Explanation
1. Background
In 1972, pursuant to Ordinance 1116-1972, the City of Columbus accepted a plat known as Helen Development Subdivision No. 1, recorded in Plat Book 45 Page 118 in Franklin County. This plat has dedicated easements for construction operation and maintenance of all public and private utilities. The Department of Public Service recently received a request from the property owner, Havens Edge Apartments, LLC, asking that the City release two easements over the property they own within this area to clear title so the site can be redeveloped. After receiving this request, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for these easements, located within the requested area, and that they have no objections to these easements being released.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release these easements as described below and within the attached exhibit, to allow for the property to clear title so the site can be redeveloped.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the request to release the easements.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release two easements in the Helen Development Subdivision No. 1. ($0.00)
Body
WHEREAS, in 1972, pursuant to Ordinance 1116-1972, the City of Columbus accepted a plat known as Helen Development Subdivision No. 1, recorded in Plat Book 45 Page 118 in Franklin County. This plat has dedicated easements for construction operation and maintenance of all public and private utilities; and
WHEREAS, the Department of Public Service recently received a request from the property owner, Havens Edge Apartments, LLC, asking that the City release two easements over the property they own within this area to clear title so the site can be redeveloped; and
WHEREAS, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for these easements, located within the requested area, and that they have no objections to these easements being released; and
WHEREAS, to authorize the Director of the Department of Public Service to execute those documents necessary to release these easements as described below and within the attached exhibit, to allow for the property to clear title so the site can be redeveloped; and
WHEREAS, a value of $500.00 for the encroachment easements was established; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute those documents necessary for the City to release these easements and clear titles to the property owner, Havens Edge Apartments, LLC; NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. To authorize the Director of the Department of Public Service to execute those documents necessary for the City to release these easements as described below and within the attached exhibit, to allow for the property to clear title so the site can be redeveloped:
A 0.042 Acre Easement Areas to be released:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Half Section 52, Section 29, Township 12 North, Range 21 West, Refugee Lands, being part of a 6.478 acre tract as conveyed to Havens Edge Apartments, LLC in Instrument Number 202503100022893, and being part of Lot 2 and part of an existing 10 foot easement of HELEN DEVELOPMENT SUBDIVISION NO. 1 as delineated in Plat Book 45, Page 118, all being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: COMMENCING at the northeasterly corner of said 6.478 acre tract, also being the northwesterly corner of a 1.055 acre tract as conveyed to Yal Investments LLC in Instrument Number 202212190169374, also being on the northerly line of said Lot 2, and also being on the southerly line of RESERVE “B” of LEXINGTON SECTION NO. 2 as delineated in Plat Book 42, Page 84; Thence along an easterly line of said 6.478 acre tract, also along the westerly line of said 1.055 acre tract, and also across said Lot 2 for the following two (2) courses: 1) South 05°07’22” West, 271.40 feet to a point of curvature; 2)Along a curve to the left having a radius of 13.00 feet, a delta angle of 91°10’33”, an arc length of 20.69 feet, and a chord bearing and distance of South 40°27’53” East, 18.57 feet to a point of tangency; Thence leaving said easterly line and said westerly line and across said 6.478 acre tract and said Lot 2, South 14°26’43” West, 4.86 feet to a corner of said 10 foot easement, said corner being the TRUE POINT OF BEGINNING; Thence continuing across said 6.478 acre tract and said Lot 2 for the following four (4) courses: 1) Across said 10 foot easement, South 46°20’53” East, 10.88 feet to a corner thereof; 2) Along an easterly line of said 10 foot easement, South 20°28’20” West, 179.51 feet to a corner thereof; 3) Across said 10 foot easement, North 78°45’56" West, 10.10 feet to a corner thereof; 4) Along a westerly line of said 10 foot easement, North 20°28’20” East, 185.23 feet to a point to the TRUE POINT OF BEGINNING; Containing 0.042 acres, more or less, and being a 0.042 acre part of Franklin County Auditor's Parcel Number 010-027889-00. Bearings referenced herein are based on the Ohio State Plane Coordinate System, Ohio South Zone, NAD83 (2011) as determined by ODOT RTN observations, with the northerly line of Lot 2 of HELEN DEVELOPMENT SUBDIVISION NO. 1, as delineated in Plat Book 45, Page 118, bearing South 85°22'25" East. This description was prepared by Garrett G. Brown, Ohio Registered Professional Surveyor 8797 based on field surveys conducted from April 2023 to January 2024. This description was prepared on April 9, 2025.
A 0.080 Acre Easement Areas to be released:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Half Section 52, Section 29, Township 12 North, Range 21 West, Refugee Lands, being part of a 6.478 acre tract as conveyed to Havens Edge Apartments, LLC in Instrument Number 202503100022893, and being part of Lot 2 and part of an existing 10 foot easement of HELEN DEVELOPMENT SUBDIVISION NO. 1 as delineated in Plat Book 45, Page 118, all being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: COMMENCING at the northwesterly corner of said 6.478 acre tract, also being the northwesterly corner of said Lot 2, also being the southwesterly corner of RESERVE “B” of LEXINGTON SECTION NO. 2 as delineated in Plat Book 42, Page 84, and also being on the easterly line of a 124.349 acre tract conveyed as PARCEL ONE to FIRST CHURCH OF GOD, INC. in Instrument Number 199802230039216; Thence along an easterly line of said 124.349 acre tract and also along the westerly line of said 6.478 acre tract and said Lot 2, South 04°33’22” West, 310.78 feet to a corner of said 10 foot easement, said corner being the TRUE POINT OF BEGINNING; Thence leaving said westerly line and said easterly line, and across said 6.478 acre tract and said Lot 2 for the following three (3) courses: 1) Along a north line of said 10 foot easement, South 85°52’12” East, 350.36 feet to a point on a westerly line of a 10 foot sanitary easement recorded in Volume 3346, Page 535; 2) Along said 10 foot sanitary easement and across said 10 foot easement, South 04°40’04” West, 10.00 feet to a corner of said 10 foot sanitary easement and on a south line of said 10 foot easement; 3) Along said south line, North 85°52’12” West, 350.34 feet to a point on the westerly line of said 6.478 acre tract, said Lot 2, and said 10 foot easement, and also on the easterly line of said 124.349 acre tract; Thence along said easterly line and said westerly lines, North 04°33’22” East, 10.00 feet to a point being the TRUE POINT OF BEGINNING; Containing 0.080 acres, more or less, and being a 0.080 acre part of Franklin County Auditor's Parcel Number 010-027889-00. Bearings referenced herein are based on the Ohio State Plane Coordinate System, Ohio South Zone, NAD83 (2011) as determined by ODOT RTN observations, with the northerly line of Lot 2 of HELEN DEVELOPMENT SUBDIVISION NO. 1, as delineated in Plat Book 45, Page 118, bearing South 85°22'25" East. This description was prepared by Garrett G. Brown, Ohio Registered Professional Surveyor 8797 based on field surveys conducted from April 2023 to January 2024. This description was prepared on April 9, 2025.
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s) and that this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That the City will receive a total of $500.00 as cost to clear title to the site, to be deposited in Fund 7748, Project P537650.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.