Explanation
1. Background
In 1999, pursuant to Ordinance 2049-99, the City of Columbus transferred portions of right-of-way, this being the first alley north of Moler Street and between City Park Avenue and south Pearl Street within a Quitclaim Deed per instrument number 199911020275669 in Franklin County and subject to a general utility easement.
The Department of Public Service recently received a request from the property owner, Donald J Tecco Development LLC, asking that the City release this easement over the property they own within this area to clear title. After receiving this request, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for this easement, located within the requested area, and that they have no objections to this portion of easement being released.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release these easements as described below and within the attached exhibit, to allow for the property to clear title.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the request to release the easements.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release a portion of right-of-way, this being the first alley north of Moler Street and between City Park Avenue and south Pearl Street, to allow for the property to clear title. ($0.00)
Body
WHEREAS, in 1999, pursuant to Ordinance 2049-99, the City of Columbus transferred portions of right-of-way, this being the first alley north of Moler Street and between City Park Avenue and south Pearl Street within a Quitclaim Deed per instrument number 199911020275669 in Franklin County and subject to a general utility easement; and
WHEREAS, the Department of Public Service recently received a request from the property owner, Donald J Tecco Development LLC, asking that the City release this easement over the property they own within this area to clear title; and
WHEREAS, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for these easements, located within the requested area, and that they have no objections to this easement being released; and
WHEREAS, to authorize the Director of the Department of Public Service to execute those documents necessary to release this easement as described below and within the attached exhibit, to allow for the property to clear title; and
WHEREAS, a value of $500.00 for the encroachment easements was established; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute those documents necessary for the City to release these easements and clear titles to the property owner, Donald J Tecco Development LLC; NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. To authorize the Director of the Department of Public Service to execute those documents necessary for the City to release these easements as described below and within the attached exhibit, to allow for the property to clear title:
A 0.015 Acres Easement Areas to be released:
Situated in the State of Ohio, County of Franklin, City of Columbus, being the north half of a 12 foot wide easement as shown in Loechler’s Subdivision, of record in Plat Book 2, page 355, being the same portion of said alley that is described in a deed from City of Columbus, of record in Instrument Number 199911020275669, and being part of a 0.115 tract described in a deed to Donald J. Tecco Development LLC, of record in Instrument Number 202312040125670, all records being to those located in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING FOR REFERENCE at an iron pin found at the northeast corner of said 0.115 acre tract, on the easterly line of Lot 5 of said Loechler’s Subdivision, and on the westerly right-of-way line of City Park Avenue (50 feet wide); thence South 3°45’28” West, along the easterly line of said 0.115 acre tract, the easterly line of said Lot 5, and the westerly right-of-way line of said City Park Avenue, a distance of 37.81 feet to a point at the southeast corner of said Lot 5, the northeast corner of said alley, and being the TRUE POINT OF BEGINNING of the easement herein described. Thence South 3°45’28” West, along the easterly line of said 0.115 acre tract and the westerly right-of-way line of said City Park Avenue, a distance of 6.00 feet to a mag nail found at the southeast corner of said 0.115 acre tract, the northeast corner of a 0.079 acre tract described in a deed to 1305 City Park Ltd., and on the centerline of said alley; Thence North 86°23’12” West, along the southerly line of said 0.115 acre tract, the northerly line of said 0.079 acre tract, and the centerline of said alley, a distance of 111.13 feet to a mag nail found at the southwest corner of said 0.115 acre tract, the northwest corner of said 0.079 acre tract, and on the easterly right-of-way line of Pearl Alley (16 feet wide); Thence North 1°35’56” West, along the westerly line of said 0.115 acre tract and the easterly right-of-way line of said Pearl Alley, a distance of 6.02 feet to a point at the northwest corner of said alley; Thence South 86°23’12” East, crossing through said 0.115 acre tract, along the northerly line of said alley, and along the southerly line of said Lot 5, a distance of 111.69 feet to the TRUE POINT OF BEGINNING, containing 0.015 acres, more or less, being located on Franklin County Auditor’s Parcel Number 010-316948. This description was prepared by Pro Boundary, LLC, and based on an actual field survey performed in February, 2024.
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s) and that this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That the City will receive a total of $500.00 as cost to clear title to the site, to be deposited in Fund 7748, Project P537650.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.