Explanation
Background: The City of Columbus, Ohio is the owner of a certain sanitary easement, located in the vicinity of 750 Stelzer Road and East Fifth Avenue, by virtue of recorded deeds of easement. Kemp, Schaeffer, Rowe & Lardiere Co., L.P.A., has requested the City release a 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. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release a portion of the aforementioned sewer easement, fully described in the body of this legislation, in exchange for a previously granted replacement easement.Fiscal Impact: N/AEmergency Justification: The City has already been granted replacement easements for the subject easements to be released, emergency action is requested to allow the development of the tract encumbered with this easement to continue without delay.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release a certain sewer easement, located in the vicinity of 750 Stelzer Road and East Fifth Avenue, at the request of Kemp, Schaeffer, Rowe & Lardiere Co., L.P.A. 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, Department of Public Utilities, is the owner of a certain sanitary sewer easement, located in the vicinity of 750 Stelzer Road and East Fifth Avenue, as recorded in Deed Book Volume 2739, Page 104 of the Franklin County Recorders Office; and
WHEREAS, Kemp, Schaeffer, Rowe & Lardiere Co., L.P.A 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 Division of Sewerage & Drainage, after investigation, has determined that the release of said easement rights will not adversely affect the operations of the City of Columbus;
WHEREAS, an emergency exists in the usual daily operation of The Department of Public Utilities, Division of Sewerage and Drainage, that it is immediately necessary to authorize the Director of Public Utilities to execute those documents necessary to release certain portions of the subject easement to allow for the continued development of the real property encumbered with this easement for the preservation of the public health, peace, property and safety; 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 and/or approved by the Department of Law, Real Estate Division, necessary to release a certain portion of a sanitary easement in the following described real property, to wit:
DESCIPTION OF A 10.00-FOOT WIDE EASEMENT
SITUATE in the State of Ohio, County of Franklin, City of Columbus, and being part of a 10.00-foot wide sanitary sewer easement of record in Deed Book 2739, Page 104, and in Deed Book 2788, Page 522, both deed books being in the Recorders Office, Franklin County, Ohio said part being more particularly described as follows:
Beginning at the southeast corner of said easement, said corner being on the south line of a 5.443 acre tract conveyed to Sierra Hospitality Group LLC by deed of record in Instrument 200101220013717, said corner being South 86 º 15' 49" East, a distance of 192.7 feet from a southwest corner of said 5.443 acre tract, and 5.00 feet west of the original centerline of Osbourne Avenue; thence with said south line,
North 86º 15'49" West, a distance of 10.00 feet to the Southwest Corner of said easement; thence across said 5.443 acre tract with the west line of said easement,
North 04º55'11" East, a distance of 295.17 feet to a point on the south line of a 20.00 foot wide sanitary sewer easement of record in Deed Book 3095, Page 295; thence with the south line of said 20.00 foot wide easement,
South 86º15'17" East, a distance of 10.00 feet to appoint on the east line of said 10.00 foot wide easement; thence with the east line of said 10.00 foot wide easement.
South 04º55'11" West, a distance of 295.17 feet to the point of beginning, containing 2951 square feet or 0.068 acre.
All Deed Books, and Instruments mentioned are those found in the Recorders Office, Franklin County, Ohio. Bearings are based on the south line of said 5.443 acre tract of record in Instrument 200101220013717, of North 86º15'49" West. This description was prepared by Robert G. Watts, Reg. Prof. Surveyor # 4138.
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.