Explanation
1. Background
In 1966 and 1968, pursuant to Ordinances 107-66 and 223-68 the City of Columbus transferred portions of rights-of-way, this being the first alley south of Norwich Avenue, running east and west and being the second alley west of High Street running north and south and subject to a general utility easement.
The Department of Public Service recently received a request from the property owner, ACC OP (LANE & HIGH) LLC, asking that the City release these easements over the property they own within this area to clear title. After receiving this request, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for these easements, located within the requested area, and that they have no objections to this portion of these easements being released.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release the portion of easements as described below and within the attached exhibit, to allow for the property to clear title.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the request to release the easements.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release portions of rights-of-way, this being the first alley south of Norwich Avenue and the second alley west of High Street, to allow for the property to clear title. ($0.00)
Body
WHEREAS, in 1966 and 1968, pursuant to Ordinances 107-66 and 223-68 the City of Columbus transferred portions of right-of-way, being the first alley south of Norwich Avenue, running east and west and being the second alley west of High Street running north and south and subject to a general utility easement; and
WHEREAS, the Department of Public Service recently received a request from the property owner, ACC OP (LANE & HIGH) LLC, asking that the City release these easements over the property they own within this area to clear title; and
WHEREAS, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for these easements, located within the requested area, and that they have no objections to this portion of these easements being released; and
WHEREAS, to authorize the Director of the Department of Public Service to execute those documents necessary to release the portion of easements as described below and within the attached exhibit, to allow for the property to clear title; and
WHEREAS, a value of $500.00 for the encroachment easements was established; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute those documents necessary for the City to release these easements and clear titles to the property owner, ACC OP (LANE & HIGH) LLC; NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. To authorize the Director of the Department of Public Service to execute those documents necessary for the City to release these easements as described below and within the attached exhibit, to allow for the property to clear title:
A 0.145 Acres Easement Areas to be released:
Situated in the City of Columbus, County of Franklin, State of Ohio, Quarter Township SW, Township 1 North, Range 18 West, United States Military District and burdening all of a 0.030 acre tract of land owned by ACC OP (Lane & High) LLC as recorded in Instrument Number 202604210045805 and part of a 1.459 acre tract of land owned by ACC OP (Land & High) LLC as recorded in Instrument Number 202603110027939, the easement boundary of which being more particularly described as follows: Beginning at a 3/4-inch iron pipe found 2-inches above ground at the northeasterly corner of said 1.459 acre tract, and the intersection of the southerly right of way line of Norwich Avenue (50-foot right of way, Plat Book 4 Page 424) and the westerly right-of-way line of a 20-foot public alley as shown in C.M. Williams’ Subdivision as recorded in Plat Book 4 Page 424; thence North 86° 17' 15" West a distance of 147.06 feet, along the northerly line of said 1.459 acre tract and the southerly right of way of said Norwich Avenue, to a point at the True Point of Beginning; Thence, from said True Point of Beginning, South 03° 44' 45" West a distance of 120.00 feet, crossing through said 1.459 acre tract, to a point; Thence South 86° 17' 15" East a distance of 172.51 feet, crossing through said 1.459 acre tract, to a point in the westerly right of way of said 20-foot alley; Thence South 08° 13' 41" East a distance of 20.44 feet, along the westerly right of way of said 20-foot alley and the easterly line of said 1.459 acre tract, to a point; Thence North 86° 17' 15" West a distance of 196.75 feet, crossing through said 1.459 acre tract, to a point at the westerly line of said 1.459 acre tract; Thence North 03° 44' 45" East a distance of 140.00 feet, along the westerly line of said 1.459 acre tract, the westerly line of said 0.030 acre tract and the easterly line of Earl K. Fernandes tract as recorded in Instrument Number 202604210045804, passing a 5/8-inch iron pin with cap stamped “The Kleingers Group” at a distance of 10.00 feet, to a mag nail found in the southerly right of way of said Norwich Avenue;
Thence South 86° 17' 15" East a distance of 20.00 feet, along the southerly right of way of said Norwich Avenue and the northerly line of said 0.030 acre tract and the northerly line of said 1.459 acre tract, passing a mag nail found at a distance of 10.00 feet, to the True Point of Beginning and containing 0.145 of an acre of land, more or less, as determined by John T. Paul, Professional Surveyor, Ohio License No. 8818, based on a survey performed by The Kleingers Group in March, 2025. Bearings are based on the State Plane Coordinate System, Ohio South Zone (NAD83-2011, Epoch 2010.0), with a portion of the southerly right-of-way line of Norwich Avenue between the first alley west of High Street and the second alley west of High Street, as shown, being North 86° 17' 15" West as determined by a GPS survey utilizing CORS station "COLB". Subject to any easements, restrictions, covenants, ordinances, or agreements of record.
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s) and that this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That the City will receive a total of $500.00 as cost to clear title to the site, to be deposited in Fund 7748, Project P537650.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.