Explanation
1. Background
The purpose of this ordinance is to amend Ordinance 3144-2015 in order to correct the legal description to the original ordinance.
The purpose of Ordinance 3144-2015 was to authorize the Director of Public Service to execute those documents necessary to release a portion of the general utility easement that was retained in 2015 pursuant to Ordinance 3144-2015. A value of $500.00 was established for the release of this portion of the general utility easement.
The reason that Public Service is requesting this amendment of the original ordinance is that the legal description in the original ordinance was incorrect and that the revision of the language will correctly define the portion of the reserved general utility easement land being vacated.
2. FISCAL IMPACT
None.
3. Emergency Justification
Emergency action is requested to allow the development of this project to proceed as currently scheduled.
Title
To amend Section 1 of Ordinance 3144-2015, passed on December 14, 2015, in order to correct the legal description of the easement being released; and to declare an emergency. (REPEALED BY ORD. 1387-2017; PASSED 6/5/2017)
Body
WHEREAS, this Council passed Ordinance Number 3144-2015 on December 14, 2015, releasing a portion of the general utility easement of north/south Pearl Street between 8th and 9th Avenues; and
WHEREAS, after passage of Ordinance 3144-2015, the Department of Public Service was asked to amend the description of the reserved general utility easement land vacated to correctly define the borders of the land being vacated; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to clarify the reserved general utility easement land being vacated in order to allow this project to proceed as scheduled, thereby immediately preserving the public health, peace, property, safety and welfare; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 1 of Ordinance 3144-2015, passed on December 14, 2015, be and is hereby amended as follows:
Section 1. That the Director of the Department of Public Service be and is hereby authorized to execute quit claim deeds and other incidental instruments prepared by the Department of Law, Real Estate Division, necessary to transfer the following described right-of-way to Edwards Communities Development Company; to-wit:
All of the Pearl Street right-of-way, east of North High Street between 8th and 9th Avenues, as shown on the plat titled “South of Gateway” (Plat Book 118, page 58).
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 1, Range 18, United States Military Lands, being on, over and across Lot 1 of the subdivision entitled “South of Gateway”, of record in Plat Book 118, Page 56, of said Lot 1 being Conveyed to Redstone Realty Company, LLC by deed of record in Instrument Number 201507130094597 (all references are to the records of the Recorder’s Office, Franklin County, Ohio) and more particularly bounded and described as follows:
BEGINNING at the intersection of the northerly right-of-way line of 8th Avenue and the westerly right-of-way of Pearl Street, Vacated by Ordinance Number 3144-2015;
Thence North 860 47’ 09” West, with said northerly right-of-way line, a distance of 20.03 feet to a point;
Thence North 080 25’ 11” West, crossing said Lot 1, a distance of 379.80 feet to a point in the southerly right-of-way line of 9th Avenue;
Thence South 860 47’ 09” East, with said southerly right-of-way line, a distance of 20.42 feet to a point;
Thence South 080 25’ 11” East, crossing said Lot 1, a distance of 178.67 feet to a point;
Thence South 860 47’ 09” East, crossing said Lot 1, a distance of 50.81 feet to a point in said westerly right-of-way line;
Thence South 030 24’ 03” West, with said westerly right-of-way line, a distance of 22.00 feet to a point;
Thence North 860 47’ 09” West, crossing said Lot 1, a distance of 46.21 feet to a point;
Thence South 080 25’ 11” East, crossing said Lot 1, a distance of 178.34 feet to a point in said westerly right-of-way line;
Thence South 480 24’ 03” West, with said westerly right-of-way line, a distance of 0.45 feet to the POINT OF BEGINNING, containing 0.199 acre of land, more or less.
The foregoing legal description was written based upon existing records.
SECTION 2. That prior existing Section 1 of Ordinance 3144-2015 is hereby repealed and replaced as provided herein.
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 passage if the Mayor neither approves nor vetoes the same.