Explanation
Background: Fortunato P. Merullo and Renee M. Merullo, husband and wife, and Christopher S. Italiano and Krysten K. Italiano, husband and wife, and Robert E. Lockett and Holly Lockett, husband and wife, desire to install and maintain one (1) residential six (6") inch sanitary sewer line therein (the improvement) through a certain portion of that City owned real property known as Overbrook Park Ravine and has therefore requested the City grant her a quitclaim deed of easement for said real property. After investigation it has been determined by the Department of Recreation and Parks that the granting of the easement will not adversely affect the City and should be granted. The Real Estate Division, Department of Law has established $607.00 as the value of the easement. The following ordinance authorizes the Director of the Department of Recreation and Parks to execute a quitclaim deed and any ancillary documents necessary for the granting of aforementioned quitclaim deed of easement. Fiscal Impact: The $607.00 to be received by the City of Columbus, Department of Recreation and Parks as consideration for said easement will be deposited into the appropriate fund, identified in the following legislation. Emergency Justification: Emergency action is requested as not to delay the installation of the sanitary sewer.
Title
To authorize the Director of the Department of Recreation and Parks to execute and grant a quitclaim deed of easement to Fortunato P. Merullo and Renee M. Merullo (and listed others) through a certain portion of that City owned property known as Overbrook Park Ravine, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, the City of Columbus is owner of that real property known as the Antrim Park; and
WHEREAS, Fortunato P. Merullo and Renee M. Merullo, husband and wife, and Christopher S. Italiano and Krysten K. Italiano, husband and wife, and Robert E. Lockett and Holly Lockett, husband and wife, has requested an easement through a certain portion of said real property in order to install and maintain one (1) residential six (6") inch sanitary sewer line; and
WHEREAS, the Department of Recreation and Parks has no objection to the granting of said quitclaim deed of easement, as it has been determined that its granting will not adversely affect the City; and
WHEREAS, the Real Estate Division, Department of Law has established $607.00 as the value of such easement right; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Recreation and Parks to execute a quitclaim deed of easement and any ancillary documents required to grant said quitclaim deed of easement for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Department of Recreation and Parks be and hereby is authorized to execute a quitclaim deed of easement prepared by the Real Estate Division, Department of Law, and any ancillary documents necessary to grant Fortunato P. Merullo and Renee M. Merullo, husband and wife, and Christopher S. Italiano and Krysten K. Italiano, husband and wife, and Robert E. Lockett and Holly Lockett, husband and wife a certain utility easement through the following described real property, to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio, being a 15' wide private sanitary sewer easement over a portion of City of Columbus parkland as shown on the plat of Indian Springs subdivision platted and recorded in Plat Book 9, Page 34, and being more particularly described as follows:
Commencing at the southwesterly corner of Lot 8 in said Indian Springs Subdivision, thence, N 74º 20' 19" E, along the southerly line of said Lot 8, a distance of 24.52 feet to a point being the True Place Of Beginning of the herein to be described private sanitary sewer easement;
Thence N 74º 20' 19" E, continuing along the southerly line of said Lot 8, a distance of 16.02 feet to a point;
Thence S 04º 52' 56" W, leaving said southerly line and through said parkland, a distance of 82.00 feet to a point;
Thence S 74º 20' 19" W, continuing through said parkland, a distance of 16.02 feet to a point;
Thence N 04º 52' 56" E, continuing through said parkland, a distance of 82.00 feet to the True Place Of Beginning, containing 0.0282 acres (1,230.10 square feet), more or less.
Bearings used in this description are assumed.
All references are to records of the Recorder's Office, Franklin County, Ohio.
Hoy Surveying Services, Inc., David B. McCoy, R.P.S. #7632.
Prior Instrument Reference: Plat Book Vol. 9, Pg. 34,
Recorder's Office, Franklin County, Ohio.
Franklin County Tax Parcel Number NONE KNOWN .
For reference, the foregoing described appurtenant easement is granted through City of Columbus owned real property commonly known as the Overbrook Ravine Park, and is for the purpose of allowing Grantees to install a residential sanitary sewer service line to a home which is located adjacent to the easement on Overbrook Drive, and known as Franklin County Tax Parcel Number 010-086179.
Section 2. That the Six Hundred Seven Dollars. ($607.00), to be received by the City as consideration for the easement rights to be granted shall deposited into the Recreation and Parks Special Purpose Fund #223; Dept./Div.51-01; Sub-Fund #025 for the aforesaid purpose is hereby authorized.
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. 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 its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.