Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights, located in the vicinity of South Central Avenue, and West Broad Street, by virtue of recorded deeds of easement. The Columbus Metropolitan Housing Authority has requested the City release certain sanitary and storm sewer easements through the aforementioned real property, more fully described in the body of this legislation, in exchange for a previously granted replacement easements. After investigation, it has been determined that the proposed exchange of easements 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 certain sanitary and storm sewer easements, and portions thereof, in exchange for a previously granted replacement easements.
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 certain sanitary and storm sewer easements and portions thereof, located in the vicinity of South Central Avenue, and West Broad Street, at the request of Columbus Metropolitan Housing Authority, in exchange for a replacement easements previously granted to the City of Columbus, Ohio and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio is the holder of certain sanitary and storm sewer easement rights, located in the vicinity of South Central Avenue, and West Broad Street, by virtue of recorded deeds of easement; and
WHEREAS, The Columbus Metropolitan Housing Authority has requested the City release certain sanitary and storm sewer easements through the aforementioned real property, more fully described in the body of this legislation, in exchange for a previously granted replacement easements; and
WHEREAS, after investigation, it has been determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted at no charge; 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 certain sanitary and storm sewer easement rights at the request of the Columbus Metropolitan Housing Authority, 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 release sewer easement rights in the following describe real property:
Easement No. 4
Beginning, for reference, at a point at the southeasterly corner of a certain 16.586 acre tract shown of record in Deed Book 2700, page 642, said point being in the westerly line of Central Avenue, 60 ft. in width; thence N. 10° 45' W. a distance of 350.5 ft. to a point, said point being the point of true beginning of the hereinafter described; thence S. 79° 15' W. along the southerly line of an easement, a distance of 449.0 ft. to a point; thence N. 10° 45' W. a distance of 10 ft. to a point; thence N. 79° 15' E. a distance of 75 ft. to a point; thence N. 10° 45 W. a distance of 5 ft. to a point; thence N. 79° 15' E. a distance of 374 ft. to a point in the easterly line of said 16.586 acre tract and in the westerly line of Central Avenue; thence S. 10° 45' E. a distance of 15 ft. to the point of true beginning.
Easement No. 5
Being an easement 10 ft. in width, the centerline of which is more particularly described as follows:
Beginning, for reference, at a point at the southeasterly corner of a certain 16.586 acre tract shown of record in Deed Book 2700, page 642, records of the Recorder's Office, Franklin, Ohio, said point also being in the westerly line of Central Avenue, 60 ft. in width; thence N. 10° 45' W. along the easterly line of said 16.586 acre tract and along the westerly line of said Central Avenue, a distance of 360.5 ft. to a point; thence S. 79° 15' W. a distance of 12.0 ft. to a point, said point being the point of true beginning of the hereinafter described; thence from said point of true beginning, N. 57° 28' 22" W. a distance of 94.09 ft. to a point; thence N. 79° 51' 37" W. a distance of 180.89 ft. to a point; thence S 79° 15' W. a distance of 195 ft. to a point of terminus of the herein described centerline of an easement 10 ft. in width and lying 5 ft. either side of the above described centerline.
Easement No. 6
Being an easement 10 ft. in width, the centerline of which is more particularly described as follows:
Beginning at a point at the southeasterly corner of a certain 16.586 acre tract shown of record in Deed Book 2700, page 642, said point also being in the westerly line of Central Avenue, 60 ft. in width; thence N. 10° 45' W along the easterly line of said 16.586 acre tract, and the westerly line of Central Avenue, a distance of 355.5 ft. to a point; thence S. 79° 15' W. a distance of 3.0 ft. to a point, said point being the point of true beginning of the hereinafter described; thence N. 55° 45' W. a distance of 196.58 ft. to a point; thence S. 79° 15' N. a distance of 320 ft. to the point of terminus of the hereinafter described centerline of a easement 10 ft. in width and extending 5 ft. either side of the above described centerline.
Easement No. 7
Being an easement 10 ft. in width, the centerline of which is more particularly described as follows:
Beginning, for reference, at a point at the northeasterly corner of a certain 16.586 acre tract shown of record in Deed Book 2700, page 642, said point being in the westerly line of Central Avenue, 60 ft. in width; thence S. 10° 45' E. a distance of 50.0 ft. to a point, said point being the point of true beginning of the hereinafter described; thence S. 79° 15' W. a distance 510 ft. to a point; thence S. 19° 51' 40" W. a distance of 139.43 ft. to a point; thence S. 10° 45' E. a distance of 197 ft. to the point of terminus of the herein described centerline of an easement 10 ft. in width, and extending 5 ft. either side of the above described centerline.
Easement No. 8
Being an easement 10 ft. in width, the centerline of which is more particularly described as follows:
Beginning, for reference, at a point at the northeasterly corner of a certain 16.586 acre tract shown of record in Deed Book 2700, page 642, said point being in the westerly line of Central Avenue, 60 ft. in width; thence S. 10° 45' E. a distance of 50.0 ft. to a point; thence S 79° 15' W a distance of 219 ft. to a point, said point being the point of true beginning of the hereinafter described; thence S. 3° 42' 34" W. a distance of 174.20 ft. to the point of terminus of the herein described centerline of an easement 10 ft. in width and extending 5 ft. either side of the above described centerline.
Easement No. 9
Being an easement 10 ft. in width, the centerline of which is more particularly described as follows:
Beginning, for reference, at a point at the northeasterly corner of a certain 16.586 acre tract shown of record in Deed Book 2700, page 642, said point also being in the westerly line of Central Avenue, 60 ft. in width; thence S. 10° 45' E. a distance of 50.0 ft. to a point; thence S. 79° 15' W. a distance of 40.0 ft. to a point, said point being the point of true beginning of the hereinafter described; thence S. 10° 45' E. a distance of 120 ft. to the point of terminus of the herein described centerline of an easement 10 ft. in width and extending 5 ft. either side of the above described centerline.
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.