Explanation
BACKGROUND: The City of Columbus, Ohio ("City") holds title to two (2) sanitary sewer utility easements recorded in Instrument №s 200011060224044 & 200006230124652 ("Old Easements"), Recorder's Office, Franklin County, Ohio. As Grantor-successor in interest of the Old Easements, Easton Town Center II, LLC ("Easton"), a Delaware limited liability company, now requests the City to partially release its sanitary sewer easement rights in the Old Easements. The City's Department of Public Utilities reviewed, approved, and determined that the partial release of the sanitary sewer utility easement rights in the Old Easements will not adversely affect the City and should be granted at no cost, because Easton granted the City a new, replacement sanitary sewer utility easement recorded in Instrument № 201204130051658 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio. Therefore, the following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to partially release the City's easement rights in the Old Easements.
FISCAL IMPACT: N/A
EMERGENCY JUSTIFICATION: Emergency action is requested in order to not unnecessarily burden title to Easton's real property located at Franklin County Tax Parcel № 010-247208, which preserves the public peace, health, property, safety, and welfare.
Title
To authorize the City's Director of the Department of Public Utilities to execute those documents necessary to partially release to Easton Town Center II, LLC, a Delaware limited liability company, the City's sanitary sewer easement rights recorded in Instrument №s 200011060224044 & 200006230124652, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel № 010-247208; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City"), holds title to two (2) sanitary sewer utility easements recorded in Instrument №s 200011060224044 & 200006230124652 ("Old Easements"), Recorder's Office, Franklin County, Ohio; and
WHEREAS, Easton Town Center II, LLC ("Easton"), a Delaware limited liability company, granted the City a new, replacement easement recorded in Instrument № 201204130051658 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio; and
WHEREAS, as accommodation for the Replacement Easement, Easton now requests the City to partially release its sanitary sewer easement rights in the Old Easements; and
WHEREAS, the City's Department of Public Utilities reviewed, approved, and determined that the partial release of the sanitary sewer utility easement rights in the Old Easements will not adversely affect the City and should be granted at no cost, because Easton granted the City the Replacement Easement; and
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary to partially release the Old Easements in order to not unnecessarily burden title to Easton's real property located at Franklin County Tax Parcel № 010-247208, which preserves the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The City's Director of the Department of Public Utilities is authorized to execute those documents prepared by the Columbus City Attorney, Real Estate Division, necessary to release to Easton Town Center II, LLC, a Delaware limited liability company, its sanitary sewer utility easement rights in the following described real property:
0.068 Acre Easement Release
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being across that tract conveyed to Easton Town Center II, LLC by deed of record in Instrument Number 200707250130053 and being part of that Sanitary Sewer Easement granted to City of Columbus by deed of record in Instrument Number 200006230124652 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Gramercy Street and Chagrin Drive as designated and delineated in plat Book 93, Pages 1 and 2;
Thence North 17°01'26" West, across the right-of-way of said Chagrin Drive and across said Easton Town Center II, LLC tract, a distance of 338.78 feet to a point on the southerly line of said existing Sanitary Sewer Easement , being the TRUE POINT OF BEGINNING;
Thence with the perimeter of said easement, the following courses and distances:
· South 65°28'36" West, a distance of 78.68 feet to a point;
· North 87°41'34" West, a distance of 136.29 feet to a point;
Thence North 02°18'27" East, continuing across said easement, a distance of 15.00 feet to a point in the northerly line of said easement;
Thence with the perimeter of said easement, the following courses and distances:
· South 87°41'34" East, a distance of 132.71 feet to a point;
· North 65°28'36" East, a distance of 45.44 feet to a point on the southerly line of that existing Sanitary Sewer Easement granted to the City of Columbus by deed of record in Instrument Number 200011060224044.
Thence South 87°41'34" East, continuing across said easement, a distance of 33.23 feet to the TRUE POINT OF BEGINNING, and containing 0.068 acres of land, more or less.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller, Registered Surveyor № 8250
0.112 ACRE EASEMENT RELEASE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being across that tract conveyed to Easton Town Center II, LLC by deed of record in Instrument Number 200707250130053 and being part of that Sanitary Sewer Easement granted to City of Columbus by deed of record in Instrument Number 200011060224044 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Gramercy Street and Chagrin Drive as designated and delineated in plat Book 93, Pages 1 and 2;
Thence North 08°23'55" East, across the right-of-way of said Chagrin Drive and across said Easton Town Center II, LLC tract, a distance of 37.76 feet to a point on the easterly line of said existing Sanitary Sewer Easement, being the TRUE POINT OF BEGINNING;
Thence with the perimeter of said easement, the following courses and distances:
· North 49°38'28" West, a distance of 41.58 feet to a point;
· North 87°41'34" West, a distance of 279.57 feet to a point;
Thence North 20°20'43" West, continuing across said easement, a distance of 16.25 feet to a point in the northerly line of said easement;
Thence across Grantor's tract and with the perimeter of said easement, the following courses and distances:
· South 87°41'34" East, a distance of 291.00 feet to a point;
· South 49°38'28" East, a distance of 42.46 feet to a point;
· North 87°41'33" West, a distance of 5.87 feet to a point;
· South 02°18'27" West, a distance of 14.46 feet to the TRUE POINT OF BEGINNING, and containing 0.112 acres of land, more or less.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller, Registered Surveyor № 8250
SECTION 2. For the reasons stated in the preamble of this ordinance, which is made a part legislation, this ordinance is declared to be an emergency measure and shall take effect and be in force after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.