Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights, located in the vicinity of Reynoldsburg-New Albany Road and East Broad Street, by virtue of recorded deeds of easement. The Kroger Company 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: 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 development of the property.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain portion of a sanitary easement, located in the vicinity of Reynoldsburg-New Albany Road and East Broad Street, at the request of The Kroger Company, 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 holds title to an easement, located in the vicinity of Reynoldsburg-New Albany Road and East Broad Street, by virtue of a recorded deed of easement; and,
WHEREAS, the Kroger Company, has requested that a portion of the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus; and,
WHEREAS, the Division of Sewerage and Drainage has determined that the release of said easement will not adversely affect the City of Columbus; 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 certain utility easement at the request of the Kroger Company, 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:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 1 North, Range 16 West, United States Military Lands and being a portion of an existing sanitary sewer easement (15 feet in width) conveyed to City of Columbus, Ohio by deed of record in Official Record 20074, Page D 05, said existing easement crosses a portion of an original 13.714 acre tract of land conveyed as Tract I and crosses a portion of a 1.418 acre tract of land conveyed as Tract III to Regency Centers, L.P. by deed of record in Instrument 199805080112954, all references being to the Recorder's Office, Franklin County, Ohio, said portion of said easement to be vacated bounded and described as follows:
Beginning at a point in the north line of said 1.418 acre tract, in a south line of said original 13.714 acre tract and in an east line of said existing easement, said point being S 72° 29' 00" W a distance of 167.97 feet from the northeast corner of said 1.418 acre tract and from a southeast corner of said original 13.714 acre tract;
thence S 00° 57' 37" E along a portion of an east line of said existing easement a distance of 7.45 feet to a point at a corner of said existing easement;
thence N 61° 01' 25" W crossing a portion of said existing easement a distance of 17.31 feet to a point at a corner of said existing easement;
thence N 00° 57' 37" W along a portion of a west line of said existing easement a distance of 97.97 feet to a point;
thence N 82° 19' 52" E crossing a portion of said existing easement a distance of 15.10 feet to a point in an east line of said existing easement;
thence S 00° 57' 37" E along a portion of an east line of said existing easement a distance of 100.93 feet to the place of beginning;
containing 1,548 square feet (= 0.036 acre) of land more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from best available Court House research in May, 2005. Basis of bearings is a south line of East Broad Street Business Center, being S 81° 48' 00" W, as shown of record in Plat Book 58, Page 38 and 39, Recorder's Office, Franklin County, Ohio.
Kevin L. Baxter
Ohio Surveyor #7697
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.