Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights, located in the vicinity of Sawmill Road and Resler Drive, by virtue of recorded deeds of easement. The developer, Carriage Place, an Ohio general partnership, has 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 Sawmill Road and Resler Drive at the request of Carriage Place, an Ohio general partnership, in exchange for replacement easements 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 Sawmill Road and Resler Drive, by virtue of a recorded deed of easement; and,
WHEREAS, the developer, Carriage Place, an Ohio general partnership, has requested that a certain 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 should be allowed; 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 portion of the subject easement at the request of the Carriage Place, an Ohio general partnership, 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, as prepared by the Department of Law, Real Estate Division, necessary to release the following describe real property:
Release Of Easement
0.319 Acre
Situated In The State Of Ohio, County Of Franklin, City Of Columbus, Lying In Quarter Township 4, Township 2, Range 19, United States Military Lands, Being Across Part Of The 26.955 Acre Tract Conveyed To Carriage Place By Deed Of Record In Instrument Number 200009200190953 And Across The 2.092 Acre Tract Conveyed To Carriage Place By Deed Of Record In Official Record 16718 A08, (All References Refer To The Records Of The Recorder's Office, Franklin County, Ohio) Being More Particularly Described As Follows:
Beginning, For Reference, In The Southerly Right-Of-Way Line Of Resler Drive At The Common Corner Of Said 26.955 And 2.092 Acre Tracts;
Thence South 02° 51' 08" West, A Distance Of 29.92 Feet, To With The Line Common To Said 26.955 And 2.092 Acre Tracts, To The True Point Of Beginning;
Thence Across Said 26.955 And 2.092 Acre Tracts The Following Courses And Distances:
South 86° 56' 48" East, A Distance Of 228.40 Feet, To A Point;
South 17° 13' 30" East, A Distance Of 21.32 Feet, To A Point;
North 86° 56' 48" West, A Distance Of 242.80 Feet, To A Point;
South 88° 22' 16" West, A Distance Of 245.00 Feet, To A Point;
North 86° 56' 48" West, A Distance Of 198.16 Feet, To A Point;
North 02° 51' 07" East, A Distance Of 53.51 Feet, To A Point;
South 87° 08' 53" East, A Distance Of 7.93 Feet, To A Point;
South 03° 02' 02" West, A Distance Of 33.54 Feet, To A Point;
South 86° 56' 48" East, A Distance Of 189.59 Feet, To A Point;
North 88° 22' 16" East, A Distance Of 245.00 Feet, To A Point;
South 86° 56' 48" East, A Distance Of 7.83 Feet, To The True Point Of Beginning, Containing 0.319 Acre, More Or Less.
Professional Surveyor No. 7840
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.