Explanation
1. BACKGROUND:
In 1958, pursuant to Ordinance 318-58, the City of Columbus vacated an alley north of Seventeenth Avenue and east of Velma Avenue, reserving a general utility easement for those utilities located within the alley at that time. The subject parcel is now known as the Ohio State Highway Patrol Academy at 740 east Seventeenth Avenue. The Department of Public Service recently received a request from State of Ohio OEC, owner of the property, asking that the City release the reserved general utility easement from this property to help clear title. After receipt of this request, the Division of Planning and Operations verified with all the public and private utility companies that there are no public utilities located within this reserved general utility easement and that they have no objections to the release of this easement. The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release the general utility easement that was retained in 1958 pursuant to Ordinance 318-58.
2. FISCAL IMPACT:
N/A
3. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow State to clear title without delay.
Title
To authorize the Director of the Department of Public Service to execute those documents required to release the general utility easement that was retained when an alley north of Seventeenth Avenue and east of Velma Avenue that was retained in 1958 pursuant to Ordinance 318-58; and to declare an emergency. ($0.00)
Body
WHEREAS, in 1958, pursuant to Ordinance 318-58, the City of Columbus vacated an alley north of Seventeenth Avenue and east of Velma Avenue, reserving a general utility easement for those utilities located within the alley at that time; and
WHEREAS, the subject parcel is now known as the Ohio State Highway Patrol Academy at 740 east Seventeenth Avenue; and
WHEREAS, the Department of Public Service recently received a request from State of Ohio OEC, owner of the property, asking that the City release the reserved general utility easement from this property so that they can provide title insurance, without exception to the easement; and
WHEREAS, after receipt of this request, the Division of Planning and Operations verified with all the public and private utility companies that there are no utilities located within this reserved general utility easement and that they have no objections to the release of this easement; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that the Director should have the authority to immediately execute those documents required to release the general utility easement so as to allow the State to clear title without delay, thereby preserving 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 Service be and is hereby authorized to execute those documents prepared by the City Attorney's office necessary to release the general utility easement that was retained for an alley north of Seventeenth Avenue and east of Velma Avenue that was vacated pursuant to Ordinance 318-58.
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 its passage and approval by the mayor, or ten days after passage if the mayor neither approves nor vetoes the same.