Explanation
Background: Max H. Akers and Margaret A. Akers, Co-Trustees, ("Grantee") have requested that the City of Columbus ("Grantor") grant an ingress/egress access easement across a certain portion of that City owned property located in the vicinity of London Groveport Road and State Route 665, commonly known as the Interconnector Pump Station to Southerly Wastewater Treatment Plant. The Grantee's have requested that the City grant the subject easement as an accommodation to the "Grantee", for the sole purpose of allowing the Grantees a more convenient pedestrian and vehicular access to their 49 + acres of farmland immediately adjacent to City's real property. After investigation it has been determined by the Department of Public Utilities that the granting of the easement will not adversely affect the City. The Real Estate Division, Department of Law has established $950.00 as the value of such easement right. The following ordinance authorizes the Director of the Department of Public Utilities to execute a quitclaim deed and any ancillary documents necessary for the granting of the aforementioned ingress/egress access easement.Fiscal Impact: The $950.00 to be received by the City of Columbus, Department of Public Utilities, 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 improved access to the Grantee's farmland during this year's farming season.
Title
To authorize the Director of the Department of Public Utilities to grant an ingress/egress access easement to Max H. Akers and Margaret A. Akers, Co-Trustees, across a certain portion of City of Columbus owned real property commonly known as the Interconnector Pump Station to the Southerly Wastewater Treatment Plant, 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, Max H. Akers and Margaret A. Akers, Co-Trustees, ("Grantee") have requested that the City of Columbus ("Grantor") grant an ingress/egress access easement across a certain portion of that City owned property located in the vicinity of London Groveport Road and State Route 665, commonly known as the Interconnector Pump Station to Southerly Wastewater Treatment Plant; and
WHEREAS, the Grantee's have requested that the City grant the subject easement as an accommodation to the "Grantee", for the sole purpose of allowing Grantees a more convenient pedestrian and vehicular access to their 49 + acres of farmland immediately adjacent to City's real property; and
WHEREAS, after investigation it has been determined by the Department of Public Utilities that the granting of the easement will not adversely affect the City; and
WHEREAS, the Department of Public Utilities has no objection to the granting of said quitclaim deed of 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 $950.00 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 Public Utilities to execute a quitclaim deed of easement and any ancillary documents required to grant said quitclaim deed of easement 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 be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to grant certain ingress/egress access easement rights to Max H. Akers and Margaret A. Akers, Co-Trustees, across the following described real property:
Situated in the State of Ohio, County of Franklin, Township of Jackson, located in Virginia Military Survey Number 1105, and being a strip of land across that tract conveyed to City of Columbus of record in Instrument Number 1997710310131752 (all references refer 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 easterly right-of-way line of London-Groveport Road with the Grantor's northerly line;
Thence S 82º 14' 18" E, with said northerly line, a distance of 545.52 feet to a point;
Thence across Grantor's tract, the following courses and distances:
S 07º 45' 42" W, a distance of 35.00 feet to a point;
N 82º 14' 18" W, a distance of 537.10 feet to a point in said easterly right-of-way line;
Thence N 05º 46' 13" W, with said easterly right-of-way line a distance of 36.00 feet to the Point Of Beginning, and containing 0.435 acre of land, more or less.
EMH&T, Inc., Jeffrey A. Miller, Registered Surveyor No. 7211.
Prior Instrument Reference: Instrument Number 199710310131752,
Recorder's Office, Franklin County, Ohio.
Section 2. That the Nine Hundred Fifty Dollars ($950.00), to be received by the City as consideration for the easement rights to be granted shall deposited as follows:
Fund #: 671; OCA Code: 066035; Object Level Three: 0819; Dept./Div.: 60-15; Amount: $950.00
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 (Land Review Commission) and Section 329.25 (competitive bidding) 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 the same.