Explanation
BACKGROUND: The City of Columbus, Ohio ("City") holds title to two sewer utility easements recorded in O.R. 17121, Pg. E17, and O.R. 17121, Pg. F05, ("Old Easements"), Recorder's Office, Franklin County, Ohio. The New Albany Company LLC ("NAC"), a Delaware limited liability company, now requests the City to partially release its sewer easement rights in the Old Easements. The City's Department of Public Utilities reviewed, approved, and determined that the partial release of the sewer utility easement rights in the Old Easements will not adversely affect the City and should be granted at no cost, because NAC granted the City a new, replacement sewer utility easement recorded in Instrument № 201110040125584 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio. Therefore, the following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to partially release the City's easement rights in the Old Easements.
FISCAL IMPACT: N/A
EMERGENCY JUSTIFICATION: N/A.
Title
To authorize the Director of the Department of Public Utilities, City of Columbus, Ohio, to execute those documents necessary to partially release to The New Albany Company LLC, a Delaware limited liability company, the City's sewer easement rights recorded in O.R. 17121, Pg. E17, and O.R. 17121, Pg. F05, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel №s 222-002955 & 222-002948.
Body
WHEREAS, the City of Columbus, Ohio ("City"), holds title to two (2) sewer utility easements recorded in O.R. 17121, Pg. E17, and O.R. 17121, Pg. F05 ("Old Easements"), Recorder's Office, Franklin County, Ohio; and
WHEREAS, The New Albany Company LLC ("NAC"), a Delaware limited liability company, granted the City a new, replacement easement recorded in Instrument № 201110040125584 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio; and
WHEREAS, as accommodation for the Replacement Easement, NAC now requests the City to partially release its sewer easement rights in the Old Easements; and
WHEREAS, the City's Department of Public Utilities reviewed, approved, and determined that the partial release of the sewer utility easement rights in the Old Easements will not adversely affect the City and should be granted at no cost, because NAC granted the City the Replacement Easement; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The Director of the Department of Public Utilities, City of Columbus, Ohio, is authorized to execute those documents prepared by the Columbus City Attorney, Real Estate Division, necessary to release to The New Albany Company LLC, a Delaware limited liability company, the City's sewer utility easement rights in the following described real property:
0.151 ACRE EASEMENT AREA RELEASE
Situated in the State of Ohio, County of Franklin, City of New Albany, located in Quarter Township 3, Township 2, Range 16, United States Military Lands, being across the remainder of those 10.228 and 18.528 acre tracts conveyed to The New Albany Company by deeds of record in Official Record 12773A09 and Official Record 14548I02 (all references refer to the records of the Recorder's Office, Franklin County, Ohio),and being described as follows:
Beginning, for reference at a northeasterly corner of said The New Albany Company Tract, a southwesterly corner of that 121.605 acre tract conveyed to The New Albany Company by deed of record in Instrument Number 201008260110402;
Thence North 87° 00' 00" West, with the northerly line of said 18.528 acre and the southerly line of said 10.228 acre tracts, a distance of 606.44 feet to the TRUE POINT OF BEGINNING;
Thence across said 18.528 acre and 10.228 acre tracts, the following courses and distances:
· South 48° 50' 13" West, a distance of 115.19 feet to a point;
· South 81° 06' 16" West, a distance of 176.08 feet to a point;
· North 64° 15' 58" West, a distance of 35.19 feet to a point;
· North 81° 06' 16" East, a distance of 199.25 feet to a point;
· North 48° 50' 13" East, a distance of 168.62 feet to a point; and
· South 30° 10' 28" West, a distance of 62.50 feet to the TRUE POINT OF BEGINNING, and containing 0.151 acre of land, more or less.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Registered Surveyor № 8250
THIS LEGAL DESCRIPTION IS DEPICTED IN THE ATTACHED MAP EXHIBIT, EXHIBIT "A", WHICH IS FULLY INCORPORATED INTO THIS ORDINACE.
SECTION 2. This ordinance shall take effect and be in force from and after the earliest period allowed by law.