Explanation
Background: The City of Columbus, Ohio (the "City"), is the owner of real property located in the vicinity of Hines Road and Old Refugee Road. Wide Open West Ohio LLC ("WOW"), a Delaware limited liability company, desires a perpetual non-exclusive subsurface easement under the City's property in order to install a video and communication information transmission service line to service subdivisions to the east of the Hines Road area. After investigation, the Recreation and Parks Department determined that the requested perpetual easement will not adversely affect the City and may be granted. The Department of Law, Real Estate Division, determined a value of $1,500.00 for the easement. The following legislation authorizes the Director of the Recreation and Parks Department to execute those instruments necessary to grant this easement under real property owned by the City, which is more fully described within the body of this ordinance.
Fiscal Impact: The City shall receive $1,500.00 as consideration for granting this easement, which shall be deposited into proper fund as determined by the City Auditor.
Emergency Justification: N/A
Title
To authorize the Director of the Recreation and Parks Department to execute those documents as requested by Wide Open West Ohio LLC ("WOW"), a Delaware limited liability company, which are necessary to grant a perpetual non-exclusive subsurface easement under real property owned by the City, which is located in the vicinity of Hines Road and Old Refugee Road.
Body
Whereas, the City of Columbus, Ohio, is the owner of real property located in the vicinity of Hines Road and Old Refugee Road; and,
Whereas, Wide Open West Ohio LLC ("WOW"), a Delaware limited liability company, desires a perpetual non-exclusive subsurface easement under the City's property in order to install a video and communication information transmission service line to service subdivisions located to the east of the Hines Road area; and,
Whereas, after investigation, the Recreation and Parks Department determined that the requested perpetual easement will not adversely affect the City and may be granted; and
Whereas, the Department of Law, Real Estate Division, determined a value of $1,500.00 for the easement; and,
Whereas, the following legislation authorizes the Director of the Recreation and Parks Department to execute those instruments necessary to grant the subject easement under real property owned by the City, which is more fully described within the body of this ordinance; NOW, THEREFORE
Be It Ordained By The Council of The City of Columbus, Ohio:
Section 1.That the Director of Recreation and Parks Department be, and hereby is, authorized to execute those documents approved by the Department of Law, Real Estate Division, necessary to grant the following described perpetual non-exclusive subsurface easement in, under, across and through the following described real property, as requested by Wide Open West Ohio LLC ("WOW"), a Delaware limited liability company:
Tract 1 - 0.034 Acre:
Being a Wide Open West ten (10') foot strip easement upon the City of Columbus, Ohio 16.531 Acre tract as shown recorded in Deed Book 617, Page 153, of the Fairfield County Recorders Office. Said tract being Parcel number 058-0206221 and located in the Southwest Quarter of Section 30, Township 16 North, Range 20 West, Refugee Lands, Violet Township, Fairfield County, Ohio. Easement being described as follows:
Beginning for reference at the Southeast corner of said 16.531 acre tract at the centerline of Refugee Road, thence along the easterly line of said 16.531 acre tract N 03º 50' 35" W, 657.07 feet to the point of beginning for the easement.
Thence leaving the said easterly line N 21º 50' 07" W, 157.56 feet thru the 16.531 acre tract to a point in the northerly property line of the 16.531 acre tract.
Thence along the said northerly line of the 16.531 acre tract N 70º 41' 22" E, 10.01 feet to a point.
Thence S 21º 50' 07" E, 136.33 feet to a point in the easterly line of the 16.531 acre tract.
Thence S 03º 50' 35" W, 23.08 feet along the easterly line of the 16.531 acre tract to the point of terminus of the easement.
Containing 1470 ± square feet.
Description prepared October, 2010 by Philip A. Nichol, P.S. 7894.
Tract 2 - 0.121 Acre:
Being a Wide Open West ten (10') foot strip easement upon the City of Columbus, Ohio, 33.161 Acre tract as shown and recorded in Official Record 1444, Page 1694 of the Fairfield County Recorder's office. Said tract being Parcel Number 0580804000 and located in the Southwest Quarter of Section 30, Township 16 North, Range 20 West, of the Refugee Lands, Violet Township, Fairfield County, Ohio. Easement being described as follows:
Beginning for reference at a property corner in the southern line of said 33.161 Acre tract. Thence from said corner, N 63º 09' 59" E, 201.41 feet to the point of beginning for the easement.
Thence leaving the said south line, N 21º 50' 07" W, 515.23 feet thru the 33.161 Acre tract to a point in the western line of the 33.161 Acre tract.
Thence north along the western line of the 33.161 Acre tract N 03º 50' 35" E, 23.08 feet to a point.
Thence leaving the western line and thru the 33.161 Acre tract, S 21º 50' 07" E, 535.16 feet to a point in the southern line of the 33.161 Acre tract.
Thence along the south line of the 33.161 Acre tract S 63º 09' 59" W, 10.04 feet to the point of beginning.
Containing 5230 ± square feet
Description prepared November, 2010 by Philip A. Nichol, P.S. 7894.
Fairfield County Tax Parcel №s: 0580206221; 0580804000.
Prior Instrument References: O.R. 617, Pg. 153; O.R. 1444, Pg. 1694;
Recorder's Office, Fairfield County, Ohio.
Section 2. That the One Thousand Five Hundred Dollars ($1,500.00)), to be received by the City as consideration for the easement rights to be granted, shall deposited into Recreation and Parks Fund #223; Dept./Div.51-01; Sub-Fund #025 for the aforesaid purpose is hereby authorized.
Section 3. That this ordinance shall take effect, and be in force, from, and after, the earliest period allowed by law.