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File #: 2179-2005    Version: 1
Type: Ordinance Status: Passed
File created: 12/13/2005 In control: Utilities Committee
On agenda: 2/6/2006 Final action: 2/8/2006
Title: To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain sewer easements, located in the vicinity of Keswick Drive and Ogden Woods Boulevard, at the request of E. M. H. & T., Inc., in exchange for a replacement easement previously granted to the City of Columbus, Ohio.
Explanation
 
Background:    The City of Columbus, Ohio is the holder of certain sewer easement rights, located in the vicinity of Keswick Drive and Ogden Woods Boulevard, by virtue of recorded deeds of easement.  E. M. H. & T., Inc., has requested the City release a certain portion of the aforementioned sewer easement in exchange for a previously granted replacement easement.  After investigation, it has been determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted at no charge.  The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release a certain portion of the aforementioned sewer easement in exchange for a previously granted replacement easement.
 
 
Fiscal Impact:     N/A
 
 
Emergency Justification:    N/A
 
Title
 
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain sewer easements, located in the vicinity of Keswick Drive and Ogden Woods Boulevard, at the request of E. M. H. & T., Inc., in exchange for a replacement easement previously granted to the City of Columbus, Ohio.
 
 
Body
 
WHEREAS,      the City of Columbus, Department of Public Utilities, is the owner of certain sewer easements, located in the vicinity of Keswick Drive and Ogden Woods Boulevard, by virtue of recorded instrument in the Franklin County Recorders Office; and
 
WHEREAS,      E. M. H. & T., Inc., has requested that certain portions of the aforementioned sewer easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
 
WHEREAS,      after investigation, the Division of Sewerage & Drainage, has determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted; 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, as prepared by the Department of Law, Real Estate Division, necessary to release certain easement rights in and to the following described real property, to wit:
 
0.343 Acres
Sanitary Easement
      Situate in the State of Ohio, County of Franklin, Village of New Albany, United States Military Lands, and being a vacation of a portion of an existing 20.00 feet wide sanitary sewer easement of record in Instrument Number 199803270071832, lying across a 21.327 acre tract conveyed to the New Albany Company LLC by deed of reference in Official Record 13030010 and a 0.950 acre tract conveyed to Market Street South LLC by deed of record in Instrument Number 200207190177915 (all references refer to the records of the Recorder's Office, Franklin County, Ohio.)
      BEGINNING at a point in the northwest corner of Lot 109 of NEW ALBANY COUNTRY CLUB SECTION 6, subdivision of record in Plat Book 76, Page 54 and in the easterly right-of-way line of Ogden Woods Boulevard;
      Thence North 53º48'22" East, across said 21.237 acre tract, a distance of 16.68 feet, to the TRUE POINT OF BEGINNING;
      Thence across said 21.237 acre tract and said 0.950 acre tract the following courses and distances:
      North 39º 49' 46" East, to a point, a distance of 50.80 feet;
      North 63º 00' 53" East, to a point, a distance of 249.06 feet;
      North 44º 25' 20" East, to a point, a distance of 467.61 feet;
      North 62º 47' 03" East, to a point, a distance of 20.94 feet;
      North 44º 25' 19" East, to a point, a distance of 477.08 feet;
South 63º 00' 53" West, to the TRUE POINT OF BEGINNING, a distance of 299.03 feet containing 0.343 acres more or less.
      EVANS, MERCHANT, HAMBLETON AND TILTON, INC.
      Edward J. Miller, Professional Surveyor No. 8250
 
 
 
      Section 2.      That this ordinance shall take effect and be in force from and after the earliest period allowed by law.