Explanation
1. Background
The City possesses title to a general utility easement described and recorded in Instrument 202208290123924, Recorder’s Office, Franklin County, Ohio in a portion of former right-of-way. Additionally, the City possesses title to two sidewalk easements described and recorded in instrument numbers 200910290155956 and 200910290155957, Recorder’s Office, Franklin County Ohio, and a temporary easement described and recorded in instrument number 200910270154927 Recorder’s Office, Franklin County Ohio, (collectively “Easement”). The Easement burdens real property owned by Nationwide Children’s Hospital, an Ohio non-profit corporation near 744 Children’s Drive, Columbus, Ohio 43215{Franklin County Tax Parcels 010-308014, 010-082626, 010-308013, and 010-082628.
The Department of Public Service recently received a request from the property owner asking that the City release the Easement to clear title for this site. After receipt of this request the Department of Public Service, Division of Infrastructure Management verified with all the public and private utility companies that there are no utilities located within the requested area or need for the two sidewalk easements and the temporary easement and they have no objection to the Easement being released. The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release the Easement as listed above and described within an attached Exhibit-A.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project 537650, for granting the Easement.
3. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow the Easement to be released as soon as possible, thereby allowing the site development to proceed and clear title by the end of the year.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release easement rights to Nationwide Children’s Hospital; and to declare an emergency. ($0.00)
Body
WHEREAS, the City possesses title to a general utility easement described and recorded in Instrument 202208290123924, Recorder’s Office, Franklin County, Ohio in a portion of former right-of-way. Additionally, the City possesses title to two sidewalk easements described and recorded in instrument numbers 200910290155956 and 200910290155957, Recorder’s Office, Franklin County Ohio, and a temporary easement described and recorded in instrument number 200910270154927 Recorder’s Office, Franklin County Ohio, (collectively “Easement”); and
WHEREAS, the Easement burdens real property owned by Nationwide Children’s Hospital, an Ohio non-profit corporation near 744 Children’s Drive, Columbus, Ohio 43215{Franklin County Tax Parcels 010-308014, 010-082626, 010-308013, and 010-082628: and
WHEREAS, the Department of Public Service recently received a request from the property owner asking that the City release the Easement to clear title for this site; and
WHEREAS, after receipt of this request the Department of Public Service, Division of Infrastructure Management verified with all the public and private utility companies that there are no utilities located within the requested area or need for the two sidewalk easements and the temporary easement and they have no objection to the Easement being released; and
WHEREAS, a value of $500.00 was established; and
WHEREAS, the following ordinance authorizes the Director of the Department of Public Service to execute those documents necessary to release the Easement as listed above and described within an attached Exhibit-A, to allow the site to develop and to clear title: and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service so that the Easement can be released as soon as possible, thereby allowing the site development to proceed and clear title by the end of the year, to ensure the safety of the traveling public all for the immediate preservation of the public health, peace, property, safety and welfare; and 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 to release easement rights described and recorded in Instrument Numbers 202208290123924, 200910290155956, 200910290155957, and 200910270154927 Recorder’s Office, Franklin County Ohio.
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).
SECTION 3. That the City will receive a total of $500.00 to be deposited in Fund 7748, Project P537650, for granting the requested transfer.
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 passage if the Mayor neither approves nor vetoes the same.