Explanation
Background: The City of Columbus, Ohio is the holder of certain sanitary sewer easement rights, located in the vicinity of Cleveland Avenue and Eleventh Avenue, by virtue of a recorded deed of easement. The subject real property is more fully described within the body of this legislation. The Greater Linden Development Corporation, the owner, has requested the City release a certain portion of the aforementioned sewer easement in exchange for a previously granted replacement easement. After investigation, the Department of Public Utilities has determined that the release of the aforementioned 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 instruments necessary to release the subject sewer easement.Fiscal Impact: N/AEmergency Justification: N/A
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release a certain portion of a sanitary easement, located in the vicinity of Cleveland Avenue and Eleventh Avenue, at the request of the Greater Linden Development Corporation, in exchange for a replacement easement previously granted to the City of Columbus, Ohio.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of a certain sanitary sewer easement, located in the vicinity of Cleveland Avenue and Eleventh Avenue, by virtue of a recorded deed of easement in the Franklin County Recorders Office; and
WHEREAS, the Greater Linden Development Corporation, the subject real property owner, has requested that a certain portion of the aforementioned sewer easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
WHEREAS, the Department of Public Utilities, Division of Sewerage & Drainage, after investigation, has determined that the release of the subject easement rights will not adversely affect the operations of the City of Columbus; 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, approved by the Department of Law, Real Estate Division, necessary to release certain sanitary easement rights in and to the following described real property:
0.2577 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and being 0.2577 acres of an existing sanitary sewer easement in Deed Book 505, Page 498, (all references in this description are found of record in the Recorder's Office, Franklin County, Ohio) said 0.2577 acre tract of land being more particularly bounded and described as follows:
Beginning at an angle point in McClelland Avenue (40 feet) as shown in Plat Book 13, Page 19 at the northwest corner of tract of land deeded to the City of Columbus, Ohio in O.R. 27845 A15, said point also being the True Point of Beginning for the area herein to be described:
Thence North 86º54'59" West along the southerly line of said existing sanitary sewer easement a distance of 227.70 feet to the easterly right of way of Cleveland Avenue (55 feet);
Thence North 39º14'02" East along the easterly right of way of said Cleveland Avenue a distance of 61.92 feet to point on the northerly line of said existing sanitary sewer easement;
Thence South 86º54'56" East along the northerly line of said existing sanitary sewer easement a distance of 217.34 feet to a point on the westerly line of an existing alley (16 feet) as shown in said Plat Book;
Thence South 39º14'02" West along the westerly line of said alley a distance of 12.38 feet to an intersection of the westerly line of said alley with the northerly line of said McClelland Avenue;
Thence South 18º52'42" West across McClelland Avenue a distance of 41.57 feet to a point on the southerly line of said McClelland Avenue, the southerly line of said existing sanitary sewer easement;
Thence North 86º54'59" West along the northerly line of said McClelland Avenue, the southerly line of said existing sanitary sewer easement a distance of 7.55 feet to the TRUE PLACE OF BEGINNING containing 0.2577 acres of land more or less. The above description was prepared by Douglas R. Hock, Ohio P.S. No. 7661 on October 7, 2002.
The Basis of Bearing used in this description was based on the east line of Cleveland Avenue being North 39º14'02" East as shown on a survey by J&J Surveying Services dated October 1, 2001.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.