Explanation
Background: Real Property Developers, LLC desires to install an sanitary sewer line that will run along that City owned property known as the Hoover Nature Preserve and has therefore requested the City grant a quitclaim deed of easement under and across said real property. After investigation, it has been determined by the Department of Public Utilities and the Department of Recreation and Parks that the granting of the easement will not adversely affect the City and should be allowed. The Real Estate Division, Department of Law has established $525.00 as the value of the subject easement. The following ordinance authorizes the Director of the Department of Department of Public Utilities and the Director of Recreation and Parks to execute a quitclaim deed and any ancillary documents necessary for the granting of aforementioned quitclaim deed of easement.
Fiscal Impact: The $525.00 to be received by the City of Columbus, Department of Department of Recreation and Parks, as consideration for said easement will be deposited into the appropriate fund, identified in the following legislation.
Emergency Justification: Emergency action is requested as not to delay the installation of the sanitary sewer line, which will benefit the City.
Title
To authorize the Director of the Department of Public Utilities and Director of Recreation and Parks to execute and grant a quitclaim deed of easement Real Property Developers, LLC under and across that City owned property known as Hoover Nature Preserve, 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, the City of Columbus is owner of that real property known as the Hoover Nature Preserve; and
WHEREAS, Real Property Developers, LLC, has requested an easement under and across a portion of said real property in order to install and maintain a sanitary sewer; and
WHEREAS, the Department of Public Utilities and Recreation and Parks has no objection to the granting of the easement, as it has been determined that its granting will not adversely affect the City; and
WHEREAS, the Real Estate Division, Department of Law has established $525.00 as the value of such easement right; 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 Department of Public Utilities and Recreation and Parks to execute a quitclaim deed of easement and any ancillary documents required to grant said quitclaim deed of easement so as not to delay installation of the sanitary sewer line 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 the Department of Public Utilities and Director 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 to Real Property Developers, LLC the following described real property, to-wit:
Situated in the State of Ohio, County of Delaware, Township of Berkshire, Farm Lot 14, Quarter Township 4, Township 4, Range 17, United States Military Lands, being an easement in the 2.70 acre tract conveyed to the City of Columbus by deed of record in Deed Book 261, Page 372, (all references are to the records of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows:
Beginning in the northwesterly line of the 6.118 acre tract conveyed to the Village of Galena by deed of record in Deed Book 489, Page 173, at a common corner of said 2.70 acre tract and the 0.72 acre tract conveyed as Parcel No. 3 to Trustees of Berkshire Township by deed of record in Deed Book 264, Page 455;
Thence S 39º 48' 45" W, a distance of 61.32 feet, with the line common to said 2.70 and 6.118 acre tracts, to a point;
Thence, across said 2.70 acre tract, the following courses and distances:
N 50º 11' 15" W, a distance of 34.24 feet to a point;
N 68º 40' 48" E, a distance of 69.46 feet to a point in the line common to said 2.70 and 0.72 acre tracts;
Thence S 85º 22' 23" E, a distance of 0.87 feet, with said common line, to the Point Of Beginning, containing 0.024 acre of land, more or less.
EMH&T, Inc., James M. Pearsall, Professional Surveyor No. 7840, 11/15/05.
Prior Instrument Reference: D.B. Vol. 259, Pg. 140; D.B. Vol. 261, Pg. 451;
D.B. Vol. 271, Pg. 363; D.B. Vol. 261, Pg. 372;
Recorder's Office, Delaware County, Ohio.
Section 2. That the Five Hundred Twenty Five Dollars. ($525.00), to be received by the City as consideration for the easement rights to be granted shall deposited as follows:
Fund # 223, OCA Code 065664, Object Level Three 0833, Dept./Div. 51-01,
Section 3. 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 328.01 (Land Review Commission) and Section 329.29 (sale of City property) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. 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