Explanation
The Public Service Department, Transportation Division, recently received a request asking that the City release two portions of a platted easement located within Lot 1 of The Patio at Northland, as recorded in Plat Book 42, Page 71 of the Franklin County, Ohio Recorder's Office. When originally platted it was intended that this easement be utilized to construct and maintain utility lines to service buildings on this site, however, buildings were constructed over these two portions of the easement area by mistake. As a result no utilities are present in these areas and the utilities necessary to service these buildings were located in other easement areas. There are no utilities currently located within these areas and the various utilities have no objections to our release of these portions of the platted easement.
A value of $500.00 was established for the release of these portions of the platted easement. The following legislation authorizes the Director of the Public Service Department to execute those documents necessary to release these two twenty-foot wide platted easement areas located within Lot 1 of The Patio at Northland.
Fiscal Impact: The City will receive a total of $500.00, to be deposited in Fund 748, Project 537650, as consideration for the release of these two platted easement areas located within Lot 1 of The Patio at Northland.
Emergency Justification: The release of these two portions of platted easement area directly affects the continued development of Lot 1 of The Patio at Northland therefore emergency action is requested.
Title
To authorize the Director of the Public Service Department to execute those documents required to release two portions of a platted easement located within Lot 1 of The Patio at Northland, as recorded in Plat Book 42, Page 71 of the Franklin County, Ohio Recorder's Office; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request asking that the City release two portions of a platted easement located within Lot 1 of The Patio at Northland, as recorded in Plat Book 42, Page 71 of the Franklin County, Ohio Recorder's Office; and
WHEREAS, when originally platted it was intended that these easement areas be utilized to construct and maintain utilities servicing the area; and
WHEREAS, release of the requested portions of this easement will not adversely impact the original plans for this area; and
WHEREAS, release of the requested portions of this easement will eliminate the encroachment condition created when buildings were constructed over these areas; and
WHEREAS, after receipt of this request the Transportation Division verified that no utilities currently exist within these areas and that the City's Divisions that construct and maintain utilities and utility type features, and the utility industry as a whole, have no objections to the release of the requested portions of this easement; and
WHEREAS, a value of $500.00 has been established for the release of the requested portions of this platted easement; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Director of the Public Service Department to execute those documents necessary to release two portions of a platted easement within Lot 1 of The Patio at Northland so that development may continue and the existing easement encroachment issue may be resolved thereby 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 the Director of the Public Service Department be and is hereby authorized to execute those documents necessary to release the following described portions of a platted easement located within Lot 1 of The Patio at Northland, as recorded in Plat Book 42, Page 71 of the Franklin County, Ohio Recorder's Office; to-wit
Area 1
0.101 acre
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 4, Township 2, Range 18, located in United States Military Lands, being a 20 foot wide strip of land across Lot 1 of that subdivision entitled "The Patio at Northland" of record in Plat Book 42, Page 71, as conveyed to Capitol Square, Ltd., by deed of record in Instrument Number 199806050138836 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference at a northwesterly corner of said Lot 1, a southwesterly corner of that 5.555 acre tract as conveyed to Norman L. Chesrown and Doris G. Chesrown by deed of record in Deed Book 3580, Page 785, being in the easterly line of Lot 6 of that subdivision entitled "Morse Road Manor" of record in Plat Book 34, Page 79;
Thence S 86° 15' 29" E, with the northerly line of said Lot 1, a distance of 70.45 feet to a point;
Thence S 03° 44' 31' W, across said Lot 1, a distance of 112.66 feet to the TRUE Point Of Beginning;
Thence across said Lot 1, the following courses and distances:
S 86° 13' 08" E, a distance of 20.00 feet to a point;
S 03° 30' 54" W, a distance of 220.05 feet to a point;
N 86° 17' 41" W, a distance of 20.00 feet to a point; and
N 03° 30' 54" E, a distance of 220.08 feet to the True Point Of Beginning, and containing 0.101 acre of land, more or less.
Area 2
0.040 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 4, Township 2, Range 18, located in United States Military Lands, being a 20 foot wide strip of land across Lot 1 of that subdivision entitled "The Patio at Northland" of record in Plat Book 42, Page 71, as conveyed to Capitol Square, Ltd., by deed of record in Instrument Number 199806050138836 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference at a northwesterly corner of said Lot 1, a southwesterly corner of that 5.555 acre tract as conveyed to Norman L. Chesrown and Doris G. Chesrown by deed of record in Deed Book 3580, Page 785, being in the easterly line of Lot 6 of that subdivision entitled "Morse Road Manor" of record in Plat Book 34, Page 79;
Thence S 86° 15' 29" E, with the northerly line of said Lot 1, a distance of 397.97 feet to a point;
Thence S 03° 44' 31' W, across said Lot 1, a distance of 40.03 feet to the True Point Of Beginning;
Thence across said Lot 1, the following courses and distances:
S 03° 54' 28" W, a distance of 88.18 feet to a point;
N 86° 13' 08" W, a distance of 20.00 feet to a point;
N 03° 54' 28" E, a distance of 88.18 feet to a point; and
S 86° 13' 08" E, a distance of 20.00 feet to the True Point Of Beginning, and containing 0.040 acre of land, more or less.
Section 2. That the $500.00 to be received by the City as consideration for the above referenced release shall be deposited in Fund 748, Project 537650.
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 its passage if the Mayor neither approves nor vetoes the same.