Explanation
The Public Service Department, Transportation Division, recently received a request asking that the City release a four (4) square foot portion of a ten (10) foot wide platted easement located within Lot 399 of McCutcheon Crossing, Section 7, as recorded in Plat Book 105, Page 3 of the Franklin County, Ohio Recorder's Office. When originally platted it was intended that this easement be utilized to construct and maintain a storm sewer line, and various utility lines to service homes, within this development. However, a portion of the home that was constructed upon Lot 399 was constructed within this easement area by mistake. However, no utilities are present within the area proposed for release and the storm sewer and utilities necessary to service this development will not be adversely affected by the release of this four (4) square foot easement area.
A value of $500.00 was established for the release of this portion of the platted easement. The following legislation authorizes the Director of the Public Service Department to execute those documents necessary to release this four (4) square foot easement area located within Lot 399 of McCutcheon Crossing, Section 7.
Fiscal Impact: The City will receive a total of $500.00, to be deposited in Fund 748, Project 537650, as consideration for the release of this four (4) square foot platted easement area located within Lot 399 of McCutcheon Crossing, Section 7.
Emergency Justification: The release of this four (4) square foot platted easement area is necessary to accommodate the pending sale of Lot 399 of McCutcheon Crossing, Section 7, and for its proposed buyers to secure financing for that purchase, therefore emergency action is requested.
Title
To authorize the Director of the Public Service Department to execute those documents required to release a four (4) square foot portion of a platted easement located within Lot 399 of McCutcheon Crossing, Section 7, as recorded in Plat Book 105, Page 3 of the Franklin County, Ohio Recorder's Office and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request asking that the City release a four (4) square foot portion of a platted easement located within Lot 399 of McCutcheon Crossing, Section 7, as recorded in Plat Book 105, Page 3 of the Franklin County, Ohio Recorder's Office; and
WHEREAS, when originally platted it was intended that this easement area be utilized to construct and maintain a storm sewer line, and various utilities servicing the homes, within this development; and
WHEREAS, release of the requested portion of this easement will not adversely impact the original plans for this area; and
WHEREAS, release of the requested portion of this easement will eliminate the encroachment condition created when a portion of the house constructed on Lot 399 of McCutcheon Crossing, Section 7, was built over this area; and
WHEREAS, after receipt of this request the Transportation Division verified that no utilities currently exist within this four (4) square foot area and that the City's Divisions that construct and maintain utilities and utility type features, and the utility industry as a whole, will not be adversely impacted by the release of this easement area; and
WHEREAS, a value of $500.00 has been established for the release of the requested portion of this platted easement; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Director of the Public Service Department to execute those documents necessary to release a four (4) square foot portion of a platted easement within Lot 399 of McCutcheon Crossing, Section 7, so that this lot and the home constructed upon it may be sold, its purchaser may secure necessary financing, and the existing easement encroachment issue may be resolved 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 Public Service Department be and is hereby authorized to execute those documents necessary to release the following described portion of a platted easement located within Lot 399 of McCutcheon Crossing, Section 7, as recorded in Plat Book 105, Page 3 of the Franklin County, Ohio Recorder's Office; to-wit
Area
4 Square Feet
Situated in the State of County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 17, United States Military Lands, being a strip of land across Lot 399 of that subdivision entitled "McCutcheon Crossing Section 7" of record in Plat Book 105, Page 3, as conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200606200120025 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, at a southeasterly corner of said Lot 399, a southwesterly corner of Lot 400 of said "McCutcheon Crossing Section 7", as conveyed to Joshua Investment Company, Inc by deed of record in Instrument Number 200603210052933, being the northerly right-of-way line of Carrock Court;
Thence North 24° 31'11" East, with the westerly line of said Lot 400, a distance of 35.33 feet to a point;
Thence North 65° 28' 49" West, across said Lot 399, a distance of 8.23 feet to the TRUE POINT OF BEGINNING;
Thence South 87° 48' 46" West, across said Lot 399, a distance of 2.00 feet to a point in the westerly line of an existing 10' easement of record in Plat Book 105, Page 3;
Thence North 24° 31' 11" East, with said westerly easement line of, a distance of 4.42 feet to a point;
Thence South 02° 11' 14" East, across said Lot 399, a distance of 3.95 feet to the TRUE POINT OF BEGINNING, and containing 4 square feet of land, more or less.
Section 2. That the $500.00 to be received by the City as consideration for the above referenced release shall be deposited in Fund 748, Project 537650.
Section 3. 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 its passage if the Mayor neither approves nor vetoes the same.