Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights by virtue of a recorded deed of easement. McCutcheon GE, LLC has requested the City release the aforementioned sewer easements, as more fully described within the body of this legislation, in exchange for previously granted replacement easements. After investigation, it has been determined that the proposed exchange of easements 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 the aforementioned sewer easements in exchange for certain previously granted replacement easements.
Fiscal Impact: N/A
Emergency Justification: The City has already been granted replacement easements, and therefore emergency action is requested to allow the immediate release of the City's interest in the encumbered subject property as agreed upon.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain sewer easements at the request of the McCutcheon GE, LLC in exchange for replacement easements previously granted to the City of Columbus, Ohio, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of certain sewer easement rights by virtue of recorded deed of easement: Volume 28490, Page I 12 in the Franklin County Recorders Office; and
WHEREAS, McCutcheon GE, LLC, has requested that the aforementioned sewer easements be released in exchange for replacement easements previously granted to the City of Columbus; and
WHEREAS, the Division of Sewerage & Drainage, after investigation, has determined that the release of said easement rights will not adversely affect the operations of the City of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of The Department of Public Utilities, Division of Sewerage and Drainage, that it is immediately necessary to authorize the Director of Public Utilities to execute those documents necessary to release the subject easement in exchange for replacement easements previously granted to the City of Columbus for the 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 certain the following described utility easement, acquired by virtue of that deed of easement recorded in Official Records, Volume 28490, Page I 12, as described, to wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 1, Township 1, Range 17, United States Military Lands and being a strip of land 30.00 feet in width located across a portion of that tract as conveyed to Abbott Laboratories by deed of record in Official Record 10102H15, all references being to those of record in the Recorder's Office, Franklin County, Ohio, said strip being more particularly bounded and described as follows:
Beginning for reference at the point in the southerly line of that 0.516 acre tract as conveyed to Abbott Laboratories by deed of record in Official Record17937D03 and in the proposed easterly right of way line of Stelzer Road, said point bears South 87˚ East, a distance of 90.02 feet from the centerline of Stelzer Road;
thence South 3˚ West, along the proposed easterly right of way line of Stelzer Road, a distance of 256.88 feet to a point and being the true place of beginning for the following described strip;
thence leaving said easterly right of way line, across said Abbott Laboratories tract, the following courses and distances:
South 86˚ East, a distance of 595.00 feet to a point;
South 03˚ West, a distance of 30.00 feet to a point; AND
North 86˚ West, a distance 595.00 feet to a point in the proposed easterly right of way line of Stelzer Road;
thence North 03˚ East, along said right of way line, a distance of 30.00 feet to the true place of beginning and containing 0.4098 acre, more or less.
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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.