Explanation
Background: The City is the owner of certain real property along the riverbank, located in the vicinity of Dublin Road, Davidson Road, and Griggs Reservoir. It was discovered that a permanent structure, specifically a concrete and stone wall, currently encroaches upon the City's real property. The owners of the encroaching structure, Ryan V. Briggs and Mary C. Briggs, requested that the City grant them the right to encroach upon the City's property. The Department of Public Utilities and Recreation and Parks Department jointly determined that the granting of a Determinable Encroachment Easement for a period of ten (10) years, subject to the easement area being used solely for the purposes as defined by the City, will not adversely affect the City and should be allowed. Upon the expiration of the ten (10) year term, the Determinable Encroachment Easement will automatically terminate and all property rights shall revert to the City. The Department of Public Utilities, Division of Watershed Management, and the Columbus City Attorney, Real Estate Division, have established the value of the encroachment easement area at One Thousand, Two Hundred Sixty-seven, and 00/100 U.S. Dollars ($1,267.00). The following ordinance authorizes the Director of Finance and Management, to execute those documents necessary to grant the Determinable Encroachment Easement on behalf of the City.
Fiscal Impact: No funding is required for this legislation.
Title
To authorize the Director of the Department Finance and Management to execute those documents necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Ryan V. Briggs and Mary C. Briggs upon City-owned real property, which is in the vicinity of Dublin Road, Davidson Road, and Griggs Reservoir.
Body
WHEREAS, the City of Columbus, Ohio ("City"), is the owner of certain real property along the riverbank located in the vicinity of Dublin Road, Davidson Road, and Griggs Reservoir;
WHEREAS, it was discovered that a permanent structure, specifically a concrete and stone wall, currently encroaches upon the City's real property;
WHEREAS, the owners of the structure, Ryan V. Briggs and Mary C. Briggs, have requested that the City grant them the right to encroach upon the City's real property;
WHEREAS, the Department of Public Utilities and the Recreation and Parks Department have jointly determined that granting of a Determinable Encroachment Easement will not adversely affect the City and should be allowed;
WHEREAS, the encroachment easementwill be granted for a period of ten (10) years subject to the easement area being used solely for the purposes defined by the City in the Determinable Encroachment Easement; and
WHEREAS, the Department of Public Utilities, Division of Watershed Management, and the Columbus City Attorney, Real Estate Divisionhave established the value of the encroachment easement area at One Thousand, Two Hundred Sixty-seven, and 00/100 U.S. Dollars ($1,267.00); and
WHEREAS, the following ordinance authorizes the Director Finance and Management to execute those documents necessary to grant the Determinable Encroachment Easement;now,therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The Director of the Department of Fiance and Management is authorized to execute those documents, as prepared by the Columbus City Attorney, Real Estate Division, necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Ryan V. Briggs and Mary C. Briggs for an existing encroachment onto the following described real property owned by the City of Columbus, Ohio:
0.006932 ACRE EASEMENT AREA
Situated in the State of Ohio, County of Franklin, Township of Norwich, being part of Virginia Military Survey Number 4854 and part of the City of Columbus, Ohio, 2.48 Acre tract, as conveyed in Deed Book 314, Page 617, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at a monument found in the common line between said Virginia Military Survey № 4854 and Virginia Military Survey № 1406 at the southwesterly corner of a 2.48 acre tract, the same being the southeasterly corner of that 1.0089 acre tract of land designated as Parcel One, Tract One as described in the deed to Marsha K. Parenteau, Trustee of The 4500 Dublin Road Trust, of record in Instrument № 200702060022555, Recorder's Office, Franklin County, Ohio.
Thence N 32°17'22" W a distance of 83.16 feet to an iron pipe found, said point being the True Point of Beginning;
Thence N 35°5'37" W a distance of 55.50 feet to a point;
Thence N 54°54'23" E a distance of 9.00 feet to a point;
Thence S 35°5'37" E a distance of 16.00 feet to a point;
Thence S 54°54'23" W a distance of 5.00 feet to a point;
Thence S 35°5'37" E a distance of 39.50 feet to a point;
Thence S 54°54'23" W a distance of 4.00 feet to the True Point of Beginning, said easement containing 0.006932 Acres (302 Square Feet), more or less.
FRANKLIN COUNTY TAX PARCEL 200-000277
INSTRUMENT REFERENCE: D.B. 314, Pg. 617;
Recorder's Office, Franklin County, Ohio
STREET ADDRESS: 4500 Dublin Rd., Columbus, OH 43221
SECTION 2. That the One Thousand, Two Hundred Sixty-seven, and 00/100 U.S. Dollars ($1,267.00) received by the City as consideration for the grant of encroachment rights shall be deposited as follows:
Division: 60-09
Fund: 223
Sub-Fund: 062
OCA: 600223
SECTION 3. This ordinance shall take effect and be in force from and after the earliest period allowed by law.