Explanation
Background: The City of Columbus, Ohio is the holder of the rights in and to a sanitary sewer easement, located in the vicinity of Salem Drive and Georgian Drive, by virtue of recorded deed of easement Vol. 2188, Page 572. The Columbus City School Board, the developer, has requested the City release the sewer easement in exchange for a previously granted and recorded 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 the sanitary easement more fully described in the body of this legislation in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate release of the subject easement in exchange for an easement already receive by the City, as not to delay the Columbus City School Board's development of the property.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a sanitary easement, located in the vicinity of Salem Drive and Georgian Drive, at the request of The Columbus City School Board, in exchange for replacement easements previously granted to the City of Columbus, Ohio and to declare an emergency.
Body
WHEREAS, The City of Columbus, Ohio is the holder of the rights in and to a sanitary sewer easement, located in the vicinity of Salem Drive and Georgian Drive, by virtue of recorded deed of easement Vol. 2188, Page 572; and
WHEREAS, the Columbus City School Board, the developer, has requested the City release the sewer easement in exchange for a previously granted and recorded replacement easement; and
WHEREAS, 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; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release the sanitary easement more fully described in the body of this legislation in exchange for a previously granted replacement easement; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Department of Public Utilities to execute those documents necessary to release a sanitary easement at the request of the Columbus City School Board, for the immediate preservation of 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 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 the following describe real property:
DESCRIPTION OF SANITARY SEWER EASEMENT TO BE RELEASED
SOUTH OF SEXTON DRIVE, EAST OF GEORGIAN DRIVE
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of that 10.00 wide Sanitary Sewer Easement of record in Deed Volume 2188, Page 572, located within that original 8.000 acre tract as described in a deed to The Board of Education of the City School District of Columbus, Ohio, of record in Deed Volume 2150, Page 214, all references herein being to the records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the easterly right-of-way line of Georgian Drive (50.00 feet in width) at the southwesterly corner of Reserve "H" as shown and delineated upon the plat "Georgian Heights" a subdivision of record in Plat Book 26, Page 24;
Thence South 77°02'29" East, along the southerly line of said Reserve "H" a distance of 1.00 feet to a point;
Thence through said 8.000 acre tract and along the perimeter of said Sanitary Sewer Easement the following courses:
1. South 13°06'42" West, a distance of 49.00 feet to a point;
2. South 77°02'29" East, a distance of 245.00 feet to a point;
3. South 13°06'42" West, a distance of 10.00 feet to a point;
Thence North 77°02'29" West, continuing through said 8.000 acre tract, along said perimeter and through the Georgian Drive right-of-way a distance of 255.00 feet to a point;
Thence North 13°06'42" East, continuing along said perimeter and through said right-of-way, a distance of 59.00 feet to a point;
Thence South 77°02'29" East, continuing along said perimeter and through said right-of-way, a distance of 9.00 feet to the place of beginning and containing 3,040 square feet of land.
This description was prepared by M-E Companies, Inc.
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.