Explanation
Background: The City of Columbus, Ohio is the holder of certain sanitary sewer easement rights by virtue of a recorded deed of easement. The subject real property, which is more fully described in the body of this legislation, is located in the vicinity of East Dublin-Granville Road and North Meadows Boulevard. M. Dunn Consultants, LLC, has requested that a portion of said easement be released in exchange for a replacement easement previously granted to the City. After investigation, it has been determined that the release of easement 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 sanitary sewer easement in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: This request has been thoroughly investigated and contemplated by the Division of Sewers and Drains and at this time emergency action is desired and requested by the Division of Real Estate to allow the immediate granting of the subject easement in exchange for an easement already receive by the City, which will be recorded immediately.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain portion of a sanitary sewer easement, located in the vicinity of East Dublin-Granville Road and North Meadows Boulevard, at the request of the M. Dunn Consultants, LLC, in exchange for a previously granted replacement easement and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of a sanitary sewer easement, located in the vicinity of East Dublin-Granville Road and North Meadows Boulevard and more fully described in the body of this legislation; and
WHEREAS, M. Dunn Consultants, LLC, has requested that a portion of the aforementioned sanitary sewer easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Director of Public Utilities to execute those instruments prepared by the Real Estate Division, Department of Law, necessary to release certain sanitary utility easement rights in and to certain City owned real property for the immediate preservation of the public health, peace, property and safety; 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 a certain portion of a sanitary sewer easement in and to the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 4, Township 2, Range 18, United States Military Lands, being a portion of an existing sanitary sewer easement granted to the City of Columbus by deed of record in Deed Book 2430, Page 547, lying across a 1.668 acre tract conveyed to Morite of Ohio, an Ohio partnership, by deed of record in Official Record 09236, Page H-06, all records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Begin for reference at the southwest corner of Reserve "D" as designated and delineated upon the recorded plat of "Salem Village No. 2", of record in Plat Book 33, Page 114, being the southwest corner of a 4.548 acre tract (Parcel 1) conveyed to Raas Hotel Group, Inc., an Ohio corporation, by deed of record in Official Record 33819, Page F-17, a common corner to a 0.935 acre tract conveyed to Morite of Ohio, an Ohio partnership, by deed of record in Official Record 09236, Page H-02, a 4.716 acre tract conveyed to Wentwood Laurel Lakes I, L.P., a Delaware limited partnership, by deed of record in Official Record 34677, Page G-02, a 0.518 acre tract conveyed to Rodney V. Myers and George E. King by deed of record in Instrument Number 200111300278561;
Thence N 03º 02' 29" E, a distance of 295.70 feet, along the westerly line of said 4.548 acre tract a line common to said 0.935 acre and 1.668 acre tracts, to a point marking the intersection with the said existing sanitary sewer easement, and being the Point Of True Beginning for the herein described easement;
Thence the following three (3) courses along the said existing sanitary sewer easement, across the said 1.668 acre tract:
1. N 86º 47' 01" W, a distance of 225.99 feet, to a point in the easterly right-of-way line of North Meadows Boulevard (60 feet in width), of record in Plat Book 34, Page 5;
2. Along the easterly right-of-way line of said North Meadows Boulevard with a curve to the left having a central angle of 02º 12' 00", a radius of 270.00 feet, an arc length of 10.37 feet, a chord bearing of N 12º 04' 16" W, with a chord distance of 10.37 feet to a point;
3. S 86º 47' 01" E, a distance of 228.70 feet, to a point marking the intersection with the easterly line of said 1.668 acre tract;
Thence S 03º 02' 29" W, a distance of 10.00 feet, along the easterly line of said 1.668 acre tract to the Point Of True Beginning, containing 0.052 acres (2274.5 sq. ft.), more or less.
Bearings in the above description are based on the bearing of N 86º 47' 01" W, for the centerline of State Route 161 (Dublin-Granville Road), based on a GPS network of field observations between stations "Clark 1928 1982" and "Clark Azimuth", performed in June 2004 (State Plane Coordinate System, South Zone, 1986 Adjustment).
R. D. Zande & Assoc., Inc., Mark Alan Smith, Registered Surveyor No. S-8232, 9/9/04.
Section 2. That for the reasons state 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.