Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights by virtue of a recorded deed of easement. Pomegranate Development LTD has requested the City release the aforementioned sewer easements, as more fully described within the body of this legislation, in exchange for previously granted replacement easements. After investigation, it has been determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release the aforementioned sewer easements in exchange for certain previously granted replacement easements.
Fiscal Impact: N/A
Emergency Justification: The City has already been granted replacement easements, and therefore emergency action is requested to allow the immediate release of the City's interest in the encumbered subject property as agreed upon.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain sewer easements at the request of the Pomegranate Development LTD in exchange for replacement easements previously granted to the City of Columbus, Ohio, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of certain sewer easement rights by virtue of recorded deed of easement: Volume 21865, Page A01 in the Franklin County Recorders Office; and
WHEREAS, The Pomegranate Development LTD, has requested that the aforementioned sewer easements be released in exchange for replacement easements previously granted to the City of Columbus; and
WHEREAS, the Division of Sewerage & Drainage, after investigation, has determined that the release of said easement rights will not adversely affect the operations of the City of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of The Department of Public Utilities, Division of Sewerage and Drainage, that it is immediately necessary to authorize the Director of Public Utilities to execute those documents necessary to release the subject easements in exchange for replacement easements previously granted to the City of Columbus for the preservation of the public health, peace, property 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 be, and hereby is authorized to execute those documents, prepared by the Department of Law, Real Estate Division, necessary to release certain utility easement rights in and to the that real property, acquire by virtue of that deed of easement recorded in Official Records, Volume 21865, Page A01, as described, to wit:
20 Feet Wide Sanitary Sewer Easement
Easement 1 of 6
Situated in the State of Ohio, County of Franklin, City of Columbus, being parts of lots 2 to 25 of the 1st. subdivision of Eaton Farms as and delineated upon the record plat in plat book 1, Page 63 of the Recorder's Office of Franklin County; for reference see Deed Vol. 1850, page 165;
Said easement being over and across the property known as Sullivant Gardens belonging to Columbus Metropolitan Housing Authority.
Beginning for reference at an iron pin in concrete monument at the Southeast most corner of the Property known as Sullivant Gardens and being located on the right of way line of Harmon Avenue;
Thence with the right of way line of Harmon Avenue S. 15˚ E. 80.06 feet to the right of way line of Renick Street.
Thence with the right of way line of Renick St. S. 70˚ W. 319.02 feet to a point being the principal place of BEGINNING for the tract herein described;
Thence with the following eleven courses around said easement;
S. 70˚ W. 20.06 feet to a point;
N. 14˚ W. 90.90 feet to a point;
N. 30˚ W. 194.64 feet to a point;
S. 74˚ W. 128.55 feet to a point;
N. 15˚ W. 20.00 feet to a point;
N. 74˚ E. 144.00 feet to a point;
S. 30˚ E. 216.55 feet to a point;
N. 70˚ E. 122.49 feet to a point;
S. 19˚ E. 20.00 feet to a point;
S. 70˚ W. 125.20 feet to a point;
S. 14˚ E. 68.43 feet to a point; to the place of beginning covering an area of 11119 square feet or 0.25525 acres.
20 Feet Wide Sanitary Sewer Easement
Easement 6 of 6
Situated in the State of Ohio, County of Franklin, City of Columbus, being parts of lots 2 to 25 of the 1st. subdivision of Eaton Farms as and delineated upon the record plat in plat book 1, Page 63 of the Recorder's Office of Franklin County; for reference see Deed Vol. 1850, page 165;
Said easement being over and across the property known as Sullivant Gardens belonging to Columbus Metropolitan Housing Authority.
Beginning for reference at an iron pin in concrete monument at the Southeast most corner of the Property known as Sullivant Gardens and being located on the right of way line of Harmon Avenue;
Thence with the right of way line of Harmon Avenue N. 15˚ W. 316.56 feet to the South right of way line of Pierce Drive.
Thence with the right of way line of Pierce Drive. S. 74˚ W. 78.00 feet to a point being the principal place of BEGINNING for the tract herein described;
Thence with the following six courses around said easement;
S. 15˚ E. 138.62 feet to a point;
S. 73˚ W. 70.69 feet to a point;
N. 16˚ W. 20.00 feet to a point;
N. 73˚ E. 51.03 feet to a point;
N. 15˚ W. 118.92 feet to a point;
N. 74˚ E. 20.00 feet to a point; to the place of beginning covering an area of 3792 square feet or 0.08705 acres.
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.