...Explanation
Background: The City of Columbus, Ohio ("City"), is the owner of certain real property, located in the vicinity of Dublin Road, River Landings Blvd., and Griggs Reservoir. It has been discovered that a permanent structure, namely an aeration system, currently encroaches upon the City's real property. The owner of the aeration system, Joyce A. Johnson, requested that she be granted the right to encroach upon the City's real property. The Department of Public Utilities and the Department of Recreation and Parks determined that granting the encroachment easement will not adversely affect the City and should be allowed. The encroachment easement will for a period of no more than approximately ten (10) years and for so long as the easement area is used for the purpose set forth by the City in the Determinable Encroachment Easement. Upon the expiration of the 10-year period, the easement will automatically terminate and revert to the City and the owner must remove the structures and return the real property back to its original condition. The Columbus City Attorney's Office established that Four Hundred Sixty and 00/100 U.S. ($460.00) is the value of the easement. The following ordinance is to authorize the Director of the Department Public Utilities and the Director of the Department of Recreation and Parks, severally, to execute those documents necessary to grant the Determinable Encroachment Easement.
Fiscal Impact: The Four Hundred Sixty and 00/100 U.S. ($460.00) to be received by the City, as consideration for the granting of the encroachment easement, shall be deposited in Public Utilities Department, Department № 60-09, Sub Fund 062 Waterways Nature Preservation fund.
Emergency Justification: Emergency action is requested in order to immediately address and alleviate an existing encroachment onto City-owned real property and to allow the receipt of the funds, which will preserve the public peace, health, property, safety, and welfare.
...Title
To authorize the Director of the Department of Public Utilities and the Director of the Department Recreation and Parks, severally, to execute those documents necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Joyce A. Johnson on city-owned real property, which is in the vicinity of Dublin Rd., River Landings Blvd., and Griggs Reservoir; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, is the owner of certain real property, located in the vicinity of Dublin Rd., River Landings Blvd., and Griggs Reservoir;
WHEREAS, it has been discovered that a permanent structure, namely an aeration system, currently encroaches upon the City's property;
WHEREAS, the owner of the aeration system, Joyce A. Johnson, requested that she be granted the right to encroach upon the City's property;
WHEREAS, the Department of Public Utilities and the Department of Recreation and Parks determined that granting the determinable encroachment easement will not adversely affect the City and should be allowed;
WHEREAS, the determinable encroachment easement will be for a period of no more than approximately ten (10) years and for so long as the easement area is used for the purposes set forth by the City in the Determinable Encroachment Easement;
WHEREAS, the Columbus City Attorney, Real Estate Division, established that Four Hundred Sixty and 00/100 U.S. Dollars ($460.00) is the value of the easement;
WHEREAS, an emergency exists in the usual daily operation of the Department of the Recreation and Parks and the Department of Public Utilities, because it is necessary to immediately authorize the Director of the Recreation and Parks Department and the Director of the Department of Public Utilities to execute those documents necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Joyce A. Johnson to alleviate existing encroachments onto City-owned real property in the vicinity of Dublin Rd., River Landings Blvd., and Griggs Reservoir, which will immediately preserve the public health, peace, property, safety, and welfare;
WHEREAS, the following ordinance authorizes the Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks to execute those documents necessary to grant the aforementioned easement; and
NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The Director of the Department of Public Utilities and the Director of the Department of Recreation and Parks are authorized to execute those documents, prepared by the Columbus City Attorney's Office necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Joyce A. Johnson to alleviate an existing encroachment onto the following described real property owned by the City:
0.0034 ACRE EASEMENT AREA
The following described Septic Easement is situated in the State of Ohio, Franklin County, Norwich Township, VMS 1406, and being on a 6.50 acre tract conveyed to the City of Columbus, Ohio, by Deed Book 314 page 619, in the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning at an iron pin and cap set in the West line of said 6.50 acre tract at the North East corner of a 1.99 acre tract conveyed to Joyce A. Johnson by Deed Book 3722 page 591;
Thence, with the line between said 6.50 and 1.99 acre tract, South 28° 33 min. 05 seconds East a distance of 35.00 feet to The True Point Beginning of said Easement;
Thence, across said 6.50 acre tract the following three courses:
1. North 61° 26 min. 55 seconds East a distance of 10.00 feet;
2. South 28° 33 min. 05 seconds East a distance of 15.00 feet;
3. South 61° 26 min. 55 seconds West a distance of 10.00 feet to a point in the line between said 6.50 and 1.99 acre tracts;
Thence, with the line between said 6.50 and 1.99 acre tracts, North 28° 33 min. 05 seconds West a distance of 15.00 feet returning to The True Point Beginning of said Easement.
Bearings are based the North line of said 1.99 acre tract (North 79° 57 min. East) as described in Deed Book 3722 page 591.
This deed is subject to and with the benefit of all legal highways, restrictions, easements, limitations, and reservations, of record, if any and to zoning restrictions which have been imposed thereon, if any.
All iron pins set are 5/8 inch diameter rebar with yellow plastic caps stamped "Cottrill L.L.C. 6858."
This description is based on a field survey performed August 5th, 2012 by James R. Cottrill registration #6858. (Job #S120901 easement)
FRANKLIN COUNTY TAX PARCEL № 200-000344
INSTRUMENT REFERENCE: D.B. 314, PG. 619;
RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO
STREET ADDRESS: 4386 DUBLIN RD., COLUMBUS, OH 43221
SECTION 2. The Four Hundred Sixty Dollars and 00/100 U.S. ($460.00) received by the City as consideration for the subject encroachment easement rights to be granted shall be deposited in the Public Utilities Department, Department № 60-09, Sub Fund 062 Waterways Nature Preservation fund.
SECTION 3. For the reasons stated in the preamble, which is hereby made a part of this ordinance, this ordinance is 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 10 days after its passage if the Mayor neither approves nor vetoes the same.