Explanation
Background: The City of Columbus, Ohio holds title to a sanitary easement, located in the vicinity of Covington Road and Poche Drive, by virtue of a recorded deed of easement. Indus Companies ("Developer"), has requested that the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus. The Division of Sewerage and Drainage has 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 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 received and recorded by the City.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain utility easement, located in the vicinity of Covington Road and Poche Drive, at the request of Indus Companies (Developer) 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 Covington Road and Poche Drive, by virtue of a recorded deed of easement; and,
WHEREAS, Indus Companies (Developer) has requested that 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 Dominion Homes, Inc., 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, at the request of Indus Companies (Developer), the following described real property:
Portion Of A
Sanitary Sewer Easement
To Be Released
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 4, Township 2, Range 18, United States Military Lands, being a portion of an existing Sanitary Sewer Easement granted to the City of Columbus by deed of record in Deed Book 2430, Page 547, lying across a 4.548 acre tract (Parcel 1) conveyed to RAAS Hotel Group, Inc., an Ohio Corporation by deed of record in Official Record 33819, Page F17, all records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Begin for Reference at the southwest corner of Reserve "D" as designated and delineated upon the record plat of "Salem Village No. 2", of record in Plat Book 33, Page 114, being the southwest corner of a 4.548 acre tract (Parcel 1) conveyed to Raas Hotel Group, Inc., an Ohio Corporation by deed of record in Official Record 33819, Page F17, a common corner to a 0.096 acre tract conveyed to 5580 North Meadows LTD, an Ohio Limited Liability Company by deed of record in Instrument Number 200505270102297, a 4.716 acre tract conveyed to Wentwood Laurel Lakes I, L.P., a Delaware Limited Partnership by deed of record in Official Record 34677, Page G02, a 0.518 acre tract conveyed to 5580 North Meadows LTD, an Ohio Limited Liability Company by deed of record in Instrument Number: 200505270102285;
Thence North 03°02'29" East, a distance of 295.70 feet, along the westerly line of said 4.548 acre tract (Parcel 1), a line common to said 0.096 acre tract, a 0.845 acre tract conveyed to Columbus-Meadows LLC, a Florida Limited Liability Company by deed of record in Instrument Number 200501060003951, and a 1.758 acre tract conveyed to Walgreen CO., an Illinois Corporation by deed of record in Instrument Number 200509130190401, to a point marking the intersection with the said existing Sanitary Sewer Easement, and being the Point of True Beginning for the herein portion to be vacated;
Thence North 03°02'29" East, a distance of 10.00 feet, continuing along the westerly line of said 4.548 acre tract, to a point;
Thence the following five (5) courses along the said existing Sanitary Sewer Easement, over and across the said 4.548 acre tract;
1. South 86°47'01" East, a distance of 242.62 feet, to a point;
2. South 03°12'59" West, a distance of 170.00 feet, to a point;
3. North 86°47'01" West, a distance of 10.00 feet, to a point;
4. North 03°12'59" East, a distance of 160.00 feet, to a point;
5. North 86°47'01" West, a distance of 232.59 feet, to the Point of True Beginning, containing 0.092 acres, (4026 Sq. Ft.) more or less.
Bearings in the above description are based on the bearing of North 86°47'01" West, for the centerline of State Route 161 (Dublin-Granville Road), based on a GPS network of field observations between stations "Clark 1928 1982" and "Clark Azimuth", performed in June, 2004 (State Plane Coordinate System, South Zone, 1986 Adjustment).
Registered Surveyor No. S-8121
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.