Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights, located in the vicinity of Norton Road and Sullivant Avenue, by virtue of recorded deeds of easement. Portrait Home-Ohio, LLC, requested the City release a certain portion of the aforementioned sewer easement in exchange for a previously granted replacement easement. 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 a certain portion of the aforementioned sewer easement in exchange for a previously granted replacement easement.
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 a certain portion of a sanitary easement, located in the vicinity of Norton Road and Sullivant Avenue, at the request of Portrait Homes-Ohio, LLC, in exchange for a replacement easement previously granted to the City of Columbus, Ohio and to declare an emergency.
Body
WHEREAS, The City of Columbus, Ohio holds title to an easement, located in the vicinity of Norton Road and Sullivant Avenue, by virtue of a recorded deed of easement; and,
WHEREAS, Portrait Homes-Ohio, LLC, has requested that a portion of the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus; and,
WHEREAS, the Division of Sewerage and Drainage has determined that the release of said easement will not adversely affect the City of Columbus; 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 a certain utility easement at the request of Portrait Homes-Ohio, LLC, 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 the following describe real property:
EASEMENT RELEASE 0.184 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Survey No. 1474, Virginia Military District, being part of the sanitary sewer easement of record in Deed Book 3203, Page 566, being a 10 foot strip of land on, over, and across the remainder of the original 4.910 acre tract conveyed to Portrait Homes Gabriel's Landing LLC by deed of record in Instrument Number 200506150116504, the remainder of the original 12.836 acre tract conveyed to Portrait Homes-Gabriel's Landing LLC by deed of record in Instrument Number 200506150116502, the 1.790 acre tract conveyed to Portrait Homes-Gabriel' s Landing LLC by deed of record in Instrument Number 200509300205224, and the 2.017 acre tract conveyed to Portrait Homes-Gabriel's Landing LLC by deed of record in Instrument Number 200509300205209, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, in the westerly right-of-way line of Norton Avenue, at the common comer of said 1.790 acre tract, the remainder of the original 16.618 acre tract conveyed to Eagle Crest Management Group LLC, the 0.060 acre tract conveyed to City of Columbus by deed of record in Instrument Number 200312030384125, and the 0.088 acre tract conveyed to City of Columbus by deed of record in Instrument Number 200312310406750;
Thence North 76° 35' 23" West, a distance of 50.00 feet, with the line common to said 1.790 acre tract and the remainder of said original 16.618 acre tract, to the TRUE POINT OF BEGINNING:
Thence continuing North 76° 35' 23" West, a distance of 10.00 feet, continuing with said common line, to a point;
Thence across said 1.790 acre tract, the remainders of said original 4.910 and 12.836 acre tracts, and said 2.017 acre tract, the following courses and distances:
North 13° 29' 39" East, a distance of 207.70 feet, to a point;
North 04° 46' 23" East, a distance of 277.00 feet, to a point;
North 13° 29' 39" East, a distance of 317.97 feet, to a point in the line common to said 2.017 acre tract and the remainder of the original 0.504 acre tract conveyed to Jerry L. and Ruth H. Billman by deed of record in Official Record 25815 E02;
Thence South 76° 06' 12" East, a distance of 10.00 feet, with said common line, to a point;
Thence across said 2.017 acre tract, the remainders of said original 12.836 and 4.910 acre tracts, and said 1.790 acre tract, the following courses and distances:
South 13° 29' 39" West, a distance of 317.14 feet, to a point;
South 04° 46' 23" West, a distance of277.00 feet, to a point;
South 13° 29' 39" West, a distance of 208.45 feet, to the TRUE POINT OF BEGINNING, containing 0.184 acre of land, more or less.
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.