Explanation
Background: Ordinance No. 1076-2004 authorized the Director of Recreation & Parks Department to execute a deed of easement for temporary and perpetual easements to the City of Worthington, Ohio, for a main line extension, for which the City had already received for One Dollar and other valuable consideration. However, in January of this year it was determined by the City of Worthington that the legal descriptions for the subject perpetual and temporary easements were not correct. The City of Worthington has since provided the City of Columbus with the correct legal descriptions and plat for the easements required for this sanitary sewer main extension to connect into a sewer main in Columbus (Antrim Park). The main line extension will run into the city limits of Worthington for service to two sites in Worthington located on Olen Drive (a private drive) just East of Olentangy River Road. Therefore, it is now necessary that the City grant a new easement to the City of Worthington. After investigation it has been determined by the Department of Recreation and Parks that the conveyance of the new easements will not adversely affect the City. The Real Estate Division, Department of Law has determined that the easement should be granted in exchange for the previously given consideration. The following ordinance authorizes the Director of the Department of Recreation and Parks to execute a Quitclaim deed of easement and any ancillary documents necessary for the granting of the subject easement, more fully described in the body of this legislation.
Fiscal Impact: N/A:
Emergency Justification: In the spirit of inter-governmental cooperation, emergency action is requested as not to unduly delay the City of Worthington in construction and installation of the subject sanitary sewer line.
Title
To authorize the Director of the Department of Recreation and Parks to execute and grant a quitclaim deed of easement to the City of Worthington, Ohio, through a certain portion of that City owned property known as Antrim Park, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, Ordinance No. 1076-2004 authorized the Director of Recreation & Parks Department to execute a deed of easement for temporary and perpetual easements to the City of Worthington, Ohio, for a main line extension, for which the City had previously received for One Dollar and other valuable consideration; and
WHEREAS, However, in January of this 2006 it was determined by the City of Worthington that the legal descriptions for the subject perpetual and temporary easements were not correct; and
WHEREAS, the City of Worthington has since provided the City of Columbus with the correct legal descriptions and plat for the easements required for this sanitary sewer main extension to connect into a sewer main in Columbus (Antrim Park); and
WHEREAS, the main line extension will run into the city limits of Worthington for service to two sites in Worthington located on Olen Drive (a private drive) just East of Olentangy River Road; and
WHEREAS, after investigation it has been determined by the Department of Recreation and Parks that the conveyance of the new easements will not adversely affect the City and should be granted; and
WHEREAS, the Real Estate Division, Department of Law has determined that the easement should be granted in exchange for the previously given consideration; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Recreation and Parks to execute a quitclaim deed of easement and any ancillary documents required to grant said quitclaim deed of easement in the spirit of inter-governmental cooperation, as not to unduly delay the City of Worthington in construction and installation of the sanitary sewer line and for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Department of Recreation and Parks be and hereby is authorized to execute a quitclaim deed of easement prepared by the Real Estate Division, Department of Law, and any ancillary documents necessary to grant the City of Worthington, Ohio, certain utility line easement through the following described real property, to-wit:
PERPETUAL WATER UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township 3, Township 1, Range 18, United States Military Lands and being a strip of land, fifteen feet in width, containing a 0.012 acre (529 square feet) area of land, more or less, in that 47.33 acre tract of land described in Journal Entry No. 237810 of the Franklin County Court of Common Pleas and conveyed to the City of Columbus, Ohio by deed of record in Deed Book 3093, Page 305, Recorder's Office, Franklin County, Ohio, said 0.012 acre area of land being more particularly described as follows:
Beginning for reference at the centerline intersection of Olentangy River Road and Olen Drive (a fifty foot wide Ingress and Egress Easement), the same being the northwesterly corner of said 47.33 acre tract and a southwesterly corner of the residue of that 5.280 acre tract of land described in Exhibit "A" in the deed to James J. Baker, of record in Instrument No. 200103160053538, Recorder's Office, Franklin County, Ohio; thence S 86º 40' 55" E, with the centerline of said Olen Drive, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 688.00 feet to a northeasterly corner of said 47.33 acre tract, the same being an external corner of said 5.280 acre tract, thence southwardly and eastwardly with the common boundary of said 47.33 acre tract and said 5.280 acre tract, the following two (2) courses and distances: 1.) S 3º 19' 05" W, a distance of 33.00 feet to a point; 2.) S 86º 40' 55" E, a distance of 182.76 feet to the True Point Of Beginning;
Thence, from said True Point Of Beginning, S 86º 40' 45" E, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 1.31 feet to an angle point in the westerly right-of-way boundary of State Route 315;
Thence S 45º 44' 25" E, with a southwesterly right-of-way line of said State Route 315, a distance of 14.89 feet to a point;
Thence S 21º 46' 17" W, a distance of 32.21 feet to a point;
Thence N 68º 13' 43" W, a distance of 15.00 feet to a point;
Thence N 21º 46' 17" E, a distance of 37.49 feet to the True Point Of Beginning and containing a 0.012 acre area of land (529 square feet), more or less.
The bearings given in the foregoing description are based upon the bearing of S 86º 40' 45" E as given for the centerline of Olen Drive in the deed to Abigail Ellen Sheard, of record in Instrument No. 200011140231178, Recorder's Office, Franklin County, Ohio.
Bauer, Davidson & Merchant, Inc., Jimmie L. Davis, P.S. No. 6942.
TEMPORARY CONSTRUCTION EASEMENTS
AREA NO. 1
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township 3, Township 1, Range 18, United States Military Lands and being a strip of land, fifteen feet in width, containing a 0.012 acre (529 square feet) area of land, more or less, in that 47.33 acre tract of land described in Journal Entry No. 237810 of the Franklin County Court of Common Pleas and conveyed to the City of Columbus, Ohio by deed of record in Deed Book 3093, Page 305, Recorder's Office, Franklin County, Ohio, said 0.012 acre area of land being more particularly described as follows:
Beginning for reference at the centerline intersection of Olentangy River Road and Olen Drive (a fifty foot wide Ingress and Egress Easement), the same being the northwesterly corner of said 47.33 acre tract and a southwesterly corner of the residue of that 5.280 acre tract of land described in Exhibit "A" in the deed to James J. Baker, of record in Instrument No. 200103160053538, Recorder's Office, Franklin County, Ohio; thence S 86º 40' 55" E, with the centerline of said Olen Drive, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 688.00 feet to a northeasterly corner of said 47.33 acre tract, the same being an external corner of said 5.280 acre tract, thence southwardly and eastwardly with the common boundary of said 47.33 acre tract and said 5.280 acre tract, the following two (2) courses and distances: 1.) S 3º 19' 05" W, a distance of 33.00 feet to a point; 2.) S 86º 40' 55" E, a distance of 182.76 feet to the True Point Of Beginning;
Thence S 21º 46' 17" W, with the westerly line of a 0.012 acre Perpetual Water Utility Easement, a distance of 37.49 feet to the southwesterly corner of said 0.012 acre Perpetual Water Utility Easement;
Thence N 68º 13' 43" W, a distance of 37.50 feet to a point;
Thence N 21º 46' 17" E, parallel with and 24.97 feet westerly from, as measured at right angles, the westerly line of said 0.012 acre Perpetual Water Utility Easement, a distance of 24.97 feet to a point in a northerly line of said 47.33 acre tract, the same being in a southerly line of said 5.280 acre tract;
Thence S 86º 40' 45" E, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 39.53 feet to the True Point Of Beginning, and containing a 0.027 acre area of land (1171 square feet), more or less.
AREA NO. 2
Beginning for reference at the True Pont Of Beginning of the hereinabove described 0.027 acre Temporary Construction Easement; thence S 86º 40' 45" E, with a northerly line of said 47.33 acre tract and with a southerly line of said 5.280 acre tract, a distance of 1.31 feet to an angle point in the westerly right-of-way boundary of State Route 315; thence S 45º 44' 25" E, with a southwesterly right-of-way line of said State Route 315, a distance of 14.89 feet to the True Point Of Beginning of said Area No. 2;
Thence, from the True Point Of Beginning of said Area No. 2, S 45º 44' 25" E, with a southwesterly right-of-way line of said State Route 315, a distance of 13.53 feet to a point;
Thence S 21º 46' 17" W, parallel with and 12.50 feet easterly from, as measured at right angles, the easterly line of a 0.012 acre Perpetual Water Utility Easement, a distance of 27.03 feet to a point;
Thence N 68º 13' 43" W, a distance of 12.50 feet to the southeasterly corner of said 0.012 acre Perpetual Water Utility Easement;
Thence N 21º 46' 17" E, with the easterly line of said 0.012 acre Perpetual Water Utility Easement, a distance of 32.21 feet to the True Point Of Beginning of said Area No. 2, and containing a 0.008 acre area of land (370 square feet), more or less.
The bearings given in the foregoing description are based upon the bearing of S 86º 40' 45" E as given for the centerline of Olen Drive in the deed to Abigail Ellen Sheard, of record in Instrument No. 200011140231178, Recorder's Office, Franklin County, Ohio.
Bauer, Davidson & Merchant, Inc., Jimmie L. Davis, P.S. No. 6942.
Section 2. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
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.