Explanation
1. Background
In 2022, pursuant to Ordinance 2194-2022 the City of Columbus transferred a portion of Outerbelt Street within a Quitclaim Deed per instrument number 202211220160078 in Franklin County and subject to a general utility easement. The Department of Public Service recently received a request from the property owner, AH Columbus, LLC, a California limited liability company, asking that the City release this easement over the property they own within this area to clear title to secure related bank loans. After receiving this request, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for this easement, located within the requested area, and that they have no objections to this portion of easement being released.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release the portion of easement as described below and within the attached exhibit, to allow for the property to clear title to secure related bank loans.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the request to release the easement.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release a portion of the Outerbelt Street easement to allow for the property to clear title to secure related bank loans. ($500.00)
Body
WHEREAS, in 2022, pursuant to Ordinance 2194-2022 the City of Columbus transferred a portion of Outerbelt Street within a Quitclaim Deed per instrument number 202211220160078 in Franklin County and subject to a general utility easement; and
WHEREAS, the Department of Public Service recently received a request from the property owner, AH Columbus, LLC, a California limited liability company, asking that the City release this easement over the property they own within this area to clear title to secure related bank loans; and
WHEREAS, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for this easement, located within the requested area, and that they have no objections to this portion of easement being released; and
WHEREAS, to authorize the Director of the Department of Public Service to execute those documents necessary to release the portion of easement as described below and within the attached exhibit, to allow for the property to clear title to secure related bank loans; and
WHEREAS, a value of $500.00 for the encroachment easements was established;
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute those documents necessary for the City to release easements and clear titles from the property owner, AH Columbus, LLC; and
NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. To authorize the Director of the Department of Public Service to execute those documents necessary for the City to release the portion of easement as described below and within the attached exhibit, to allow for the property to clear title to secure related bank loans:
A 1.964 Acre Easement Areas to be released:
Situated in the City of Columbus, County of Franklin, State of Ohio; also being a portion of Outerbelt Street (60’ right-of-way) and Tishman Avenue (60’ right-of-way) as dedicated in Outerbelt East Commerce Park as recorded in Plat Book 46 Page 4; being more particularly described as follows:Commencing at the southeasterly corner of a 1’ Reserve as delineated in said Outerbelt East Commerce Park and conveyed to Franklin County Commissioners in Instrument No. 200804290065135, also being the northeasterly corner of Lot 7 of said Outerbelt East Commerce Park, also being the northwesterly corner of Lot 3 of Columbus Industrial Park as recorded in Plat Book 46 Page 79, said point being along the southerly right-of-way line of Tishman Avenue, said point witnessed by a 1” iron pipe found that bears North 16° 09’ 18” West a distance of 0.42’ and a 1” iron pipe found that bears South 89° 03’ 24” West a distance of 0.90’; thence, Along the southerly right-of-way line of Tishman Avenue and the southerly line of said 1’ Reserve, also being along a portion of a northerly line of said Lot 7, North 86° 22' 29” West for a distance of to an iron pin set, said point being the TRUE POINT OF BEGINNING, and from said beginning point running thence, Along the southerly right-of-way line of Tishman Avenue, also being along a portion of a northerly line of said Lot 7, North 86° 22' 29” West for a distance of 137.56' to an iron pin set at a point of curvature; thence, Along the southerly right-of-way line of Tishman Avenue, also being along a northerly line of said Lot 7, following a curve to the left having an arc length of 153.73', a radius of 370.00', a central angle of 23° 48' 20", and a chord that bears South 81° 43' 21” West for a distance of 152.63' to an iron pin set at a point of tangency; thence, Along the southerly right-of-way line of Tishman Avenue, also being along a northerly line of said Lot 7, South 69° 49' 11” West for a distance of 187.72' to an iron pin set at a point of curvature; thence, Along a transitional line between the southerly right-of-way line of Tishman Avenue and the easterly right-of-way line of Outerbelt Street, also being along a northwesterly line of said Lot 7, following a curve to the left having an arc length of 318.16', a radius of 270.00', a central angle of 067° 30' 54", and a chord that bears South 36° 03' 44” West for a distance of 300.07' to an iron pin set at a point of tangency; thence, Along the easterly right-of-way line of Outerbelt Street, also being along a portion of the westerly line of said Lot 7, South 02° 18' 17” West for a distance of 580.37' to an iron pin set; thence, Along a line through the right-of-way of Outerbelt Street, North 87° 41' 33” West for a distance of 60.00' to an iron pin set, said point being on the westerly right-of-way line of Outerbelt Street, said point also being the northeasterly corner of a 0.459 acre tract as conveyed to Olymbec Columbus LP as described in Instrument No. 201603090028523 Parcel No. 2 and the southeasterly corner of lands conveyed to Kanwal N. Singh and Lynn W. Singh as described in Instrument No. 200408120188174 Parcel 2, said point also being along an easterly line of Lot 9 of said Outerbelt East Commerce Park; thence, Along the westerly right-of-way line of Outerbelt Street and along a portion of an easterly line of said Lot 9, North 02° 18' 17” East for a distance of 580.36' to an iron pin set at a point of curvature; thence, Along a transitional line between the westerly right-of-way line of Outerbelt Street and the northerly right-of-way line of Tishman Avenue, also being along an easterly line of said Lot 9 and then along an easterly line of Lot 8 of said Outerbelt East Commerce Park, following a curve to the right having an arc length of 388.86', a radius of 330.00', a central angle of 067° 30' 53", and a chord that bears North 36° 03' 44” East for a distance of 366.75' to an iron pin set at a point of tangency; thence, Along the northerly right-of-way line of Tishman Avenue and a southerly line of said Lot 8, North 69° 49' 11” East for a distance of 187.72' to an iron pin set at a point of curvature; thence, Along the northerly right-of-way line of Tishman Avenue and a southerly line of said Lot 8, following a curve to the right having an arc length of 178.66', a radius of 430.00', a central angle of 023° 48' 20", and a chord that bears North 81° 43' 21” East for a distance of 177.38' to an iron pin set at a point of tangency; thence, Along the northerly right-of-way line of Tishman Avenue and a portion of a southerly line of said Lot 8, South 86° 22' 29” East for a distance of 137.84' to an iron pin set; thence, Along a line through Tishman Avenue, South 03° 53' 35” West for a distance of 60.00' to the point of beginning, containing 1.964 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on a survey performed by The Kleingers Group in October and November, 2021. Basis of bearings for the herein-described courses is the State Plane Coordinate System, Ohio South Zone (NAD83-2011), with a portion of the centerline of Outerlbelt Street being North 02° 18’ 17” East, based on a GPS survey utilizing CORS Station “COLB”.
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s) and that this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That the City will receive a total of $500.00 as cost to clear title to the site, to be deposited in Fund 7748, Project P537650.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.