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File #: 0765-2014    Version: 1
Type: Ordinance Status: Passed
File created: 3/25/2014 In control: Public Service & Transportation Committee
On agenda: 4/21/2014 Final action: 4/23/2014
Title: To authorize the Director of the Department of Public Service to execute those documents necessary to release a portion of the general utility easement that was retained in 1961 pursuant to Ordinance 695-61. ($0.00)
Explanation
 
1.      BACKGROUND:
In 1961, pursuant to Ordinance 695-61, the City of Columbus vacated the alley north of Bonham Avenue from the west line of Daugherty Avenue to the west terminus of the alley. The City reserved a general utility easement for those utilities located within the alley at that time.  The subject parcel is now known as Bliss Properties at 481 East Eleventh Avenue.  
 
The Department of Public Service recently received a request from Bliss Properties, owner of the property for this project, asking that the City release a portion of the reserved general utility easement from this property to help clear title and allow for the building expansion.  After receipt of this request, the Division of Planning and Operations verified with all the public and private utility companies that there are no public utilities located within this reserved general utility easement and that they have no objections to the release of the portion of this easement.  
 
This legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release a portion of the general utility easement that was retained in 1961 pursuant to Ordinance 695-61.  A value of $500.00 was established for the release of this portion of the general utility easement.
 
2. Fiscal Impact
The City will receive $500.00, to be deposited in Fund 748, for granting this portion of easements to be released.
 
Title
 
To authorize the Director of the Department of Public Service to execute those documents necessary to release a portion of the general utility easement that was retained in 1961 pursuant to Ordinance 695-61. ($0.00)
 
Body
 
WHEREAS, in 1961, pursuant to Ordinance 695-61, the City of Columbus vacated an alley north of Bonham Avenue from the west line of Daugherty Avenue to the west terminus of the alley, reserving a general utility easement for those utilities located within the alley at that time; and
 
WHEREAS, the subject parcel is now known as Bliss Properties at 481 East Eleventh Avenue; and
 
WHEREAS, the Department of Public Service recently received a request from Bliss Properties, owner of the property for this project, asking that the City release a portion of the reserved general utility easement from this property so that they can provide help clear title and allow for the building expansion; and
 
WHEREAS, after receipt of this request, the Division of Planning and Operations verified with all public and private utility companies that there are no utilities located within this portion of reserved general utility easement and that they have no objections to the release of this portion of easement; now therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  That the Director of the Department of Public Service to execute those documents necessary to release a portion of the general utility easement prepared by the City Attorney's office necessary to release the general utility easement that was retained for the alley north of Bonham Avenue from the west line of Daugherty Avenue to the west terminus of the alley. The portion to be released is described as follows; to-wit:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, part of Benjamin Mott's State Fair Park Addition of record in Plat Book 5, Page 486 (all references in this description are to the records in the Recorder's Office, Franklin County, Ohio) being across part of that 1.539 acre tract described in a deed to BLISS PROPERTIES of record in Official Record 26864 B06 and being part of that 15' Alley vacated by Ordinance 695-61 wherein a utility easement was retained.  The portion of utility easement being vacated is more particularly described as follows:
 
      Beginning at the southwesterly corner of Lot 1 as designated and delineated on said Plat Book 5, Paged 486, at the westerly terminus of said Vacated 15' Alley;  Ordinance 695-61;
      Thence North 90° 00' 00" East 82.52 feet along the northerly line of said Vacated 15' Alley, to the southwesterly corner of Lot 4 of said Addition;
      Thence South 00° 03' 09" West 15.00 feet to the southerly line of said Vacated 15' Alley and the northwesterly corner of Lot 43 of said Addition;
      Thence North 90° 00' 00" West 82.49 feet along the southerly line of said Vacated 15' Alley, to the northwesterly corner of Lot 46 of said Addition;
      Thence North 00° 04' 28" West 15.00 feet along the westerly terminus of said Vacated 15' Alley to the Point of Beginning and containing 1,238 square feet, more or less.
Basis of bearings is an assumed bearing of WEST on the north line of Bonham Avenue as called for in Official Record 28684 B06.
      The above description was prepared by Site Engineering, Inc.
 
Section 2.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.