.00 feet to a point;
Thence N11º 28' 27"W, parallel with and 25.00 feet westerly from, as measured at right angles, the westerly line of said 0.009 acre Permanent Easement, a distance of 45.53 feet to a point in the northerly line of said 47.33 acre tract;
Thence S 86º 40' 55"E, with the northerly line of said 47.33 acre tract, a distance of 25.86 feet to the true point of beginning and containing a 0.028 acre (1206 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., Robert B. Stover, P.S. No. 7244, 1/15/03 and Revised 2/12/03, 01262905.
Section 2. 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 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 its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.