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File #: 0291-2013    Version: 1
Type: Ordinance Status: Passed
File created: 1/24/2013 In control: Public Utilities Committee
On agenda: 2/25/2013 Final action: 2/27/2013
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 Board of Trustees for the Columbus Technical Institute a.k.a. Columbus State Community College (“CSCC”), an Ohio non-profit corporation, the City's sewer easement rights recorded in Instrument ? 200106080128560, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel ?s 010-041971 & 010-035899.
Attachments: 1. EXHIBIT A
Explanation
BACKGROUND:      The City of Columbus, Ohio ("City") holds title to a sewer utility easement recorded in Instrument № 200106080128560 ("Old Easement"), Recorder's Office, Franklin County, Ohio.  The Board of Trustees for the Columbus Technical Institute a.k.a. Columbus State Community College ("CSCC"), an Ohio non-profit corporation, now requests the City to partially release its sewer easement rights in the Old Easement.  The City's Department of Public Utilities reviewed, approved, and determined that the partial release of the sewer utility easement rights in the Old Easement will not adversely affect the City and should be granted at no cost.  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 from the Old Easement.
  
FISCAL IMPACT:     Not applicable.
 
EMERGENCY JUSTIFICATION:  Not applicable.
 
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 Board of Trustees for the Columbus Technical Institute a.k.a. Columbus State Community College ("CSCC"), an Ohio non-profit corporation, the City's sewer easement rights recorded in Instrument № 200106080128560, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel №s 010-041971 & 010-035899.
Body
 
WHEREAS, the City of Columbus, Ohio ("City"), holds title to a sewer utility easement recorded in Instrument № 200106080128560 ("Old Easement"), Recorder's Office, Franklin County, Ohio; and
 
WHEREAS, The Board of Trustees for the Columbus Technical Institute a.k.a. Columbus State Community College ("CSCC"), an Ohio non-profit corporation, now requests the City to partially release its sewer easement rights that were removed and abandoned in the Old Easement; 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 Easement will not adversely affect the City and should be granted at no cost; 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 Board of Trustees for the Columbus Technical Institute a.k.a. Columbus State Community College ("CSCC"), an Ohio non-profit corporation, the City's sewer utility easement rights in the following described real property:
 
0.036 ACRE EASEMENT AREA RELEASE
Situated in the State of Ohio, County of Franklin, City of Columbus, and being within lands own by The Board of Trustees of the Columbus Technical Institute, as referenced Deed Volume 3260, Pages 316, 317, and 318, and part of a sewer easement conveyed to the City of Columbus in Instrument# 200106080128560, as recorded in the Franklin County Recorder's Office.
Commencing for reference at the intersection of east right of way line of Cleveland Avenue (66') with the former southerly line of Edwards Street (33') (Vacated),
Thence along said southerly line, North 77°57'08" East, a distance of 234.16 feet to a point on said existing sewer easement,
Thence along said existing easement line, South 56°47'12" East, a distance of 15.89 feet to a point being the TRUE POINT OF BEGINNING, for the easement vacation herein described;
Thence continuing along said existing easement line, South 56°47'12" East a distance of 87.91 feet to a point on the north line of a former 12 foot wide alley vacated per ORD 1531-67,
Thence along said existing easement line and said former alley line, South 77°58'09" West, a distance of 28.17 feet to a point,
Thence along said existing easement line, North 56°47'12" West, a distance of 68.08 feet to a point,
Thence crossing through said existing easement, North 33°12'48" East, a distance of 20.00 feet to the TRUE POINT of BEGINNING, containing 0.036 acres more or less.
The basis of bearing is based on an arbitrary system for project use only and is intended to denote angles only.
The above description was prepared by Korda/Nemeth Engineering, Inc. from field and record observations on January 2011, under the direction and supervision of Nathan W. Anderson, Ohio Registered Surveyor № 8322.
 
Nathan W. Anderson, Registered Surveyor № 8322
 
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.