Explanation
Background: The City of Columbus, Ohio holds title to an easement by virtue of a recorded deed of easement. The subject real property, which is more fully described in the body of this legislation, is located in the vicinity of Hamilton Road and Broadview Road. Ben W. Hale, Jr., Trustee, has requested that a portion of said easement be released. After investigation, it has been determined by the Division of Water, that the release of easement 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 a portion of the aforementioned water easement.
Fiscal Impact: There is no charge for this release of easement because the water line was relocated at the expense of the property owner.
Emergency Justification: Emergency Justification is requested by the Real Estate Division to as not to the delay the property owner in developing the property through which the existing easement runs.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain portion of a water utility easement, located in the vicinity of Hamilton Road and Broadview Road, at the request of the Ben W. Hale, Jr., Trustee and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of a water easement, located in the vicinity of Hamilton Road and Broadview Road, more fully described in the body of this legislation; and
WHEREAS, Ben W. Hale, Jr., Trustee, has requested that a portion of the aforementioned water easement be released; and
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 prepared by the Real Estate Division, Department of Law, necessary to release a certain portion of a City owned water utility easement 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 those documents, prepared by the Department of Law, Real Estate Division, necessary to release a certain portion of a water easement in the following described real property:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 17, United States Military Lands and being a portion of an existing easement as granted to the City of Columbus of record in Official Records Vol. 9515, E-13 (all deed references refer to records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning for reference at the centerline of Hamilton Road with Relocated Broadview Road (Plat Book 93, Pages 595 and 596;
Thence N 03º 18' 12" E, with the centerline of said Hamilton Road, a distance of 683.34 feet to a point;
Thence N 86º 41' 48" W, a distance of 60.00 feet to the southeasterly corner of said Easement, in the westerly right-of-way line of Hamilton Road at the True Point Of Beginning for this description;
Thence N 86º 27' 02" W, with the southerly line of said existing Easement, a distance of 1399.61 feet to a point on a curve in the easterly right-of-way line of Chilmark Drive;
Thence with said easterly right-of-way line the following courses:
With a curve to the right having a central angle of 18º 47' 41", a radius of 20.00 feet and a chord bearing and distance of N 20º 43' 02" E, 6.53 feet to a point of tangency;
N 30º 06' 52" E, a distance of 9.80 feet to a point in the northerly line of said existing Easement;
Thence S 86º 27' 02" E, with said northerly line, a distance of 1393.24 feet to the northeasterly corner thereof, in the westerly right-of-way line of said Hamilton Road;
Thence S 03º 28' 48" W, with said westerly right-of-way line, a distance of 15.00 feet to the True Point Of Beginning, and containing 0.481 acre of land, more or less.
EMH&T, Inc., Clark E. White, R.S. #7868, 8/28/03.
Prior Instrument Reference: O.R. Vol. 9515, Pg. E-13,
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.