Explanation
Background: The State of Ohio, State Education Department, is the owner of a certain private sanitary sewer, which runs along its Deaf and Blind Schools property on North High Street, being more fully described in the body of this legislation. The State of Ohio desires to grant the aforementioned sewer in fee title to the City of Columbus, who will repair and maintain the sewer as it's own. After investigation, the Department of Public Service has determined that accepting fee title to the sewer will not adversely affect the City and therefore should be allowed. However, in the length of time estimated for the State of Ohio to transfer fee title of the subject property to the City, a Department of Public Utilities project involving the same sewer will be delayed. The State of Ohio has also agreed to grant an easement to the City of Columbus, as not to delay the aforementioned Sewers and Drains Project. Therefore, it is now necessary to authorize the Director of the Department of Public Utilities to execute a quitclaim deed of easement and any ancillary documents necessary to accept the subject real property, as granted from the State of Ohio.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to in order to allow for the immediately acceptance of the subject easement, as not to delay the aforementioned Department of Public Utilities project.
Title
To authorize the Director of the Department of Public Utilities to execute a quitclaim deed of easement and any ancillary documents necessary to accept certain sanitary sewers rights, as granted from the State of Ohio, over that real property commonly known as 5220 N. High Street, Columbus, Ohio (Blind & Deaf School), and to declare an emergency.
Body
WHEREAS, the State of Ohio, State Education Department, is the owner of a certain private sanitary sewer which runs along its Deaf and Blind Schools property on North High Street, more fully described in the body of this legislation; and,
WHEREAS, the State desires to grant fee title to the aforementioned sewer to the City of Columbus, who will repair and maintain the sewer as it's own; and
WHEREAS, after investigation, the Department of Public Service has determined that accepting fee title to the sewer will not adversely affect the City and therefore should be allowed; and
WHEREAS, however, in the length of time estimated for the State of Ohio to transfer fee title of the subject property to the City, a Department of Public Utilities project involving the same sewer will be delayed; and
WHEREAS, the State of Ohio has agreed to also grant an easement to the City of Columbus, as not to delay the aforementioned Sewers and Drains Project.
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 as approved by the Real Estate Division, Department of Law, necessary to accept a certain sanitary sewer easement from the State of Ohio over that real property commonly known as 5220 N. High Street, Columbus, Ohio (Blind & Deaf School), 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 a quitclaim deed of easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to accept certain sanitary sewers rights as granted by the State of Ohio over the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus and being a 15-foot wide easement across The State of Ohio original 236.26 acre tract of record in Deed Book 1238, Page 468 of the Recorder's Office, Franklin County, Ohio, said 15 foot wide easement being more particularly described as follows:
Beginning for reference at the intersection of the centerlines of North High Street (66 feet wide) and Sunny side Lane (50 feet wide);
Thence S 87º 05' 47" E, 33.00 feet, in the centerline of Sunnyside Lane, to a point;
Thence S 2º 35' 13" W, 214.69 feet, in the easterly right-of-way line of North High Street, to the Place Of Beginning of said 15 foot wide easement in the southerly line of the William H. Hadler 1.324 acre tract of record in Instrument #200107130160025 and in a northerly line of said 236.26 acre tract;
Thence S 87º 05' 47" E, 15.00 feet, in the southerly line of said 1.324 acre tract and in a northerly line of said 236.26 acre tract, to a point;
Thence S 2º 35' 13" W, 310.59 feet, to a southerly line of said 236.26 acre tract and the northerly line of the Marjorie H. Bradburn 0.1308 acre tract of record in Official Record 01835, A-07 of said Recorder's Office;
Thence N 87º 19' 07" W, 15.00 feet, in said southerly line of said 236.26 acre tract and in the northerly line of said 0.1308 acre tract, to the easterly right-of-way line of North High Street;
Thence N 2º 35' 13" E, 310.65 feet, in said easterly right-of-way line, to the Place Of Beginning, containing 0.107 acres (4659 square feet), more or less.
This description is based on the results of a field survey in March 2005, by Gary L. Elswick, Professional Surveyor #6395. Bearings are based on Ohio State Plane, South Zone, NAD83. Gary L. Elswick, P.S. #6395, 4/13/05.
Franklin County Tax Parcel No. 010-110291. Commonly known as 5220 N. High Street, Columbus, Ohio (Blind & Deaf School). Prior Instrument Reference: D.B. Vol. 1238, Page 468, Recorder's Office, Franklin County, Ohio.
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.