Explanation
Background: The City of Columbus, Ohio is the owner of a certain sanitary sewer easement located in the vicinity of Winchester Pike and Brice Road, Franklin County, Ohio of by virtue of a recorded easement, more fully described within the body of this legislation. The original sanitary mainline has been abandoned and a replacement easement has been granted to the City and recorded with the Franklin County Recorders Office. The Grantor, Ashbrook Run LLC, an Ohio limited liability company, has requested that the City release the 0.133 +/- acre easement in exchange for the previously granted replacement easement. After investigation, it has been determined that the proposed exchange of easements 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 sewer easement at no charge in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate release of the subject easement in exchange for an easement already received and recorded at the Franklin County Recorders' office.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain sanitary sewer easement, located in the vicinity of Winchester Pike and Brice Road, Franklin County, Ohio, at the request of Ashbrook Run LLC, an Ohio limited liability company in exchange for a replacement easement previously granted to the City of Columbus, Ohio; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio is the owner of a certain sanitary sewer easement located in the vicinity of Winchester Pike and Brice Road, Franklin County, Ohio of by virtue of a recorded easement, more fully described within the body of this legislation; and
WHEREAS, the original sanitary mainline has been abandoned and a replacement easement has been granted to the City and recorded with the Franklin county Recorders Office; and
WHEREAS, the Grantor, Ashbrook Run LLC, an Ohio limited liability company, has requested that the City release the 0.133 +/- acre easement in exchange for the previously granted replacement easement; and
WHEREAS, after investigation, it has been determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain utility easement at the request of Ashbrook Run LLC, an Ohio limited liability company for the immediate preservation of the public health, peace, property, safety and welfare; 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 the sanitary easement in and to the following described real property:
EASEMENT VACATION
0.133 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 13, Township 11, Range 21, Congress Lands being an existing easement across that 14.038 acre tract conveyed to Ashbrook Run, LLC by deed of record in Instrument Number 200902170020771 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at a northwesterly corner of Reserve "H" of record in "The Glen at Schirm Farms Section 2" of record in Plat Book 108, Pages 8 and 9, the easterly right-of-way line of Brice Road;
thence South 85° 50' 13" East, with the northerly line of said Reserve "H", the northerly line of Reserve "G" of said The Glen at Schirm Farms Section 2", a distance of 54.06 feet to the TRUE POINT OF BEGINNING;
thence with the perimeter of said existing easement, across said 14.038 acre tract, the following courses and distances:
North 04° 50' 20" East, a distance of 202.83 feet to a point;
North 04° 02' 20" East, a distance of 24.31 feet to a point;
South 86° 44' 57" East, a distance of 25.00 feet to a point;
South 04° 02' 20" West, a distance of 25.00 feet to a point;
South 04° 50' 20" West, a distance of 227.39 feet to a point on the arc of a curve to the right, in the northerly line of said Reserve "G", the northerly right-of-way line of Olive Brook Drive;
thence with the northerly line of said Reserve "G", with the arc of said curve to the right, having a central angle of 30° 29' 00", a radius of 49.00 feet, an arc length of 26.07 feet, a chord bearing and distance of North 11° 04' 43" West, 25.76 feet to a northeasterly corner thereof;
thence North 85° 50' 13" West, with the northerly line of said Reserve "G", a distance of 17.94 feet to the TRUE POINT OF BEGINNING and containing 0.133 acre of land more or less. EVANS MECHWART, HAMBLETON, & TILTON, INC. Edward J. Miller, Registered Surveyor
Section 2. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.