Explanation
Background: The City of Columbus, Ohio is the holder of certain storm sewer easement rights to real property located in the vicinity of Dublin-Granville Road and Hamilton Road, by virtue of a recorded deed of easement. Blendon-Beecham Properties has requested the City release a certain portion of the aforementioned sewer easement in exchange for replacement easements previously granted to the City of Columbus. After investigation, it has been determined that the proposed release of the easement more fully described in the body of this legislation 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 easement.
Fiscal Impact: The $600.00 received by the City of Columbus, Department of Public Utilities as consideration for the subject easement has been deposited into the appropriate fund as identified by the City Auditor.
Emergency Justification: N/A
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release a certain portion of sewer easement, located in the vicinity of Dublin-Granville Road and Hamilton Road, at the request of Blendon-Beecham Properties in exchange for replacement easements previously granted to the City of Columbus.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of a certain sewer utility easement by virtue of a recorded instrument in the Franklin County Recorders Office; and
WHEREAS, Blendon-Beecham Properties has requested that the aforementioned sewer utility easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
WHEREAS, the Division of Sewerage & Drainage, after investigation, has determined that the release of said easement rights will not adversely affect the operations of the City of Columbus; and
WHEREAS, the Real Estate Division, Department of Law, has determined the value of the release of easement to be $600.00 dollars 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 certain utility easement rights in and to the following described real property, acquire by virtue of a deed of easement recorded in Official Records, Recorded in the Recorder's Office, Franklin County, Ohio, to wit:
20 FOOT WIDE STORM SEWER EASEMENT
TO BE RELEASED
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Section 4, Township 2, Range 17, United States Military Lands lying on, over and across that original 13.650 acre tract as conveyed to Blendon-Beecham Properties by deed of record in Deed Volume 3689, Page 631 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at Franklin County Geodetic Monument 8816 at the centerline intersection of Dublin-Granville Road and Hamilton Road, and being the northeasterly corner of that 1.188 acre tract as conveyed to Blendon-Beecham Properties by deed of record in Instrument Number 200012050246075 and Instrument Number 200012050246076, and being on the line common to said Section 4, Township 2, Range 17 and Section 3, Township 2, Range 16;
Thence North 87° 07' 51" West, a distance of 600.22 feet, along the centerline of said Dublin-Granville Road to a P.K. nail found at the northeasterly corner of that 5.809 acre tract as conveyed to The Enclave at Albany Park Condominiums by deed of record in Instrument Number 200210030248625 and shown in Condominium Book 111, Page 47;
Thence South 03° 35' 41" West, a distance of 314.85 feet, to a 3/4 inch iron pipe found, with a cap stamped "BDM";
Thence South 87° 05' 39" East, a distance of 158.15 feet, crossing said original 13.650 acre tract to the TRUE POINT OF BEGINNING;
Thence the following four (4) courses and distance crossing said original 13.650 acre tract;
1. North 07° 12' 35" West, a distance of 264.89 feet, to a point;
2. South 82° 55' 43" East, a distance of 20.00 feet, to a point;
3. South 07° 12' 35" West, a distance of 263.42 feet, to a point, said point being referenced by a 3/4 inch iron pipe found, 0.24 feet east, with a cap stamped "BDM";
4. North 87° 07' 21" West, a distance of 20.06 feet, to the TRUE POINT OF BEGINNING, containing 0.121 acres, more or less, subject to all easements, restrictions and rights-of-way of records.
The bearings in the above description are based on the bearing of North 03° 12' 47" East for the centerline of Hamilton Road between Franklin County Geodetic Control Monuments 8814 and 8815, Ohio State Plane Coordinate System, South Zone, NAD 83 with the 1986 Adjustment.
R.D. Zande & Associates
Section 2. That the City Auditor be, and hereby is authorized and directed to deposit the Six Hundred Dollars ($600.00), to be received by the City as consideration for the release of the subject restrictive covenants in the appropriate fund.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.